581-015-2210 IEP Team (1) School districts must ensure that the IEP Team for each child with a disability includes the following participants: (a) One or both of the child's parents, except as provided in OAR 581-015-2195; (b) The child where appropriate; (c) At least one regular education teacher of the child, if the child is or may be participating in the regular education environment, consistent with section (4) of this rule; (d) At least one special education teacher of the child or, if appropriate, at least one special education provider of the child; (e) A representative of the school district, who may also be another member of the team, who is: (A) Qualified to provide, or supervise the provision of, specially designed instruction; (B) Knowledgeable about the general education curriculum; (C) Knowledgeable about district resources; and (D) Authorized to commit district resources and ensure that services set out in the IEP will be provided. (f) An individual who can interpret the instructional implications of the evaluation results (who may also be another member of the team); (g) Other individuals, including related services personnel as appropriate, invited by: (A) The parent, whom the parent determines to have knowledge or special expertise regarding the child; or (B) The school district, whom the school district determines to have knowledge or special expertise regarding the child; and (h) Transition services participants, as described in section (2) of this rule. (2) If a purpose of the meeting will be consideration of the postsecondary goals for the student and the transition services needed to assist the student in reaching those goals: (a) The school district must invite the student. If the student does not attend the meeting, the school district must take other steps to ensure that the student's preferences and interests are considered. (b) To the extent appropriate, with consent of the parents or adult student, the school district must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services. (3) IEP team attendance: (a) A member of the IEP team described in subsection (1)(c) through (1)(f) is not required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the school district 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 at the meeting. (b) A member of the IEP team described in subsection (1)(c) through (1)(f) may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of curriculum or related services, if: (A) The parent and school district consent in writing to the excusal; and (B) The member submits, in writing to the parent and the IEP team, input into the development of the IEP before the meeting. (4) The regular education teacher of the child must participate as a member of the IEP team, to the extent appropriate, in the development, review, and revision of the child's IEP, including assisting in the determination of: (a) Supplementary aids and services, program modifications and supports for school personnel that will be provided for the child; and (b) Appropriate positive behavioral interventions and supports, and other strategies for the child. Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.151 Statutes/Other Implemented: ORS 343.151, 34 CFR 300.344, 300.321, 300.324(a)(3) & (b)(3) History: Renumbered from 581-015-0066, ODE 10-2007, f. & cert. ef. 4-25-07 ODE 2-2003, f. & cert. ef. 3-10-03 ODE 32-1999, f. 12-13-99, cert. ef. 12-14-99 EB 9-1993, f. & cert. ef. 3-25-93 1EB 269, f. & ef. 12-22-77