NC 1503-5.1 Development, Review, and Revision of IEP

Plain English summary

This regulation governs the development, review, and revision of Individualized Education Programs (IEPs) for children with disabilities in North Carolina. It details required considerations for IEP Teams including child strengths, parental concerns, special factors such as behavior, language, vision, communication, and assistive technology needs, as well as procedures for amending IEPs and annual review obligations. Special provisions address transition service failures by participating agencies and modified requirements for children with disabilities convicted as adults and incarcerated in adult prisons.

Key requirements

• In developing each child's IEP, the IEP Team must consider the strengths of the child; the concerns of the parents for enhancing the education of their child; the results of the initial or most recent evaluation of the child; and the academic, developmental, and functional needs of the child.
• In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior.
• In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP.
• In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media, that instruction in Braille or the use of Braille is not appropriate for the child.
• Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode.
• Consider whether the child needs assistive technology devices and/or services.
• A regular education teacher of a child with a disability, as a member of the IEP Team, must, to the extent appropriate, participate in the development of the IEP of the child, including the determination of appropriate positive behavioral interventions and supports and other strategies for the child; and supplementary aids and services, program modifications, and support for school personnel.
• In making changes to a child's IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child's current IEP.
• If changes are made to the child's IEP in accordance with paragraph (a)(4)(i) of this section, the public agency must ensure that the child's IEP Team is informed of those changes.
• To the extent possible, the public agency must encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.
• A parent must be provided with a revised copy of the IEP with the amendments incorporated.
• Each LEA must ensure that the IEP Team reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved.
• Each LEA must ensure that the IEP Team revises the IEP, as appropriate, to address any lack of expected progress toward the annual goals, the results of any reevaluation, information about the child provided to or by the parents, the child's anticipated needs, or other matters.
• If a participating agency, other than the public agency, fails to provide the transition services described in the IEP, the public agency must reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.
• Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.
• The requirements contained in section 612(a)(16) of the IDEA and NC 1503-4.1(a)(6) relating to participation of children with disabilities in general assessments do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons.
• The IEP Team of a child with a disability who is convicted as an adult under State law and incarcerated in an adult prison may modify the child's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

Affected parties

• Children with disabilities
• Parents of children with disabilities
• IEP Teams
• Local Education Agencies (LEAs)
• Regular education teachers
• Public agencies
• Children with limited English proficiency
• Children who are blind or visually impaired
• Children who are deaf or hard of hearing
• Children with disabilities convicted as adults and incarcerated in adult prisons
• Participating agencies providing transition services
• State vocational rehabilitation agencies

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=80