72-987. Individualized education program or family service plan; contents; development; duties of IEP team; IEP meetings; postsecondary goals; transfer of child during school year.
72-987
72-987. Individualized education program or familyservice plan; contents; development; duties of IEP team; IEP meetings;postsecondary goals; transfer of child during school year.(a) (1) Except as specified in provision (2), at thebeginning of each schoolyear, each agency shall have an individualized education program in effect foreach exceptionalchild.
(2) (A) In the case of a child with a disability aged three throughfive and fortwo year-oldchildren with a disability who will turn age three during the school year, anindividualized familyservice plan that contains the material described in 20 U.S.C. 1436, and thatis developed in accordance with this section, may serve as the IEP of the childif using that plan as the IEP isagreed to by the agency and the child's parents.
(B) In conducting the initial IEP meeting for a child who was previouslyserved under part C ofthe federal law, an agency, at the request of the parent, shall send aninvitation to attend the IEPmeeting to the part C services coordinator or otherrepresentatives of the part C system to assist with the smooth transition ofservices.
(b) (1) Except as otherwise provided in this section, each IEP of anexceptionalchild and anyamendment or modification of an IEP shall be made by the child's IEP team. Upon agreement ofthe parent and the agency, an IEP team can meet in person or by alternativemeans, includingtelephone conference calls and video conferences.
(2) A member of a child's IEP team shall not be required to attend an IEPmeeting, if the parentof the child and the agency agree that the attendance of such IEP member is notnecessarybecause the IEP member's area of curriculum or related service is not to bediscussed or modifiedat the meeting. The parent's agreement shall be in writing.
(3) A member of a child's IEP team may be excused from attending an IEPmeeting when themeeting is to involve a discussion of, and possibly a modification to, the IEPmember's area ofthe curriculum or related service, if:
(A) The parent and the agency consent to the excusal;
(B) the IEP member submits, in writing to the parent and the IEP team, inputinto thedevelopment of the IEP prior to the meeting; and
(C) the parent's consent to the excusal is in writing.
(4) (A) After the annual IEP meeting for a school year, the parent of anexceptional child and anappropriate representative of the agency providing services to the child mayagree to develop awritten document amending or modifying the child's current IEP, withoutconvening an IEPmeeting.
(B) If the parent and agency representative develop a written documentamending or modifying achild's current IEP, the document shall be dated and signed by the parentand the agencyrepresentative. The parent and the agency shall be provided a copy of thedocument.
(c) The IEP for each exceptional child shall include:
(1) A statement of the child's present levels ofacademic achievement and functional performance,including: (A)How the child's disability or giftedness affects the child's involvement andprogress in the generaleducation curriculum; (B) for preschool children, asappropriate, howthe disabilityaffects the child'sparticipation in appropriate activities;and (C) for those children with disabilities who take alternate assessmentsaligned to alternate achievement standards, a description of benchmarks orshort-term objections;
(2) a statement of measurable annual goals, includingacademicand functional goals designed to: (A) Meet the child's needsthat result fromthe child's disability or giftedness, to enable the child to be involved in andmakeprogress in thegeneral education or advanced curriculum; and (B)meet each of thechild's othereducational needs thatresult from the child's disability or giftedness;
(3) a description of how the child's progress toward meeting the annualgoals will be measured and when periodic reports on the progress the child ismaking toward meeting the annual goals will be provided, such as through theuse of quarterly or other periodic reports issued concurrently with generaleducation report cards;
(4) a statement of the special education and relatedservices andsupplementary aids, based on peer-reviewed research to the extentpracticable, andservices to be provided to the child, or on behalf of the child, and astatement of the programmodifications or supports for school personnel that will be provided for thechild: (A) Toadvance appropriately toward attaining the annual goals; (B) to be involvedin and makeprogress in thegeneral education curriculum in accordance with provision (1) and toparticipate inextracurricular andother nonacademic activities; and (C) to be educated and participate with otherexceptional andnonexceptional children in the activities described in this paragraph;
(5) an explanation of the extent, if any, to which thechild will notparticipate withnonexceptional children in the regular class and in the activities described inprovision (4);
(6) (A) a statement of any individual appropriate accommodationsthat arenecessary to measure the academic achievement and functional performance of thechild on state and district-wide assessments; and (B) if the IEP teamdetermines that thechild shall take an alternate assessment on a particularstate or district-wide assessment of studentachievement or part of suchan assessment, a statement of why the child cannot participate in theregularassessment and why the particular alternate assessment selected is appropriatefor the child;
(7) the projected date for the beginning of the servicesand modificationsdescribed inprovision (4), and the anticipated frequency, location, andduration of thoseservices andmodifications;
(8) (A) beginning at age 14, and updated annually, thereafter: (A)Appropriate measurable postsecondary goalsbased uponage-appropriate transition assessments related to training, education,employment and where appropriate, independent living skills; and (B) thetransition services, including appropriate courses of study, needed to assistthe child in reaching the stated postsecondary goals; and (C) beginning atage 16, or younger, if determinedappropriate by theIEP team, astatement of needed transition services for the child, including, whenappropriate, a statement ofthe interagency responsibilities or any needed linkages; and
(9) beginningatleast one yearbefore the child reaches the age of majority under state law, a statement thatthe child has beeninformed of the child's rights, if any, that will transfer to the child onreaching the age of majorityas provided in K.S.A. 72-989, and amendments thereto.
