NAC388.281. Development, implementation, review and revision of individualized educational program.

Except as otherwise provided in this chapter and applicable federal laws and regulations:

     1. Before providing special services and programs of instruction for pupils with disabilities, other than gifted and talented pupils, a public agency shall adopt a procedure whereby an individualized educational program is developed for each such pupil. The procedure adopted must ensure that an individualized educational program is in effect at the beginning of each school year and before the initiation of special education or related services. Except as otherwise provided in this chapter and 34 C.F.R. § 300.300(b)(3)(ii), the procedure must comply with the provisions of 34 C.F.R. §§ 300.320 to 300.324, inclusive. For eligible pupils making the transition from early intervention programs operated pursuant to 20 U.S.C. §§ 1431 to 1444, inclusive:

     (a) An individualized educational program must be developed and implemented by the pupil’s third birthday.

     (b) The public agency shall participate in transition planning conferences arranged by the early intervention program of the pupil.

     2. The individualized educational program for a pupil must be developed, reviewed and revised by a committee which includes at least:

     (a) One representative of the public agency who is:

          (1) Qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of pupils with disabilities;

          (2) Knowledgeable about the general education curriculum of the public agency; and

          (3) Knowledgeable about the availability of resources of the public agency;

     (b) If the pupil participates in a regular educational environment, one regular classroom teacher who teaches the pupil or, if the pupil may participate in a regular educational environment, one regular classroom teacher;

     (c) One special education teacher who teaches the pupil or, if appropriate, one person who provides special educational services to the pupil;

     (d) Except as otherwise provided in subsections 10 and 11, one or both of the pupil’s parents;

     (e) If not otherwise a member of the committee, a person who is familiar with the tests and other assessments performed on or by the pupil and their results and who can interpret the instructional implications of the results of the evaluation;

     (f) Except as otherwise provided in subsection 12, if the committee is meeting to develop an individualized educational program which includes transition services relating to the courses of study of a pupil who has attained 14 years of age, the pupil;

     (g) If the committee is meeting to develop an individualized educational program which includes transition services for a pupil who is 16 years of age or older, or a pupil who will attain 16 years of age during the period in which the individualized educational program will be in effect, and the parent of the pupil consents, a representative of any agency that may be responsible for providing or paying for the transition services; and

     (h) One member who has personal knowledge about the personnel and options for placement available to provide special education and related services to the pupil.

     3. The parents or their representative and the representative of the public agency may each ask such other persons who have knowledge or special expertise concerning the pupil, including the pupil and persons who provide related services to the pupil, as the parents or the representative of the public agency deem appropriate to join the committee. The determination of the knowledge or special expertise of such a person must be made by the parents or the public agency who invited the person to participate.

     4. A member of a committee to develop an individualized educational program for a pupil with a disability must not be required to attend a meeting of the committee, in whole or in part, if:

     (a) The authorized representative of the public agency and the parent of the pupil agree that the attendance of such member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed at the meeting; and

     (b) The parent of the pupil agrees in writing to the absence of the member.

     5. A member of a committee to develop an individualized educational program for a pupil with a disability may be excused from attending a meeting of the committee, 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:

     (a) The parent of the pupil with a disability consents in writing to the absence of the member;

     (b) The authorized representative of the public agency consents to the absence; and

     (c) Before the meeting, the member submits, in writing, to the parent and the committee the member’s input concerning the development of the individualized educational program.

     6. The public agency shall:

     (a) At least annually, initiate and conduct the meetings of the committees formed to develop the individualized educational programs;

     (b) Maintain detailed records of each such program and the procedure followed in developing it;

     (c) Ensure that each regular classroom teacher, special education teacher, persons who provide related services, and any other provider of services to the pupil who is responsible for carrying out the pupil’s individualized educational program has access to the pupil’s individualized educational program and is informed of any specific responsibilities related to carrying out the pupil’s individualized educational program;

     (d) Ensure that each regular classroom teacher, special education teacher, persons who provide related services and any other provider of services to the pupil who is responsible for carrying out the pupil’s individualized educational program is informed of any specific accommodation, modification or support that must be provided to the pupil in accordance with the pupil’s individualized educational program;

     (e) Implement each program as soon as possible after it is developed;

     (f) Take whatever action is necessary, including arranging for an interpreter for parents who are deaf or whose native language is other than English, to ensure that parents who attend a committee meeting understand the proceedings;

     (g) Provide the services and instruction deemed necessary for the pupil by the committee; and

     (h) Initiate and conduct additional meetings of the committees formed to develop the individualized educational programs to identify alternative methods of providing transition services or to revise the individualized educational program of a pupil with a disability when a participating agency fails to provide an agreed upon service.

