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Section 6

ak dept education

special ed handbook
SECTION 6
WHEN AN IEP MUST BE IN EFFECT

An IEP must be in effect before special education and related services are provided to a child. It is not permissible to first place a child in special education and then develop the IEP. The IEP must be developed within 30 days of the eligibility determination. It must be in effect at the beginning of each school year.

The District must ensure that each regular education teacher, special education teacher, related service provider, and other service provider (e.g. bus driver, playground supervisor) responsible for its implementation:
  1. Has access to the IEP.
  2. Is informed of his/her specific responsibilities relating to the implementation of the IEP.
  3. Has information regarding the specific accommodations, modifications, and supports that must be provided.
  4. Understands the confidentiality rights of children with disabilities and their families in terms of disclosing personally identifiable information.
Interim Placement

The development of an interim IEP (or the use of an interim placement) may be appropriate for an individual child with a disability if there is some question about the child's special education or related service needs. However, districts should not adopt an across-the-board policy of developing interim IEPs for all children with disabilities.

Interim placement is allowed under the following conditions:
  1. An IEP must be developed
  2. The parents must agree in writing (i.e., their signature) to the interim placement
  3. The interim placement must not continue beyond 30 calendar days.\
  4. An IEP Team meeting must be conducted at the end of the interim period.
  5. All applicable IEP content requirements must be met with no lapse in services between the interim and final placements.
Transfers into a District

When a child who has a current IEP moves into a new district, the District must decide whether to accept the evaluation report and eligibility established by the sending district and the existing IEP. If the District decides to reject the eligibility and the existing IEP, an IEP Team meeting must be held to initiate a re-evaluation.

If the District decides to develop a new IEP, the District may provide interim services and an interim placement if agreed to by the parties. If agreement cannot be reached, the District must implement the current IEP to the extent possible until a new one is developed. The new district does not need to conduct a new IEP meeting if the current IEP is available, the parents agree with it, and the District finds it appropriate. If the current IEP is not available or either party believes it is not appropriate, the new district must develop a new IEP within a short time, normally one week.

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