You are on page 1of 32

N

LG2, 4th Edition, September 1999

BRIEFING PAPER
A publication of the National Dissemination Center for Children with Disabilities

I
Individualized
Education Programs

C
This document is a verbatim team for each child or youth with a
reprinting of: disability who was eligible for special
education and related services.
n the Federal regulations concern- Among other things, the IEP was
ing Individualized Education intended to set forth the services
Programs (IEPs), as contained in that would be provided to the child.
the Individuals with Disabilities In 1981, in response to queries from
Education Act Amendments of the public regarding the EHAs
1997, and requirements for the IEP, the U.S.

H
Department of Education released
n Appendix A (formerly Appendix Appendix C to Part 300: Notice of
C) to Part 300: Notice of Interpre- Interpretation, which provided
tation, issued by the Department additional explanation of EHAs
of Education, Office of Special regulations.
Education and Rehabilitative
Services, to provide additional The IDEA amended the EHA in
clarification of the Federal regula- 1990. In June 1997, the law was
tions. amended again by the IDEA Amend-
ments of 1997. Regulations for IDEA

C
The Individuals with Disabilities '97 were published in the Federal
Education Act (IDEA) Amendments Register on March 12, 1999. The
of 1997, P.L. 105-17, is the federal law Notice of Interpretation with respect
that ensures a free appropriate public to IEPs has been included in these
education (FAPE) for eligible children regulations and has been renamed
and youth with disabilities. This law Appendix A. It has been revised to
is the latest of several amendments to reflect changes in the law.
P.L. 94-142, the Education of the
Handicapped Act (EHA), and is used This NICHCY Briefing Paper first
by school systems around the coun- provides readers with the full text of

Y
try to guide the way in which special Appendix A. This document refers
education and related services are frequently to the Federal regulations
determined for and provided to as the basis for answering questions
eligible children and youth with about IEPs. To allow readers to see
disabilities. precisely what the regulations say, we
have also provided the verbatim text
Passed in 1975, the EHA required of the regulations regarding IEPs,
that an Individualized Education beginning on page 25.
Program (IEP) be developed by a
Appendix A

Individualized Education Programs (IEPs) and


Other Selected Implementation Issues

Introduction requirements as they relate to standards and goals. [Section


the three core concepts de- 651(a)(6)(A) of the Act.]
The IEP requirements scribed above. Section IV
under Part B of the IDEA addresses other questions Accordingly, the evaluation
emphasize the importance of regarding the development and and IEP provisions of Part B
three core concepts: (1) the content of IEPs, including place great emphasis on the
involvement and progress of questions about the timelines involvement and progress of
each child with a disability in and responsibility for develop- children with disabilities in the
the general curriculum includ- ing and implementing IEPs, general curriculum. (The term
ing addressing the unique participation in IEP meetings, general curriculum, as used
needs that arise out of the and IEP content. Section IV in these regulations, including
childs disability; (2) the in- also addresses questions on this Appendix, refers to the
volvement of parents and other selected requirements curriculum that is used with
students, together with regular under IDEA. non-disabled children.)
and special education person-
nel, in making individual I. Involvement and While the Act and regula-
decisions to support each Progress of Each Child tions recognize that IEP teams
students (childs) educational With a Disability in the must make individualized
decisions about the special
success, and (3) the prepara- General Curriculum
tion of students with disabili- education and related services,
ties for employment and other In enacting the IDEA and supplementary aids and
post-school activities. Amendments of 1997, the services, provided to each child
Congress found that research, with a disability, they are
The first three sections of demonstration, and practice driven by IDEAs strong prefer-
this Appendix (I-III) provide over the past 20 years in special ence that, to the maximum
guidance regarding the IEP education and related disci- extent appropriate, children
plines have demonstrated that with disabilities be educated in
an effective educational system regular classes with their
nondisabled peers with appro-
The Symbol now and in the future must
priate supplementary aids and
maintain high academic stan-
As you read the regula- dards and clear performance services.
tions and Appendix A, you goals for children with disabili-
will see the symbol: . This In many cases, children
ties, consistent with the stan-
symbol stands for section with disabilities will need
dards and expectations for all
and is always accompanied appropriate supports in order
students in the educational
by a number, such as to successfully progress in the
system, and provide for appro-
300.340. This refers you to general curriculum, participate
priate and effective strategies
the precise section of the in State and district-wide
and methods to ensure that
Federal regulations that assessment programs, achieve
students who are children with
addresses the issue being the measurable goals in their
disabilities have maximum
discussed. IEPs, and be educated together
opportunities to achieve those
with their nondisabled peers.

