20 U.S.C. § 1414 : US Code - Section 1414: Evaluations, eligibility determinations, individualized education programs, and educational placements

Search 20 U.S.C. § 1414 : US Code - Section 1414: Evaluations, eligibility determinations, individualized education programs, and educational placements

(a) Evaluations, parental consent, and reevaluations
(1) Initial evaluations
(A) In general
A State educational agency, other State agency, or local
educational agency shall conduct a full and individual initial
evaluation in accordance with this paragraph and subsection
(b), before the initial provision of special education and
related services to a child with a disability under this
subchapter.
(B) Request for initial evaluation
Consistent with subparagraph (D), either a parent of a child,
or a State educational agency, other State agency, or local
educational agency may initiate a request for an initial
evaluation to determine if the child is a child with a
disability.
(C) Procedures
(i) In general
Such initial evaluation shall consist of procedures -
(I) to determine whether a child is a child with a
disability (as defined in 1401 of this title) within 60
days of receiving parental consent for the evaluation, or,
if the State establishes a timeframe within which the
evaluation must be conducted, within such timeframe; and
(II) to determine the educational needs of such child.
(ii) Exception
The relevant timeframe in clause (i)(I) shall not apply to
a local educational agency if -
(I) a child enrolls in a school served by the local
educational agency after the relevant timeframe in clause
(i)(I) has begun and prior to a determination by the
child's previous local educational agency as to whether the
child is a child with a disability (as defined in section
1401 of this title), but only if the subsequent local
educational agency is making sufficient progress to ensure
a prompt completion of the evaluation, and the parent and
subsequent local educational agency agree to a specific
time when the evaluation will be completed; or
(II) the parent of a child repeatedly fails or refuses to
produce the child for the evaluation.
(D) Parental consent
(i) In general
(I) Consent for initial evaluation
The agency proposing to conduct an initial evaluation to
determine if the child qualifies as a child with a
disability as defined in section 1401 of this title shall
obtain informed consent from the parent of such child
before conducting the evaluation. Parental consent for
evaluation shall not be construed as consent for placement
for receipt of special education and related services.
(II) Consent for services
An agency that is responsible for making a free
appropriate public education available to a child with a
disability under this subchapter shall seek to obtain
informed consent from the parent of such child before
providing special education and related services to the
child.
(ii) Absence of consent
(I) For initial evaluation
If the parent of such child does not provide consent for
an initial evaluation under clause (i)(I), or the parent
fails to respond to a request to provide the consent, the
local educational agency may pursue the initial evaluation
of the child by utilizing the procedures described in
section 1415 of this title, except to the extent
inconsistent with State law relating to such parental
consent.
(II) For services
If the parent of such child refuses to consent to
services under clause (i)(II), the local educational agency
shall not provide special education and related services to
the child by utilizing the procedures described in section
1415 of this title.
(III) Effect on agency obligations
If the parent of such child refuses to consent to the
receipt of special education and related services, or the
parent fails to respond to a request to provide such
consent -
(aa) the local educational agency shall not be
considered to be in violation of the requirement to make
available a free appropriate public education to the
child for the failure to provide such child with the
special education and related services for which the
local educational agency requests such consent; and
(bb) the local educational agency shall not be required
to convene an IEP meeting or develop an IEP under this
section for the child for the special education and
related services for which the local educational agency
requests such consent.
(iii) Consent for wards of the State
(I) In general
If the child is a ward of the State and is not residing
with the child's parent, the agency shall make reasonable
efforts to obtain the informed consent from the parent (as
defined in section 1401 of this title) of the child for an
initial evaluation to determine whether the child is a
child with a disability.
(II) Exception
The agency shall not be required to obtain informed
consent from the parent of a child for an initial
evaluation to determine whether the child is a child with a
disability if -
(aa) despite reasonable efforts to do so, the agency
cannot discover the whereabouts of the parent of the
child;
(bb) the rights of the parents of the child have been
terminated in accordance with State law; or
(cc) the rights of the parent to make educational
decisions have been subrogated by a judge in accordance
with State law and consent for an initial evaluation has
been given by an individual appointed by the judge to
represent the child.
(E) Rule of construction
The screening of a student by a teacher or specialist to
determine appropriate instructional strategies for curriculum
implementation shall not be considered to be an evaluation for
eligibility for special education and related services.
