(1) All decisions of an individual planning team must be made by consensus.

(2) If an individual planning team does not have consensus on a matter, the team must adjourn for no more than 5 working days, to allow time for possible resolution of the matter at issue.

(3) A team member who disagrees with the plan or wishes to comment on a matter in the plan, must notify the case manager in writing within 5 working days of receipt of the plan or modification to the plan.

(4) The case manager must schedule an individual planning meeting within 5 working days of receiving written notice that a team member disagrees with the plan or a modification to the plan.

(5) At the individual planning meeting held to reconsider a matter upon which there is disagreement, if a consensus is not reached, the unresolved issues must be clearly stated in the meeting summary. The written summary is sent to each team member.

(6) Each individual planning team member who wishes to express a view point about issues upon which there is disagreement must submit the reasons for agreement or disagreement in writing to the case manager. The case manager must send a cover letter outlining the issues to the regional manager within 10 working days of the previous individual planning meeting. The meeting summary and any written materials submitted by team members are to accompany the letter.

(7) The regional manager, within 10 days of the receipt of a letter from a case manager relating to an appeal, reviews the matter at issue, and after consideration of the meeting summary and any written materials submitted by team members, arrives at a decision in the matter.

(8) If any individual planning team member is dissatisfied with the decision of the regional manager, the team member must notify the case manager in writing within 5 working days of receipt of the regional manager's decision. The case manager must refer the appeal immediately to the individual planning appeal committee as provided in ARM 37.34.1115(3) .

(9) In cases where an appeal occurs involving an individual who is currently enrolled in public school, the following procedures apply:

(a) if the appeal arises in a situation where a team member is appealing an issue which impacts an individualized education program (IEP) , federal and state authorities governing the IEP process shall have precedence over the appeal process in this rule;

(b) if the appeal arises in a situation where a team member is appealing an issue which does not concern the IEP, the appeal process in this rule shall apply.

(10) The decision of the individual planning appeal committee is the final administrative decision of the department.