§ 45.38 - IEP revision, review of placement.

Consistent with the requirements of § 45.37, the IEP must be reviewed and updated annually. The review and revision of the IEP must be completed no later than the first day of school of the next full term. Whenever possible, the review shall be scheduled near the time that there may be a change in the personnel providing the major services to the child under the IEP, as when the child is to move from one grade or school to another. The review shall be conducted as follows:

(a) The school supervisor, the parents, and the person(s) providing the major services to the child under the IEP shall meet and make a careful review of the child's progress based upon the progress reports submitted by the school during the grading period, and the observations of those working with the child.

(b) The School Supervisor shall invite (in writing) the child's parents and, where appropriate, the child, to attend and participate in the review meeting. The School Supervisor or the parents may, at their discretion, invite other person(s) who have worked with, are working with, or will be working with the child to attend the review meeting.

(c) The participants in the review meeting shall determine:

(1) Whether the child has achieved the goals set forth in the IEP;

(2) Whether the child has met the criteria which indicate readiness to enter a less restrictive program;

(3) Whether the program the child is in should be specifically modified to make it more suitable to the child's needs; and

(4) Whether it is desirable to refer the child for an individual re-evaluation.

(d) The participants in the review meeting shall review the current IEP and revise it as appropriate in accordance with § 45.34. If a re-evaluation of the child is scheduled in accordance with § 45.39, the revision of the new IEP shall be deferred until completion of the re-evaluation. If the parent is unable to attend the review meeting, the school shall provide the parent with copies of all relevant documents within five (5) days after the review meeting has been completed.

(e) During the annual review, the description of current educational performance in the IEP must be updated and the overall educational needs, long-term educational goals, short-term objectives, and related services modifications made. Schools are required to rewrite sections of the IEP only to the extent necessary to update or modify the plan.