(2) Reevaluations
(A) In general
A local educational agency shall ensure that a reevaluation
of each child with a disability is conducted in accordance with
subsections (b) and (c) -
(i) if the local educational agency determines that the
educational or related services needs, including improved
academic achievement and functional performance, of the child
warrant a reevaluation; or
(ii) if the child's parents or teacher requests a
reevaluation.
(B) Limitation
A reevaluation conducted under subparagraph (A) shall occur -

(i) not more frequently than once a year, unless the parent
and the local educational agency agree otherwise; and
(ii) at least once every 3 years, unless the parent and the
local educational agency agree that a reevaluation is
unnecessary.
(b) Evaluation procedures
(1) Notice
The local educational agency shall provide notice to the
parents of a child with a disability, in accordance with
subsections (b)(3), (b)(4), and (c) of section 1415 of this
title, that describes any evaluation procedures such agency
proposes to conduct.
(2) Conduct of evaluation
In conducting the evaluation, the local educational agency
shall -
(A) use a variety of assessment tools and strategies to
gather relevant functional, developmental, and academic
information, including information provided by the parent, that
may assist in determining -
(i) whether the child is a child with a disability; and
(ii) the content of the child's individualized education
program, including information related to enabling the child
to be involved in and progress in the general education
curriculum, or, for preschool children, to participate in
appropriate activities;
(B) not use any single measure or assessment as the sole
criterion for determining whether a child is a child with a
disability or determining an appropriate educational program
for the child; and
(C) use technically sound instruments that may assess the
relative contribution of cognitive and behavioral factors, in
addition to physical or developmental factors.
(3) Additional requirements
Each local educational agency shall ensure that -
(A) assessments and other evaluation materials used to assess
a child under this section -
(i) are selected and administered so as not to be
discriminatory on a racial or cultural basis;
(ii) are provided and administered in the language and form
most likely to yield accurate information on what the child
knows and can do academically, developmentally, and
functionally, unless it is not feasible to so provide or
administer;
(iii) are used for purposes for which the assessments or
measures are valid and reliable;
(iv) are administered by trained and knowledgeable
personnel; and
(v) are administered in accordance with any instructions
provided by the producer of such assessments;
(B) the child is assessed in all areas of suspected
disability;
(C) assessment tools and strategies that provide relevant
information that directly assists persons in determining the
educational needs of the child are provided; and
(D) assessments of children with disabilities who transfer
from 1 school district to another school district in the same
academic year are coordinated with such children's prior and
subsequent schools, as necessary and as expeditiously as
possible, to ensure prompt completion of full evaluations.
(4) Determination of eligibility and educational need
Upon completion of the administration of assessments and other
evaluation measures -
(A) the determination of whether the child is a child with a
disability as defined in section 1401(3) of this title and the
educational needs of the child shall be made by a team of
qualified professionals and the parent of the child in
accordance with paragraph (5); and
(B) a copy of the evaluation report and the documentation of
determination of eligibility shall be given to the parent.
(5) Special rule for eligibility determination
In making a determination of eligibility under paragraph
(4)(A), a child shall not be determined to be a child with a
disability if the determinant factor for such determination is -
(A) lack of appropriate instruction in reading, including in
the essential components of reading instruction (as defined in
section 6368(3) of this title);
(B) lack of instruction in math; or
(C) limited English proficiency.
(6) Specific learning disabilities
(A) In general
Notwithstanding section 1406(b) of this title, when
determining whether a child has a specific learning disability
as defined in section 1401 of this title, a local educational
agency shall not be required to take into consideration whether
a child has a severe discrepancy between achievement and
intellectual ability in oral expression, listening
comprehension, written expression, basic reading skill, reading
comprehension, mathematical calculation, or mathematical
reasoning.
(B) Additional authority
In determining whether a child has a specific learning
disability, a local educational agency may use a process that
determines if the child responds to scientific, research-based
intervention as a part of the evaluation procedures described
in paragraphs (2) and (3).
(c) Additional requirements for evaluation and reevaluations
(1) Review of existing evaluation data
As part of an initial evaluation (if appropriate) and as part
of any reevaluation under this section, the IEP Team and other
qualified professionals, as appropriate, shall -
(A) review existing evaluation data on the child, including -

(i) evaluations and information provided by the parents of
the child;
(ii) current classroom-based, local, or State assessments,
and classroom-based observations; and
(iii) observations by teachers and related services
providers; and
(B) on the basis of that review, and input from the child's
parents, identify what additional data, if any, are needed to
determine -
(i) whether the child is a child with a disability as
defined in section 1401(3) of this title, and the educational
needs of the child, or, in case of a reevaluation of a child,
whether the child continues to have such a disability and
such educational needs;
(ii) the present levels of academic achievement and related
developmental needs of the child;
(iii) whether the child needs special education and related
services, or in the case of a reevaluation of a child,
whether the child continues to need special education and
related services; and
(iv) whether any additions or modifications to the special
education and related services are needed to enable the child
to meet the measurable annual goals set out in the
individualized education program of the child and to
participate, as appropriate, in the general education
curriculum.
