[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1308.19]

[Page 169-170]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1308_HEAD START PROGRAM PERFORMANCE STANDARDS ON SERVICES FOR 
CHILDREN WITH DISABILITIES--Table of Contents
 
           Subpart E_Education Services Performance Standards
 
Sec. 1308.19  Developing individualized education programs (IEPs)


    (a) When Head Start provides for the evaluation, the 
multidisciplinary evaluation team makes the determination whether the 
child meets the Head Start eligibility criteria. The multidisciplinary 
evaluation team must assure that the evaluation findings and 
recommendations, as well as information from developmental assessment, 
observations and parent reports, are considered in making the 
determination whether the child meets Head Start eligibility criteria.
    (b) Every child receiving services in Head Start who has been 
evaluated and found to have a disability and in need of special 
education must have an IEP before special education and related services 
are provided to ensure that comprehensive information is used to develop 
the child's program.
    (c) When the LEA develops the IEP, a representative from Head Start 
must attempt to participate in the IEP meeting and placement decision 
for any child meeting Head Start eligibility requirements.
    (d) If Head Start develops the IEP, the IEP must take into account 
the child's unique needs, strengths, developmental potential and the 
family strengths and circumstances as well as the child's disabilities.
    (e) The IEP must include:
    (1) A statement of the child's present level of functioning in the 
social-emotional, motor, communication, self-help, and cognitive areas 
of development, and the identification of needs in those areas requiring 
specific programming.
    (2) A statement of annual goals, including short term objectives for 
meeting these goals.
    (3) A statement of services to be provided by each Head Start 
component that are in addition to those services provided for all Head 
Start children, including transition services.
    (4) A statement of the specific special education services to be 
provided to the child and those related services necessary for the child 
to participate in a Head Start program. This includes services provided 
by Head Start and services provided by other agencies and non-Head Start 
professionals.
    (5) The identification of the personnel responsible for the planning 
and supervision of services and for the delivery of services.
    (6) The projected dates for initiation of services and the 
anticipated duration of services.
    (7) A statement of objective criteria and evaluation procedures for 
determining at least annually whether the short-term objectives are 
being achieved or need to be revised.

[[Page 170]]

    (8) Family goals and objectives related to the child's disabilities 
when they are essential to the child's progress.
    (f) When Head Start develops the IEP, the team must include:
    (1) The Head Start disabilities coordinator or a representative who 
is qualified to provide or supervise the provision of special education 
services;
    (2) The child's teacher or home visitor;
    (3) One or both of the child's parents or guardians; and
    (4) At least one of the professional members of the 
multidisciplinary team which evaluated the child.
    (g) An LEA representative must be invited in writing if Head Start 
is initiating the request for a meeting.
    (h) The grantee may also invite other individuals at the request of 
the parents and other individuals at the discretion of the Head Start 
program, including those component staff particularly involved due to 
the nature of the child's disability.
    (i) A meeting must be held at a time convenient for the parents and 
staff to develop the IEP within 30 calendar days of a determination that 
the child needs special education and related services. Services must 
begin as soon as possible after the development of the IEP.
    (j) Grantees and their delegates must make vigorous efforts to 
involve parents in the IEP process. The grantee must:
    (1) Notify parents in writing and, if necessary, also verbally or by 
other appropriate means of the purpose, attendees, time and location of 
the IEP meeting far enough in advance so that there is opportunity for 
them to participate;
    (2) Make every effort to assure that the parents understand the 
purpose and proceedings and that they are encouraged to provide 
information about their child and their desires for the child's program;
    (3) Provide interpreters, if needed, and offer the parents a copy of 
the IEP in the parents' language of understanding after it has been 
signed;
    (4) Hold the meeting without the parents only if neither parent can 
attend, after repeated attempts to establish a date or facilitate their 
participation. In that case, document its efforts to secure the parents' 
participation, through records of phone calls, letters in the parents' 
native language or visits to parents' homes or places of work, along 
with any responses or results; and arrange an opportunity to meet with 
the parents to review the results of the meeting and secure their input 
and signature.
    (k) Grantees must initiate the implementation of the IEP as soon as 
possible after the IEP meeting by modifying the child's program in 
accordance with the IEP and arranging for the provision of related 
services. If a child enters Head Start with an IEP completed within two 
months prior to entry, services must begin within the first two weeks of 
program attendance.