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Organizing Your Child's Special Education File

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Do the hard jobs first. The easy jobs will take care of themselves. - Dale Carnegie.

Note: We have a YouTube video about Organization of the File. For that and other Wrightslaw YouTube videos, go to the "Wrightslaw YouTube Channel" at: www.youtube.com/user/wrightslaw or click on the embedded link in the image and go "Full Screen."

The special education system generates mountains of paper. Some information is important so you are afraid to throw anything away. The mountain of paper grows higher every year. What do you do with it? How do you organize this information?

You need a simple, foolproof document management system. In this article, you will learn how to organize your child's file. After you organize the information about your child into a file, you will have a clearer understanding of your child's disability and needs.

Document Management Systems

Think about the last school meeting. Did the IEP team members have a complete copy of your child's file? Did you have a complete copy of your child's file? How can the IEP team make decisions about your child's special education program if they do not have complete, accurate information about your child?

Schools keep records in different places. Information and reports are misplaced. When you organize your child's file, you will have all the information about your child in one place. With our document management system, you can track your child's educational history. When you use this parent-tested system, you can quickly locate any document in your child's file.

When you take your organized file to the next school meeting, you will understand the power of getting organized. You will gain a sense of control.

Gather Information About Your Child

Follow these steps to get information about your child.

Make a list of all individuals and agencies that may have information or records about your child. Your list should include the names and titles of all professionals who have provided medical or mental health treatment services, including doctors, therapists, and other health care providers.

Include their addresses, telephone and fax numbers, and email addresses. You may want to develop your list by category of service rendered, e.g., medical, educational, psychological evaluations.

Send a letter to all individuals and agencies on your list and request a copy of your child's records. Explain that your request relates to a school issue and the need to secure an appropriate education for your child. Ask if you should expect to pay a photocopying fee and what this fee will be. Your letters should be neat and convey a professional image.

See Chapter 23 in Wrightslaw: From Emotions to Advocacy for sample letters to request information and records

If you do not receive a response within ten days, send a short letter explaining that you requested information ten days ago and have not received a response. Attach a copy of your original letter to the second request letter. Ask if you can do anything to help expedite the request. Offer to visit the office to help copy the information. Be polite.

Request Your Child's Educational Records

Write a letter to the school and request a complete copy of your child's entire cumulative file and confidential file, omitting nothing. You want copies of all evaluations, records, correspondence, and other documents the school has about your child. Use a word processor for your letter. Expect to pay a reasonable photocopying fee.

See more sample letters at the end of Chapters 23 and 24 in Wrightslaw: From Emotions to Advocacy.

Send one letter to the principal of your child's school and one letter to the director of special education. If you do not know the director's name and address, call the main office of the school district and request this information. If your child does not attend a public school, send the letter to the principal of the last public school your child attended.

Before you mail these letters, sign them and make copies of the signed letters for your Master File. Log the letters into your contact log.

Organize the Master File

You will organize and file all information about your child in a large binder. Gather all documents that relate to your child. Bring all paper in boxes, file folders, and bags together in one place. Begin by organizing the documents by year.

With a pencil, lightly write the date of each document in the lower right corner of the first page (Example: 05/09/12).

Before long, mail will roll in from your requests. Using a pencil, lightly date each document in the lower right hand corner. Date everything- evaluations, reports, correspondence, report cards, and medical reports.

When you find duplicate documents, compare the duplicates, decide which document has the best photocopy quality, and use this as your master. Put the duplicates in a box. You will not need them for your notebook. Do not throw them away. You may need to provide copies to other people later.

Do not stop to read the documents. Many parents say that when they organize documents, they begin to read and are sidetracked. Force yourself to stick with this job until you finish. Just date and organize! Lightly pencil the date on the bottom right corner of the first page.

Step 2: File All Documents in a large Binder

File all dated documents in a large binder. Sometimes you might have two or three binders. When documents are formatted horizontally, date and place them in a portrait vertical style.

File all documents in chronological order, oldest document on top and newest document at the end. Some parents use the child's birth certificate as the first document in the file. The last document is the most recent piece of information. This may be a report card, IEP, or letter from the school.

Do not file documents by category (i.e., IEPs, psychological evaluations, correspondence, etc.). If you file documents by category, your system will fail. Assume you have a comprehensive letter written by a child psychologist three years ago. The Eligibility Committee and the IEP team used the psychologist's letter. Is this document a letter? A report? An evaluation?

If your system is confusing and difficult, it will fail. Trying to figure out categories is confusing and time-consuming. Use our parent-tested system. You have better things to do with your time!

Step 3: Read the Master File for the "Big Picture"

After you complete Step 2, read your child's Master File from beginning to end. When you read the information chronologically, you will see the big picture

At the beginning of this article, I mentioned the mountains of paper generated by the special education system. After reports are written, they are filed away. Few people will read or review this information again.

Because there is no master plan, no one looks at the big picture.

Instead of looking at the forest, parents and school staff focus on the bark of the trees. When you organize your child's file, you will see the forest. You will understand. Many parents say that making a neat, organized, chronological Master File is a powerful educational experience.

Create Your Document List

You have dated the documents and filed them in chronological order, oldest document on top, most recent on the bottom. Now you need to create your Master Document List. When you organize documents chronologically and generate your Master Document List, you can compress your child's history into a few pages. You can locate any document in seconds.

To create your Master Document List, make a table with four columns. If you are using a word processing program, insert a four-column table.

Label the columns: Date, Author, Type, and Significance.

Enter each document by date, author, and type. You can leave the "Significance" column blank for now. When you use a word processing program, you can change the font to highlight test data and other important information. This makes it easier to find important information.

Download Sample Document List in pdf.

Attach sticky notes to all pages in your Master File that have test scores (i.e., the Wechsler Intelligence Test and Woodcock Johnson Tests.)

Download a Master Document List with information.

When you organize your child's file, you will learn about your child's disability and educational history. This is an important step in becoming an expert. When you finish this job, you will have a clearer understanding of your child's educational needs.

You do not need to complete the "Significance" column yet. When you learn more about evaluations and test scores, you will recognize important information in documents.

See how a Master Document List is used to create an Exhibit List for a due process hearing.

As you organize your child's file, you will learn about your child's disability and educational history. You will have a clearer understanding of your child's academic and functional needs. After you create your Master Document List, you will be able to find a specific document quickly and easily. These are important steps in becoming an effective advocate for your child.

The Paper Chase: Managing Your Child's Documents Under the IDEA by Bob Crabtree, Esq. If you have kids with special educational needs, you can be overwhelmed by paperwork in no time. This article teaches you about the importance of different documents and how to organize them. You learn about documents that are keepers; education records; documents you should create and how; tips for consulting with an attorney.

Paper Trails: Documents, Exhibit Lists and Due Process Hearings by Pete Wright. This is one of several articles about documents that was published in the Fall 2001 issue of The Beacon.

Paper Trails, Letter Writing and Documentation . When you advocate for a child, you use logs, calendars, and journals to create paper trails.

Revised: 11/10/16
Created: 07/21/08

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prior written notice procedural safeguards

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iep autism adhd needs learning disabilities advocacy 504 resources add dyslexia needs no child left behind act regulations services nclb idea ld wrightslaw

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Organizing Your Child's Special Education File: Do It Right! - Wrightslaw

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Do the hard jobs first. The easy jobs will take care of themselves. - Dale Carnegie. Note: We have a YouTube video about Organization of the File. For that and other Wrightslaw YouTube videos, go to the "Wrightslaw YouTube Channel" at: www.youtube.com/user/wrightslaw or click on the embedded link in the image and go "Full Screen."

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Lawrence M. Siegel - Nolo's IEP Guide_ Learning Disabilities-NOLO (2005)

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Lawrence M. Siegel - The Complete IEP Guide_ How to Advocate for Your Special Ed Child 5th Edition (2007)

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Remember, these are just examples. Goals should be individualized and tailored to your child's unique learning needs.

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This is a wonderful, comprehensive, parent-friendly blog with resources from IEPs to Activism.

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Everything IEP Archives * A Day In Our Shoes

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Looking for the best IEP advice for parents? You've found it. And it's free!

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Here you will find all the legal information from IDEA and the IEP.

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Select a link below to jump to the relevant page section.

1. Preface

The purpose of this guidance is to assist educators, parents, and state and local educational agencies in implementing the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) regarding Individualized Education Programs (IEPs) for children with disabilities, including preschool-aged children. (This guide does not address the development of Individualized Family Service Plans (IFSP) for infants and toddlers.)

Guide to the Individualized Education Program
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Office of Special Education and Rehabilitative Services
U.S. Department of Education
July 2000

Credits

This guide was developed by the U.S. Department of Education, with the assistance of the National Information Center for Children and Youth with Disabilities (NICHCY). The Department staff contributing to this guide include: Debra Price-Ellingstad, JoLeta Reynolds, Larry Ringer, Ruth Ryder, and Suzanne Sheridan, under the direction of Judith E. Heumann, Kenneth Warlick, and Curtis Richards.

Editor: Lisa Küpper, NICHCY

Production: Jean Kohanek, NICHCY

Disability Art: Madison, Moore, www.disabilityart.com

Each public school child who receives special education and related services must have an Individualized Education Program (IEP). Each IEP must be designed for one student and must be a truly individualized document. The IEP creates an opportunity for teachers, parents, school administrators, related services personnel, and students (when appropriate) to work together to improve educational results for children with disabilities. The IEP is the cornerstone of a quality education for each child with a disability.
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To create an effective IEP, parents, teachers, other school staff--and often the student--must come together to look closely at the student's unique needs. These individuals pool knowledge, experience and commitment to design an educational program that will help the student be involved in, and progress in, the general curriculum. The IEP guides the delivery of special education supports and services for the student with a disability. Without a doubt, writing--and implementing--an effective IEP requires teamwork.

This guide explains the IEP process, which we consider to be one of the most critical elements to ensure effective teaching, learning, and better results for all children with disabilities. The guide is designed to help teachers, parents and anyone involved in the education of a child with a disability-develop and carry out an IEP. The information in this guide is based on what is required by our nation's special education law--the Individuals with Disabilities Education Act, or IDEA.

The IDEA requires certain information to be included in each child's IEP. It is useful to know, however, that states and local school systems often include additional information in IEPs in order to document that they have met certain aspects of federal or state law. The flexibility that states and school systems have to design their own IEP forms is one reason why IEP forms may look different from school system to school system or state to state. Yet each IEP is critical in the education of a child with a disability.

Additional copies of this guide are available from:

ED Pubs
Editorial Publications Center
U.S. Department of Education
P.O. Box 1398
Jessup, MD 20794-1398

(877) 4-ED-PUBS
(877) 576-7734 TTY
(301) 470-1244 Fax

The writing of each student's IEP takes place within the larger picture of the special education process under IDEA. Before taking a detailed look at the IEP, it may be helpful to look briefly at how a student is identified as having a disability and needing special education and related services and, thus, an IEP.
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Step 1. Child is identified as possibly needing special education and related services.

"Child Find." The state must identify, locate, and evaluate all children with disabilities in the state who need special education and related services. To do so, states conduct "Child Find" activities. A child may be identified by "Child Find," and parents may be asked if the "Child Find" system can evaluate their child. Parents can also call the "Child Find" system and ask that their child be evaluated. Or —

Referral or request for evaluation. A school professional may ask that a child be evaluated to see if he or she has a disability. Parents may also contact the child's teacher or other school professional to ask that their child be evaluated. This request may be verbal or in writing. Parental consent is needed before the child may be evaluated. Evaluation needs to be completed within a reasonable time after the parent gives consent.

Step 2. Child is evaluated.

The evaluation must assess the child in all areas related to the child's suspected disability. The evaluation results will be used to decide the child's eligibility for special education and related services and to make decisions about an appropriate educational program for the child. If the parents disagree with the evaluation, they have the right to take their child for an Independent Educational Evaluation (IEE). They can ask that the school system pay for this IEE.

Step 3. Eligibility is decided.

Clearly, the IEP is a very important document for children with disabilities and for those who are involved in educating them. Done correctly, the IEP should improve teaching, learning and results. Each child's IEP describes, among other things, the educational program that has been designed to meet that child's unique needs. This part of the guide looks closely at how the IEP is written and by whom, and what information it must, at a minimum, contain.
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A group of qualified professionals and the parents look at the child's evaluation results. Together, they decide if the child is a "child with a disability," as defined by IDEA. Parents may ask for a hearing to challenge the eligibility decision.

Step 4. Child is found eligible for services.

If the child is found to be a "child with a disability," as defined by IDEA, he or she is eligible for special education and related services. Within 30 calendar days after a child is determined eligible, the IEP team must meet to write an IEP for the child.
Step 5. IEP meeting is scheduled.
By law, the IEP must include certain information about the child and the educational program designed to meet his or her unique needs. In a nutshell, this information is:
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Current performance.
The IEP must state how the child is currently doing in school (known as present levels of educational performance). This information usually comes from the evaluation results such as classroom tests and assignments, individual tests given to decide eligibility for services or during reevaluation, and observations made by parents, teachers, related service providers, and other school staff. The statement about "current performance" includes how the child's disability affects his or her involvement and progress in the general curriculum.

Annual goals.
These are goals that the child can reasonably accomplish in a year. The goals are broken down into short-term objectives or benchmarks. Goals may be academic, address social or behavioral needs, relate to physical needs, or address other educational needs. The goals must be measurable-meaning that it must be possible to measure whether the student has achieved the goals.

Special education and related services.
The IEP must list the special education and related services to be provided to the child or on behalf of the child. This includes supplementary aids and services that the child needs. It also includes modifications (changes) to the program or supports for school personnel-such as training or professional development-that will be provided to assist the child.

Participation with nondisabled children.
The IEP must explain the extent (if any) to which the child will not participate with nondisabled children in the regular class and other school activities.

Participation in state and district-wide tests.
Most states and districts give achievement tests to children in certain grades or age groups. The IEP must state what modifications in the administration of these tests the child will need. If a test is not appropriate for the child, the IEP must state why the test is not appropriate and how the child will be tested instead.

Dates and places.
The IEP must state when services will begin, how often they will be provided, where they will be provided, and how long they will last.

States and school systems have a great deal of flexibility about the information they require in an IEP. Some states and school systems have chosen to include in the IEP additional information to document their compliance with other state and federal requirements. (Federal law requires that school districts maintain documentation to demonstrate their compliance with federal requirements.) Generally speaking, extra elements in IEPs may be included to document that the state or school district has met certain aspects of federal or state law, such as:
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IEP Forms in Different Places
While the law tells us what information must be included in the IEP, it does not specify what the IEP should look like. No one form or approach or appearance is required or even suggested. Each state may decide what its IEPs will look like. In some states individual school systems design their own IEP forms.

Thus, across the United States, many different IEP forms are used. What is important is that each form be as clear and as useful as possible, so that parents, educators, related service providers, administrators, and others can easily use the form to write and implement effective IEPs for their students with disabilities.

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Transition service needs.
Beginning when the child is age 14 (or younger, if appropriate), the IEP must address (within the applicable parts of the IEP) the courses he or she needs to take to reach his or her post-school goals. A statement of transition services needs must also be included in each of the child's subsequent IEPs.

By law, certain individuals must be involved in writing a child's Individualized Education Program. These are identified in the figure at the left. Note that an IEP team member may fill more than one of the team positions if properly qualified and designated. For example, the school system representative may also be the person who can interpret the child's evaluation results.
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These people must work together as a team to write the child's IEP. A meeting to write the IEP must be held within 30 calendar days of deciding that the child is eligible for special education and related services.

Each team member brings important information to the IEP meeting. Members share their information and work together to write the child's Individualized Education Program. Each person's information adds to the team's understanding of the child and what services the child needs.

Parents are key members of the IEP team. They know their child very well and can talk about their child's strengths and needs as well as their ideas for enhancing their child's education. They can offer insight into how their child learns, what his or her interests are, and other aspects of the child that only a parent can know. They can listen to what the other team members think their child needs to work on at school and share their suggestions. They can also report on whether the skills the child is learning at school are being used at home. (See box on page 12 regarding parents' possible need for an interpreter.)

Teachers are vital participants in the IEP meeting as well. At least one of the child's regular education teachers must be on the IEP team if the child is (or may be) participating in the regular education environment. The regular education teacher has a great deal to share with the team. For example, he or she might talk about:

the general curriculum in the regular classroom;

the aids, services or changes to the educational program that would help the child learn and achieve; and

strategies to help the child with behavior, if behavior is an issue.

The regular education teacher may also discuss with the IEP team the supports for school staff that are needed so that the child can:

To help decide what special education and related services the student needs, generally the IEP team will begin by looking at the child's evaluation results, such as classroom tests, individual tests given to establish the student's eligibility, and observations by teachers, parents, paraprofessionals, related service providers, administrators, and others. This information will help the team describe the student's "present levels of educational performance" -in other words, how the student is currently doing in school. Knowing how the student is currently performing in school will help the team develop annual goals to address those areas where the student has an identified educational need.
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The IEP team must also discuss specific information about the child. This includes:

In addition, the IEP team must consider the "special factors" described in the box below.

It is important that the discussion of what the child needs be framed around how to help the child:

Based on the above discussion, the IEP team will then write the child's IEP. This includes the services and supports the school will provide for the child. If the IEP team decides that a child needs a particular device or service (including an intervention, accommodation, or other program modification), the IEP team must write this information in the IEP. As an example, consider a child whose behavior interferes with learning. The IEP team would need to consider positive and effective ways to address that behavior. The team would discuss the positive behavioral interventions, strategies, and supports that the child needs in order to learn how to control or manage his or her behavior. If the team decides that the child needs a particular service (including an intervention, accommodation, or other program modification), they must include a statement to that effect in the child's IEP.