NICHCY: 1-800-695-0285 2 LG2 (4th Edition)


Accordingly, the Act to which these chil-
requires the IEP team Two Editorial Changes dren can be involved
to determine, and the We have made two editorial changes to the and progress in the
public agency to verbatim text of Appendix A presented in this general curriculum,
provide, the accom- document. These are: such as criterion-
modations, modifica- referenced tests,
tions, supports, and n Appendix A frequently quotes from the standard achievement
supplementary aids regulations of IDEA 97. When portions of tests, diagnostic tests,
and services, needed the regulations have been left out, or when other tests, or any
by each child with a the text continues beyond the quotation, combination of the
disability to success- Appendix A uses asterisks (* * *). We have above.
fully be involved in used an ellipsis (...) instead.
and progress in the The purpose of
general curriculum n When Appendix A cites from the regula- using these assess-
achieve the goals of tions, long blocks of quoted text are often ments is to determine
the IEP, and success- not set between quotation marks. To be the childs present
fully demonstrate his absolutely clear about when the regulations levels of educational
or her competencies in are being quoted, we have added the quota- performance and
State and district-wide tion marks ( ). areas of need arising
assessments. from the childs
disability so that
1. What are the major Part B The IEP teams determina- approaches for ensuring the
IEP requirements that govern tion of how each childs dis- childs involvement and
the involvement and progress ability affects the childs in- progress in the general curricu-
of children with disabilities in lum and any needed adapta-
volvement and progress in the
the general curriculum? tions or modifications to that
general curriculum is a primary
Present Levels of Educational consideration in the develop- curriculum can be identified.
Performance ment of the childs IEP. In
assessing children with disabili- Measurable Annual Goals,
Section 300.347(a)(1) ties, school districts may use a including Benchmarks or
requires that the IEP for each variety of assessment tech- Short-term Objectives
child with a disability include niques to determine the extent
Measurable annual goals,
...a statement of the childs
including benchmarks or
present levels of educational
performance, including(i) Key to Abbreviations short-term objectives, are
critical to the strategic planning
how the childs disability affects FAPE process used to develop and
the childs involvement and Free appropriate public implement the IEP for each
progress in the general curricu- education child with a disability. Once the
lum; or (ii) for preschool children,
IEP team has developed mea-
as appropriate, how the childs IEP
surable annual goals for a
disability affects the childs partici- Individualized Education
child, the team (1) can develop
pation in appropriate activities... Program
strategies that will be most
(Appropriate activities in this
LEA effective in realizing those goals
context refers to age-relevant
Local Education Agency and (2) must develop either
developmental abilities or
measurable, intermediate steps
milestones that typically devel- LRE (short-term objectives) or
oping children of the same age Least restrictive major milestones (bench-
would be performing or would environment marks) that will enable parents,
have achieved.)
SEA students, and educators to
State Education Agency monitor progress during the
year, and, if appropriate, to

