Section 281.41.323. When IEPs must be in effect.

       41.323(1) General. An IEP must be in effect before special education and related services are provided to eligible individuals. At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in rule 281—41.320(256B,34CFR300).

       41.323(2) Reserved.

       41.323(3) Initial IEPs; provision of services. Each public agency must ensure that:

        a.           A meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services; and

        b.           As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child’s IEP.

       41.323(4) Accessibility of child’s IEP to teachers and others. Each public agency must ensure that:

        a.           The child’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and

        b.           Each teacher and provider described in 41.323(4)“a” is informed of:

       (1)             His or her specific responsibilities related to implementing the child’s IEP; and

       (2)             The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

       41.323(5) IEPs for children who transfer public agencies in the same state. If a child with a disability who had an IEP that was in effect in a previous public agency in this state transfers to a new public agency in this state and enrolls in a new school within the same school year, the new public agency, in consultation with the parents, must provide FAPE to the child including services comparable to those described in the child’s IEP from the previous public agency until the new public agency either:

        a.           Adopts the child’s IEP from the previous public agency; or

        b.           Develops, adopts, and implements a new IEP that meets the applicable requirements in these rules.

       41.323(6) IEPs for children who transfer from another state. If a child with a disability who had an IEP that was in effect in a previous public agency in another state transfers to a public agency in this state and enrolls in a new school within the same school year, the receiving public agency, in consultation with the parents, must provide the child with FAPE, including services comparable to those described in the child’s IEP from the previous public agency, until the receiving public agency:

        a.           Conducts an evaluation pursuant to these rules if determined to be necessary by the receiving public agency; and

        b.           Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in these rules.

       41.323(7) Transmittal of records. To facilitate the transition for a child described in subrules 41.323(5) and 41.323(6):

        a.           The receiving public agency in which the child enrolls must take all reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to 34 CFR Section 99.31(a)(2); and

        b.           The previous public agency in which the child was enrolled must take all reasonable steps to promptly respond to the request from the receiving public agency.

       41.323(8) Other. It is expected that an IEP of an eligible individual will be implemented immediately after an IEP team meeting. Exceptions to this would be when the meeting occurs during the summer or vacation period, unless the child requires services during that period, or where there are circumstances requiring a short delay (e.g., making transportation arrangements); however, there can be no undue delay in providing special education and related services to an eligible individual.