Page:United States Statutes at Large Volume 118.djvu/2740

 118 STAT. 2710 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(III) is knowledgeable about the availability of resources of the local educational agency; ‘‘(v) an individual who can interpret the instruc tional implications of evaluation results, who may be a member of the team described in clauses (ii) through (vi); ‘‘(vi) at the discretion of the parent or the agency, other individuals who have knowledge or special exper tise regarding the child, including related services per sonnel as appropriate; and ‘‘(vii) whenever appropriate, the child with a dis ability. ‘‘(C) IEP TEAM ATTENDANCE.— ‘‘(i) ATTENDANCE NOT NECESSARY.—A member of the IEP Team shall not be required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the local educational agency agree that the attendance of such member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting. ‘‘(ii) EXCUSAL.—A member of the IEP Team may be excused from attending an IEP 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— ‘‘(I) the parent and the local educational agency consent to the excusal; and ‘‘(II) the member submits, in writing to the parent and the IEP Team, input into the develop ment of the IEP prior to the meeting. ‘‘(iii) WRITTEN AGREEMENT AND CONSENT REQUIRED.—A parent’s agreement under clause (i) and consent under clause (ii) shall be in writing. ‘‘(D) IEP TEAM TRANSITION.—In the case of a child who was previously served under part C, an invitation to the initial IEP 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. ‘‘(2) REQUIREMENT THAT PROGRAM BE IN EFFECT.— ‘‘(A) IN GENERAL.—At the beginning of each school year, each local educational agency, State educational agency, or other State agency, as the case may be, shall have in effect, for each child with a disability in the agency’s 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 year old child with a disability who will turn age 3 during the school year), the IEP Team shall consider the individ ualized family service plan that contains the material described in section 636, and that is developed in accord ance with this section, and the individualized family service plan may serve as the IEP of the child if using that plan as the IEP is—

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