Page:United States Statutes at Large Volume 118.djvu/2743

 118 STAT. 2713 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(A) IN GENERAL.—The local educational agency shall ensure that, subject to subparagraph (B), the IEP Team— ‘‘(i) reviews the child’s IEP periodically, but not less frequently than annually, to determine whether the annual goals for the child are being achieved; and ‘‘(ii) revises the IEP as appropriate to address— ‘‘(I) any lack of expected progress toward the annual goals and in the general education cur riculum, where appropriate; ‘‘(II) the results of any reevaluation conducted under this section; ‘‘(III) information about the child provided to, or by, the parents, as described in subsection (c)(1)(B); ‘‘(IV) the child’s anticipated needs; or ‘‘(V) other matters. ‘‘(B) REQUIREMENT WITH RESPECT TO REGULAR EDU CATION TEACHER.—A regular education teacher of the child, as a member of the IEP Team, shall, consistent with para graph (1)(C), participate in the review and revision of the IEP of the child. ‘‘(5) MULTI YEAR IEP DEMONSTRATION.— ‘‘(A) PILOT PROGRAM.— ‘‘(i) PURPOSE.—The purpose of this paragraph is to provide an opportunity for States to allow parents and local educational agencies the opportunity for long term planning by offering the option of developing a comprehensive multi year IEP, not to exceed 3 years, that is designed to coincide with the natural transition points for the child. ‘‘(ii) AUTHORIZATION.—In order to carry out the purpose of this paragraph, the Secretary is authorized to approve not more than 15 proposals from States to carry out the activity described in clause (i). ‘‘(iii) PROPOSAL.— ‘‘(I) IN GENERAL.—A State desiring to partici pate in the program under this paragraph shall submit a proposal to the Secretary at such time and in such manner as the Secretary may reason ably require. ‘‘(II) CONTENT.—The proposal shall include— ‘‘(aa) assurances that the development of a multi year IEP under this paragraph is optional for parents; ‘‘(bb) assurances that the parent is required to provide informed consent before a comprehensive multi year IEP is developed; ‘‘(cc) a list of required elements for each multi year IEP, including— ‘‘(AA) measurable goals pursuant to paragraph (1)(A)(i)(II), coinciding with natural transition points for the child, that will enable the child to be involved in and make progress in the general edu cation curriculum and that will meet the child’s other needs that result from the child’s disability; and

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