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Special Factors To Consider
In addition, the child's placement (where the IEP will be carried out) must be decided. The placement decision is made by a group of people, including the parents and others who know about the child, what the evaluation results mean, and what types of placements are appropriate. In some states, the IEP team serves as the group making the placement decision. In other states, this decision may be made by another group of people. In all cases, the parents have the right to be members of the group that decides the educational placement of the child.
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Placement decisions must be made according to IDEA's least restrictive environment requirements-commonly known as LRE. These requirements state that, to the maximum extent appropriate, children with disabilities must be educated with children who do not have disabilities.

The law also clearly states that special classes, separate schools, or other removal of children with disabilities from the regular educational environment may occur only if the nature or severity of the child's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

What type of placements are there? Depending on the needs of the child, his or her IEP may be carried out in the regular class (with supplementary aids and services, as needed), in a special class (where every student in the class is receiving special education services for some or all of the day), in a special school, at home, in a hospital and institution, or in another setting. A school system may meet its obligation to ensure that the child has an appropriate placement available by:

providing an appropriate program for the child on its own;

contracting with another agency to provide an appropriate program; or

utilizing some other mechanism or arrangement that is consistent with IDEA for providing or paying for an appropriate program for the child.

The placement group will base its decision on the IEP and which placement option is appropriate for the child. Can the child be educated in the regular classroom, with proper aids and supports? If the child cannot be educated in the regular classroom, even with appropriate aids and supports, then the placement group will talk about other placements for the child.

Depending on the needs of the child, the IEP team needs to consider what the law calls special factors. These include:
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When the IEP has been written, parents must receive a copy at no cost to themselves. The IDEA also stresses that everyone who will be involved in implementing the IEP must have access to the document. This includes the child's:

Each of these individuals needs to know what his or her specific responsibilities are for carrying out the child's IEP. This includes the specific accommodations, modifications, and supports that the child must receive, according to the IEP.

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Parents' Permission
Before the school can provide a child with special education and related services for the first time, the child's parents must give their written permission.

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Once the IEP is written, it is time to carry it out-in other words, to provide the student with the special education and related services as listed in the IEP. This includes all supplementary aids and services and program modifications that the IEP team has identified as necessary for the student to advance appropriately toward his or her IEP goals, to be involved in and progress in the general curriculum, and participate in other school activities. While it is beyond the scope of this guide to discuss in detail the many issues involved in implementing a student's IEP, certain suggestions can be offered.
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Every individual involved in providing services to the student should know and understand his or her responsibilities for carrying out the IEP. This will help ensure that the student receives the services that have been planned, including the specific modifications and accommodations the IEP team has identified as necessary.

Teamwork plays an important part in carrying out the IEP. Many professionals are likely to be involved in providing services and supports to the student. Sharing expertise and insights can help make everyone's job a lot easier and can certainly improve results for students with disabilities. Schools can encourage teamwork by giving teachers, support staff and/or paraprofessionals time to plan or work together on such matters as adapting the general curriculum to address the student's unique needs. Teachers, support staff, and others providing services for children with disabilities may request training and staff development.

Communication between home and school is also important. Parents can share information about what is happening at home and build upon what the child is learning at school. If the child is having difficulty at school, parents may be able to offer insight or help the school explore possible reasons as well as possible solutions.

It is helpful to have someone in charge of coordinating and monitoring the services the student receives. In addition to special education, the student may be receiving any number of related services. Many people may be involved in delivering those services. Having a person in charge of overseeing that services are being delivered as planned can help ensure that the IEP is being carried out appropriately.

The regular progress reports that the law requires will help parents and schools monitor the child's progress toward his or her annual goals. It is important to know if the child is not making the progress expected-or if he or she has progressed much faster than expected. Together, parents and school personnel can then address the child's needs as those needs become evident.

If the child's behavior interferes with his or her learning or the learning of others, the IEP team will consider strategies and supports to address the child's behavior.

The IEP team must review the child's IEP at least once a year. One purpose of this review is to see whether the child is achieving his or her annual goals. The team must revise the child's individualized education program, if necessary, to address:
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the child's progress or lack of expected progress toward the annual goals and in the general curriculum;

information gathered through any reevaluation of the child;

information about the child that the parents share;

information about the child that the school shares (for example, insights from the teacher based on his or her observation of the child or the child's classwork);

the child's anticipated needs; or

other matters.

Although the IDEA requires this IEP review at least once a year, in fact the team may review and revise the IEP more often. Either the parents or the school can ask to hold an IEP meeting to revise the child's IEP. For example, the child may not be making progress toward his or her IEP goals, and his or her teacher or parents may become concerned. On the other hand, the child may have met most or all of the goals in the IEP, and new ones need to be written. In either case, the IEP team would meet to revise the IEP.

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Look at Those Factors Again!
When the IEP team is meeting to conduct a review of the child's IEP and, as necessary, to revise it, members must again consider all of the factors discussed on page 11. This includes:

The IEP team must also consider the "special factors," as listed earlier.

There are times when parents may not agree with the school's recommendations about their child's education. Under the law, parents have the right to challenge decisions about their child's eligibility, evaluation, placement, and the services that the school provides to the child. If parents disagree with the school's actions-or refusal to take action-in these matters, they have the right to pursue a number of options. They may do the following:
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OSEP Monitoring
The U.S. Department of Education's Office of Special Education Programs (OSEP) regularly monitors states to see that they are complying with IDEA. Every two years OSEP requires that states report progress toward meeting established performance goals that, at a minimum, address the performance of children on assessments, drop-out rates, and graduation rates. As part of its monitoring, the Department reviews IEPs and interviews parents, students, and school staff to find out:

whether, and how, the IEP team made the decisions reflected in the IEP;

whether those decisions and the IEP content are based on the child's unique needs, as determined through evaluation and the IEP process;

whether any state or local policies or practices have interfered with decisions of the IEP team about the child's educational needs and the services that the school would provide to meet those needs; and

The IEP is the cornerstone of special education. Writing and implementing an effective IEP involves many people, many different steps, and collaborative decision making.
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The information provided in this guide about the IEP has been fairly general. To help you get better acquainted with the various parts of the IEP, a sample IEP form is presented on the next pages. The sample IEP form includes space for all of the information that an IEP must contain under federal law. (Remember that IEP forms in your area may require more information that may be of value to the student and those implementing the IEP.) The different parts of the sample are paired with direct quotes from the law, so that you can easily see:

how the law defines what type of information goes into the various parts of a child's IEP, and

how this information goes together to create an educational program for a particular child.

Attachment A presents the IDEA's regulations for "Individualized Education Programs" (§§300.340-300.350). Under §300.347, where "IEP content" is described, we have included additional information primarily from Appendix A and Attachment 1 of the regulations. This information can be very useful in developing a fuller understanding of what type of information is important to capture about a child in the IEP.

whether the school has provided the services listed in the IEP.

This guide is intended to help states and school districts write IEPs that comply with IDEA. Writing effective IEPs is a very important first step in improving educational results for children with disabilities.

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Use of this IEP form, or any other form, will not, in and of itself, ensure compliance with IDEA's Part B requirements. Whether or not a state or local education agency chooses to require or recommend that teams use this form for IEPs, all IEP team participants including parents need to receive clear guidance and training regarding Part B requirements and to understand the importance of the IEP in focusing instruction to meet the unique needs of each child with a disability. TOP Individualized Education Program (IEP)
Student Name [ Space to write ]

Date of Meeting to Develop or Review IEP [ Space to write ]

Note: For each student with a disability beginning at age 14 (or younger, if appropriate), a statement of the student's transition service needs must be included under the applicable parts of the IEP. The statement must focus on the courses the student needs to take to reach his or her post-school goals.

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From the Regulations:
If you would like more information about special education, children with disabilities, the IEP process, or the IDEA, contact your state education agency or your local education agency. Additional sources of information include the following:
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Office of Special Education Programs
Office of Special Education and Rehabilitative Services
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-7100
(202) 245-7531 (Voice/TTY)
Web: www.ed.gov/about/offices/list/osers/osep/

National Information Center for Children and Youth with Disabilities (NICHCY)
P.O. Box 1492
Washington, DC 20013
(800) 695-0285 (Voice/TTY); (202) 884-8200 (V/TTY)
E-mail: nichcy@aed.org
Web: www.nichcy.org

Technical Assistance for Parent Centers--the Alliance
PACER Center
4826 Chicago Avenue South
Minneapolis, MN 55417-1098
(888) 248-0822; (612) 827-2966
(612) 827-7770 (TTY)
E-mail: alliance@taalliance.org
Web: www.taalliance.org

The IDEA Partnership Projects

Associations of Service Providers Implementing IDEA Reforms in Education (ASPIIRE)
The Council for Exceptional Children
1920 Association Drive
Reston, VA 20191-1589
(888) 232-7733; (703) 264-9456
(703) 264-9446 (TTY)
E-mail: ideapractices@cec.sped.org

Families and Advocates Partnerships for Education (FAPE)
PACER Center
4826 Chicago Avenue South
Minneapolis, MN 55417-1098
(888) 248-0822; (612) 827-2966; (612) 827-7770 (TTY)
E-mail: fape@pacer.org
Web: www.fape.org
Final Regulations for IEPs:
§§ 300.340--300.350 TOP
Attachment A presents the Federal regulations for Individualized Education Programs (IEP). These regulations cover areas such as IEP meetings; the IEP team; parent participation; and the development, review, and revision of the IEP.

Under §300.347--"Content of IEP"--we have included additional guidance on the various parts of the IEP. Generally, this guidance comes from Appendix A and Attachment 1 of the federal regulations for IDEA, which were published March 12, 1999, in the Federal Register.

This extra information is intended to highlight and clarify what information needs to be included in a child's IEP.

Individualized Education Programs

§ 300.340 Definitions related to IEPs.

(a) Individualized education program. As used in this part, the term individualized education program or IEP means a written statement for a child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§ 300.341-300.350.

(b) Participating agency. As used in § 300.348, participating agency means a State or local agency, other than the public agency responsible for a student's education, that is financially and legally responsible for providing transition services to the student.

(Authority: 20 U.S.C. 1401(11), 1312(a)(10)(B))

§ 300.341 Responsibility of SEA and other public agencies for IEPs.

(a) The SEA shall ensure that each public agency-

(1) Except as provided in §§ 300.450-300.462, develops and implements an IEP for each child with a disability served by that agency; and

(2) Ensures that an IEP is developed and implemented for each eligible child placed in or referred to a private school or facility by the public agency.

(b) Paragraph (a) of this section applies to-

(1) The SEA, if it is involved in providing direct services to children with disabilities, in accordance with 300.370(a) and (b)(1); and

(2) Except as provided in § 300.600(d), the other public agencies described in § 300.2, including LEAs and other State agencies that provide special education and related services either directly, by contract, or through other arrangements.

(Authority: 20 U.S.C. 1412(a)(4), (a)(10)(B))

§ 300.342 When IEPs must be in effect.

(a) General. At the beginning of each school year, each public agency shall have an IEP in effect for each child with a disability within its jurisdiction.

(b) Implementation of IEPs. Each public agency shall ensure that-

(1) An IEP-

(i) Is in effect before special education and related services are provided to an eligible child under this part; and

(ii) Is implemented as soon as possible following the meetings described under § 300.343;

(2) The child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation; and

(3) Each teacher and provider described in paragraph (b)(2) of this section is informed of-

(i) His or her specific responsibilities related to implementing the child's IEP; and

(ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

(c) IEP or IFSP for children aged 3 through 5.

(1) In the case of a child with a disability aged 3 through 5 (or, at the discretion of the SEA a 2-year-old child with a disability who will turn age 3 during the school year), an IFSP that contains the material described in section 636 of the Act, and that is developed in accordance with 300.341- 300.346 and 300.349-300.350, may serve as the IEP of the child if using that plan as the IEP is-

(i) Consistent with State policy; and

(ii) Agreed to by the agency and the child's parents.

(2) In implementing the requirements of paragraph (c)(1) of this section, the public agency shall-

(i) Provide to the child's parents a detailed explanation of the differences between an IFSP and an IEP; and

(ii) If the parents choose an IFSP, obtain written informed consent from the parents.

(d) Effective date for new requirements. All IEPs developed, reviewed, or revised on or after July 1, 1998 must meet the requirements of §§ 300.340- 300.350.

(Authority: 20 U.S.C. 1414(d)(2)(A) and (B), Pub. L. 105-17, sec. 201(a)(2)(A), (C)

§ 300.343 IEP meetings.

(a) General. Each public agency is responsible for initiating and conducting meetings for the purpose of developing, reviewing, and revising the IEP of a child with a disability (or, if consistent with § 300.342(c), an IFSP).

(b) Initial IEPs; provision of services. (1) Each public agency shall ensure that within a reasonable period of time following the agency's receipt of parent consent to an initial evaluation of a child-

(i) The child is evaluated; and

(ii) If determined eligible under this part, special education and related services are made available to the child in accordance with an IEP.

(2) In meeting the requirement in paragraph (b)(1) of this section, a meeting to develop an IEP for the child must be conducted within 30 days of a determination that the child needs special education and related services.

(c) Review and revision of IEPs. Each public agency shall ensure that the IEP team-

(1) Reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and

(2) Revises the IEP as appropriate to address-

(i) Any lack of expected progress toward the annual goals described in § 300.347(a), and in the general curriculum, if appropriate;

(ii) The results of any reevaluation conducted under § 300.536;

(iii) Information about the child provided to, or by, the parents, as described in 300.533(a)(1);

(iv) The child's anticipated needs; or

(v) Other matters.

(Authority: 20 U.S.C. 1413(a)(1), 1414(d)(4)(A))

§ 300.344 IEP team.

(a) General. The public agency shall ensure that the IEP team for each child with a disability includes-

(1) The parents of the child;

(2) At least one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);

(3) At least one special education teacher of the child, or if appropriate, at least one special education provider of the child;

(4) A representative of the public agency who-

(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(ii) Is knowledgeable about the general curriculum; and

(iii) Is knowledgeable about the availability of resources of the public agency;

(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (6) of this section;

(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

(7) If appropriate, the child.

(b) Transition services participants. (1) Under paragraph (a)(7) of this section, the public agency shall invite a student with a disability of any age to attend his or her IEP meeting if a purpose of the meeting will be the consideration of-

(i) The student's transition services needs under § 300.347(b)(1);

(ii) The needed transition services for the student under § 300.347(b)(2); or

(iii) Both.

(2) If the student does not attend the IEP meeting, the public agency shall take other steps to ensure that the student's preferences and interests are considered.

(3)(i) In implementing the requirements of 300.347(b)(2), the public agency also shall invite a representative of any other agency that is likely to be responsible for providing or paying for transition services.

(ii) If an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain participation of the other agency in the planning of any transition services.

(c) Determination of knowledge and special expertise. The determination of the knowledge or special expertise of any individual described in paragraph (a)(6) of this section shall be made by the party (parents or public agency) who invited the individual to be a member of the IEP.

(d) Designating a public agency representative. A public agency may designate another public agency member of the IEP team to also serve as the agency representative, if the criteria in paragraph (a)(4) of this section are satisfied.

(Authority: 20 U.S.C. 1401(30), 1414(d)(1)(A)(7), (B))

§ 300.345 Parent participation.

(a) Public agency responsibility-general. Each public agency shall take steps to ensure that one or both of the parents of a child with a disability are present at each IEP meeting or are afforded the opportunity to participate, including-

(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

(2) Scheduling the meeting at a mutually agreed on time and place.

(b) Information provided to parents. (1) The notice required under paragraph (a)(1) of this section must-

(i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and

(ii) Inform the parents of the provisions in 300.344(a)(6) and (c) (relating to the participation of other individuals on the IEP team who have knowledge or special expertise about the child).

(2) For a student with a disability beginning at age 14, or younger, if appropriate, the notice must also-

(i) Indicate that a purpose of the meeting will be the development of a statement of the transition services needs of the student required in 300.347(b)(1); and

(ii) Indicate that the agency will invite the student.

(3) For a student with a disability beginning at age 16, or younger, if appropriate, the notice must-

(i) Indicate that a purpose of the meeting is the consideration of needed transition services for the student required in § 300.347(b)(2);

(ii) Indicate that the agency will invite the student; and

(iii) Identify any other agency that will be invited to send a representative.

(c) Other methods to ensure parent participation. If neither parent can attend, the public agency shall use other methods to ensure parent participation, including individual or conference telephone calls.

(d) Conducting an IEP meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case the public agency must have a record of its attempts to arrange a mutually agreed on time and place, such as-

(1) Detailed records of telephone calls made or attempted and the results of those calls;

(2) Copies of correspondence sent to the parents and any responses received; and

(3) Detailed records of visits made to the parent's home or place of employment and the results of those visits.

(e) Use of interpreters or other action, as appropriate. The public agency shall take whatever action is necessary to ensure that the parent understands the proceedings at the IEP meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

(f) Parent copy of child's IEP. The public agency shall give the parent a copy of the child's IEP at no cost to the parent.

(Authority: 20 U.S.C. 1414(d)(1)(B)(i))

§ 300.346 Development, review, and revision of IEP.

(a) Development of IEP. (1) General. In developing each child's IEP, the IEP team, shall consider-

(i) The strengths of the child and the concerns of the parents for enhancing the education of their child;

(ii) The results of the initial or most recent evaluation of the child; and

(iii) As appropriate, the results of the child's performance on any general State or district-wide assessment programs.

(2) Consideration of special factors. The IEP team also shall-

(i) In the case of a child whose behavior impedes his or her learning or that of others, consider, if appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior;

(ii) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP;

(iii) In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;

(iv) Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and

(v) Consider whether the child requires assistive technology devices and services.