     7. After the annual meeting for a school year to develop the individualized educational program for a pupil:

     (a) Upon written agreement of the parent of the pupil with a disability and the authorized representative of the public agency, the pupil’s individualized educational program may be revised without convening a meeting of the committee.

     (b) Portions of the pupil’s individualized educational program may be revised without redrafting the entire individualized educational program.

Ê If an individualized educational program is revised in accordance with this subsection, the parent of the pupil with a disability must be provided with a copy of the revised individualized educational program at no cost and the public agency shall ensure that the committee is informed of the changes.

     8. The public agency shall:

     (a) Schedule the meeting for a time and at a place that is mutually agreed upon by the parents of the pupil and the public agency;

     (b) Provide the parents of the pupil written notice of the purpose, date, time and location of the committee meeting and a list of the persons who will attend the meeting;

     (c) Inform the parents of their right to invite persons who have knowledge or special expertise regarding the pupil, including, without limitation, related service personnel, to participate as a member of the committee that will develop the pupil’s individualized educational program; and

     (d) If transition services or transition services and postsecondary goals will be discussed at the meeting:

          (1) Provide notice pursuant to paragraph (b) to the pupil and the parent and include in the notice to the pupil an invitation to the pupil to attend the meeting and include in the notice to the parent a statement that the pupil will be invited to attend the meeting; and

          (2) Specifically state in the notice provided pursuant to paragraph (b) that transition services or transition services and postsecondary goals will be discussed at the meeting.

Ê The notice must be given sufficiently far in advance of the meeting to enable the parents to make arrangements to attend.

     9. The public agency shall, if the pupil previously received early intervention services pursuant to 20 U.S.C. §§ 1431 et seq., notify the parent of the pupil that, upon the request of the parent, the public agency will send an invitation to the service coordinator of the pupil’s early intervention system or other representative of the early intervention system to participate in the initial meeting for the development of the pupil’s individualized educational program to assist with the smooth transition of services for the pupil. If the parent requests such an invitation, the public agency shall send an invitation to the service coordinator of the pupil’s early intervention system or other representative of that system to participate in the initial meeting for the development of the pupil’s individualized educational program.

     10. If the parents do not acknowledge receipt of the notice given pursuant to subsection 8, the public agency shall make additional attempts to notify them, which may include, without limitation, attempts to notify them by telephone or through a visit to their home or place of employment. The public agency shall keep detailed records of any telephone calls, correspondence or visits made to the parent’s home or place of employment or had pursuant to this section and their results, if any. The parents of a pupil with a disability and the public agency may agree to use alternative means of participation in a meeting by the use of a video conference, a telephone conference call or other means.

     11. If the reasonable efforts of the public agency to involve the pupil’s parents are unsuccessful, the parents shall be deemed unavailable and the public agency shall develop an individualized educational program without the parents.

     12. If the pupil for whom the individualized educational program is being developed does not attend the meeting and the program includes transition services, the public agency shall use alternative methods to ascertain the preferences and interest of the pupil and document the alternative methods that were used.

     13. The committee shall:

     (a) Meet to develop the pupil’s program not later than 30 days after it is determined that the pupil is eligible for special services and programs of instruction.

     (b) Base the program it develops on the results of an evaluation made in accordance with NAC 388.330 to 388.440, inclusive.

     (c) Review the program at least annually and revise it as necessary.

     (d) Provide a copy of the program and any revisions to the parents at no cost.

     (Added to NAC by Bd. of Education, eff. 2-7-83; A 7-14-88; 9-13-91; 11-23-93; R039-98, 5-29-98; R039-98, 5-29-98, eff. 7-1-98; R085-99, 2-16-2000; R071-05, 2-23-2006; R058-07, 10-31-2007)