NC 1503-4.4 When IEPs Must be in Effect

Plain English summary

This regulation establishes requirements for when and how Individualized Education Programs (IEPs) must be in effect for children with disabilities, including timelines for initial IEP development, rules for children transferring between LEAs or states, and obligations for IEP accessibility to all responsible staff. It also addresses the option of using an IFSP in place of an IEP for children aged three through five with parental consent. LEAs must ensure comparable FAPE services are provided to transfer students until a new or adopted IEP is in place.

Key requirements

• At the beginning of each school year, each LEA must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in NC 1503-4.1.
• Each public agency must ensure that within 90 days of receipt of the referral the initial evaluation will be conducted; eligibility determined; and for an eligible child, the IEP developed, and placement completed.
• As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the IEP.
• The child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation.
• Each teacher and provider described in paragraph (d)(1) of this section is informed of his or her specific responsibilities related to implementing the child's IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.
• If a child with a disability transfers to a new LEA in the State, and enrolls in a new school, the new LEA, in consultation with the parents, must provide FAPE to the child (including services comparable to those described in the child's IEP from the previous LEA), until the new LEA either adopts the child's IEP from the previous LEA or develops, adopts, and implements a new IEP.
• A student who has been determined eligible in North Carolina using the response to scientific research-based intervention method continues to be a student with a disability and should not be reevaluated for the sole purpose of re-determining eligibility using the discrepancy method.
• If a child transfers from another State, the new LEA must provide the child with FAPE (including services comparable to those described in the child's IEP from the previous public agency), until the new LEA conducts an evaluation (if determined to be necessary) and develops, adopts, and implements a new IEP, if appropriate.
• The new LEA in which the child enrolls must take reasonable steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous LEA or public agency.
• The previous LEA or public agency in which the child was enrolled must take reasonable steps to promptly respond to the request from the new public agency.
• The public agency must provide the child's parent(s) a detailed explanation of the differences between an IFSP and an IEP, and if the parent chooses an IFSP, obtain written informed consent from the parent(s).

Affected parties

• LEAs (Local Education Agencies)
• children with disabilities
• parents of children with disabilities
• IEP Teams
• regular education teachers
• special education teachers
• related service providers
• other service providers
• public agencies
• children aged three through five with IFSPs

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=79