LG2 (4th Edition) 3 NICHCY: 1-800-695-0285


revise the IEP consistent with annual goals; (ii) to be involved
the students instructional and progress in the general
needs. curriculum...and to participate
in extracurricular and other
The strong emphasis in nonacademic activities; and
Part B on linking the educa- (iii) to be educated and participate
tional program of children with with other children with disabili-
disabilities to the general ties and nondisabled children in
curriculum is reflected in [extracurricular and other non-
300.347(a)(2), which academic activities]... [Italics
requires that the IEP include: benchmarks establish expected
added.]
performance levels that allow
...a statement of measur- for regular checks of progress Extent to Which Child Will
able annual goals, including that coincide with the report- Participate With Nondisabled
benchmarks or short-term ing periods for informing Children
objectives, related to(i) parents of their childs progress
meeting the childs needs that toward achieving the annual Section 300.347(a)(4)
result from the childs disability to goals. An IEP team may use requires that each childs IEP
enable the child to be involved in either short-term objectives or include An explanation of the
and progress in the general benchmarks or a combination extent, if any, to which the
curriculum; and (ii) meeting of the two depending on the child will not participate with
each of the childs other educa- nature of the annual goals and nondisabled children in the
tional needs that result from the needs of the child. regular class and in [extracur-
the childs disability. [Italics ricular and other nonacademic]
added.] Special Education and Related activities ... This is consistent
Services and Supplementary Aids with the least restrictive envi-
As noted above, each and Services ronment (LRE) provisions at
annual goal must include 300.550-300.553, which
either short-term objectives or The requirements regarding
include requirements that:
benchmarks. The purpose of services provided to address a
both is to enable a childs childs present levels of educa- (1) each child with a dis-
teacher(s), parents, and others tional performance and to ability be educated with non-
involved in developing and make progress toward the disabled children to the maxi-
implementing the childs IEP, identified goals reinforce the mum extent appropriate
to gauge, at intermediate times emphasis on progress in the ( 300.550(b)(1));
during the year, how well the general curriculum, as well as
child is progressing toward maximizing the extent to which (2) each child with a dis-
achievement of the annual children with disabilities are ability be removed from the
goal. IEP teams may continue educated with nondisabled regular educational environ-
to develop short-term instruc- children. Section 300.347(a)(3) ment only when the nature or
tional objectives, that generally requires that the IEP include: severity of the childs disability
break the skills described in the is such that education in
...a statement of the regular classes with the use of
annual goal down into discrete
special education and related supplementary aids and ser-
components. The revised
services and supplementary vices cannot be achieved
statute and regulations also
aids and services to be pro- satisfactorily ( 300.550(b)(1));
provide that, as an alternative,
vided to the child, or on behalf and
IEP teams may develop bench-
of the child, and a statement of
marks, which can be thought
the program modifications or (3) to the maximum extent
of as describing the amount of
supports for school personnel appropriate to the childs
progress the child is expected
that will be provided for the needs, each child with a dis-
to make within specified
child(i) to advance appropri- ability participates with
segments of the year. Generally,
ately toward attaining the nondisabled children in non-

NICHCY: 1-800-695-0285 4 LG2 (4th Edition)


academic and extracurri- be considered. Con-
cular services and activities Reminder: versely, IDEA does not
( 300.553). require that a student
demonstrate achievement
All services and educa- Appendix A refers often to the Federal
of a specific performance
tional placements under regulations for IDEA 97. If you would
level as a prerequisite for
Part B must be individu- like to read the actual language of the
placement into a regular
ally determined in light of regulations with respect to IEPs, weve
classroom.
each childs unique provided verbatim text of the regs
abilities and needs, to beginning on page 25. Participation in State or
reasonably promote the District-Wide Assessments of
childs educational success. Student Achievement
ered. Following that consider-
Placing children with disabili-
ation, if a determination is Consistent with
ties in this manner should
made that particular disabled 300.138(a), which sets forth a
enable each disabled child to
student cannot be educated presumption that children with
meet high expectations in the
satisfactorily in the regular disabilities will be included in
future.
educational environment, even general State and district-wide
Although Part B requires with the provision of appropri- assessment programs, and
that a child with a disability ate supplementary aids and provided with appropriate
not be removed from the services, that student then accommodations if necessary,
regular educational environ- could be placed in a setting 300.347(a)(5) requires that
ment if the childs education other than the regular class- the IEP for each student with a
can be achieved satisfactorily in room. Later, if it becomes disability include: (i) a state-
regular classes with the use of apparent that the childs IEP ment of any individual modi-
supplementary aids and ser- can be carried out in a less fications in the administration
vices, Part Bs LRE principle is restrictive setting, with the of State or district-wide
intended to ensure that a child provision of appropriate assessments of student
with a disability is served in a supplementary aids and ser- achievement that are needed in
setting where the child can be vices, if needed, Part B would order for the child to partici-
educated successfully. Even require that the childs place- pate in the assessment; and (ii)
though IDEA does not man- ment be changed from the if the IEP team determines that
date regular class placement for more restrictive setting to a less the child will not participate in
every disabled student, IDEA restrictive setting. In all cases, a particular State or district-
presumes that the first place- placement decisions must be wide assessment of student
ment option considered for individually determined on the achievement (or part of an
each disabled student by the basis of each childs abilities assessment of student
students placement team, and needs, and not solely on achievement), a statement of
which must include the parent, factors such as category of (A) Why that assessment is not
is the school the child would disability, significance of appropriate for the child; and
attend if not disabled, with disability, availability of special (B) How the child will be
appropriate supplementary education and related services, assessed.
aids and services to facilitate configuration of the service
such placement. Thus, before a delivery system, availability of Regular Education Teacher
disabled child can be placed space, or administrative conve- Participation in the Development,
outside of the regular educa- nience. Rather, each students Review, and Revision of IEPs
tional environment, the full IEP forms the basis for the
range of supplementary aids placement decision. Very often, regular educa-
and services that if provided tion teachers play a central role
Further, a student need not in the education of children
would facilitate the students
fail in the regular classroom with disabilities (H. Rep. No.
placement in the regular class-
before another placement can 105-95, p. 103 (1997); S. Rep.
room setting must be consid-

