511 Ind. Admin. Code 7-42-3

Current through December 4, 2024

Section 511 IAC 7-42-3 - Case conference committee participants

Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-30-8; IC 20-35

Sec. 3.

(a) For each CCC meeting, the public agency must designate a representative who:

(1) is:

(A) knowledgeable about the availability of, and has the authority to commit, resources of the public agency;

(B) qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities; and

(C) knowledgeable about the general education curriculum; and

(2) may be any public agency participant of the CCC if the criteria of subdivision (1) are satisfied.

(b) The public agency must ensure that the case conference participants include the following:

(1) The designated public agency representative as described in subsection (a).

(2) One (1) of the following:

(A) The student's current teacher of record.

(B) In the case of a student with a language or speech impairment only, the speech-language pathologist.

(C) For a student whose initial eligibility for special education and related services is under consideration, a teacher licensed in the area of the student's suspected disability.

(3) Not fewer than one (1) of the student's general education teachers, if the student is or may be participating in the general education environment. For purposes of early childhood, a general education teacher may be:

(A) a general education:

(i) teacher who provides services to nondisabled students in the public agency's preschool program; or

(ii) kindergarten teacher who provides services to nondisabled students if the student is of kindergarten age; or

(B) an individual knowledgeable about early childhood development, curriculum, and integrated placement options if the public agency does not have a general education preschool program.

(4) An individual who can interpret the instructional implications of evaluation results, who may be a member of the CCC described in subdivisions (1) through (3) or subsection (e).

(5) The:

(A) parent of a student less than eighteen (18) years of age; or

(B) student of legal age as defined in 511 IAC 7-32-91;

unless the parent or student of legal age choose not to participate, as described in section 2(b) of this rule.

(c) The public agency must ensure the participation in the CCC of additional individuals in the following circumstances:

(1) When a purpose of the meeting is the initial consideration of the student's eligibility for special education and related services, at least one (1) qualified professional who is a member of the multidisciplinary team that evaluated the student.

(2) When a purpose of the meeting is to develop, review, or revise the IEP for a student to be enrolled or currently enrolled in an alternative school or alternative education program under IC 20-30-8, a representative of the alternative school or alternative education program who is authorized to:

(A) make a recommendation regarding admission to the school; and

(B) commit resources.

(3) When a purpose of the meeting is to develop, review, or revise the IEP for a student to be enrolled or currently enrolled in a state operated school or state operated facility, a representative of the state operated school or state-state-operated [sic] facility who is authorized to:

(A) make a recommendation regarding admission to the school or facility; and

(B) commit resources.

(4) When a purpose of the meeting is to develop an IEP for a student to be placed to [sic] in a nonpublic school or facility by a public agency in accordance with section 13 of this rule, the following persons must participate in person or by other methods, including individual or conference telephone calls:

(A) A representative of the nonpublic school or facility.

(B) A representative of the local public agency providing any of the student's special education and related services.

(5) When the student has been unilaterally enrolled in a nonpublic school by the student's parent, a representative of the nonpublic school. If the representative cannot attend, the public agency must use other methods to ensure participation by the representative of the nonpublic school, including individual or conference telephone calls or video conference.

(d) The public agency must invite the following individuals to participate in the CCC meeting in the following circumstances:

(1) In the case of a child who is transitioning from Part C of the Individuals with Disabilities Education Act as described in 511 IAC 7-43-2, an invitation to the initial CCC meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services.

(2) When a purpose of the meeting is to develop or revise the transition IEP in accordance with 511 IAC 7-43-4 and section 9 of this rule, the public agency must invite the following:

(A) The student. If the student does not attend, the public agency must take other steps to ensure that the student's preferences and interests are considered.

(B) To the extent appropriate, and with the consent of the parent, or student of legal age as defined in 511 IAC 7-32-91, a representative of any participating agency, other than the public agency, likely to be responsible for providing or paying for transition services.

(e) At the discretion of the parent or the public agency, other individuals who have knowledge or special expertise regarding the student, including related services personnel, as appropriate, may participate in the CCC meeting. The determination of the knowledge and special expertise of any individual described in this subsection must be made by the party who invited the individual to participate.

(f) At the discretion of the parent, the student may participate in any CCC meeting in addition to those meetings to which the student must be invited.

(g) A member of the CCC described in subsection (b)(1) through (b)(4) is not required to attend a CCC meeting, in whole or in part, if the parent and the public agency agree, in writing, that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.

(h) A member of the CCC described in subsection (b)(1) through (b)(4) may be excused from attending a CCC meeting, 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 the:

(1) parent, in writing, and the public agency consent to the excusal, as consent is defined at 511 IAC 7-32-17; and

(2) member submits, in writing to the parent and the CCC, input into the development of the IEP prior to the meeting, unless the member attends the part of the meeting that involves a modification to or discussion of the member's area of the curriculum or related services.

511 IAC 7-42-3

Indiana State Board of Education; 511 IAC 7-42-3; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA

Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA

Filed 3/4/2024, 10:02 a.m.: 20240403-IR-511230504FRA