(2) Source of data
The local educational agency shall administer such assessments
and other evaluation measures as may be needed to produce the
data identified by the IEP Team under paragraph (1)(B).
(3) Parental consent
Each local educational agency shall obtain informed parental
consent, in accordance with subsection (a)(1)(D), prior to
conducting any reevaluation of a child with a disability, except
that such informed parental consent need not be obtained if the
local educational agency can demonstrate that it had taken
reasonable measures to obtain such consent and the child's parent
has failed to respond.
(4) Requirements if additional data are not needed
If the IEP Team and other qualified professionals, as
appropriate, determine that no additional data are needed to
determine whether the child continues to be a child with a
disability and to determine the child's educational needs, the
local educational agency -
(A) shall notify the child's parents of -
(i) that determination and the reasons for the
determination; and
(ii) the right of such parents to request an assessment to
determine whether the child continues to be a child with a
disability and to determine the child's educational needs;
and
(B) shall not be required to conduct such an assessment
unless requested to by the child's parents.
(5) Evaluations before change in eligibility
(A) In general
Except as provided in subparagraph (B), a local educational
agency shall evaluate a child with a disability in accordance
with this section before determining that the child is no
longer a child with a disability.
(B) Exception
(i) In general
The evaluation described in subparagraph (A) shall not be
required before the termination of a child's eligibility
under this subchapter due to graduation from secondary school
with a regular diploma, or due to exceeding the age
eligibility for a free appropriate public education under
State law.
(ii) Summary of performance
For a child whose eligibility under this subchapter
terminates under circumstances described in clause (i), a
local educational agency shall provide the child with a
summary of the child's academic achievement and functional
performance, which shall include recommendations on how to
assist the child in meeting the child's postsecondary goals.
(d) Individualized education programs
(1) Definitions
In this chapter:
(A) Individualized education program
(i) In general
The term "individualized education program" or "IEP" means
a written statement for each child with a disability that is
developed, reviewed, and revised in accordance with this
section and that includes -
(I) a statement of the child's present levels of academic
achievement and functional performance, including -
(aa) how the child's disability affects the child's
involvement and progress in the general education
curriculum;
(bb) for preschool children, as appropriate, how the
disability affects the child's participation in
appropriate activities; and
(cc) for children with disabilities who take alternate
assessments aligned to alternate achievement standards, a
description of benchmarks or short-term objectives;
(II) a statement of measurable annual goals, including
academic and functional goals, designed to -
(aa) meet the child's needs that result from the
child's disability to enable the child to be involved in
and make progress in the general education curriculum;
and
(bb) meet each of the child's other educational needs
that result from the child's disability;
(III) a description of how the child's progress toward
meeting the annual goals described in subclause (II) will
be measured and when periodic reports on the progress the
child is making toward meeting the annual goals (such as
through the use of quarterly or other periodic reports,
concurrent with the issuance of report cards) will be
provided;
(IV) a statement of the special education and related
services and supplementary aids and services, based on peer-
reviewed research to the extent practicable, to be
provided to the child, or on behalf of the child, and a
statement of the program modifications or supports for
school personnel that will be provided for the child -
(aa) to advance appropriately toward attaining the
annual goals;
(bb) to be involved in and make progress in the general
education curriculum in accordance with subclause (I) and
to participate in extracurricular and other nonacademic
activities; and
(cc) to be educated and participate with other children
with disabilities and nondisabled children in the
activities described in this subparagraph;
(V) an explanation of the extent, if any, to which the
child will not participate with nondisabled children in the
regular class and in the activities described in subclause
(IV)(cc);
(VI)(aa) a statement of any individual appropriate
accommodations that are necessary to measure the academic
achievement and functional performance of the child on
State and districtwide assessments consistent with section
1412(a)(16)(A) of this title; and
(bb) if the IEP Team determines that the child shall take
an alternate assessment on a particular State or
districtwide assessment of student achievement, a statement
of why -
(AA) the child cannot participate in the regular
assessment; and
(BB) the particular alternate assessment selected is
appropriate for the child;
(VII) the projected date for the beginning of the
services and modifications described in subclause (IV), and
the anticipated frequency, location, and duration of those
services and modifications; and
(VIII) beginning not later than the first IEP to be in
effect when the child is 16, and updated annually
thereafter -
(aa) appropriate measurable postsecondary goals based
upon age appropriate transition assessments related to
training, education, employment, and, where appropriate,
independent living skills;
(bb) the transition services (including courses of
study) needed to assist the child in reaching those
goals; and
(cc) beginning not later than 1 year before the child
reaches the age of majority under State law, a statement
that the child has been informed of the child's rights
under this chapter, if any, that will transfer to the
child on reaching the age of majority under section
1415(m) of this title.
