Louisiana Administrative Code › Title 28 - EDUCATION › Part XCVII - Bulletin 1530-Louisiana's IEP Handbook for Students with Exceptionalities › Chapter 1 - Individualized Education Program (IEP) › Section XCVII-107 - IEP Team Participants

Current through Register Vol. 50, No. 6, June 20, 2024
A. At any
				IEP Team meeting, the following participants shall be in attendance: an
				officially designated representative of the LEA, the student's regular
				education and special education teachers, the student's parents, and a person
				knowledgeable about the student's evaluation procedures and results. The
				student, as well as other individuals the parents and/or LEA may deem
				necessary, should be given the opportunity to attend. Documentation of
				attendance is required.
1. An officially
				designated representative (ODR) of the LEA is one who is qualified to provide
				or supervise the provision of specially designed instruction to meet the unique
				needs of students with exceptionalities, is knowledgeable about the general
				education curriculum, and is knowledgeable about the availability of resources
				of the LEA. The LEA may also designate another LEA member of the IEP Team to
				serve as the agency representative, when the above criteria are satisfied. A
				LEA shall have on file and shall disseminate within the agency a policy
				statement naming the kinds of persons who may act as the official
				representative of the LEA. Representatives may include the director/supervisor
				of special education, principals, instructional strategists, teachers, or any
				other LEA employee certified to provide or supervise special educational
				services. A member of the student's evaluation team may serve in this capacity.
				A special education teacher may not serve as the ODR for a student's IEP when
				he or she is also the student's teacher.
2. Parents are equal participants in the IEP
				process in discussing the educational and related services needs of the student
				and in deciding which placement and other services are appropriate. As such,
				one or both of the student's parents should participate in the initial
				IEP/placement meeting(s). Other team members shall rely on parents to
				contribute their perspective of the student outside of school. Parental insight
				about the student's strengths and support needs, learning style, temperament,
				ability to work in various environments, and acquired adaptive skills is of
				vital importance to the team in making decisions about the student's needs and
				services. The concerns of the parents for enhancing the education of their
				child shall be documented in the IEP.
a.
				Parent is defined as a biological or adoptive parent of a child; a foster
				parent; a guardian, generally authorized to act as the child's parent or
				authorized to make educational decisions for the child, but not the state if
				the child is a ward of the state; an individual acting in the place of a
				biological or adoptive parent of a child (including a grandparent, stepparent,
				or other relative) with whom the child lives or an individual who is legally
				responsible for the child's welfare; or a surrogate parent who has been
				appointed to act in the child's behalf.
b. The LEA shall take measures to ensure that
				parents and all other team members, including sensorially impaired and
				non-English-speaking participants, can understand and actively participate in
				discussions and decision-making. These measures (i.e., having an interpreter or
				translator) should be documented. LEAs shall further ensure that, for those
				parents who cannot physically attend the IEP Team meetings, every effort is
				made to secure parental participation.
c. However, if every documented attempt fails
				and the IEP/placement document is developed without parental participation, the
				parents still shall give written informed consent for initial placement before
				any special education or related services may begin.
i. When conducting IEP Team/placement
				meetings, the parents of a student with an exceptionality and the LEA may agree
				to use alternative means of meeting participation such as videoconferences and
				conference calls.
ii. Visits may be
				made to the parents' home or place of employment to receive parental
				suggestions.
iii. Electronic mail.
				A parent of a student with an exceptionality may elect to receive
				notices/communication by electronic mail communication, if the LEA makes that
				option available. Documentation of these communiques should be kept in the
				student's IEP folder.
d.
				When a student with an exceptionality has a legal guardian or has been assigned
				a surrogate parent by the LEA, that person assumes the role of the parent
				during the IEP process in matters dealing with special educational services.
				When a student with an exceptionality is emancipated, parental participation is
				not mandated. Additionally, when the LEA has been informed that a parent is
				legally prohibited from reviewing a student's records, that parent may not
				attend the IEP Team meetings without permission of the legal
				guardian.
e. Beginning at least one
				year before the student reaches the age of majority, by the student's
				seventeenth birthday; the parents will be informed that the rights under Part B
				of the Act will transfer to the student, unless the student is determined
				incompetent under state law
.
3. An evaluation representative is a required
				participant at an initial IEP Team meeting. The person may be a member of the
				pupil appraisal team that performed the evaluation or any person knowledgeable
				about and able to interpret the evaluation data for that particular student.
				The evaluation coordinator who coordinated the activities for the reevaluation
				shall be present at the next scheduled IEP Team meeting when there is a change
				in classification, or initiation of additional services, or more restrictive
				environment is proposed for the student. For gifted and/or talented
				reevaluations, the gifted or talented teacher may serve as the evaluation
				coordinator.
4. A regular education
				teacher is at least one of the student's regular teachers (when the student is,
				or may be, participating in the regular education environment). The teacher
				must, to the extent appropriate, participate in the development, review, and
				revision of the student's IEP, including the determination of accommodations,
				appropriate positive behavioral interventions, supports and other strategies,
				the determination of supplementary aids and services, program modifications,
				and supports for school personnel that will be provided for the
				student.
5. A special education
				teacher is at least one of the student's special education teachers, or when
				appropriate, at least one special education provider of the student.
a. When a student's only disability is speech
				or language impairment, then the speech/language pathologist is considered the
				special education provider.
6. The student should be given the
				opportunity to participate in the development of the IEP. In many cases, the
				student will share responsibility for goals and objectives.
a. The LEA shall invite a student with a
				disability at any age to attend his or her IEP Team meeting if the purpose of
				the meeting will be the consideration of postsecondary goals and the transition
				services needed in reaching those goals. The LEA shall invite the student and,
				as part of the notification to the parents of the IEP Team meeting, inform the
				parents that the LEA will invite the student to the meeting.
b. Beginning at least one year before the
				student reaches the age of majority, by the student's seventeenth birthday, the
				student shall be informed that his or her rights under Part B of the Act will
				transfer to him or her unless he or she has been determined incompetent under
				state law.
7. Other
				individuals can be invited, at the discretion of the parent or LEA, who have
				knowledge or special expertise regarding the student, including related service
				personnel as appropriate. The LEA also shall inform the parents of the right of
				both the parents and the agency to invite other individuals who have knowledge
				or special expertise regarding the child, including related service personnel
				as appropriate to be members of the IEP Team. The LEA may recommend the
				participation of other persons when their involvement will assist in the
				decision-making process.
a. It is also
				appropriate for the agency to ask the parents to inform the agency of any
				individuals the parents will be inviting to the meeting. Parents are encouraged
				to let the agency know whom they intend to invite. Such cooperation can
				facilitate arrangements for the meeting and help ensure a productive,
				child-centered meeting.
b. The
				determination of the knowledge or special expertise of any individual described
				above shall be made by the parent or LEA who invited the individual to be a
				member of the IEP Team.
c. When the
				LEA responsible for the initial IEP/placement process considers referring or
				placing the student in another LEA, the responsible LEA must ensure the
				participation of a representative of the receiving LEA at the IEP Team
				meeting.
d. The LEA shall ensure
				the attendance of a representative of a private school when the student is
				voluntarily enrolled in a private school. When the representative cannot
				attend, the LEA shall use other methods to ensure participation by the private
				school or facility, including individualized or conference telephone
				calls.