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U.S. Department of Education: Promoting Educational Excellence for all Americans

Individualized education programs (IEP) (Sec. 300.112)

Comment: One commenter objected to including the reference to Sec. 300.300(b)(3)(ii) in Sec. 300.112, stating that it is not necessary to ensure compliance with the requirement for an IEP or IFSP to be developed, reviewed, and revised for each child with a disability.

Discussion: Section 300.300(b)(3)(ii) states that if a parent refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the public agency is not required to convene an IEP meeting or develop an IEP for the child. It is necessary to include this reference in Sec. 300.112 to clarify the circumstances under which a public agency is not required to develop an IEP for an eligible child with a disability.

Changes: None.