Page:United States Statutes at Large Volume 111 Part 1.djvu/110

 Ill STAT. 86 PUBLIC LAW 105-17-JUNE 4, 1997 have in effect, for each child with a disabiHty in its jurisdiction, an individualized education program, as defined in paragraph (1)(A). "(B) PROGRAM FOR CHILD AGED 3 THROUGH 5. —In the case of a child with a disability aged 3 through 5 (or, at the discretion of the State educational agency, a 2 yearold child with a disability who will turn age 3 during the school year), an individualized family service plan that contains the material described in section 636, and that is developed in accordance with this section, may serve as the lEP of the child if using that plan as the lEP is— "(i) consistent with State policy; and "(ii) agreed to by the agency and the child's parents. " (3) DEVELOPMENT OF IEP. — "(A) IN GENERAL.—In developing each child's IEP, the IEP Team, subject to subparagraph (C), shall consider— "(i) the strengths of the child and the concerns of the parents for enhancing the education of their child; and "(ii) the results of the initial evaluation or most recent evaluation of the child. "(B) CONSIDERATION OF SPECIAL FACTORS. —The IEP Team shall— "(i) in the case of a child whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior; "(ii) in the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child's IEP; "(iii) in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child; "(iv) consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and "(v) consider whether the child requires assistive technology devices and services. "(C) REQUIREMENT WITH RESPECT TO REGULAR EDU- CATION TEACHER.— The regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the development of the IEP

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