(ii) Rule of construction
Nothing in this section shall be construed to require -
(I) that additional information be included in a child's
IEP beyond what is explicitly required in this section; and
(II) the IEP Team to include information under 1
component of a child's IEP that is already contained under
another component of such IEP.
(B) Individualized education program team
The term "individualized education program team" or "IEP
Team" means a group of individuals composed of -
(i) the parents of a child with a disability;
(ii) not less than 1 regular education teacher of such
child (if the child is, or may be, participating in the
regular education environment);
(iii) not less than 1 special education teacher, or where
appropriate, not less than 1 special education provider of
such child;
(iv) a representative of the local educational agency who -

(I) is qualified to provide, or supervise the provision
of, specially designed instruction to meet the unique needs
of children with disabilities;
(II) is knowledgeable about the general education
curriculum; and
(III) is knowledgeable about the availability of
resources of the local educational agency;
(v) an individual who can interpret the instructional
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 expertise regarding
the child, including related services personnel as
appropriate; and
(vii) whenever appropriate, the child with a disability.
(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 development 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
subchapter III, an invitation to the initial IEP meeting shall,
at the request of the parent, be sent to the subchapter III
service coordinator or other representatives of the subchapter
III 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
individualized family service plan that contains the material
described in section 1436 of this title, and that is developed
in accordance 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 -
(i) consistent with State policy; and
(ii) agreed to by the agency and the child's parents.
(C) Program for children who transfer school districts
(i) In general
(I) Transfer within the same State
In the case of a child with a disability who transfers
school districts within the same academic year, who enrolls
in a new school, and who had an IEP that was in effect in
the same State, the local educational agency shall provide
such child with a free appropriate public education,
including services comparable to those described in the
previously held IEP, in consultation with the parents until
such time as the local educational agency adopts the
previously held IEP or develops, adopts, and implements a
new IEP that is consistent with Federal and State law.
(II) Transfer outside State
In the case of a child with a disability who transfers
school districts within the same academic year, who enrolls
in a new school, and who had an IEP that was in effect in
another State, the local educational agency shall provide
such child with a free appropriate public education,
including services comparable to those described in the
previously held IEP, in consultation with the parents until
such time as the local educational agency conducts an
evaluation pursuant to subsection (a)(1), if determined to
be necessary by such agency, and develops a new IEP, if
appropriate, that is consistent with Federal and State law.
(ii) Transmittal of records
To facilitate the transition for a child described in
clause (i) -
(I) the new school in which the child enrolls shall take
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 school in
which the child was enrolled, pursuant to section
99.31(a)(2) of title 34, Code of Federal Regulations; and
(II) the previous school in which the child was enrolled
shall take reasonable steps to promptly respond to such
request from the new school.
(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;
(ii) the concerns of the parents for enhancing the
education of their child;
(iii) the results of the initial evaluation or most recent
evaluation of the child; and
(iv) the academic, developmental, and functional needs of
the child.
(B) Consideration of special factors
The IEP Team shall -
(i) in the case of a child whose behavior impedes the
child's learning or that of others, consider the use of
positive behavioral interventions and supports, and other
strategies, 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 needs assistive technology
devices and services.
(C) Requirement with respect to regular education teacher
A 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 of the child, including the
determination of appropriate positive behavioral interventions
and supports, and other strategies, and the determination of
supplementary aids and services, program modifications, and
support for school personnel consistent with paragraph
(1)(A)(i)(IV).
(D) Agreement
In making changes to a child's IEP after the annual IEP
meeting for a school year, the parent of a child with a
disability and the local educational agency may agree not to
convene an IEP meeting for the purposes of making such changes,
and instead may develop a written document to amend or modify
the child's current IEP.
