After a student is found eligible for special education and related services, an Individualized Education Program (IEP) must be developed. The meeting to develop this plan can be combined with the eligibility meeting or may take place as a separate meeting.

The parent (and adult student, when applicable) will receive written notice of the meeting.

The participants at this meeting are:

• at least one regular education teacher, if the student is or may be participating in the regular education classroom;

  The regular education teacher shall be knowledgeable about the student’s educational performance or the district’s programs.

• at least one special education teacher, or where appropriate, at least one special education provider;

  The special education teacher/provider shall be knowledgeable about the student’s educational performance or the district’s programs.

• at least one child study team member who can interpret the instructional implications of the evaluation results;
• the case manager;
• a representative of the district who:
  • is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of the students with disabilities;
  • is knowledgeable about the general education curriculum;
  • is knowledgeable about the availability of resources of the district; and 
  • may be the child study team member or other appropriate personnel including the special education administrator or principal; 
• at the discretion of the parent or school district, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate;
• the student where appropriate; and
• if a purpose of the meeting is to consider transition services, the student with educational disabilities and a representative of any other agency that is likely to be responsible for providing or paying for transition services shall be invited to the IEP meeting.

A draft of the IEP being considered may be provided to the parent before the IEP meeting to assist in focusing the conversation at the meeting. However, all elements of the IEP are open to discussion and subject to change as the IEP team deems appropriate.

Within 15 calendar days of the meeting, the parent(s) (and the adult student, when applicable) are provided a written copy of the IEP or a written document that includes:

• eligibility;
• proposed individualized education program;
• proposed educational placement;
• a copy of the short procedural safeguards statement.

The parent (adult student, when applicable) may consider the determination of eligibility and the proposed program for up to 15 calendar days.

Written consent from the parents (when the student is an adult student, consent is obtained from the adult student) is required to implement the initial IEP. Written consent is not required thereafter.

After 15 calendar days of a non-initial IEP meeting, the student is considered “Eligible for Special Education and Related Services” if the parent (adult student, when applicable) did not disagree by requesting mediation or due process hearing.

When parental consent is granted, the IEP is implemented as soon as possible following the IEP meeting.