(b) Review and Revision of IEP. In conducting a meeting to review, and, if appropriate, revise a child's IEP, the IEP team shall consider the factors described in paragraph (a) of this section.

(c) Statement in IEP. If, in considering the special factors described in paragraphs (a)(1) and (2) of this section, the IEP team determines that a child needs a particular device or service (including an intervention, accommodation, or other program modification) in order for the child to receive FAPE, the IEP team must include a statement to that effect in the child's IEP.

(d) Requirement with respect to regular education teacher. The regular education teacher of a child with a disability, as a member of the IEP team, must, to the extent appropriate, participate in the development, review, and revision of the child's IEP, including assisting in the determination of-

(1) Appropriate positive behavioral interventions and strategies for the child; and

(2) Supplementary aids and services, program modifications or supports for school personnel that will be provided for the child, consistent with

300.347(a)(3).

(e) Construction. Nothing in this section shall be construed to require the IEP team to include information under one component of a child's IEP that is already contained under another component of the child's IEP.

(Authority: 20 U.S.C. 1414(d)(3) and (4)(B) and (e))

§ 300.347 Content of IEP.

"(a) General. The IEP for each child with a disability must include-

"(1) A statement of the child's present levels of educational performance, including-

"(i) How the child's disability affects the child's involvement and progress in the general curriculum (i.e., the same curriculum as for nondisabled children); or

"(ii) For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;

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Additional Guidance
An IEP must include measurable annual goals that relate to meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum, and to meeting each of the child's other educational needs that result from the child's disability [34 CFR §300.347(a)(2)]. Thus, if a child's unique needs require goals that address the child's present levels of educational performance in nonacademic areas of instructional need, such as behavioral skills, communication and language skills, self-determination skills, job-related skills, independent living skills, or social skills, the statement of present levels of educational performance in the child's IEP should provide information regarding the child's present levels of educational performance in those areas.

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"(2) A statement of measurable annual goals, including benchmarks or short-term objectives, related to-

"(i) Meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum (i.e., the same curriculum as for nondisabled children), or for preschool children, as appropriate, to participate in appropriate activities; and

"(ii) Meeting each of the child's other educational needs that result from the child's disability;

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Additional Guidance
Each annual goal must include either short-term objectives or benchmarks. The purpose of both is to enable a child's teacher(s), parents, and others involved in developing and implementing the child's IEP, to gauge, at intermediate times during the year, how well the child is progressing toward achievement of the annual goal. [Appendix A to 34 CFR Part 300-Notice of Interpretation (Appendix A), Response to Question 1, 64 Federal Register, page 12471 (March 12, 1999).]

An IEP team may use either short-term objectives (that generally break the skills described in the annual goal down into discrete components) or benchmarks (which can be thought of as describing the amount of progress the child is expected to make within specified segments of the year), or a combination of the two, depending on the nature of the annual goals and the needs of the child. [Appendix A to 34 CFR Part 300-Notice of Interpretation (Appendix A), Response to Question 1, 64 Federal Register, page 12471 (March 12, 1999).]

A child's IEP must include measurable annual goals that relate to meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum, and to meeting each of the child's other educational needs that result from the child's disability [34 CFR §300.347(a)(2)]. This may, depending on the child's needs, include annual goals that relate to the child's needs in such areas as behavioral skills, communication, self-determination skills, job-related skills, independent living skills, or social skills.

A public agency is not required to include in an IEP annual goals that relate to areas of the general curriculum in which the child's disability does not affect the child's ability to be involved in and progress in the general curriculum. If a child needs only modifications or accommodations in order to progress in an area of the general curriculum, the IEP does not need to include a goal for that area; however the IEP would need to specify those modifications or accommodations. [Appendix A, Response to Question 4, 64 Federal Register, page 12472 (March 12, 1999).]

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"(3) A statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child-

"(i) To advance appropriately toward attaining the annual goals;

"(ii) To be involved and progress in the general curriculum in accordance with paragraph (a)(1) of this section and to participate in extracurricular and other nonacademic activities; and

"(iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section;

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Additional Guidance
The type and amount of services to be provided must be stated in the IEP, so that the level of the agency's commitment of resources will be clear to parents and other IEP team embers. [Appendix A, Response to Question 35, 64 Federal Register, page 12479 (March 12, 1999).]

The amount of time to be committed to each of the various services to be provided must be appropriate to the specific service and stated in the IEP in a manner that is clear to all who are involved in both the development and implementation of the IEP. [Appendix A, Response to Question 35, 64 Federal Register, page 12479 (March 12, 1999).]

The amount of a special education or related service to be provided to a child may be stated in the IEP as a range (e.g., speech therapy to be provided three times a week for 30-45 minutes per session) only if the IEP team determines that stating the amount of the services as a range is necessary to meet the unique needs of the child. For example, it would be appropriate for the IEP to specify, based upon the IEP team's determination of the student's unique needs, that particular services are needed only under specific circumstances, such as the occurrence of a seizure or of a particular behavior. A range may not be used because of personnel shortages or uncertainty regarding the availability of staff. [Appendix A, Response to Question 35, 64 Federal Register, page 12479 (March 12, 1999).]

The term "on behalf of the child" includes, among other things, services that are provided to the parents or teacher of the child with a disability to help them to more effectively work with the child. . . Supports for school personnel could also include special training for a child's teacher. However, in order for the training to meet the requirements of §300.347(a)(3), it would normally be targeted directly to on assisting the teacher to meet a unique and specific need of the child, and not simply to participate in an inservice training program that is generally available in a public agency. [Attachment 1-Analysis of Comments and Changes (Attachment 1), 64 Federal Register, page 12593 (March 12, 1999).]

If the IEP team determines that a child with a disability needs extended school year services to receive a free appropriate public education , the public agency must ensure that the child receives those services. A public agency may not-(i) Limit extended school year services to particular categories of disability; or (ii) Unilaterally limit the type, amount, or duration of those services. 34 CFR §300.309(a).

Section 300.346(a)(1) requires that, in developing each child's IEP, the IEP team, shall consider-(i) The strengths of the child and the concerns of the parents for enhancing the education of their child; (ii) The results of the initial or most recent evaluation of the child; and (iii) As appropriate, the results of the child's performance on any general State or district-wide assessment programs.

Section 300.346(a)(2) requires that the IEP team also:

i. In the case of a child whose behavior impedes his or her learning or that of others, consider, if appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior;

ii. In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP;

iii. In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;

iv. Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and

v. Consider whether the child requires assistive technology devices and services.

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"(4) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(3) of this section;

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Additional Guidance
The IEP team must consider the extent, if any, to which the child will not participate with nondisabled children in the regular class; the general curriculum; and in extracurricular and other nonacademic activities. If the IEP team determines that the child cannot participate full time with nondisaled children in the regular classroom, the general curriculum, and in extracurricular and other nonacademic activities, the IEP must include a statement that explains why full participation is not possible. [Attachment 1, 64 Federal Register, page 12593 (March 12, 1999).]

The IEP team must consider whether or not the child's education can be achieved satisfactorily in the regular classes with the use of supplementary aids and services. The IEP team must consider the full range of supplementary aids and services that if provided, would facilitate the student's placement in the regular classroom. [Appendix A, Response to Question 1, 64 Federal Register, page 12471 (March 12, 1999).]

In determining the extent, if any, to which a child with a disability will be removed from the regular educational environment, a public agency must ensure that:

(1) such removal occurs only if the nature or severity of the child's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily [34 CFR §300.550(b)(2)];

(2) a child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum [34 CFR §300.552(e)]; and

(3) each child with a disability participates with nondisabled children in nonacademic and extracurricular services and activities to the maximum extent appropriate (34 CFR §300.553).

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"(5)(i) A statement of any individual modifications in the administration of State or district-wide assessments of student achievement that are needed in order for the child to participate in the assessment; and

"(ii) If the IEP team determines that the child will not participate in a particular State or district-wide assessment of student achievement (or part of an assessment), a statement of-

"(A) Why that assessment is not appropriate for the child; and

"(B) How the child will be assessed;

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Additional Guidance
The IEP for a child with a disability must include a statement of any needed modifications in the administration of State or district-wide assessments, and must, if the IEP team determines that it is not appropriate for the child to participate in a particular assessment, provide a statement of why the particular assessment is not appropriate for the child and how the child will be assessed [34 CFR §300.347(a)(5)]. If the IEP does not indicate any needed modifications or that the particular assessment is not appropriate for the child, this is an indication that the IEP team has determined that the child will participate without modifications in the assessment.

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"(6) The projected date for the beginning of the services and modifications described in paragraph (a)(3) of this section, and the anticipated frequency, location, and duration of those services and modifications; and

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Additional Guidance
An IEP that clearly states how often, how long and in what location the public agency will provide the specified services and modifications, and when services and/or modifications will begin meets the requirements of 34 CFR §300.347(a)(6).

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"(7) A statement of-

"(i) How the child's progress toward the annual goals described in paragraph (a)(2) of this section will be measured; and

"(ii) How the child's parents will be regularly informed (through such means as periodic report cards), at least as often as parents are informed of their nondisabled children's progress, of-

"(A) Their child's progress toward the annual goals; and

"(B) The extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year.

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Additional Guidance
Each public agency may determine the appropriate method for informing parents of their child's progress. However, the agency "must ensure that whatever methods, or combination of methods, is adopted provides sufficient information to enable parents to be informed of (1) their child's progress toward the annual goals, and (2) the extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year." [Attachment 1, 64 Federal Register, page 12594 (March 12, 1999).]

Generally, reports to parents are not expected to be lengthy or burdensome. The statement of the annual goals and short-term objectives or benchmarks in the child's current IEP could serve as the base document for briefly describing the child's progress. [Attachment 1, 64 Federal Register, page 12594 (March 12, 1999).]

The IEP team must revise the IEP to address any lack of expected progress toward the annual goals and in the general curriculum [34 CFR §300.343(c)(2)(i)].

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"(b) Transition services. The IEP must include-

"(1) For each student with a disability beginning at age 14 (or younger, if determined appropriate by the IEP team), and updated annually, a statement of the transition service needs of the student under the applicable components of the student's IEP that focuses on the student's courses of study (such as participation in advanced-placement courses or a vocational education program); and

"(2) For each student beginning at age 16 (or younger, if determined appropriate by the IEP team), a statement of needed transition services for the student, including, if appropriate, a statement of the interagency responsibilities or any needed linkages.

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Additional Guidance
The IEP team, in determining appropriate measurable annual goals (including benchmarks or short term objectives) and services for a student, must determine what instruction and educational experiences will assist the student to prepare for transition for secondary education to post-secondary life. [Appendix A, Response to Question 11, 64 Federal Register, page 12474 (March 12, 1999).]

Although the focus of the transition planning process may shift as the student approaches graduation, the IEP team must discuss specific areas beginning at least at age of 14 years, and review these areas annually. [Appendix A, Response to Question 11, 64 Federal Register, page 12474 (March 12, 1999). ]

If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with 34 CFR §300.347(b)(1), the public agency shall reconvene the IEP team to identify alternative strategies to meet the transition objective for the student set out in the IEP [34 CFR §300.348(a)].

Nothing in Part B relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency [34 CFR §300.348(b)].

If during the course of the IEP meeting, the team identifies additional agencies that are likely to be responsible for providing or paying for transition services for the student, the public agency must determine how it will meet the requirements of §300.344. [Appendix A, Response to Question 13, 64 Federal Register, page 12475 (March 12, 1999).]

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"(c) Transfer of rights. In a State that transfers rights at the age majority, beginning at least one year before a student reaches the age of majority under State law, the student's IEP must include a statement that the student has been informed of his or her rights under Part B of the Act, if any, that will transfer to the student on reaching the age of majority, consistent with § 300.517.

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Additional Guidance
If the public agency receives notice of the student's legal incompetence, so that no rights transfer to the student at the age of majority, the IEP need not include this statement. Attachment 1, 64 Federal Register, page 12594 (March 12, 1999).

The IEP could include a description of the rights that have been transferred, but it need not.

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"(d) Students with disabilities convicted as adults and incarcerated in adult prisons. Special rules concerning the content of IEPs for students with disabilities convicted as adults and incarcerated in adult prisons are contained in § 300.311(b) and (c).

(Authority: 20 U.S.C. 1414(d)(1)(A) and (d)(6)(A)(ii))

§ 300.348 Agency responsibilities for transition services.

(a) If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with § 300.347(b)(1), the public agency shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the student set out in the IEP.

(b) Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

(Authority: 20 U.S.C. 1414(d)(5); 1414(d)(1)(A)(vii))

§ 300.349 Private school placements by public agencies.

(a) Developing IEPs. (1) Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency shall initiate and conduct a meeting to develop an IEP for the child in accordance with §§ 300.346 and 300.347.

(2) The agency shall ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.

(b) Reviewing and revising IEPs. (1) After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the public agency.

(2) If the private school or facility initiates and conducts these meetings, the public agency shall ensure that the parents and an agency representative-

(i) Are involved in any decision about the child's IEP; and

(ii) Agree to any proposed changes in the IEP before those changes are implemented.

(c) Responsibility. Even if a private school or facility implements a child's IEP, responsibility for compliance with this part remains with the public agency and the SEA.

(Authority: 20 U.S.C. 1412(a)(10)(B))

§ 300.350 IEP-accountability.

(a) Provision of services. Subject to paragraph (b) of this section, each public agency must-

(1) Provide special education and related services to a child with a disability in accordance with the child's IEP; and

(2) Make a good faith effort to assist the child to achieve the goals and objectives or benchmarks listed in the IEP.

(b) Accountability. Part B of the Act does not require that any agency, teacher, or other person be held accountable if a child does not achieve the growth projected in the annual goals and benchmarks or objectives. However, the Act does not prohibit a State or public agency from establishing its own accountability systems regarding teacher, school, or agency performance.

(c) Construction-parent rights. Nothing in this section limits a parent's right to ask for revisions of the child's IEP or to invoke due process procedures if the parent feels that the efforts required in paragraph (a) of this section are not being made.

(Authority: 20 U.S.C. 1414(d)); Cong. Rec. at H7152 (daily ed., July 21, 1975))

IDEA Local Implementations by Local Administrators (ILIAD)
The Council for Exceptional Children
1920 Association Drive
Reston, VA 20191-1589
(877) CEC-IDEA; (703) 264-9418; (703) 264-9480 (TTY)
E-mail: ideapractices@cec.sped.org

The Policy Maker Partnership (PMP) for Implementing IDEA 97
National Association of state Directors of Special Education
1800 Diagonal Road, Suite 320
Alexandria, VA 22314
(703) 519-3800; (703) 519-7008 (TTY)
E-mail: nasdse@nasdse.org
Web: www.nasdse.org

Regional Resource Centers

Northeast Regional Resource Center (NERRC)
Learning Innovations
20 Winter Sport Lane
Williston, VT 05495
(802) 951-8226; (802) 951-8213 (TTY)
E-mail: nerrc@aol.com
Web: www.wested.org/nerrc/

Serving: Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont.

Mid-South Regional Resource Center (MSRRC)
Human Development Institute
University of Kentucky
126 Mineral Industries Building
Lexington, KY 40506-0051
(859) 257-4921; (859) 257-2903 (TTY)
E-mail: msrrc@ihdi.uky.edu
Web: www.ihdi.uky.edu/msrrc

Serving: Delaware, Kentucky, Maryland, North Carolina, South Carolina, Tennessee, Virginia, Washington, DC, and West Virginia.

Southeast Regional Resource Center (SERRC)
School of Education
Auburn University Montgomery
P.O. Box 244023
Montgomery, AL 36124
(334) 244-3100; (334) 244-3800 (TTY)
E-mail: ebeale@mail.aum.edu
Web: edla.aum.edu/serrc/serrc.html

Serving: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Oklahoma, Puerto Rico, Texas, and the U.S. Virgin Islands.

Great Lakes Area Regional Resource Center (GLARRC)
OSU Center for Special Needs
700 Ackerman Road, Suite 440
Columbus, OH 43202
(614) 447-0844; (614) 447-8776 (TTY)
E-mail: daniels.121@osu.edu
Web: www.csnp.ohio-state.edu/glarrc.htm

Serving: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, Pennsylvania, and Wisconsin.

Mountain Plains Regional Resource Center (MPRRC)
Utah state University
1780 North Research Parkway, Suite 112
Logan, UT 84341
(435) 752-0238; (435) 753-9750 (TTY)
E-mail: cope@cc.usu.edu
Web: www.usu.edu/mprrc

Serving: Arizona, Bureau of Indian Affairs, Colorado, Kansas, Montana, Nebraska, New Mexico, North Dakota, South Dakota, Utah, and Wyoming.

Western Regional Resource Center (WRRC)
1268 University of Oregon
Eugene, OR 97403-1268
(541) 346-5641; (541) 346-0367 (TTY)
E-mail: wrrc@oregon.uoregon.edu
Web: interact.uoregon.edu/wrrc/wrrc.html

Serving: Alaska, American Samoa, California, Commonwealth of the Northern Mariana Islands, Federated states of Micronesia, Guam, Hawaii, Idaho, Nevada, Oregon, Republic of the Marshall Islands, Republic of Palau, and Washington.

