56341
. (a) Each meeting to develop, review, or revise the
individualized education program of an individual with exceptional
needs shall be conducted by an individualized education program team.
(b) The individualized education program team shall include all of
the following:
(1) One or both of the pupil's parents, a representative selected
by a parent, or both, in accordance with the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(2) Not less than one regular education teacher of the pupil, if
the pupil is, or may be, participating in the regular education
environment. If more than one regular education teacher is providing
instructional services to the individual with exceptional needs, one
regular education teacher may be designated by the local educational
agency to represent the others.
The regular education teacher of an individual with exceptional
needs, to the extent appropriate, shall participate in the
development, review, and revision of the pupil's individualized
education program, including assisting in the determination of
appropriate positive behavioral interventions and supports, and other
strategies for the pupil, and the determination of supplementary
aids and services, program modifications, and supports for school
personnel that will be provided for the pupil, consistent with
Section 1414(d)(1)(A)(i)(IV) of Title 20 of the United States Code.
(3) Not less than one special education teacher of the pupil, or
if appropriate, not less than one special education provider of the
pupil.
(4) A representative of the local educational agency who meets all
of the following:
(A) Is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of
individuals with exceptional needs.
(B) Is knowledgeable about the general education curriculum.
(C) Is knowledgeable about the availability of resources of the
local educational agency.
(5) An individual who can interpret the instructional implications
of the assessment results. The individual may be a member of the
team described in paragraphs (2) to (6), inclusive.
(6) At the discretion of the parent, guardian, or the local
educational agency, other individuals who have knowledge or special
expertise regarding the pupil, including related services personnel,
as appropriate. The determination of whether the individual has
knowledge or special expertise regarding the pupil shall be made by
the party who invites the individual to be a member of the
individualized education program team.
(7) Whenever appropriate, the individual with exceptional needs.
(c) In accordance with Sections 300.308 and 300.310 of Title 34 of
the Code of Federal Regulations, for a pupil suspected of having a
specific learning disability, at least one member of the
individualized education program team shall be qualified to conduct
individual diagnostic examinations of children, such as a school
psychologist, speech-language pathologist, or remedial reading
teacher. In accordance with Section 300.310 of Title 34 of the Code
of Federal Regulations, at least one team member shall observe the
pupil's academic performance and behavior in the areas of difficulty
in the pupil's learning environment, including in the regular
classroom setting. In the case of a child who is less than schoolage
or out of school, a team member shall observe the child in an
environment appropriate for a child of that age.
(d) (1) The local educational agency shall invite an individual
with exceptional needs to attend his or her individualized education
program meeting if a purpose of the meeting will be the consideration
of the postsecondary goals for the individual and the needed
transition services for the individual to assist the individual in
reaching those goals under subparagraphs (A) and (B) of paragraph (8)
of subdivision (a) of Section 56345.
(2) If the individual with exceptional needs does not attend the
individualized education program meeting, the local educational
agency shall take steps to ensure that the individual's preferences
and interests are considered.
(3) To the extent appropriate, with the consent of the parents or
an individual with exceptional needs who has reached the age of
majority, in implementing the requirements of paragraph (1), the
local educational agency shall invite a representative of a
participating agency that is likely to be responsible for providing
or paying for transition services.
(e) A local educational agency may designate another local
educational agency member of the individualized education program
team to serve also as the representative required pursuant to
paragraph (4) of subdivision (b) if the requirements of subparagraphs
(A), (B), and (C) of paragraph (4) of subdivision (b) are met.
(f) A member of the individualized education program team
described in paragraphs (2) to (5), inclusive, of subdivision (b)
shall not be required to attend an individualized education program
meeting, in whole or in part, if the parent of the individual with
exceptional needs and the local educational agency agree, in writing,
that the attendance of the member is not necessary because the
member's area of the curriculum or related services is not being
modified or discussed in the meeting.
(g) A member of the individualized education program team
described in subdivision (f) may be excused from attending an
individualized education program meeting, in whole or in part, when
the meeting involves a modification to or discussion of the member's
area of the curriculum or related services, if both of the following
occur:
(1) The parent, in writing, and the local educational agency
consent to the excusal after conferring with the member.
(2) The member submits, in writing, to the parent and the
individualized education program team input into the development of
the individualized education program prior to the meeting.
(h) A parent's agreement under subdivision (f) and consent under
subdivision (g) shall be in writing.
(i) In the case of a child who was previously served under Chapter
4.4 (commencing with Section 56425), Early Education for Individuals
with Exceptional Needs, or the California Early Intervention
Services Act under Title 14 (commencing with Section 95000) of the
Government Code, an invitation to the initial individualized
education program team meeting shall, at the request of the parent,
be sent to the infants and toddlers with disabilities service
coordinator, as described in Subchapter III (commencing with Section
1431) of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.), or other representatives of the early
education or early intervention system to assist with the smooth
transition of services.