LG2 (4th Edition) 5 NICHCY: 1-800-695-0285


2. Must a childs IEP address needs resulting from his or her
his or her involvement in the disability that also must be
general curriculum, regardless met; and (3) what special
of the nature and severity of education and other services
the childs disability and the and supports must be de-
setting in which the child is
scribed in the childs IEP to
educated?
address both sets of needs
Yes. The IEP for each child (consistent with 300.347(a)).
with a disability (including For example, if the IEP team
children who are educated in determines that in order for a
separate classrooms or schools) child who is deaf to participate
must address how the child in the general curriculum he or
will be involved and progress she needs sign language and
No. 105-17, p. 23 (1997)) and in the general curriculum. materials which reflect his or
have important expertise However, the Part B regulations her language development,
regarding the general curricu- recognize that some children those needs (relating to the
lum and the general education have other educational needs childs participation in the
environment. Further, with the resulting from their disability general curriculum) must be
emphasis on involvement and that also must be met, even addressed in the childs IEP. In
progress in the general curricu- though those needs are not addition, if the team deter-
lum added by the IDEA directly linked to participation mines that the child also needs
Amendments of 1997, regular in the general curriculum. to expand his or her vocabu-
education teachers have an lary in sign language that
increasingly critical role (to- Accordingly, 300.347(a)(1) service must also be addressed
gether with special education and (2) requires that each in the applicable components
and related services personnel) childs IEP include: of the childs IEP. The IEP team
in implementing the program may also wish to consider
of FAPE for most children with ...A statement of measur- whether there is a need for
disabilities, as described in able annual goals, including members of the childs family
their IEPs. benchmarks or short-term to receive training in sign
objectives related to(i) language in order for the child
Accordingly, the IDEA Meeting the childs needs that to receive FAPE.
Amendments of 1997 added a result from the childs disability to
requirement that each childs enable the child to be involved in 3. What must public agencies
IEP team must include at least and progress in the general do to meet the requirements
one regular education teacher curriculum; and (ii) meeting at 300.344(a)(2) and
of the child, if the child is, or each of the childs other educa- 300.346(d) regarding the
may be, participating in the participation of a regular
tional needs that result from
education teacher in the
regular education environment the childs disability. [Italics development, review, and
(see 300.344(a)(2)). (See also added.] revision of IEPs, for children
300.346(d) on the role of a aged 3 through 5 who are
regular education teacher in the Thus, the IEP team for each receiving preschool special
development, review and child with a disability must education services?
revision of IEPs.) make an individualized deter-
mination regarding (1) how If a public agency provides
the child will be involved and regular education preschool
progress in the general curricu- services to nondisabled chil-
lum and what needs that result dren, then the requirements of
from the childs disability must 300.344(a)(2) and
be met to facilitate that partici- 300.346(d) apply as they do in
pation; (2) whether the child the case of older children with
has any other educational disabilities. If a public agency

NICHCY: 1-800-695-0285 6 LG2 (4th Edition)


