(1) As used in this section: (a) 504 Plan means an education plan developed for a student in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. (b) School district employee includes all school district employees, including classified and licensed employees regardless of job title or position description. (c) Students with specialized needs includes students who have an individualized education program, a 504 Plan or a behavior intervention plan or who otherwise have specialized educational needs. (2)(a) Subject to federal laws related to the confidentiality of educational or health records, all school district employees assigned to work with a student with specialized needs to assist the student with the educational, behavioral, medical, health or disability-related support needs of the student must: (A) Have access to the individualized education program, 504 Plan, behavior intervention plan, medical support protocols or any other documentation related to the school district employees responsibilities to assist with the students educational, behavioral, medical, health or disability-related support needs. (B) Be consulted with when the education plan for the student is being developed, reviewed or revised, including being invited to, and compensated for attending, meetings regarding: (i) The students individualized education program, 504 Plan or behavior intervention plan; or (ii) The student, when the decisions made and issues discussed are related to the responsibilities of the school district employee to support the student or when the school district employee has unique information about the students needs and present level of performance. (b) For the purpose of paragraph (a) of this subsection, a school district employee attending a meeting may not substitute for the participation of a licensed regular education teacher. (3) All school district employees assigned to work with a student with specialized needs to carry out duties related to the implementation of an individualized education program, 504 Plan, behavior intervention plan or medical support protocol must be provided by the school district with adequate training to safely carry out each of the specialized duties assigned to the school district employee.
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