Section 8-405 - Meetings to discuss and evaluate educational program; extended year services.
§ 8-405. Meetings to discuss and evaluate educational program; extended year services.
(a) Participation by parents; notice.- When a team of qualified professionals and the parents meet for the purpose of discussing the identification, evaluation, educational program, or the provision of a free appropriate public education of a child with a disability:
(1) The parents of the child shall be afforded the opportunity to participate and shall be provided reasonable notice in advance of the meeting; and
(2) Reasonable notice shall be at least 10 calendar days in advance of the meeting, unless an expedited meeting is being conducted to:
(i) Address disciplinary issues;
(ii) Determine the placement of the child with a disability not currently receiving educational services; or
(iii) Meet other urgent needs of a child with a disability to ensure the provision of a free appropriate public education.
(b) Extended year services.- The individualized education program team shall determine, on at least an annual basis, whether the child requires extended year services in order to ensure that the child is not deprived of a free appropriate public education by virtue of the normal break in the regular school year.
(c) Accessible copy of assessment, report, etc.-
(1) (i) Except as provided in paragraph (2) of this subsection, and subject to subparagraph (ii) of this paragraph, at least 5 business days before a scheduled meeting of the individualized education program team or other multidisciplinary education team for any purpose for a child with a disability, appropriate school personnel shall provide the parents of the child with an accessible copy of each assessment, report, data chart, draft individualized education program, or other document that either team plans to discuss at the meeting.
(ii) Subject to subparagraph (i) of this paragraph, an assessment, report, data chart, or other document prepared by a school psychologist or other medical professional that either team plans to discuss at the meeting may be provided to the parents of the child orally and in writing prior to the meeting.
(2) (i) Subject to subparagraph (ii) of this paragraph, appropriate school personnel are not required to comply with paragraph (1) of this subsection in the event of an extenuating circumstance.
(ii) In the event of an extenuating circumstance, appropriate school personnel who fail to comply with paragraph (1) of this subsection shall document the extenuating circumstance and communicate that information to the parents of the child.
(d) Completed individualized education program.-
(1) Not later than 5 business days after a scheduled meeting of the individualized education program team or other multidisciplinary team for a child with a disability, appropriate school personnel shall provide the parents of the child with a copy of the completed individualized education program.
(2) If the individualized education program has not been completed by the 5th business day after the meeting, the parents shall be provided with the draft copy of the individualized education program.
(3) The completed or draft individualized education program shall be provided to the parents in an accessible format.
(e) Noncompliance does not constitute substantive violation.- Failure to comply with this section does not constitute a substantive violation of the requirement to provide a student with a free appropriate public education.
[1980, ch. 701; 1996, ch. 10, § 16; 1998, ch. 726; 2010, chs. 664, 665.]