Statement of Transition Service Needs--34 CFR §300.347(b)(1)

"The IEP must include...[f]or each student with a disability beginning at age 14 (or younger, if determined appropriate by the IEP team), and updated annually, a statement of the transition service needs of the student under the applicable components of the student's IEP that focuses on the student's courses of study (such as participation in advanced- placement courses or a vocational education program);"

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Present Levels of Educational Performance

[ Space to write ]

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From the Regulations:

Statement of Present Levels of Educational Performance--34 CFR §300.347(a)(1)

"The IEP for each child with a disability must include . . . a statement of the child's present levels of educational performance, including

"(i) How the child's disability affects the child's involvement and progress in the general curriculum (i.e., the same curriculum as for nondisabled children); or

"(ii) For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;"

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[ Page 1 of 5 ]

Measurable Annual Goals (Including Benchmarks or Short-Term Objectives)

[ space to write ]

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From the Regulations:

Statement of Measurable Annual Goals, Including Benchmarks or Short-Term Objectives--34 CFR §300.347(a)(2)

"The IEP for each child with a disability must include . . . a statement of measurable annual goals, including benchmarks or short-term objectives, related to

"(i) Meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum (i.e., the same curriculum as for nondisabled children), or for preschool children, as appropriate, to participate in appropriate activities; and

"(ii) Meeting each of the child's other educational needs that result from the child's disability;"

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Special Education and Related Services [ space to write ]

Supplementary Aids and Services [ space to write ]

Program Modifications or Supports for School Personnel [ space to write ]

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From the Regulations:

Statement of the Special Education and Related Services, Supplementary Aids and Services, Program Modifications, and Supports For School Personnel--34 CFR §300.347(a)(3)

"The IEP for each child with a disability must include... a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child

"(i) To advance appropriately toward attaining the annual goals;

"(ii) To be involved and progress in the general curriculum in accordance with 34 CFR §300.347(a)(1) and to participate in extracurricular and other nonacademic activities; and

" (iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section;"

--ALSO--

Beginning Date, Frequency, Location, and Duration of Services and Modifications--34 CFR §300.347(a)(6)

"The IEP for each child with a disability must include . . . the projected date for the beginning of the services and modifications described in 34 CFR §300.347(a)(3), and the anticipated frequency, location, and duration of those services and modifications;"

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[ Page 2 of 5 ]

Explanation of Extent, if Any, to Which Child Will Not Participate with Nondisabled Children

[ space to write ]

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From the Regulations:

Explanation of Extent, if Any, to Which Child Will Not Participate with Nondisabled Children 34 CFR §300.347(a)(4)

"The IEP for each child with a disability must include . . . an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in 34 CFR §300.347(a)(3);"

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Administration of State and District-wide Assessments of Student Achievement

Any Individual Modifications In Administration Needed For Child To Participate In State Or District-wide Assessment(s)

[ space to write ]

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From the Regulations:

Statement Of Any Individual Modifications in Administration of State or District-wide Assessments 34--CFR §300.347(a)(5)(i)

"The IEP for each child with a disability must include . . . a statement of any individual modifications in the administration of State or district-wide assessments of student achievement that are needed in order for the child to participate in the assessment;"

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If IEP Team Determines That Child Will Not Participate In A Particular State Or District-Wide Assessment

Why isn't the assessment appropriate for the child?[ space to write ]

How will the child be assessed?[ space to write ]

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From the Regulations:

If Child Will Not Participate in State or District-wide Assessment--34 CFR §300.347(a)(5)(ii)

"If the IEP team determines that a child with a disability will not participate in a particular State or district-wide assessment of student achievement (or part of an assessment), the IEP must include a statement of

"(A) Why that assessment is not appropriate for the child; and

"(B) How the child will be assessed;"

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[ Page 3 of 5 ]

How Child's Progress Toward Annual Goals Will Be Measured

[space to write ]

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From the Regulations:

How Child's Progress Will Be Measured--34 CFR §300.347(a)(7)(i)

"The IEP for each child with a disability must include . . .

a statement of how the child's progress toward the annual goals described in 34 CFR §300.347(a)(2) will be measured;"

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How Child's Parents Will Be Regularly Informed Of Child's Progress Toward Annual Goals And Extent To Which Child's Progress Is Sufficient To Meet Goals By End of Year

[ space to write ]

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From the Regulations:

How Parents Will Be Informed of Their Child's Progress--34 CFR §300.347(a)(7)(ii)

"The IEP for each child with a disability must include . . . a statement of how the child's parents will be regularly informed (through such means as periodic report cards), at least as often as parents are informed of their nondisabled children's progress, of

"(A) Their child's progress toward the annual goals; and

"(B) The extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year."

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[ Page 4 of 5 ]

(Beginning at age 16 or younger if determined appropriate by IEP team)

Statement of Needed Transition Services, Including, If Appropriate, Statement Of Interagency Responsibilities Or Any Needed Linkages

[ space to write ]

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From the Regulations:

Statement of Needed Transition Services--34 CFR §300.347(b)(2)

"The IEP must include . . . for each student with a disability beginning at age 16 (or younger, if determined appropriate by the IEP team), a statement of needed transition services for the student, including, if appropriate, a statement of the interagency responsibilities or any needed linkages."

Definition of "Transition Services"--34 CFR §300.29

"(a) As used in [Part B], "transition services" means a coordinated set of activities for a student with a disability that:

"(1) Is designed within an outcome-oriented process, that promotes movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

"(2) Is based on the individual student's needs, taking into account the student's preferences and interests; and

"(3) Includes: (i) Instruction; (ii) Related services; (iii) Community experiences; (iv) The development of employment and other post-school adult living objectives; and (v) If appropriate, acquisition of daily living skills and functional vocational evaluation.

"(b) Transition services for students with disabilities may be special education, if provided as specially designed instruction or related services, if required to assist a student with a disability to benefit from special education."

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(In a state that transfers rights to the student at the age of majority, the following information must be included beginning at least one year before the student reaches the age of majority)

The student has been informed of the rights under Part B of IDEA, if any, that will transfer to the student on reaching the age of majority. Yes [box to check]

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From the Regulations:

Age of Majority--34 CFR §300.347(c)

"In a State that transfers rights at the age majority, beginning at least one year before a student reaches the age of majority under State law, the student's IEP must include a statement that the student has been informed of his or her rights under Part B of the Act, if any, that will transfer to the student on reaching the age of majority, consistent with 34 CFR §300.517."

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[ Page 5 of 5 ]

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If the child has limited proficiency in English, the IEP team will consider the child's language needs as these needs relate to his or her IEP.

If the child is blind or visually impaired, the IEP team must provide for instruction in Braille or the use of Braille, unless it determines after an appropriate evaluation that the child does not need this instruction.

If the child has communication needs, the IEP team must consider those needs.

If the child is deaf or hard of hearing, the IEP team will consider his or her language and communication needs. This includes the child's opportunities to communicate directly with classmates and school staff in his or her usual method of communication (for example, sign language).

The IEP team must always consider the child's need for assistive technology devices or services.

For more information about these special factors, see §300.346.

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Will Parents Need an Interpreter in Order to Participate Fully?
If the parents have a limited proficiency in English or are deaf, they may need an interpreter in order to understand and be understood. In this case, the school must make reasonable efforts to arrange for an interpreter during meetings pertaining to the child's educational placement. For meetings regarding the development or review of the IEP, the school must take whatever steps are necessary to ensure that parents understand the meetings--including arranging for an interpreter. This provision should help to ensure that parents are not limited in their ability to participate in their child's education because of language or communication barriers.

Therefore, if parents need an interpreter for a meeting to discuss their child's evaluation, eligibility for special education or IEP, they should let the school know ahead of time. Telling the school in advance allows the school to make arrangements for an interpreter so that parents can participate fully in the meeting.

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Supports for school staff may include professional development or more training. Professional development and training are important for teachers, administrators, bus drivers, cafeteria workers, and others who provide services for children with disabilities.

The child's special education teacher contributes important information and experience about how to educate children with disabilities. Because of his or her training in special education, this teacher can talk about such issues as:

Beyond helping to write the IEP, the special educator has responsibility for working with the student to carry out the IEP. He or she may:

work with the student in a resource room or special class devoted to students receiving special education services;

team teach with the regular education teacher; and

work with other school staff, particularly the regular education teacher, to provide expertise about addressing the child's unique needs.

Another important member of the IEP team is the individual who can interpret what the child's evaluation results mean in terms of designing appropriate instruction. The evaluation results are very useful in determining how the child is currently doing in school and what areas of need the child has. This IEP team member must be able to talk about the instructional implications of the child's evaluation results, which will help the team plan appropriate instruction to address the child's needs.

The individual representing the school system is also a valuable team member. This person knows a great deal about special education services and educating children with disabilities. He or she can talk about the necessary school resources. It is important that this individual have the authority to commit resources and be able to ensure that whatever services are set out in the IEP will actually be provided.

The IEP team may also include additional individuals with knowledge or special expertise about the child. The parent or the school system can invite these individuals to participate on the team. Parents, for example, may invite an advocate who knows the child, a professional with special expertise about the child and his or her disability, or others (such as a vocational educator who has been working with the child) who can talk about the child's strengths and/or needs. The school system may invite one or more individuals who can offer special expertise or knowledge about the child, such as a paraprofessional or related services professional. Because an important part of developing an IEP is considering a child's need for related services (see the list of related services in the box on the previous page), related service professionals are often involved as IEP team members or participants. They share their special expertise about the child's needs and how their own professional services can address those needs. Depending on the child's individual needs, some related service professionals attending the IEP meeting or otherwise helping to develop the IEP might include occupational or physical therapists, adaptive physical education providers, psychologists, or speech-language pathologists.

When an IEP is being developed for a student of transition age, representatives from transition service agencies can be important participants. (See the box below for more information about transition.) Whenever a purpose of meeting is to consider needed transition services, the school must invite a representative of any other agency that is likely to be responsible for providing or paying for transition services. This individual can help the team plan any transition services the student needs. He or she can also commit the resources of the agency to pay for or provide needed transition services. If he or she does not attend the meeting, then the school must take alternative steps to obtain the agency's participation in the planning of the student's transition services.

And, last but not least, the student may also be a member of the IEP team. If transition service needs or transition services are going to be discussed at the meeting, the student must be invited to attend. More and more students are participating in and even leading their own IEP meetings. This allows them to have a strong voice in their own education and can teach them a great deal about self-advocacy and self-determination.

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The Regular Education Teacher as Part of the IEP Team
Appendix A of the federal regulations for Part B of IDEA answers many questions about the IEP. Question 24 addresses the role of the regular education teacher on the IEP team. Here's an excerpt from the answer:

"...while a regular education teacher must be a member of the IEP team if the child is, or may be, participating in the regular education environment, the teacher need not (depending upon the child's needs and the purpose of the specific IEP team meeting) be required to participate in all decisions made as part of the meeting or to be present throughout the entire meeting or attend every meeting. For example, the regular education teacher who is a member of the IEP team must participate in discussions and decisions about how to modify the general curriculum in the regular classroom to ensure the child's involvement and progress in the general curriculum and participation in the regular education environment.

"Depending upon the specific circumstances, however, it may not be necessary for the regular education teacher to participate in discussions and decisions regarding, for example, the physical therapy needs of the child, if the teacher is not responsible for implementing that portion of the child's IEP.

"In determining the extent of the regular education teacher's participation at IEP meetings, public agencies and parents should discuss and try to reach agreement on whether the child's regular education teacher that is a member of the IEP team should be present at a particular IEP meeting and, if so, for what period of time. The extent to which it would be appropriate for the regular education teacher member of the IEP team to participate in IEP meetings must be decided on a case-by-case basis."

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Related Services
A child may require any of the following related services in order to benefit from special education. Related services, as listed under IDEA, include (but are not limited to):

Audiology services

Counseling services

Early identification and assessment of disabilities in children

Medical services

Occupational therapy

Orientation and mobility services

Parent counseling and training

Physical therapy

Psychological services

Recreation

Rehabilitation counseling services

School health services

Social work services in schools

Speech-language pathology services

Transportation

If a child needs a particular related service in order to benefit from special education, the related service professional should be involved in developing the IEP. He or she may be invited by the school or parent to join the IEP team as a person "with knowledge or special expertise about the child."

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Transition Services
Transition refers to activities meant to prepare students with disabilities for adult life. This can include developing postsecondary education and career goals, getting work experience while still in school, setting up linkages with adult service providers such as the vocational rehabilitation agency--whatever is appropriate for the student, given his or her interests, preferences, skills, and needs. Statements about the student's transition needs must be included in the IEP after the student reaches a certain age:

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Needed transition services. Beginning when the child is age 16 (or younger, if appropriate), the IEP must state what transition services are needed to help the child prepare for leaving school.

Age of majority. Beginning at least one year before the child reaches the age of majority, the IEP must include a statement that the student has been told of any rights that will transfer to him or her at the age of majority. (This statement would be needed only in states that transfer rights at the age of majority.)

Measuring progress.
The IEP must state how the child's progress will be measured and how parents will be informed of that progress.

More information will be given about these IEP parts later in this guide. A sample IEP form will be presented, along with the federal regulations describing the "Content of the IEP," to help you gain a fuller understanding of what type of information is important to capture about a child in an IEP. It is useful to understand that each child's IEP is different. The document is prepared for that child only. It describes the individualized education program designed to meet that child's needs.

The school system schedules and conducts the IEP meeting. School staff must:

contact the participants, including the parents;

notify parents early enough to make sure they have an opportunity to attend;

schedule the meeting at a time and place agreeable to parents and the school;

tell the parents the purpose, time, and location of the meeting;

tell the parents who will be attending; and

tell the parents that they may invite people to the meeting who have knowledge or special expertise about the child.

Step 6. IEP meeting is held and the IEP is written.

The IEP team gathers to talk about the child's needs and write the student's IEP. Parents and the student (when appropriate) are part of the team. If the child's placement is decided by a different group, the parents must be part of that group as well.

Before the school system may provide special education and related services to the child for the first time, the parents must give consent. The child begins to receive services as soon as possible after the meeting.

If the parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP team and try to work out an agreement. If they still disagree, parents can ask for mediation, or the school may offer mediation. Parents may file a complaint with the state education agency and may request a due process hearing, at which time mediation must be available.

Step 7. Services are provided.
Step 8. Progress is measured and reported to parents.
The school makes sure that the child's IEP is being carried out as it was written. Parents are given a copy of the IEP. Each of the child's teachers and service providers has access to the IEP and knows his or her specific responsibilities for carrying out the IEP. This includes the accommodations, modifications, and supports that must be provided to the child, in keeping with the IEP.

The child's progress toward the annual goals is measured, as stated in the IEP. His or her parents are regularly informed of their child's progress and whether that progress is enough for the child to achieve the goals by the end of the year. These progress reports must be given to parents at least as often as parents are informed of their nondisabled children's progress.

Step 9. IEP is reviewed.

The child's IEP is reviewed by the IEP team at least once a year, or more often if the parents or school ask for a review. If necessary, the IEP is revised. Parents, as team members, must be invited to attend these meetings. Parents can make suggestions for changes, can agree or disagree with the IEP goals, and agree or disagree with the placement.

If parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP team and try to work out an agreement. There are several options, including additional testing, an independent evaluation, or asking for mediation (if available) or a due process hearing. They may also file a complaint with the state education agency.

Step 10. Child is reevaluated.

At least every three years the child must be reevaluated. This evaluation is often called a "triennial." Its purpose is to find out if the child continues to be a "child with a disability," as defined by IDEA, and what the child's educational needs are. However, the child must be reevaluated more often if conditions warrant or if the child's parent or teacher asks for a new evaluation.
http://www.ed.gov/pubs/edpubs.html
To obtain this publication in an alternate format (braille, large print, audio cassette, or disk), please contact Katie Mincey, Director of the Alternate Format Center, at (202) 260-9895, or via e-mail at Katie_Mincey@ed.gov.

This document is also available online at:

PDF (549K) MS Word (145K)

2. Introduction

3. The Basic Special Education Process Under IDEA

4. A Closer Look at the IEP

5. Contents of the IEP

6. Additional State and School-System Content

7. The IEP Team Members

8. Writing the IEP

9. Deciding Placement

10. After the IEP is Written

11. Implementing the IEP

12. Reviewing and Revising the IEP

13. What If Parents Don't Agree With the IEP?

14. Summary

15. Sample Form

16. Information Resources

17. Attachment A

Last Modified: 08/30/2019

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individualized education programs; special education; disabilities; special needs students;

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Archived: Guide to the Individualized Education Program

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The purpose of this archived guide is to assist educators, parents, and State and local educational agencies in implementing the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) regarding Individualized Education Programs (IEPs) for children with disabilities, including preschool-aged children.

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This website is worth checking out for academic resources and information. This particular link will take you to an IEP specific page that will help break down sections of the IEP.

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By: Peter W. D. Wright and Pamela Darr Wright

Editor's note: This article was published before the 2004 reauthorization of IDEA. While much of the law remains the same, some changes have been made to the language and procedures. We continue to offer this article because it provides valuable information that is still relevant to the current law. For more information on the recent changes, visit our 2004 IDEA Update page.

Introduction

If you are like many parents, when you receive a telephone call or letter inviting you to an IEP meeting, you respond with anxiety. Few parents look forward to attending IEP meetings. You may feel anxious, confused and inadequate at school meetings. What is your role? What do you have to offer? What should you do? Say? Not do?

Because they are not educators, most parents don't understand that they have a unique role to play in the IEP process.

Parents are the experts on their child.

Think about it. You spend hours every week in the company of your child. You make casual observations about your child in hundreds of different situations. You are emotionally connected to and attuned to your child. You notice small but important changes in your child's behavior and emotions that may be overlooked by others. You have very specialized knowledge about your child. This also helps to explain why your perspective about your child may be quite different from that of the educators who only observe your child in the school setting.

Why do parents feel so anxious, inadequate and intimidated in school meetings? Most parents seem to believe that because they are not "trained educators" – and don't speak "education jargon" – they have little of value to contribute to discussions about their child's education.

The "parental role"

Perhaps we can explain "parental role" more clearly if we change the facts to illustrate our point.