(E) Consolidation of IEP Team meetings
To the extent possible, the local educational agency shall
encourage the consolidation of reevaluation meetings for the
child and other IEP Team meetings for the child.
(F) Amendments
Changes to the IEP may be made either by the entire IEP Team
or, as provided in subparagraph (D), by amending the IEP rather
than by redrafting the entire IEP. Upon request, a parent shall
be provided with a revised copy of the IEP with the amendments
incorporated.
(4) Review and revision of IEP
(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 curriculum, 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 education teacher
A regular education teacher of the child, as a member of the
IEP Team, shall, consistent with paragraph (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 participate in the program under this
paragraph shall submit a proposal to the Secretary at such
time and in such manner as the Secretary may reasonably
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 education
curriculum and that will meet the child's other needs
that result from the child's disability; and
(BB) measurable annual goals for determining progress
toward meeting the goals described in subitem (AA); and
(dd) a description of the process for the review and
revision of each multi-year IEP, including -
(AA) a review by the IEP Team of the child's multi-
year IEP at each of the child's natural transition
points;
(BB) in years other than a child's natural transition
points, an annual review of the child's IEP to
determine the child's current levels of progress and
whether the annual goals for the child are being
achieved, and a requirement to amend the IEP, as
appropriate, to enable the child to continue to meet
the measurable goals set out in the IEP;
(CC) if the IEP Team determines on the basis of a
review that the child is not making sufficient progress
toward the goals described in the multi-year IEP, a
requirement that the local educational agency shall
ensure that the IEP Team carries out a more thorough
review of the IEP in accordance with paragraph (4)
within 30 calendar days; and
(DD) at the request of the parent, a requirement that
the IEP Team shall conduct a review of the child's
multi-year IEP rather than or subsequent to an annual
review.
(B) Report
Beginning 2 years after December 3, 2004, the Secretary shall
submit an annual report to the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate regarding
the effectiveness of the program under this paragraph and any
specific recommendations for broader implementation of such
program, including -
(i) reducing -
(I) the paperwork burden on teachers, principals,
administrators, and related service providers; and
(II) noninstructional time spent by teachers in complying
with this subchapter;
(ii) enhancing longer-term educational planning;
(iii) improving positive outcomes for children with
disabilities;
(iv) promoting collaboration between IEP Team members; and
(v) ensuring satisfaction of family members.
(C) Definition
In this paragraph, the term "natural transition points" means
those periods that are close in time to the transition of a
child with a disability from preschool to elementary grades,
from elementary grades to middle or junior high school grades,
from middle or junior high school grades to secondary school
grades, and from secondary school grades to post-secondary
activities, but in no case a period longer than 3 years.
(6) Failure to meet transition objectives
If a participating agency, other than the local educational
agency, fails to provide the transition services described in the
IEP in accordance with paragraph (1)(A)(i)(VIII), the local
educational agency shall reconvene the IEP Team to identify
alternative strategies to meet the transition objectives for the
child set out in the IEP.
(7) Children with disabilities in adult prisons
(A) In general
The following requirements shall not apply to children with
disabilities who are convicted as adults under State law and
incarcerated in adult prisons:
(i) The requirements contained in section 1412(a)(16) of
this title and paragraph (1)(A)(i)(VI) (relating to
participation of children with disabilities in general
assessments).
(ii) The requirements of items (aa) and (bb) of paragraph
(1)(A)(i)(VIII) (relating to transition planning and
transition services), do not apply with respect to such
children whose eligibility under this subchapter will end,
because of such children's age, before such children will be
released from prison.
(B) Additional requirement
If a child with a disability is convicted as an adult under
State law and incarcerated in an adult prison, the child's IEP
Team may modify the child's IEP or placement notwithstanding
the requirements of sections (!1) 1412(a)(5)(A) of this title
and paragraph (1)(A) if the State has demonstrated a bona fide
security or compelling penological interest that cannot
otherwise be accommodated.
(e) Educational placements
Each local educational agency or State educational agency shall
ensure that the parents of each child with a disability are members
of any group that makes decisions on the educational placement of
their child.
(f) Alternative means of meeting participation
When conducting IEP team (!2) meetings and placement meetings
pursuant to this section, section 1415(e) of this title, and
section 1415(f)(1)(B) of this title, and carrying out
administrative matters under section 1415 of this title (such as
scheduling, exchange of witness lists, and status conferences), the
parent of a child with a disability and a local educational agency
may agree to use alternative means of meeting participation, such
as video conferences and conference calls.