DMSELPA Policies and Procedures

Appendix C: IEP Team Membership and Participation

Questions and Answers

b. With the consent of the parents or the pupil who has reached the age of majority, a representative of a participating agency that is likely to be responsible for providing or paying for transition services. Reference: 34 Code of Federal Regulations § 300.321(b)(3); Education Code § 56341(d)(3). c. In the case of a child previously served under the Part C infant program, and upon the request of the parent, the infant and toddlers with disabilities coordinator or other representative of the early education or early intervention system. Reference: 34 Code of Federal Regulations § 300.321(f); Education Code § 56341(i). d. A representative of a private school, before the LEA places a child with a disability in, or refers a child to, a private school or facility.

Reference: 34 Code of Federal Regulations § 300.325(a) .

5. What are the qualifications for the LEA representative? The LEA representative must meet all of the following: a. Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of individuals with exceptional needs.

b. Is knowledgeable about the general education curriculum.

c. Is knowledgeable about the availability of resources of the local education agency.

Reference: 34 Code of Federal Regulations § 300.321(a)(4); Education Code § 56341(b)(4).

6. Who is considered “qualified” to provide, or supervise the provision of, specially designed instruction? a. The term “qualified” is defined in § 3001(y) of Title 5 of the California Code of Regulations as meaning tha t “a person has met federal and state certification, licensing, registration, or other comparable requirements . . .” A person qualified to provide specially designed instruction to meet the unique needs of individuals with exceptional needs would need to be an individual who possesses certification, license or registration in the field of special education such as a speech language pathologist, school psychologist, special education teacher, occupational therapist, and physical therapist. A person qualified to supervise the provision of specially designed instruction to meet the needs of individuals with exceptional needs would need to be an individual who possesses certification as an administrator.

Reference: California Code of Regulations, Title 5, § 3001(y).

BP 5004 – Instructional Planning and the IEP

Page 32

Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 10/18)

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