Content of IEPs
Some requirements for the
contents of IEPs changed. Others remained the same.
Present Levels of
Performance. In IDEA 97, IEPs were required to
include “a statement of the child’s present levels of
educational performance…”
Under IDEA 2004, the child’s IEP must include “a statement
of the child’s present levels of academic
achievement and functional performance …”
Present levels of academic achievement and functional
performance are objective data from assessments.
Annual Goals.
Under IDEA 97, IEPs were required to include a “statement of
measurable annual goals, including benchmarks or short-term
objectives.” IDEA 2004 eliminated the requirements for
“benchmarks and short-term objectives” in IEPs - except that
the IEPs of children who take alternate assessments must
include “a description of benchmarks or short-term
objectives.”
IDEA 2004 added new language about “academic and
functional goals.” IEPs must now include “a statement of
measurable annual goals, including academic and
functional goals …”
Educational Progress.
IDEA 97 required IEPs to include a statement about how the
child’s progress toward the annual goals would be measured,
how the child’s parents would be regularly informed about
“their child’s progress toward the annual goals,” and
whether the child’s progress was sufficient.
In IDEA 2004, the child’s IEP must include “a description of
how the child’s progress toward meeting the annual
goals…will be measured and when periodic reports on
the progress the child is making toward meeting the
annual goals (such as through the use of quarterly or
other periodic reports, concurrent with the issuance of
report cards) will be provided.”
Special Education and
Related Services. IDEA 2004 includes important new
language about research-based instruction.
The child’s IEP must include “a statement of the special
education and related services and supplementary aids and
services, based on peer-reviewed research to the
extent practicable, to be provided to the child … and a
statement of the program modifications or supports for
school personnel …”
Accommodations and
Alternate Assessments. IDEA 2004 contains new
language about “individual appropriate accommodations”
on state and district testing and new requirements for
alternate assessments.
The child’s IEP must include:
"…a statement of any individual appropriate
accommodations that are necessary to measure the
academic achievement and functional performance of the
child on State and districtwide assessments…"
" …if the IEP Team determines that the child shall take an
alternate assessment on a particular State or
districtwide assessment of student achievement, a
statement of why
(AA) the child cannot participate in the regular
assessment; and
(BB) the particular alternate assessment selected is
appropriate for the child…"
Transition.
Congress made extensive changes to the legal requirements
for transition. IDEA 97 required “a statement of transition
services needs” (beginning at age 14) and “a statement of
needed transition services for the child” (beginning at age
16). The statement of transition services needs at age 14
was eliminated.
Under IDEA 2004, the first IEP after the child is 16
(and updated annually) must include:
"…appropriate measurable postsecondary goals based
upon age appropriate transition assessments related to
training, education, employment, and, where
appropriate, independent living skills … and the
transition services (including courses of study) needed
to assist the child in reaching these goals. (Section
1414(d)(1)(A))
When Members May Be Excused
from IEP Meetings
A member of the IEP team may be
excused from attending an IEP meeting if the member’s
area of curriculum or service will not be discussed or
modified and if the parent and school agree.
A member of the IEP team may also be excused if the member’s
area of curriculum or service will be discussed or
modified, if the member submits a
written report to the parent and the IEP team in
advance, and if the parent provides written
consent. (Section 1414(d)(1)(C))
Developing the IEP
In developing the
IEP, the IEP team shall consider:
· the child’s strengths
· the parent’s concerns for enhancing the child’s
education
· the results of the initial evaluation or
most recent evaluation
· the child’s academic, developmental, and functional
needs (Section 1414(d)(3)(A))
The IEP team shall consider
special factors for children:
· whose behavior impedes learning
· who have limited English proficiency
· who are blind or visually impaired
· who are deaf or hard of hearing (Section
1414(d)(3)(B))
Educational Placements
The law about educational
placements is in Section 1414(e). Parents are members of the
team that decides the child’s placement. The decision
about placement cannot be made until after the IEP
team, which includes the parent, reaches
consensus about the child’s needs, program, and goals.
Although the law is clear on
this issue, the child’s “label” often drives decisions about
services and placement, leading school personnel to
determine the child’s placement before the IEP meeting.
These unilateral actions prevent parents from “meaningful
participation” in educational decision-making for their
child. When Congress added this provision to the law in
1997, they sent a message to school officials that
unilateral placement decisions are illegal.
Reviewing and Revising the
IEP
The IEP must be reviewed at
least once a year to determine if the child is achieving
the annual goals. The IEP team must revise the IEP to
address:
· any lack of expected progress
· results of any reevaluation
· information provided by the parents
· anticipated needs (Section 1414(d)(4)(A))
Revising IEP by Agreement,
Without an IEP Meeting
IDEA 2004 changed the process
by which IEPs can be amended or modified. If the parent and
school agree to amend or modify the IEP, they may
revise the IEP by agreement without convening an IEP
meeting.
The team must create a written document that describes
the changes or modifications in the IEP and note that,
by agreement of the parties, an IEP meeting was not held.
(Section 1414(d)(3)(D))
Alternative Ways to
Participate in Meetings
School meetings do not have to
be face-to-face. IEP and placement meetings, mediation
meetings, and due process (IEP) resolution sessions may be
convened by conference calls or videoconferences.
(Section 1414(f))
In-State and Out-of State
Transfers
If a child transfers to a
district in the same state, the receiving school must
provide comparable services to those in the sending
district’s IEP until they develop and implement a new IEP.
If a child transfers to another state, the receiving
district must provide comparable services to those in the
sending district’s IEP until they complete an evaluation and
create a new IEP. (Section 1414(d)(2)(C))
Multi-Year IEPs
Fifteen states may request approval to implement optional
“comprehensive, multi-year IEPs” for periods of no longer
than three years. IEP review dates must be based on “natural
transition points.”
Parents have the right to opt-out of this program.
The parent of a child served under a multi-year IEP can
request a review of the IEP without waiting for the “natural
transition point.” (Section 1414(d)(5))
