HAR §8-60-45. IEP team

(a) General. The department shall ensure that the IEP team for each student with a disability includes: (1) The parents of the student; (2) Not less than one regular education teacher of the student (if the student is, or may be, participating in the regular education environment); (3) Not less than one special education teacher of the student, or where appropriate, not less than one special education provider of the student; (4) A representative of the department who: (A) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of students with disabilities; (B) Is knowledgeable about the general education curriculum; and (C) Is knowledgeable about the availability of and has the authority to commit the resources of the department. (5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (2) through (6); (6) At the discretion of the parent or the department, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate; and (7) Whenever appropriate, the student with a disability. (b) Transition services participants. (1) In accordance with subsection(a)(7), the department shall invite a student with a disability to attend the student's IEP team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the student and the transition services needed to assist the student in reaching those goals under section 8-60-44(b). (2) If the student does not attend the IEP team meeting, the department shall take other steps to ensure that the student's preferences and interests are considered. (3) To the extent appropriate, with the consent of the parents or a student who has reached the age of majority, in implementing the requirements of paragraph (1), the department shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services. (c) Determination of knowledge and special expertise. The determination of the knowledge or special expertise of any individual described in subsection (a)(6) shall be made by the party (parents or department) who invited the individual to be a member of the IEP team. (d) Designating the department representative. The department may designate another department member of the IEP team to also serve as the department representative, if the criteria in subsection (a)(4) are satisfied. (e) IEP team attendance. (1) A member of the IEP team described in subsections (a)(2) through (a)(5) is not required to attend an IEP team meeting, in whole or in part, if the parent of a student with a disability and the department 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. (2) A member of the IEP team described in paragraph (e)(1) may be excused from attending an IEP team 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: (A) The parent, in writing, and the department consent to the excusal; and (B) The member submits, in writing to the parent and the IEP team, input into the development of the IEP prior to the meeting. (f) Initial IEP team meeting for student under Part C. In the case of a student who was previously served under Part C of the Act, an invitation to the initial IEP team meeting shall, 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. [Eff 11/23/09] (Auth: 20 U.S.C. 1414(d)(1)(B)-(d)(1)(D), HRS §302A-1112) (Imp: 34 C.F.R. §300.321)