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Title 4 . Education and Early Development
Chapter 52 . (Repealed)
Section 140. Individualized education program

4 AAC 52.140. Individualized education program

(a) Each district shall initiate and conduct an individualized education program (IEP) team meeting to develop, review, and revise a written IEP for each child who is eligible for services under 4 AAC 52.130 and AS 14.30.186 .

(b) An IEP must be developed

(1) through an IEP team process that meets the requirements of 34 C.F.R. 300.340 - 300.350, as revised as of May 11, 1999;

(2) no later than 30 days after determination of eligibility for special education services;

(3) by the IEP team for each child's initial IEP, and the team shall conduct each review and revision of an IEP, in strict conformance with the content standards and process requirements of 34 C.F.R. 300.346 - 300.347, as revised as of May 11, 1999.

(c) An initial IEP must be developed before a child's third birthday and be implemented on the child's third birthday, unless the birthday occurs during scheduled school vacation, in which case the IEP team shall determine when services must be initiated, if the child is served by an infant learning program under AS 47.20.070 and is determined by the district to qualify as a child with disabilities under this chapter.

(d) An IEP team must review, and revise if necessary, each IEP on an annual basis or more frequently if conditions warrant. An IEP may be developed or revised only by an IEP team. If an eligible child 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 if the district demonstrates a security or compelling penological interest that cannot otherwise be accommodated.

(e) If a child with a disability who requires special education and related services is placed outside of the child's resident district by the district, in accordance with the placement requirements of 4 AAC 52.150, it is the resident district's responsibility to assure that an IEP for that child is developed and implemented.

(f) For the purposes of this section, 34 C.F.R. 300.340 - 300.350, as revised as of May 11, 1999, is adopted by reference.

History: Eff. 7/1/83, Register 86; am 7/16/89, Register 111; am 11/26/93, Register 128; am 8/22/2001, Register 159

Authority: AS 14.07.060

AS 14.30.278

AS 14.30.335


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Last modified 7/05/2006