Think back to the last time your child was sick and you saw a doctor for medical treatment. You provided the doctor or nurse with information about the child's symptoms and general health. They asked you for your observations – because you are more familiar with your child.

Good health care providers elicit this kind of information from parents. They do not assume that unless parents have medical training, they have little of value to offer! When health care professionals diagnose and treat children, they gather information from different sources. Observations of the child are an important source of information. The doctor's own medical observations and lab tests are added to the information you provide from your own personal observations.

Do you need to be medically trained before you have any valid or important information to offer the doctor about your child's health? Of course not.

Decision-making: medical v. educational

To diagnose a child's problem and develop a good treatment plan, doctors need more than subjective observations. Regardless of their skill and experience, in most cases doctors need objective information about the child. Information from diagnostic tests provides them with objective information. When medical specialists confront a problem, they gather information – information from observations by themselves and others and from objective testing.

Special education decision-making is similar to medical decision-making. The principles are the same. Sound educational decision-making includes observations by people who know the child well and objective information from various tests and assessments.

In both medical and educational situations, a child is having problems that must be correctly identified. The Individualized Education Plan (IEP) is similar to a medical treatment plan. The IEP includes information about the child's present levels of performance on various tests and measures. The IEP also includes information about goals and objectives for the child, specifically how educational problems will be addressed. The IEP should also include ways for parents and educators to measure the child's progress toward the goals and objectives.

How to evaluate progress

Now, think back to that last time your child was sick and needed medical attention. You left the doctor's office with some sort of plan – and an appointment to return for a follow-up visit. When you returned for the follow-up visit, you were asked more questions about how your child was doing – again, you were asked about your observations. This information helped the doctor decide whether or not your child was responding appropriately to treatment. If you advised that your child was not responding to the treatment and continued to have problems, then the doctor knew that more diagnostic work was needed and that the treatment plan may need to be changed.

Special education situations are similar to medical situations – except that these decisions are made by a group of people called the IEP Team or IEP Committee. As the parent, you are a member of the IEP team. Before the IEP Team can develop an appropriate plan (IEP) for your child, the child's problems must be accurately identified and described.

To make an accurate diagnosis, the IEP team will need to gather information from many sources. This information will include subjective observations of the child in various environments – including the home environment and the classroom. The information should also include objective testing. Objective testing needs to be done to measure the extent of the child's problems and provide benchmarks to measure progress or lack of progress over time.

If your child receives special education services, you know that a new educational plan or IEP must be developed for your child at least once a year. Why is this?

Children grow and change rapidly. Their educational needs also change rapidly. In many cases, the IEP needs to be revised more often than once a year. Parents and educators can ask for a meeting to revise the IEP more often than once a year – and new IEPs can be developed as often as necessary.

The child's educational plan, i.e. the IEP, should always include information from objective testing and information provided by people – including the parents and teachers – who observe the child frequently.

What should be in my child's IEP?

The IEP should accurately describe your child's learning problems and how these problems are going to be dealt with.

One of the best and clearest ways to describe your child's unique problems is to include information from the evaluations. The IEP document should contain a statement of the child's present levels of educational performance. If your child has reading problems, the IEP should include reading subtest scores. If your child has problems in math calculation, the IEP should include the math calculation subtest scores. To help you understand what these scores mean, you should read our article "Understanding Tests and Measurements."

Goals and objectives

The IEP should also include a statement of measurable annual goals, including benchmarks and short- term objectives. The goals and objectives should be related to your child's needs that result from the disability and should enable your child to be involved in and progress in the general curriculum. The goals and objectives should meet other educational needs that result from your child's disability.

The IEP goals should focus on reducing or eliminating the child's problems. The short term objectives should provide you and the teacher with ways to measure educational progress. Are reading decoding skills being mastered? How do you know this? An IEP should include ways for you and the teacher to objectively measure your child's progress or lack of progress (regression) in the special education program.

In our work, we see many IEPs that are not appropriate. These IEPs do not include goals and objectives that are relevant to the child's educational problems. In one of our cases, the IEP for a dyslexic child with severe problems in reading and writing, included goals to improve his "higher level thinking skills," his "map reading skills" and his "assertiveness" – but no goals to improve his reading and written language skills. This is a common problem – IEP goals that sound good but don't address the child's real problems in reading, writing or arithmetic.

If you take your child to the doctor for a bad cough, you want the cough treated. You won't have much confidence in a doctor who ignores the cough – and gives you a prescription for ulcer medicine!

Measuring progress: Subjective observations or objective testing?

Let's return to our medical example. Your son John complained that his throat was sore. You see that his throat is red. His skin is hot to the touch. He is sleepy and lethargic. These are your observations.

Based on concerns raised by your subjective observations, you take John to the doctor. After the examination, the doctor will add subjective observations to yours. Objective testing will be done. When John's temperature is measured, it is 104. Preliminary lab work shows that John has an elevated white count. A strep test is positive. These objective tests suggest that John has an infection.

Based on information from subjective observations and objective tests, the doctor develops a treatment plan – including a course of antibiotics. Later, you and John return – and you share your ongoing observations with the doctor. John's temperature returned to normal a few days ago. His throat appears normal. These are your subjective observations.

Subjective observations provide valuable information – but in many cases, they will not provide sufficient evidence that John's infection is gone. After John's doctor makes additional observations – she may order additional objective testing. Why?

You cannot see disease-causing bacteria. To test for the presence of bacteria, you must do objective testing. Unless you get objective testing, you cannot know if John's infection has dissipated.

By the same token, you will not always know that your child is acquiring skills in reading, writing or arithmetic – unless you get objective testing of these skills.

How will you know if the IEP plan is working? Should you rely on your subjective observations? The teacher's subjective observations? Or should you get additional information from objective testing?

Is your child "really making progress?"

We have worked with hundreds of families who were assured that their child was "really making progress." Although the parents did not see evidence of this "progress," they placed their trust in the teachers. After their child was evaluated, these parents were horrified to learn that their suspicions were correct – and the professional educators were wrong.

In one of our cases, Jay, an eight year old boy with average intelligence, received special education services for two years – through all of kindergarten and first grade. Jay's parents felt that he was not learning how to read and write like other children his age. The regular education and special education teachers repeatedly assured the parents that Jay was "really making progress." The principal also told the parents that Jay was "really making progress."

After he completed first grade, the parents had Jay tested by a private sector diagnostician. The results of the private testing? Jay's abilities were in the average to above average range. His skills in Reading and Written Language were at the early to mid-Kindergarten level. After two years of special education, Jay had not learned to read or write.

When teachers tell you that your child is "making progress," that teacher is giving you an opinion based on subjective observations. As you just saw in Jay's case, opinions and subjective observations may not give you accurate information.

If you have questions or concerns about whether your child is really making progress, you need to get objective testing of the academic skills areas – reading, writing, arithmetic and spelling. After you get the results of objective testing, you will know whether or not your child is really making progress toward the goals in the IEP.

The IEP: The "Centerpiece" of Special Education Law

The IEP has been called the "centerpiece" of the special education law. As you read through this article, you will learn more about the law – and the rights that insure that all children who need special education receive appropriate services. You will read about cases that have been decided around the country. Each of these cases is having an impact on the special education system today – improving the quality of special education services for all handicapped children – including your child.

After you learn about the law, regulations and cases, you will know how to write an IEP. If the IEP is written properly, you will be able to measure your child's progress.

We said this earlier – and it bears repeating. If you measure your child's progress – using objective measures – you will know whether your child is actually learning and benefiting from the program. If objective testing shows that your child is not learning and progressing as expected, then you know that the educational plan is not appropriate and your child is regressing.

If your child is not learning and making progress – with progress measured objectively – the IEP should be revised. (For more information about revising the IEP if child does not make progress, see Appendix A of the Regulations).

Read our companion article: Understanding Tests and Measurements for the Parent and Advocate. When you master the information in these articles, you'll be on your way to developing good IEPs for your child.

Law & regulations

The IDEA statute was amended in June, 1997. When the Individuals with Disabilities Education Act (IDEA) was amended, changes were made in the section about "Individualized Educational Programs." The new federal regulations were issued in March, 1999. You will find helpful information about IEPs in the Code of Federal Regulations (CFR) and Appendix A of the Regulations.

(NOTE: The IDEA statute, regulations and Appendix A are in Wrightslaw: Special Education Law. The Regulations and Appendix A are also on the Wrightslaw site. The Regulations page is at www.wrightslaw.com/law/code_regs/Index_IDEA_Regs_990313.htm

Legal decisions

To help educate you about IEPs and what they should include, we are including information from actual cases. Each case was selected to illustrate specific points about IEPs. After you read this section, you will have a clear understanding about the law and IEPs.

Board of Educ. of the Hendrick Hudson Central Sch. Dist. v. Rowley 458 U. S. 176 (1982)

In 1982, the United States Supreme Court issued its first special education decision in Board of Education of the HendricHudson Central School District v. Rowley, 458 U. S. 176 (1982).

When the Supreme Court heard her case, Amy Rowley was a first grade child who was also deaf. Before Amy entered first grade, her parents asked that Amy be provided with a sign language interpreter. Although Amy could lip read, the parents asserted that an interpreter would enhance her ability to learn.

The Supreme Court decided that Amy did not need a full-time sign language interpreter at that time. They wrote that Amy was "a remarkably well-adjusted child" who performed "better than the average child in her class and is advancing easily from grade to grade." Although Amy was not performing as well as she would if not for her handicap, the Court concluded that the law did not require public schools to furnish "every special service necessary to maximize each handicapped child's potential."

Public schools often use the Rowley decision to justify their refusal to provide children with a program that does more than permit "grade to grade" advancement. All too often, schools lower expectations for special education children, "dummy down" the curriculum, and "socially promote" the children. Then, they assert that because the child is progressing from grade to grade, this proves that the child does not need more intensive services, including remediation in reading, writing and arithmetic.

"Educational benefit" – How much is enough?

In Rowley, the Supreme Court wrote that the child's individualized educational program (IEP) should be "reasonably calculated" to enable the child to receive "educational benefit." Since the Rowley decision was issued in 1982, parents and school officials have often disagreed about "educational benefit" – and how much educational benefit is "enough." Courts have found that because children with disabilities have "unique" needs, decisions about "how much is enough" must be made on a case by case basis. As noted in the U.S. District Court's opinion, (483 F. Supp 536. (S.D. NY 1980)) Amy Rowley's standardized test scores were at the 70 th to 80 th percentile ranks in comparison to her peer group. Average is at the 50 th percentile rank. On the testing, she scored two to four grade levels above her peers.

Sometimes, disagreements about educational benefit are called "Cadillac-Chevrolet" disputes. Remember: In Rowley, the Supreme Court ruled that children are entitled to an appropriate education (i.e. a Chevrolet), not the best education money can buy (a Cadillac). One Ohio Hearing Officer wrote that the child was entitled to a Chevrolet – and the school district gave him a lemon! ( Fayetteville-Perry Sch. District, 20 IDELR 1289 (SEA OH 1994))

Hall v. Vance County Bd. of Education

In 1983, a landmark decision was issued in North Carolina. Later, this decision was affirmed by the Fourth Circuit.

In Hall v. Vance County Bd. of Education, (1983-1984 EHLR DEC. 555:437 (E.D. NC 1983), affirmed at 774 F.2d 629, (4 th. Cir. 1985)) Judge Dupree described the situation faced by young James Hall:

James A. Hall, IV is suffering from a severe learning disability known as dyslexia, a neurological disorder which manifests itself as a reading disability where the reader can neither decipher nor comprehend the symbols on a written page. There is presently no cure for dyslexia, rather, the leader must learn to cope with the disability and to develop alternate methods of unscrambling the symbols.

Beginning at the kindergarten level, James attended public school in Vance County, North Carolina for six years.

From the beginning, James had academic problems. The school district evaluated him and they found that although he had good intellectual ability, his reading skills were very poor. There was a big gap between James' ability and his reading skills. The school district offered an IEP that provided James with 30 minutes of small group instruction twice a week.

Think back to our discussion of educational benefit. What do you think of this plan – to provide James with tutoring in a small group twice a week for 30 minutes? Will this provide James with educational benefit from which he could truly learn how to read?

In his decision, Judge Dupree wrote that although James received special education in his public school (the small group instruction twice a week), his academic problems did not improve – and he developed more problems. In his decision, the judge discussed these problems:

He was not only developing a "school phobia" characterized by frequent absences, but also was not mastering basic competency skills such as identifying which restroom was for "gentlemen" of "ladies" or the ability to go to the store to make small purchases at his mother's request.

In May, 1980, the end of James' fourth grade year, James was again administered a battery of tests. The scores of this test compare with the December, 1978 test as follows:

Thus in three semesters of work under the IEP James had little or no grade improvement in his primary area of deficiency and had yet to improve over one-half a year total. However, during this time, he was promoted from the third grade to the fourth grade and then from the fourth grade to the fifth grade.

With the new results at hand, a new IEP was developed which employed similar procedures followed the past three semesters. At this stage James had been subjected to at least three sets of tests over several years all of which indicated that he had a high overall intelligence with good mathematical skills, yet was unable to read. With James still unable to read past the second grade level though promoted to the fifth grade with virtually the identical IEP which had been employed over the past three semesters, the parents, approaching desperation, decided to enroll James in a private school for the 1980-81 school year.

Use objective tests to measure educational benefit

STOP: Re-read the above paragraphs again!

These paragraphs are taken from the decision in James' case. You can see that Judge Dupree used information from educational achievement tests to measure educational benefit. He compared James' scores on the December 1, 1978 test and the scores on the May 12, 1980 test after eighteen months of special education. Comparing the test scores, the judge concluded that:

...in three semesters of work under the IEP James had little or no grade improvement in his primary area of deficiency and had yet to improve over one-half a year total.

James' scores on educational achievement tests provided Judge Dupree with proof that James made little progress in the public school program – although he "passed." In fact, although James was passed from the third grade to the fourth grade and on to the fifth grade, his reading skills remained at the second grade level. Passing from grade to grade did not mean that James Hall had learned how to read.

In despair, James' parents withdrew him from the public school program and enrolled him in Oakland School. Oakland is a small special education school in Virginia that specializes in providing educational remediation to children like James – children who have learning disabilities. After James attended Oakland for a few months, he was re-tested. The new testing showed that his reading and spelling skills had increased by more than one grade level.

Judge Dupree awarded reimbursement to James' parents for his education at Oakland. He found that the IEPs developed by Vance County did not provide James with an appropriate education – an education from which the child benefited. He also decided that James was receiving an appropriate education at Oakland School. What facts supported Judge Dupree's decision?

After James enrolled at Oakland, his educational program changed. New educational testing a few months later showed that James was learning how to read. He made more than one year of progress after just a few months. Judge Dupree cited the new educational scores in his decision – James was receiving an appropriate education at Oakland School.

If your child receives special education, then your child should have been tested with educational achievement tests. Have you obtained a complete copy of your child's file? Do you have all of the actual test scores and the written narrative that explains the scores? If you have the actual test scores, then you can do exactly what Judge Dupree did.

First, you need to make a list of all the different tests done on your child (most tests are made up of several subtests). Using a highlighter, mark any of the tests or subtests that have been given more than once. Some of the commonly administered educational achievement tests are the Woodcock-Johnson, the Kaufman (KTEA), the Wechsler Individual Achievement Test (WIAT) and the Wide Range Achievement Tests (WRAT). The Wechsler Intelligence Scale for Children, Third Edition (WISC-III) is the most commonly given intelligence test.

Next, make a list of repeated tests – any tests or subtests that have been given more than once. You will be charting out subtests that are the same or similar – tests of reading decoding skills or reading comprehension skills, math calculation skills, and so forth.

You need to understand that subtests or composite scores do not necessarily measure what they seem to measure. For example, the reading score on the Wide Range Achievement Test actually measures the child's ability to recognize and pronounce individual words out of context. Many refer to it as a "word recognition" test.

On the Woodcock-Johnson achievement tests, the reading measures may actually measure the child's ability to identify specific letters and words and fill in the blanks on words that may be missing from a paragraph. A score reported as "passage comprehension" may actually measure the child's ability to intelligently "guess" what the passage of text is about by recognizing some of the words in the passage. The child may not being able to read many of these words.

In the Gray Oral Reading Test, the child reads a paragraph out loud. The evaluator assesses the rate, accuracy and comprehension. This provides a more accurate, meaningful assessment of the child's actual reading abilities. It is important that you understand what tests are administered and what the tests truly measure.

Next, you need to chart out progress – using the repeated subtest scores. After you chart out your child's educational scores, you will have a much clearer idea as to whether or not your child is benefiting from the special education program – and whether the IEP is providing an appropriate education.

Burlington v. Dept. of Educ. for the Commonwealth of Mass.

In 1985, the Supreme Court issued a ruling in a special education case that originated in Massachusetts. Burlington (471 U.S. 359 (1985)) was the second important special education case heard by the Supreme Court. In Burlington, the Supreme Court decision addressed IEPs and what IEPs should include:

The free appropriate public education (FAPE) mandated by the Individuals with Disabilities Education Act (IDEA) is designed for the specific needs of the child through the Individualized Educational Program (IEP) which is "a comprehensive statement of the educational needs of a handicapped child and the specially designed instruction and related services to be employed to meet those needs."

Case law supports our position that an adequate IEP is essential. But what is "adequate?" How much "benefit" is enough? Let's take a look at some more case law.

Is the IEP "adequate?"

In 1985, a Federal Judge in New York found that an IEP was adequate because:

...specific goals to which Glen's grade level are to be raised are listed in all areas of reading, verbal skill and math. Romeo v. Ambach, 1984-1985 EHLR DEC. 556:488 (E.D. NY 1985).