Nothing in this section shall be construed to require: (1) That additionalinformation be included in a child's IEP beyond that which is specificallyrequired by this section; and (2) that an IEP team include information underone component of a child's IEP that is already contained under anothercomponent of the IEP.
(d) In developing each child's IEP, the IEP team shallconsider:
(1) The strengths of the child and the concerns of the parents for enhancingthe education of their child;
(2) the results of the initial evaluation or most recent evaluation of thechild;
(3) the academic, developmental and functional needs of the child;
(4) in the case of a child whose behavior impedes thechild's learning orthat of others,the use of positive behavioralinterventions and supports and other strategies to addressthat behavior;
(5) in the case of a child with limited Englishproficiency, the languageneeds of the childas such needs relate to the child's IEP;
(6) in the case of a child who is blind or visuallyimpaired, provide forinstruction inBraille and the use of Braille unless the IEP team determines, after anevaluation of the child'sreading and writing skills, needs, and appropriate reading and writing media,including anevaluation of the child's future needs for instruction in Braille or the use ofBraille, thatinstruction in Braille or the use of Braille is not appropriate for the child;
(7) the communication needs of the child, and in the caseof a child who isdeaf or hardof hearing, consider the child's language and communication needs,opportunities for directcommunications with peers and professional personnel in the child's languageandcommunication mode, academic level, and full range of needs, includingopportunities for directinstruction in the child's language and communication mode; and
(8) whether the child requires assistive technology devicesand services.
(e) The regular education teacher of the child, as a memberof the IEP team,to the extentappropriate, shall participate in:
(1) The development of the IEP of the child, including the determination ofappropriatepositive behavioral interventions supports, and other strategiesand the determination ofsupplementary aids andservices, program modifications, and support for school personnel consistentwith this section;and
(2) except as provided in this section,the review and revision of the child's IEP.
(f) Each agency shall ensure that the IEP team:
(1) Reviews the child's IEP periodically, but not less than annually todetermine whetherthe annual goals for the child are being achieved; and
(2) revises the IEP, as appropriate, to address: (A) Any lackof expectedprogress towardthe annual goals and in the general education curriculum, whereappropriate; (B) theresults of anyreevaluation conducted under this section; (C) information about the childprovided by the parents;(D) the child'santicipated needs; or (E) other matters.
(g) (1) If an exceptional child with a current IEP transfers from oneKansasschool district to anotherduring the academic year, the new school district, in consultation with thechild's parent, shall providethe child a FAPE, including services comparable to those described in thetransferred IEP, until the newschool district either adopts the transferred IEP, or develops and implements anew IEP for the child.
(2) If during the academic year, an exceptional child who has a current IEPtransfers from a schooldistrict in another state to a Kansas school district, the Kansas schooldistrict, in consultation with thechild's parent, shall provide the child a FAPE, including services comparableto those described in thetransferred IEP, until the Kansas school district either adopts the transferredIEP, or conducts anevaluation of the child, if deemed necessary, and develops and implements a newIEP for the child.
History: L. 1999, ch. 116, § 12;L. 2005, ch. 171, § 14; July 1.