Parents take note: In this case, the objective tests were changes in the child's grade equivalent scores. The judge in James Hall's case also used grade equivalent scores.

Is the IEP "sufficient?"

In 1988, the Idaho Supreme Court found that the Boise school system had not offered or provided a free, appropriate education (FAPE) because they did not develop an IEP that was "sufficient." The IEP was not "sufficient" because it did not specify the criteria and evaluation procedures that would be used to determine whether the IEP goals were being met. The Idaho Court noted that:

Above all else, Congress recognized that handicapped children are unique and that placement decisions must be made on an individual basis, by a multidisciplinary team, according to a variety of criteria "...The importance of the IEP cannot be understated. It is the decision making document." ( Thornock v. Boise Independent School District #1, ___ Idaho Sup. Ct. ___, 767 P. 2d 1241, 1987-1988 EHLR DEC. 559:486 (1988)).

The Court found that the two IEPs proposed by the school district were not sufficient because they did not include "...goals, objectives and appropriate objective criteria and evaluation procedures and schedules for determining, on at least an annual basis, whether 'instructional objectives are being achieved' as required by 20 U.S.C. Sec. 1401(19)...Because of the flaws in Gabriel's IEPs, the districts' failure to acknowledge the deficiencies of the IEPs it promulgated...we affirm the decision of the district court ... Without a valid IEP, there can be no FAPE, see 20 U. S. C. Sec. 1401 (18), and therefore 34 C. F. R. Sec. 300.403(a) indicates that (private school tuition) reimbursement is appropriate."

Subjective teacher observations

In 1985, New Jersey District Court Judge Sarokin reversed the decisions of two Administrative Law Judges in a case that involved a hearing impaired child. He found that the school district's evaluations of Alisa fell "woefully short" because they relied on subjective "teacher observations," not objective or "scientific" test data:

They were based almost solely upon observation ... assessment consisted of primarily non-standardized tasks and procedures ... no scientific test results seem to have been considered ... Thus, but one procedure – teacher evaluation – was utilized. Such procedures lacked scientific validity, in that they were not systematic, were limited to a narrow range of behavior and were not confirmed by recent test data, and thus tended toward discriminatory evaluation, i.e., evaluation that is biased, in this case against deaf children ... The Court finds that this method of assessment does not meet the requirements of the EAHCA, or its regulations. ( Bonadonna v. Cooperman, 619 F. Supp. 975, 1985-1986 EHLR DEC. 557:178, 183 (D. NJ 1985)).

How should educational progress be measured?

In our work with parents and children, we have seen hundreds of IEPs that define "progress" by subjective teacher observations, not objective testing of the child's skills. As you saw in Jay's case, serious problems often come about when educational decisions are made on the basis of subjective observations. These problems have grave consequences for the child.

In 1989, the New Jersey Supreme Court awarded tuition reimbursement to parents of a child who had dyslexia. (see Lascari v. Board of Education of the Ramapo Indian Hills Regional High School District, 560 A.2d. 1180, EHLR 441:565, (NJ 1989)) . This is what the Court had to say about the public school IEP:

As previously indicated, the purpose of the IEP is to guide teachers and to insure that the child receives the necessary education. (See 34 C.F.R. § 300.346)...

Without an adequately drafted IEP, it would be difficult, if not impossible, to measure a child's progress, a measurement that is necessary to determine changes to be made in the next IEP. Furthermore, an IEP that is incapable of review denies parents the opportunity to help shape their child's education and hinders their ability to assure that their child will receive the education to which he or she is entitled.

Consequently, the shortcomings that rendered John's program incapable of review also rendered it inappropriate ... [Quoting the classification officer] 'Equally unclear is how any goals or progress was to be measured or decided.' The officer continued: "All teacher remarks are found to be subjectively based ... [T]he goals and objectives of the IEP for 1980-81 and the proposed plan for 1981-82 are so vague that they were meaningless."

In 1990, a federal court in Alabama court struck down another public school IEP. Why? The Judge wrote:

Like Cory's previous IEP's, the new plan included only broad, generic objectives and vague methods for monitoring Cory's progress.

(Reference to footnote 14, as follows) For example, the first objective in Cory's new IEP, provided, in standard form: "The student will maintain a/an ___% average in math on the 3 rd grade level," with "80" written in the blank space, and stated that Cory would be evaluated by reference to his "Daily work" and "Chapter tests." ( Chris D. and Cory M. v. Montgomery County Board of Education, 753 F. Supp. 922, 17 IDELR 267, 269, 273 (M.D. Ala. 1990))

A few months later, a Nebraska District Court upheld a public school IEP because the IEP did contain appropriate goals and objectives. ( French v. Omaha Public Schools, 766 F. Supp. 765, 17 EHLR 811, (D. Neb. 1991))

This Nebraska case analyzes IEP goals and objectives in accordance with Appendix C. The Court noted that the IEP included very specific test data, including percentile ranks and grade equivalent scores to describe the child's present levels of performance.

In 1993, a three judge panel in Pennsylvania reviewed a child's IEP and found that:

The IEP did not meet substantive requirements because, even if it conferred some educational benefit for Hope ... it was not individualized to meet her social and emotional needs.

The Appeals Panel listed the factors that Hope's IEP lacked – including present levels of functioning, individualized behavior modification plan, objective criteria, assessment procedures or timeliness to determine when goals were achieved, annual goals written for Hope rather than general ones written for all students in the class, and related services to address Hope's social and emotional needs.

The IEP was written in a general fashion for students attending LD classes and did not address Hope's individual disability. (Big Beaver Falls Area School District v. Jackson, __ Pa. __, 615 A. 2d 910, 19 IDELR 371, 373 (Pa. Commw. 1993))

Shannon Carter v. Florence County School District Four

In 1991, a federal judge in South Carolina issued his decision in Shannon Carter's case. In his decision, ( Shannon Carter v. Florence County School District Four, 17 EHLR 452 (D. Ct. SC 1991)). Judge Houck wrote that:

This evaluation [of Shannon] indicates a serious learning disability, with a variance between Shannon's verbal IQ and performance IQ of 36 points. Various subtests administered ... yielded reading ability levels from 4.7 grade level equivalency to a 6.8 level. (at 453)

Shannon suffers from a serious and significant learning disability ... Shannon's learning disability is on the severe end of the scale. According to Shannon's parents and Dr. Grant, Shannon also suffered from significant emotional overlay manifested by depression, feelings of low self worth and self-esteem. Shannon entered Trident Academy in the fall term of 1985 as a functional illiterate. (at 453)

How did Shannon's case begin?

First, the school district refused to provide Shannon with any help – they insisted that Shannon was lazy and unmotivated and that she was "choosing" not to read. After constant pressure from her parents and private sector experts, Florence County finally proposed an IEP for Shannon that would increase her reading from a 5.4 level to a 5.8 level and her mathematics from a 6.4 level to a 6.8 level – in one year. At that time, Shannon was about to enter 10 th grade.

In his ruling for Shannon and her parents, Judge Houck wrote that this IEP was not appropriate for Shannon:

Even if all of the goals of the document had been met, Shannon would continue to fall behind her classmates at an alarming rate ... progress of only four months in her reading and math skills over an entire school year ensured the program's inadequacy from its inception.

There appears no doubt, then, that the Carters were entitled to withdraw their child from the public school because of its failure to provide a FAPE. (at 455)

The school district appealed the District Court decision to the United States Court of Appeals for the Fourth Circuit. After the school district lost, they appealed to the United States Supreme Court. In a unanimous decision issued just thirty-four days after oral argument, the Supreme Court affirmed the lower court rulings and ordered that Shannon's parents be reimbursed for her private school education at Trident Academy.

Alex Gerstmyer v. Howard County Public Schools

After the Supreme Court issued the decision in Carter, an interesting case arose in Columbia, Maryland. This case involved Alex Gerstmyer, a 6 year old child who also had dyslexia. Although Alex had "red flag" problems in Kindergarten, the staff at Alex's school waited before testing him – they thought that he might "grow out of his problems."

When Alex began first grade, he had still not been evaluated. There was no IEP in place for him. Alex quickly realized that he was different from the other children – he was not learning how to read. At home, he was distraught and said that he was "stupid." His alarmed parents had him evaluated by a private sector psychologist – this testing confirmed that Alex had dyslexia.

Later in the Fall, the public school did propose an IEP. The parents felt that the IEP was vague and did not provide Alex with the help he needed to overcome his dyslexia. Alex was becoming more upset by the day – saying that he was stupid and didn't want to live. Presented with an inadequate IEP for their son, his parents removed him from the public school program and placed him into a Montessori school (non- special education school) and asked for tuition assistance. ( Gerstmyer v. Howard County Public Schools, 850 F. Supp. 361, 20 IDELR 1327 (D. MD 1994)

In his decision, Judge Motz described the public school IEP as "... nothing more than a collection of forms prepared for other students stating only general goals and not at all tailored to Alex's special needs."

Because the IEP was not tailored to Alex's unique needs as a child with dyslexia, Judge Motz awarded Alex' parents reimbursement for their son's education at the Montessori school.

Evans v. Board of Educ. of Rhinebeck Cent. Sch. Dist.

An excellent and frequently quoted case about IEPs comes from New York – and involves another child with dyslexia.

In Evans v. Board of Educ. of Rhinebeck Cent. Sch. Dist.,930 F. Supp. 83, 24 IDELR 338, (S.D. N.Y. 1996), Judge Parker overturned earlier administrative rulings and awarded Frank's parent with reimbursement for his tuition at The Kildonan School. In his decision, Judge Parker discussed dyslexia and the educational techniques used to treat this condition. Quoting Appendix C of the Code of Federal Regulations, he discussed the problems of vague IEPs where the child's progress cannot be measured objectively:

[The IEP]...wholly failed to identify his particular areas of deficit and was based on information that was at least ten months old, I still find that the IEPs did not adequately set forth strategies for evaluating progress, in violation of 20 U.S.C. &sect; 1401(a)(19) and 34 C.F.R. &sect; 300.346(a)(2). The Act's requirement of periodic and individualized assessments of each handicapped child evinces a recognition that children develop quickly and that a placement decision that may have been appropriate a year ago may no longer be appropriate today.

Appendix C defines "short term instructional objectives" as "measurable, intermediate steps between a handicapped child's present level of educational performance and the annual goals that are established for the child." The objectives are to "serve as milestones for measuring progress toward meeting the [annual] goals." They "provide a mechanism for determining...whether the child is progressing in the special education program...and whether the placement and services are appropriate to the child's special learning needs. In effect, these requirements provide a way for the child's teacher(s) and parents to be able to track the child's progress in special education." 34 C.F.R. Chapter 3, Appendix C, question 37.

The IEPs include only broad, generic objectives and vague, subjective methods for monitoring Frank's progress. For example, the first goal in Frank's October 1994 IEP provided that he would be evaluated on the listed objectives by reference to "teacher observation" and "80% accuracy." With reference to the second goal, the October 1994 IEP provided that Frank would be evaluated by "teacher observation" and "80% success."

Although the IEP repeatedly incants these phrases – "teacher observation," "80% success" – because there is little indication of what Frank's level of success was when the IEP was written, it fails to specify strategies for adequately evaluating Frank's academic progress and determining which teaching methods are effective and which need to be revised ... with regard to the June 1994 IEP, which used the same mantra to a large extent, that it did not set forth measurable criteria to assess progress. (at IDELR 345,346)

Practical Guidance For Parents

What do these cases mean to you – a typical, average parent – a parent who gets a knot in your stomach when you think about going to an IEP meeting?

First, you know that the IEP should include ways for you to measure your child's progress in special education – and that this progress should be measured objectively.

You saw that Judge Dupree charted out James Hall's educational achievement test scores to measure the boy's progress in the public school special education program. After he charted out James' scores, the judge realized that James' test scores had not improved much in his weak academic areas – especially reading.

James' failure to make progress – as shown by the educational achievement tests – proved that the public school program was not appropriate. After James transferred to Oakland School, his test scores rose. This improvement showed that James was receiving an appropriate education at Oakland School.

In Shannon Carter's case, Florence County proposed an IEP where, after a full year of special education, Shannon would make just four months of progress in reading and mathematics. Judge Houck wrote that this goal was "wholly inadequate." The Fourth Circuit wrote that "a goal of four months' progress over a period of more than one year was rather modest for a student such as Shannon and was unlikely to permit her to advance from grade to grade with passing marks."

And in Frank Z.'s case, Judge Parker's decision shows that he was distressed to see that Frank's "progress" was being measured by subjective teacher observations.

School districts often propose IEPs where the child's progress is measured by subjective "teacher observation" and "teacher made tests." "Teacher observation" does not measure a child's progress adequately.

Skills like reading, writing and math can and should be measured by objective testing.

"You can't fail special ed!"

In many cases, kind, well-meaning teachers work hard to teach their students. Teachers may believe that your child is "really making progress" when this is not the case. You saw how this affected Jay. After two years of special education, Jay had not learned how to read or write. Yet, Jay's teachers sincerely believed that he was "really making progress."

Teacher assessments of a child's progress are subjective assessments by a person who has a strong personal and emotional interest in the outcome.

"My child is receiving passing grades"

Your child is receiving passing grades – or good grades. As a parent, can't you rely on grades to advise you about your child's progress?

In 1994, the Department of Education released the results of studies about grading practices in public schools. What did they learn?

The average grade in middle school English and Math is a "B." Most middle school children receive grades of "C" or higher in English and Math.

Grade inflation is a serious problem. Parents cannot assume that "passing grades" shows that their child is making real academic progress. You must see that your child's progress is measured objectively. When you compare the results of objective testing over time, you will know whether your child is making measurable progress toward his IEP goals.

Appendix A: A powerful tool for parents

In March, 1999, Appendix A replaced Appendix C. Appendix A includes 40 Questions and Answers about IEPs. In Appendix A, you'll find answers to questions about what your child's IEP should include, how the IEP should be developed, when the IEP should be revised, and clarification of the parental role.

Let's take a look at some of the Questions from Appendix A.

What is the parent's role in the IEP process?

"The parents of a child with a disability are expected to be equal participants along with school personnel, in developing, reviewing, and revising the IEP of their child." This role is an active role in which the parents

(1) provide critical information regarding the strengths of their child and express their concerns for enhancing the education of their child;

(2) participate in discussions about the child's needs for special education and related services and supplementary aids and services; and

(3) join with the other participants in deciding how the child will be involved and progress in the general curriculum and participate in State and district-wide assessments, and what services the agency will provide to the child and in what setting. (Question 5)

What must be included in the IEP?

Present Levels of Educational Performance

Section 300.347(a)(1) requires that the IEP for each child with a disability include: "a statement of the child's present levels of educational performance, including (i) how the child's disability affects the child's involvement and progress in the general curriculum..."

Measurable Annual Goals, Including Benchmarks or Short-Term Objectives

"As noted above, each annual goal must include either short-term objectives or benchmarks. The purpose of both s to enable a child's teacher(s), parents, and others ... to guage, at intermediate times during the year, how well the child is progressing toward achievement of the annual goal."

"The revised statute and regulations also provide that ... IEP teams may develop benchmarks, which can be thought of as describing the amount of progress the child is expected to make within specified segments of the year ... benchmarks establish expected performance levels that allow for regular checks of progress ... " (Question 1)

Must the school inform parents about their child educational progress?

"Yes. [The law and regulations] include a number of provisions to help ensure that parents are ... informed abut their child's educational progress ... "

"First, parents will be informed regarding their child's present levels of educational performance through the development of the IEP." (Section 300.347(a)(1)

"Further, Sec. 300.347(a)(7) sets forth new requirements for regularly informing parents about their child's educational progress, as regularly as parents of nondisabled children are informed of their child's progress." This section requires that the IEP include:

A statement of:

(i) How the child's progress toward the annual goals will be measured; and (ii) How the child's parents will be regularly informed (by such means as periodic report cards), at least as often as parents are informed of their nondisabled children's progress of – (A) their child's progress toward the annual goals; and (B) The extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year.

"Finally, the parents, as part of the IEP team, will participate at least once every 12 months in a review of their child's educational progress." (Question 10)

The IEP Must Be Revised If Child Does Not Make "Expected Progress"

The school must initiate and conduct meetings periodically, but at least once every twelve months, to review each child's IEP, in order to determine whether the annual goals are being achieved, and to revise the IEP, as appropriate, to address:

(1) Any lack of expected progress toward the annual goals and in the general curriculum ... (Question 20)

Appendix A

Appendix A is an important tool to use when developing a child's IEP. You can download Appendix A from the Wrightslaw site at
www.wrightslaw.com/law/code_regs/IDEARegs_AppendixA.htm
You can also get Appendix A and other resources at The National Information Center for Children and Youth with Disabilities (NICHCY): www.nichcy.org

Get a complete list of the special education publications from NICHCY.

How to develop an IEP that measures your child's progress objectively

You say – "I'm still confused. The IEPs that have been developed for my child don't include objective measures of progress. How can they be written differently? How will I know whether he is actually making progress?"

Change the facts. Assume that you have an 8 year old son named Mike. Mike is upset – he didn't pass the President's Physical Fitness Test. Mike tells you that he wants to pass the test next year. He asks you to help.

You learn that there are specific criteria that children must meet to pass the President's Physical Fitness Test. The children's performance on various activities is measured objectively. You check Mike's scores. Mike ran the 50 yard dash in the specified time, completed 12 (out of an expected 25) sit-ups, and performed no pull-ups.

Now, you and Mike know what he will need to do to accomplish his goal and qualify for the President's Physical Fitness Award. You help him develop a training plan that includes short term objectives that focus on remedying his areas of weakness (i.e. sit-ups, pull-ups) while maintaining or improving his running ability.

When Mike takes the President's Physical Fitness Test, his performance on the various tests is measured objectively. His running speed over a specific distance is be measured with a stopwatch. His ability to do the required sit-ups and pull-ups is measured by counting them. Because these measurements are objective, anyone who observes this testing will know if Mike meets the criteria for the Award.

Kevin and keyboarding

Let's look at an IEP goal where progress toward the goal is measured subjectively and objectively.

Our IEP goal says that "Kevin will learn keyboarding [or typing] skills."

If Kevin's progress toward this goal is measured subjectively, his IEP may state that Kevin's progress toward learning keyboarding or typing will be determined by "Teacher Judgment" or "Teacher Observation" or "Teacher-made Tests" with a score of "80%" as the criteria for success.

If the IEP is written properly, measuring progress objectively, the IEP may say "By the end of the first semester, Kevin will touch-type a passage of text 15 words per minute with not more than 5 errors on a 5 minute test. By the end of this academic year, Kevin will touch type a passage of text for 5 minutes at 35 words per minute with not more than 5 errors."

Megan and reading

Let's look at Megan who is having trouble learning to read. Megan is in the fifth grade. According to educational achievement tests, her reading decoding skills are at the beginning second grade level. Megan's parents request special education services to remediate their daughter's reading problems. How will her parents know if Megan is benefiting from the special education program?

If Megan is being appropriately educated, her test scores in reading will begin to improve as she goes through the process of remediation. An appropriately written IEP should indicate that after a year of remediation, Megan will make progress toward closing the gap between her ability and her problems in reading, and that her educational progress will be measured objectively with educational achievement tests.

The IEP may state that after a year of specialized instruction "Megan will be reading at the 4 th grade level as measured by her scores on the Reading subtests of the Woodcock-Johnson Achievement Test." During the next year, Megan's IEP should include more goals in reading – with the ultimate goal of closing the gap between Megan's ability and her reading skills.

Parents can use percentile ranks in the IEPs, instead of grade equivalent scores.

Let's assume that Megan's reading test scores show that she is reading at the bottom 10 th percentile, when compared to other children her age. After a year of appropriate special education, Megan probably will not be reading at the 50 th percentile level (i.e. the "average" level for children her age). An objective may state that after a year of special education, "Megan will be reading at the 25 th percentile level" If Megan moves to the 25 th percentile level in reading, she be making progress toward closing the gap.

Although Megan's reading skills are still below average, you see that she is making steady progress. Megan's progress in reading is being measured objectively with standardized tests. Her progress is reported with numbers that can be compared over time.

First steps

List your child's weaknesses, i.e., writing, arithmetic, spelling, typing, etc. Next, list your child's present levels of performance in objective measurable terms. For example :

Present Levels: My child reads a passage of text orally at the XYZ grade equivalent level as measured by the Gray Oral Reading Test (GORT).

or

My child is reading a passage of text orally at the XYZ percent level as measured by the GORT.

These examples apply to all disabilities – learning disabilities, autism, speech language deficits, mental retardation, cerebral palsy. You need to know specifically where the child's deficits are, what skills are deficient, what behavior needs to be changed.

The starting point should be observable and measurable percentile ranks, grade equivalents, age equivalents or standard scores. Where should this skill be in one year later? Use objective measurable terms, not subjective terms.

Write down a goal that your child should achieve after one year of an appropriate special education. (Special education should be designed to remediate the child's weaknesses.)

Sample goal

By May 15, [one year later], my child will be able to read a passage of text orally at the XYZ [insert the appropriate increased level here] grade equivalent level as measured by the GORT.

or

By May 15, [one year later], my child will be able to read a passage of text orally at the XYZ [insert the appropriate increased level here] percent level as measured by the GORT.

Now, you have an objective measurable starting point and ending point, using norm referenced data. How do you get from Point A to Point B?

Your map from Point A to Point B includes short term objectives and/or benchmarks. To learn more about appropriate goals, objectives and benchmarks, you need to read publications about your child's specific disability. As you become more knowledgeable, you'll learn how to write objectives and benchmarks that lead to the annual goal.

Your child's IEP should measure learning – objectively

Learning is change. Changes in academic skills can be measured objectively. Your child's test scores are like a series of photographs – they show that the child is learning and acquiring new skills or knowledge.

Remember: Change can and should be measured objectively – whether the area being measured is physical fitness, strep throats – or educational progress.

Pete and Pam Wright c/o The Special Ed Advocate P.O. Box 1008 Deltaville, VA 23043 Phone: 804-257-0857 website: www.wrightslaw.com email: webmaster@wrightslaw.com

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individuals with disabilities education act

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Your Child's IEP: Practical and Legal Guidance for Parents

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If you are like many parents, when you receive a telephone call or letter inviting you to an IEP meeting, you respond with anxiety. Few parents look forward to attending IEP meetings. You may feel anxious, confused and inadequate at school meetings. What is your role? What do you have to offer?

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Broward County ESLS Accommodations Padlet

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Broward County ESLS Accommodations Padlet

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Articles, Documents, and more!

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This website offers trainings and information for parents of children and adults with disabilities.

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The term IEP is used to refer to both:

a student's Individual Education Plan and

the Individual Education Program of Special

Education Services.

The IEP as a Legal Contract
An IEP is the legal contract between the parent and school district that documents what special education services will be provided for a child with a disability.

An appropriate IEP, based on the strengths and needs of a student, and including relevant goals and necessary services, is critical for the success of a student with a disability.

The IEP is developed, reviewed, and revised by the IEP Team in IEP meetings.

Under IDEA, the IEP must include certain specific content.

Content of the Individual Education Plan

PRESENT LEVELS OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE(PLAAF)

The PLAAF statement offers a snapshot of a student at a particular time and place. The PLAAF describes the current level at which the student is working academically and functionally and the impact of the student's disability on learning.

The PLAAF includes a description of a student's strengths and needs in the following areas: academic, communication, functional, general intelligence, health, motor or physical, sensory, such as vision and hearing, social and emotional. Note that any identified areas of concern, such as language development, behavior, or social skills, should be discussed, not just academic needs.

The PLAAF will include a discussion of how the student is doing in the classroom. Observations and results of state and district-wide tests and the special education evaluation, including individually administered standardized tests, are reviewed.

The purpose of the PLAAF is to discuss and consider where the student is starting and what obstacles he or she may face in their learning efforts.

GOALS

After discussing where the student's beginning point is, the next step is to write measurable goals that a student can reasonably accomplish in one year. IEP goals determine the educational program for a student with special needs.

Goals should help the child be involved and make progress in the general curriculum.

An IEP goal describes what the intended outcome of instruction will be and what the student will accomplish.

IEP goals must be measured in an objective way. Each IEP team member should clearly be able to understand what the student needs to learn and what the desired action is. When IEP goals are clearly stated as actions, measuring progress comes naturally from the goal. A goal must establish a criterion for acceptable mastery.

Goals are not written to maintain skills or help a student achieve above grade level performance.

A statement of measurable annual goals, including academic and functional goals, are designed to:

Identify the learning or functional needs of a student that are of focus

Provide a description of how the child's progress toward meeting the annual goals will be measured;

Provide a time table for progress monitoring toward annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards)

If the IEP team determines that the child requires accommodations during State or district wide assessment of student achievement, the need for the accommodationsmust be documented as well as state what the accommodations are.

If the IEP team determines that the child must take an alternate assessment, instead of a particular regular State or district-wide assessment of student achievement, a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child.

SPECIAL EDUCATION SERVICES

The IEP Meeting must also discuss and identify the services the student needs to reach their goals and objectives, as well as how they'll be delivered. The IEP Team must also discuss when services will begin, where and how often they'll be provided, and how long they'll last. These service details must be documented in the IEP.
Available Special Education Services may fall into the following two categories:

Related Services: These services are designed to help a child with a disability benefit from special education, he or she may also need extra help in one area or another, such as speaking or moving. To see a complete list of Related Services, please read our Special Education Services Page.

Supplementary Aids and Services: These services are intended to improve student's access to learning and their participation across the school day. Supplementary aids and services includes aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with non-disabled children to the maximum extent appropriate. To read about possible Supplementary Aides and Services, please read our Supplementary Aides and Services Page.

*Determining which Related Services and Supplementary Aids and Services are appropriate for a particular student must be done on an individual basis. *All Related Services and Supplementary Aids and Services are to be written in to the IEP for those services to be delivered.

Special Factors

These special factors need to be considered and addressed in the IEP, depending on a student's needs:

Supports and strategies for behavior management, if behavior interferes with a student's learning or the learning of others

Language needs as related to the IEP if a studnet has limited mastery, or proficiency, of English

Appropriate supports and instruction to address a child's needs related to blindness or visual impairment

Communication needs in the case of a child who is deaf or hard of hearing

Assistive technology devices or services required in order to receive FAPE and used to increase, maintain, or improve the functional capabilities of a student with a disability

PLACEMENT

Least Restrictive Environment Determination: The school district is obligated to provide a free appropriate public education (FAPE) in the least restrictive environment (LRE).

The IEP team must consider the way, to the maximum extent appropriate, to educate a student with a disability alongside students without a disability.

Remember that special education is a set of services, rather than a specific place for your child to go. A thorough discussion of related services and supplementary aides and supports is necessary when discussing placement and LRE determinations.

For most students, the general education classroom is the preferred setting, but a range of options is available.

Supports and strategies for behavior management, if behavior interferes with her learning or the learning of others

Language needs as related to the IEP if he has limited mastery, or proficiency, in English

Communication needs

Assistive technology devices or services required in order to receive FAPE

Necessary accommodations in the general education classroom

Transition IEP's:
There are additional IDEA requirements for students when they approach high school and as they look ahead toward adult life.
When the child turns 15, and updated annually thereafter, the IEP must include transition services related to:
* training,
* education,
* employment, and,
* independent living skills (where appropriate)
*IEP Membership is expanded to include representatives of Adult Community Agencies. To understand more about additional IEP requirements for students at age 15, please read the information on our Transition Page.

Transfer IEP's:

If a child with a disability transfers to a new school district in the same State, and enrolls in a new school within the same school year, the new school district must provide a free appropriate public education (FAPE) to the child until the new public agency either:

* Adopts the child's IEP from the previous public agency; or
* Develops, adopts, and implements a new IEP.

If a child with a disability transfers to a school district in a new State, and enrolls in a new school within the same school year, the new public agency must provide the child with FAPE until the new public agency:

* Conducts an evaluation, if determined to be necessary by the new school district
* Develops, adopts, and implements a new IEP

The new school district, in which the child enrolls, must take reasonable steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous school district in which the child was enrolled. The previous school district in which the child was enrolled must take reasonable steps to promptly respond to the request from the new school district.

Parent Signatures

Although a parent is a particularly important member of the IEP and has the right to contribute equally to IEP decisions, a parent signature is not required on the IEP in Colorado. Parents are asked to sign an attendance sheet, just as all team members are asked to, in order to document participation by team members.

It is recommended that parents wait to sign the attendance sheet at the end of the IEP meeting. This way parents and students have the ability to document their disagreement, if any, regarding goals, services or placement.

Contact us at the THRIVE Center. We are a resource for parents and other community members to learn more about special education, rights and responsibilities, and the law.

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An IEP is the legal contract between the parent and school district that documents what special education services will be provided for a child with a disability. An appropriate IEP, based on the strengths and needs of a student, and including relevant goals and necessary services, is critical for the success of a student with a disability.

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Although this is a Minnesota-based parent information and training center, this web page directs you to an IEP page which holds the same general principles you will see in Florida.

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Content of the IEP

General Information
IEP Form Example Section
The IEP often includes the general information listed below. If it doesn't, you may ask where the information can be found in your child's records.

Date of last comprehensive evaluation: The date your child's last comprehensive evaluation was completed.

IEP meeting date: The date the IEP was developed or reviewed. This date is considered to be the "annual IEP date." If more than one meeting is held to develop an IEP, the IEP meeting date is considered to be the date of the first meeting.

Disability category: Lists the educational category of disability under which a child is eligible for special education services. Students may be eligible to receive services under more than one disability area. Services are determined by the child's needs, not by the disability category.

Grade: Your child's grade in school when the IEP is written. For students younger than age 5, either pre-K (pre-kindergarten) or early childhood special education (ECSE) typically is listed. The IEP is in effect for one year from the date it is written (unless it is changed by the IEP team), even if the child changes grades.

IEP manager name: See IEP Team description.

Here are the federal settings for children in kindergarten through graduation, or through age 21, as outlined in the Minnesota Department of Education's instructional setting codes:

1. Students receive special education services outside the regular education classroom for less than 21 percent of the day.

2. Students receive special education services outside the regular education classroom, typically a resource room, for 21 percent to 60 percent of the school day.

3. Students are outside of the regular education classroom for more than 60 percent of the day.

4. Students receive special education services at separate school facilities for more than 50 percent of the school day.

5. Students receive special education services at a private separate day school for more than 50 percent of the school day.

6. Students receive special education services at a public residential facility for greater than 50 percent of the school day.

7. Students receive special education services at a private residential facility for greater than 50 percent of the school day.

8. Special education services are delivered in a homebound/hospital/home-based setting.

Federal settings for early childhood special education children ages 3 to kindergarten are determined differently. Visit PACER's Early Childhood Project for more information.

Progress Reporting

Key Question: When and how will progress toward the annual goals be reported to the parents?

This section of the IEP lists the scheduled times and methods that school staff will use to report progress on each IEP goal to parents. Your child's progress on his or her annual goals must be measured, and you must be informed of:

How often and by what method progress reports will be provided to you. The school must give you these reports at least as often as they report progress to parents whose children do not have disabilities. Reporting methods may include IEP progress reports issued with regular education report cards, midterm written reports, or other means.

The extent to which that progress is sufficient to enable your child to achieve each goal by the end of the IEP year.

Parents Need to Know

Making adequate progress is the key to an appropriate education. IEP progress reports are not the same as classroom grade reports.

The IEP report notes progress on IEP goals while grade reports indicate progress in the general education curriculum.

If your child is progressing as planned, the goals and objectives will be continued until the annual IEP review.

If your child is not making sufficient progress toward meeting IEP goals, a team meeting must be held to revise the IEP. Parents may request this meeting.

For more information, see PACER's handout "How Will I Know if My Child Is Making Progress?"

Present Levels of Academic Achievement and Functional Performance (PLAAFP)
IEP Form Example Section
The Present Levels of Academic Achievement and Functional Performance (PLAAFP) is an integrated summary of data from all sources, including parents.

For preschool children, describe how the disability affects the child's participation in appropriate activities.

For K-12 students, describe how the disability affects the student's involvement and progress in the general curriculum.

In addition, for students grade 9 to age 21, address the present level of performance in each of the transition areas.

The Present Levels of Academic Achievement and Functional Performance (PLAAFP) statement describes the levels at which your child is working academically and functionally. The statement summarizes your child's current status and educational needs in each performance area where there is a need.

Performance areas may include:

Academic performance

Communication status

Functional skills (routine activities of everyday living)

General intelligence

Health

Motor abilities

Sensory status (such as vision and hearing)

Social and emotional status

Transition to adult living, including employment, postsecondary education and training, and independent living (when appropriate)

The IEP team will consider how your child's disability affects his or her grade-level learning at school. Understanding the impact of your child's disability helps the team determine what services and accommodations your child needs in order to be educated in the general education curriculum to the maximum extent appropriate. (The general education curriculum means the courses the school uses to teach children within the school district.) Children learn information and skills necessary to meet state academic standards and graduation requirements by participating in the general education curriculum, regardless of classroom placement.

The purpose of the PLAAFP statement is to describe what your child can do at the time the IEP is developed. The information should be presented clearly with enough information to describe your child's present skill levels. The statement should identify specific skills or behaviors requiring instruction.
Examples of PLAAFP statements:

Jason has a reading disability. He is in seventh grade and reads independently at a third-grade level. He has grade-level comprehension of materials read to him. Jason needs to improve his reading skills.

Lisa has attention deficit hyperactivity disorder (ADHD). Her organizational skills are not well developed. She loses assignments and notes for her academic classes approximately 75 percent of the time. As a result, Lisa comes to class without necessary materials. Due to these behaviors, Lisa is not able to complete grade-level work. Lisa needs instruction on organizational skills.

Angela is 10 years old but performs academically at a kindergarten level in reading and at a first-grade level in math. Although she benefits socially from being in mainstream classes, her class work in reading, math, science, and social studies needs to be modified. Angela needs to increase her academic skills.

Connor has autism. His academic skills are above grade level, but his social and communication skills are more than two years behind those of his grade-level peers. Connor needs instruction to understand nonverbal social and communication cues.

Parents Need to Know

The present levels section of the IEP provides a snapshot of your child at a particular time and place.

You have important information to share about your child.

This section may include medical information related to your child's disability.

You and school professionals may see your child in different ways.

It is important that you and the IEP team agree on your child's needs as instruction will be based on those identified needs.

All of your child's educational needs described in the present level section must be met with services in the IEP.

IEP services are determined by the child's needs, not by the disability category.

If an initial or three-year reevaluation has been completed, school staff must give you a copy of the evaluation summary report. It contains detailed information that will be used to develop the present level statement.

The present levels section will include summary statements of your child's performance in assessed areas and will be updated each year.

Attachments to the IEP form may be used if the existing form does not have sufficient space to include all the information required in the IEP.

A Place to Start: Understanding the present levels of academic achievement and functional performance statement
Learn more about this statement which will lead to the development of appropriate annual goals, accommodations, modifications, and other IEP services.

For preschool-age children, the team must consider how the disability affects the child's participation in developmentally appropriate activities. For transition-age students (grade 9 and above), the child's present level of performance in the transition areas discussed on pages 14 to 17 must also be included.

From the PLAAFP statement, the team determines your child's educational needs and develops the rest of the annual IEP, including goals, services, and modifications.

Statement of Measurable Annual Goals
IEP Form Example Section
The IEP will have annual instructional goals that describe what your child is expected to accomplish within a year of writing the IEP when provided with special education instruction and related services. Each goal will have short-term objectives or benchmarks.

The goals are based on the Present Level of Academic Achievement and Functional Performance (PLAAFP) statement. The IEP team will determine:

What skill needs to be learned or what behavior needs to change so that your child can be involved in and make progress in the general education curriculum, or make progress on other appropriate goals and objectives

Whether your child should increase, decrease, or maintain specific skills and behaviors

What level of performance should be achieved and how that will be measured

For example, the PLAAFP statement may say that your son writes disorganized paragraphs with incorrect spelling and punctuation 50 percent of the time. The goal may be to increase his level of producing organized paragraphs with correct spelling and punctuation to 90 percent of the time within one year with appropriate special education instruction. The IEP will record how progress on this goal will be measured.

Goals may cover any of several areas: academic, behavioral, functional, social, or other educational skills that are important for your child to master. Goals must be measurable so that the IEP team will know if your child is making progress on each one. The IEP must address all the educational needs that result from your child's disability or disabilities, regardless of the disability label. Your child's IEP will have as many pages as are necessary to include all instructional goals. If your child's IEP includes at least one goal that addresses grade-level academic content standards in reading and/or mathematics, it meets the requirements for a "standards-based IEP."

Each goal will have at least two objectives or benchmarks, or a combination of the two. Objectives are steps leading to the accomplishment of the goal. Benchmarks are developmental milestones.

Each objective includes several parts. For example, for your son's written language goal, one of the objectives might be the following:

Skill to be performed: Write an eight-sentence paragraph

Conditions for evaluating: When given a subject by the teacher

Criteria for evaluating: Includes a topic sentence and at least three supporting details

Evaluation procedures: 90 percent accuracy as measured on his quarterly assignment chart

A second objective could cover the spelling and punctuation part of the goal.

Parents Need to Know

Each goal must be measurable. Your child's current level of performance must be described either in the goal or in the PLAAFP statement. Your child's expected ending level of performance must be written in the goal statement.

Terms such as "age-appropriate" and "grade-level" are not measurable unless the IEP clearly describes what is meant by these terms.

As each year's IEP goal is developed, you should consider what special education services will be necessary for your child to achieve that goal.

Individualized Education Program (IEP) Goals
Learn more about instructional goals that describe what your child is expected to accomplish within the one year period of the IEP when provided with special education instruction and related services.

Minnesota Transition Planning

Personal Learning Plan Legislation. Minnesota school districts are required to assist all students, beginning no later than ninth grade, to "explore their educational, college, and career interests, aptitudes, and aspirations, and develop a plan for a smooth and successful transition to postsecondary education or employment." Minnesota Statutes, section 120B.125 describes the required components of a comprehensive plan that must be reviewed and revised at least annually by the student, the student's parent or guardian, and the school district.

The law states that if a student has an Individualized Education Program (IEP) that meets all of the components of the Personal Learning Plan, no additional transition plan is needed. Parents will want to be sure the IEP addresses all of the required components and that the student has access, as needed, to Personal Learning Plan resources that are available to all students in the district. For more information, see Minnesota Department of Education's Personal Learning Plans.

For students in grade 9 (or before, if determined necessary by the team), their IEP will continue to address needs in the performance areas previously described. However, at this stage those needs will be linked to the following transition areas:

Postsecondary education and training

Employment

Independent living (when appropriate); this may include recreation and leisure, community participation, and home living.

IEP Form Example Section
The IEP team, which now includes your child, will develop measurable postsecondary goals in the areas of education, employment, and, when appropriate, independent living. The team will use observations, assessments, and interviews to help set appropriate goals. These long-term transition goals will guide the rest of the IEP because the purpose of special education is to prepare your child for life after high school.

The IEP team will determine what steps are necessary to help your child achieve his or her postsecondary goals. The courses of study section of the IEP helps the team plan future course work so the student can achieve his or her long-term postsecondary goals. The IEP form documents the courses to be taken each year. This process will enable the team to see annually how the student is progressing toward graduation requirements.
IEP Form Example Section
Students must complete a set of course credits in a variety of subjects that are required by the state and school district in order to graduate. The IEP team may determine to change the credit requirements for some students with significant disabilities. For example, the student may not need to earn the foreign language credits or may receive social studies credits through work experience.

The IEP also includes a statement of transition services needed for the child to accomplish the measurable postsecondary goals. A child may need services such as community experiences, community links to other services, development of employment opportunities, functional vocational evaluation, instruction in daily living skills, or related services, such as transportation or counseling.

The IEP will record services and activities, as well as which agency is responsible for providing the service. In some cases, the state vocational rehabilitation agency, other agencies, or parents may choose to be responsible for the service. If an agency other than the school fails to provide the transition service as recorded in the IEP, the IEP team must meet to identify other ways to provide those services.
IEP Form Example Section
The IEP team will also determine if your student needs special education instruction to work on particular skills or behaviors to achieve the postsecondary goals. If so, measurable annual goals and objectives will be developed (see previous section on annual goals). An example might be learning to keep a homework schedule for school in order to successfully earn credits toward graduation so the child may attend postsecondary training. Another goal could relate to improving a specific skill the child needs in order to live independently.

The Workforce Innovation and Opportunity Act of 2014 (WIOA) includes requirements to ensure that students with disabilities gain skills and have experiences that lead to success in competitive integrated employment. Vocational Rehabilitation Services (VRS), in collaboration with local education agencies, must provide access to Pre-Employment Transition Services (Pre-ETS) for students with disabilities in ninth grade through age 21 based on individual need. Pre-ETS include the following activities:

Job exploration counseling

Work-based learning experiences that may include in-school or after school opportunities, or experience outside the traditional school setting (including internships) that is provided in an integrated environment to the maximum extent possible

Counseling about enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education

Workplace readiness training to develop social and independent living skills

Instruction in self-advocacy, which may include peer mentoring

Pre-ETS are intended to supplement rather than take the place of special education transition services, which are necessary to provide a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). The IEP team can document services on the transition services section of the IEP.

WIOA also places limitations on subminimum wage employment for students and requires a series of action steps toward integrated, competitive employment that must be taken for youth with disabilities who are 24 or younger. For more information, see "A Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities," from the U.S. Department of Education, or visit PACER's National Parent Center on Transition and Employment.

Parents Need to Know

The student must be invited to the transition IEP meeting.

When the IEP team looks at the courses of study, ask how the child is doing in achieving the required number of credits for graduation.

It's important to consider all areas of transition because many children with disabilities leave high school lacking the academic, technical, and social skills necessary to continue in postsecondary training, or find and maintain employment.

Transition services may be provided for some children younger than grade 9 if they are at risk of dropping out of school before age 16, or if the services would enhance employment or other educational outcomes.

IEP team decisions should include input from the student, parents, and others from the student's school and community life.

The team must make sure that the child's own desires and interests are considered.

Through an IEP team decision, students with disabilities may remain in school until July 1 after they become 21 if they have not completed their IEP goals, even if they have met the district's credit requirements for a diploma.

If your student graduates and accepts a diploma, he or she no longer qualifies for the services mentioned above.

When appropriate, help the child learn to be a self-advocate.

Self-advocacy skills may be an appropriate goal on the IEP.

Services and Modifications

The IEP outlines the special education, related services, and other supports your child will receive. Specific services and supports are given so that your child can, as much as is appropriate:

Advance toward accomplishing annual goals

Learn and participate with other children with and without disabilities

Participate and make progress in the general education curriculum

Participate in extracurricular or nonacademic activities

Each service should be based on research to the extent practical and give clear direction to staff on how to serve your child. Terms such as "when available" and "if necessary" should be avoided unless further clarified.

Services and modifications include special education and related services, supplementary aids and services, and program modifications and supports for school personnel as detailed in the following sections.

Special Education and Related Services
IEP Form Example Section
There is a relationship between the goals in your child's IEP and the special education and related services the school provides. For example, if your child with a learning disability has a goal to improve reading by one grade level, then services provided by licensed learning disability staff to help your child accomplish that goal during the current IEP year will be listed in this section of the IEP.

Direct services are provided by a licensed special education teacher or a related services professional who instructs your child. This section of the IEP will include:

Amount of time to provide that instruction or service (in minutes per session)

Frequency of services (the number of times per week or month)

Starting date and expected duration for services

Location where the service will be provided (such as in a regular or special education classroom, home, or other setting)

Indirect services are provided by a special education teacher or related services professional working with other professionals or with parents. These services could include consultation, modifications of curriculum for the child, observation of the child, or cooperative planning. The services are provided on behalf of your child and not directly to your child.

Supplementary Aids and Services
IEP Form Example Section
This area of the IEP records services such as accommodations, assistive technology, and paraprofessional support. These services support the child in the classroom as well as in nonacademic and extracurricular activities.

Accommodations level the playing field so a child can demonstrate knowledge without lowering or changing the standard or the level of the class work or of a test. See PACER's handout School Accommodation Ideas for Students Who Receive Section 504 or Special Education Services.

Assistive technology includes devices as well as specific services, such as maintaining or repairing equipment. The IEP team will use evaluation data to determine which devices and services are appropriate.

IDEA requires schools to provide assistive technology if the IEP team determines a child needs it in order to receive an appropriate education. The team must plan for acquiring, operating, maintaining, and repairing assistive technology, as well as for training the child, staff, and family in its use and care. The team should also develop a plan in case the service is unavailable or the device breaks down.

Assistive technology can include a range of low-tech and high-tech equipment, such as pen grips, lap boards, feeding utensils, augmentative and alternative communication devices (ACC), computers, apps, calculators, classroom amplification, or recorded textbooks. PACER's Simon Technology Center has more information about assistive technology.

If a paraprofessional is listed in this section, both your child's need for this service and the specific responsibilities of the paraprofessional must be listed.

Program Modifications and Supports for School Personnel
IEP Form Example Section
Program modifications lower or change the level of difficulty or focus of class work or of a test. See PACER's handout School Modification Ideas for Students Who Receive Special Education Services.

Supports for school personnel may be necessary so that your child can fully participate in school. For example, a consultant might provide suggestions to the regular education teacher for including your child fully in the classroom or train staff to use an assistive technology device. These services are also called indirect services provided on behalf of your child.

Parents Need to Know

Ask yourself, "With this service commitment, is it reasonable to expect that my child can achieve his or her IEP goals and also make meaningful progress in the general education curriculum?" If the answer is no, discuss your concerns with the IEP team.

Least Restrictive Environment Explanation
IEP Form Example Section
The least restrictive environment (LRE) for a child with disabilities is an educational setting that provides an appropriate program, including any necessary special supports, in as typical a school environment as possible. As much as is appropriate for the individual child, children with disabilities should attend the school they would typically go to if they did not have disabilities. They should have the opportunity to participate in extracurricular and nonacademic activities with children who do not have disabilities.

These decisions are made by the IEP team based on the child's needs. The IEP must explain why and how much time your child will be educated or participate in activities outside of the regular education setting. The explanation will include why the nature and severity of your child's disability is such that he or she must be removed from general education to receive services.

You must be invited to participate in all educational placement decisions for your child. If you are not able to attend a meeting when a placement decision is made, the school must use other methods, such as individual or conference telephone calls or video conferencing, to help you participate. The school must keep a record of how staff tried to help you be involved in making the decision.

In addition, you must be informed about the placement alternatives that are available for your child. The IEP team will discuss these alternatives and together you will decide what is most appropriate to meet your child's needs in the least restrictive environment. The services must be developed to fit your child, not the other way around. IDEA requires school districts to have a variety of placement settings, called federal settings, available to meet the individual needs of children.

Parents Need to Know

"To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and...special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily!"
34 CFR 300.114(a)(2)
Minnesota Accountability and Graduation Assessments

All public school children must take statewide and district-wide student achievement tests at specified times. Schools are required to include children with disabilities in these accountability assessments. The IEP team must discuss your child's inclusion in these tests.

According to the Minnesota Department of Education, the Minnesota Comprehensive Assessments (MCAs) and alternate assessment, Minnesota Test of Academic Skills (MTAS), are the statewide tests that help districts measure student progress toward Minnesota's academic standards. They also meet the federal requirements of the Every Student Succeeds Act (ESSA). Most students take the MCA, but students who receive special education services and meet eligibility criteria may take the MTAS.

Parents Need to Know

Talk with your child's IEP team about which state assessments are required during this IEP year for your child.

If school staff recommend an alternate assessment at the IEP team meeting, discuss the requirements for taking that assessment with the IEP team.

Ask for information about current graduation assessments and requirements if your child is in the ninth grade or above.

Minnesota's accountability assessment program is designed to measure:

How well students, as a group, are achieving according to the Minnesota academic standards

Proficiency of Minnesota public school graduates

Students' progress, as a group, over time

District-wide Accountability Assessments

The IEP team must address district-wide assessments each time the student is in a grade (or will be during this IEP period) where such assessments are given. If assessments are given in the child's grade, the team will discuss whether that assessment is appropriate for this child. If accommodations are needed, they must be documented on the IEP. If the assessment is not appropriate, the IEP must state the reasons, document which alternative assessment will be given, and say why it is appropriate.

Accommodations for Assessments

The purpose of statewide testing is to understand how well students are meeting Minnesota's academic standards set for all children. Some students with disabilities need accommodations to take these tests in order to reduce or eliminate the effect of the disability on test performance. The goal of accommodations is to level the playing field while maintaining the level of standards being tested. A student who has accommodations takes the same test as students without disabilities. The following types of accommodations may be made based on a student's needs:

Presentation accommodations allow students to obtain information in ways other than reading standard print. This accommodation includes auditory, multisensory, tactile (touch), and visual methods. For example, a boy who is visually impaired might have the math script read to him.

Response accommodations allow students to show what they know in different ways. For example, a student who is nonverbal may respond to test questions using an augmentative and alternative communication (ACC) device.

Setting accommodations allow students to take the tests in a different setting or under different conditions. (Although testing in a small group and individual test administration are allowed for all students, writing it in the IEP is helpful for school staff.)

Timing and scheduling accommodations give students additional time to complete the test or change the way the testing time is organized. (Because the tests are not timed for any student, extended time need not be written on the IEP.)

Accommodations are determined by the IEP team and written on the IEP. Team members should:

Be knowledgeable of state and district academic standards and assessments

Look at what accommodations increase the student's access to the general education curriculum (the subject content that all students are taught)

Consider the accommodations routinely used by the student in daily classroom instruction

Minnesota provides a list of possible testing accommodations, but IEP teams may consider others that are not on the list. The team may contact the Minnesota Department of Education to verify that a suggested accommodation will not invalidate the assessment.

For more information on accommodations in assessments, see our section "Minnesota Statewide Assessment Testing."

Parents Need to Know

Accommodations on statewide tests are made by the student's IEP team.

Accommodations that the student is receiving on the IEP should be considered for accommodations on statewide tests.

Statewide tests are not timed for any student.

Transfer of Rights at Age of Majority
IEP Form Example Section
Under IDEA, educational rights transfer to students when they reach the age of majority (age 18 in Minnesota). At least one year before your child turns 18, the student and the parent must be informed of the rights, if any, that will transfer to the student at the age of majority. The transfer of rights does not take place if a legal guardian has been appointed.

When rights are transferred from you to your child, you will continue to receive all legally required information such as IEP meeting notices. Your child will assume all other rights, including the right to sign agreement or disagreement with his or her IEP.

Parents Need to Know

Receiving a meeting notice and being invited to the meeting are not the same. A student reaching the age of majority may want to maintain parent involvement in the IEP process. The student has the right to invite the parent to meetings.

A student may submit a written request to the school asking that the parent(s) continue to be invited to meetings.

Parents continue to have the right to access their student's educational records if the student is claimed as a dependent for tax reporting purposes.

Extended School Year
IEP Form Example Section
Some children need services that extend beyond the normal school year. Such services are referred to as extended school year services (ESY). The IEP team must discuss ESY services at the annual IEP meeting; if services are needed, that information must be indicated on the IEP.

The school may not limit ESY services to particular disabilities or limit the type, amount, or duration of those services. An ESY program must be tied to your child's need for services, including, but not limited to: the need to attain or maintain self-sufficiency skills (sometimes called functional skills), the likelihood of significant regression, or the necessity of ESY for the provision of a free appropriate public education (FAPE).

In making the ESY decision, the IEP team must consider the following factors, if relevant: progress and maintenance of skills during the regular school year, degree of impairment, rate of progress, behavioral or physical problems, availability of alternative resources, ability to interact with peers without disabilities, areas of curriculum that need continuous attention, or vocational needs.

The ESY services are usually different from the services provided during the school year. ESY services that are written into your child's IEP must be provided at no cost to you.

Parents Need to Know

The determination of whether or not your child needs extended school year services must be documented.

Minnesota Rule 3525.0755 provides additional guidance on ESY services.

ESY is not the same as summer school. School districts have the choice of whether to offer summer school to students while ESY must be offered to eligible special education students.

Extended School Year Services: What Parents Need to Know
This PACER handout explains more about ESY service eligibility and determination.

Next Section: Parent Action

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The IEP is a written plan that guides your child's special education services. The plan must allow your child to advance appropriately toward meeting annual IEP goals, allow your child to be involved in and progress in the general curriculum as much as is appropriate for your child, guide the staff in providing services, and record the services the school district has committed to provide.

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Remember, these are just examples. Goals should be individualized and tailored to your child's unique learning needs.

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Although this is for Minnesota, the idea is the same in Florida.