makes kindergarten available to does not affect the childs Amendments is to expand
nondisabled children, then a ability to be involved in and opportunities for parents and
regular education kindergarten progress in the general curricu- key public agency staff (e.g.,
teacher could appropriately be lum. If a child with a disability special education, related
the regular education teacher needs only modifications or services, regular education, and
who would be a member of accommodations in order to early intervention service
the IEP team, and, as appropri- progress in an area of the providers, and other person-
ate, participate in IEP meetings, general curriculum, the IEP nel) to work in new partner-
for a kindergarten-aged child does not need to include a ships at both the State and
who is, or may be, participating goal for that area; however, the local levels (H. Rep. 105-95, p.
in the regular education envi- IEP would need to specify 82 (1997); S. Rep. No. 105-17,
ronment. those modifications or accom- p. 4 and 5 (1997)). Accord-
modations. ingly, the IDEA Amendments
If a public agency does not of 1997 require that parents
provide regular preschool Public agencies often have an opportunity to partici-
education services to require all children, including pate in meetings with respect
nondisabled children, the children with disabilities, to to the identification, evalua-
agency could designate an demonstrate mastery in a given tion, and educational place-
individual who, under State area of the general curriculum ment of the child, and the
standards, is qualified to serve before allowing them to provision of FAPE to the child.
nondisabled children of the progress to the next level or ( 300.501(a)(2)). Thus,
same age. grade in that area. Thus, in parents must now be part of:
order to ensure that each child (1) the group that determines
4. Must the measurable annual with a disability can effectively what additional data are
goals in a childs IEP address demonstrate competencies in needed as part of an evaluation
all areas of the general an applicable area of the
curriculum, or only those areas of their child ( 300.533(a)
general curriculum, it is impor- (1)); (2) the team that deter-
in which the childs
involvement and progress are tant for the IEP team to con- mines their childs eligibility
affected by the childs sider the accommodations and ( 300.534 (a)(1)); and (3) the
disability? modifications that the child group that makes decisions on
needs to assist him or her in the educational placement of
Section 300.347(a)(2) demonstrating progress in that their child ( 300.501(c)).
requires that each childs IEP area.
include A statement of mea- In addition, the concerns
surable annual goals, including of parents and the information
benchmarks or short-term that they provide regarding
objectives, related to(i) their children must be consid-
meeting the childs needs that ered in developing and review-
result from the childs disability to ing their childrens IEPs
enable the child to be involved in ( 300.343(c) (iii) and
and progress in the general 300.346(a)(1)(i) and (b)); and
curriculum ...; and (ii) meeting II. Involvement of the requirements for keeping
each of the childs other educa- Parents and Students parents informed about the
tional needs that result from educational progress of their
the childs disability. . . (Italics The Congressional Com- children, particularly as it
added). mittee Reports on the IDEA relates to their progress in the
Amendments of 1997 express general curriculum, have been
Thus, a public agency is not the view that the Amendments strengthened ( 300.347
required to include in an IEP provide an opportunity for (a)(7)).
annual goals that relate to areas strengthening the role of
of the general curriculum in parents, and emphasize that The IDEA Amendments of
which the childs disability one of the purposes of the 1997 also contain provisions

LG2 (4th Edition) 7 NICHCY: 1-800-695-0285


Getting a Copy of the Regulations (Part B requires that if the
rights transfer to the student,
There are several places from which you can obtain a copy of the public agency must provide
the Federal regulations for the Individuals with Disabilities any notice required under Part
Education Act (IDEA). The quickest of these is the Internet. If B to both the student and the
you have access to the Internet, try NICHCYs Web site:
parents.) If the State elects to
http://www.nichcy.org provide for the transfer of
rights from the parents to the
Choose IDEA 97 News. Follow the links to the regulations.
student at the age of majority,
Copies of the regulations are also available from: the IEP must, beginning at
Superintendent of Documents, U.S. Government Printing least one year before a student
Office, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA reaches the age of majority
15250-7954. Charge orders may be telephoned to: (202) 512- under State law, include a
1800. Ask for the Federal Register, March 12, 1999, which is statement that the student has
Volume 64, Number 48. The regulations for IDEA are on been informed of any rights
pages 12406-12671. that will transfer to him or her
upon reaching the age of
Sometime in early 2000, these regulations will be republished
as a part of the bound volume of the Code of Federal majority. ( 300.347(c)).
Regulations (CFR). They will appear in 34 CFR Parts 300 to
399. The CFR is also available from the U.S. Government The IDEA Amendments of
Printing Office at the contact information above. 1997 also permit, but do not
require, States to establish a
that greatly strengthen the 300.344(b) provides that (1) procedure for appointing the
involvement of students with the public agency shall invite a parent, or another appropriate
disabilities in decisions regard- student with a disability of any individual if the parent is not
ing their own futures, to age to attend his or her IEP available, to represent the
facilitate movement from meeting if a purpose of the educational interests of a
school to post-school activities. meeting will be the consider- student with a disability who
For example, those amend- ation of(i) The students has reached the age of majority
ments (1) retained, essentially transition services needs under under State law and has not
verbatim, the transition 300.347(b)(1); or (ii) The been determined to be incom-
services requirements from needed transition services for petent, but who is determined
the IDEA Amendments of 1990 the student under 300.347 not to have the ability to
(which provide that a state- (b)(2); or (iii) Both; and (2) provide informed consent with
ment of needed transition If the student does not attend respect to his or her educa-
services must be in the IEP of the IEP meeting, the public tional program.
each student with a disability, agency shall take other steps to
beginning no later than age ensure that the students 5. What is the role of the
parents, including surrogate
16); and (2) significantly preferences and interests are
parents, in decisions regarding
expanded those provisions by considered. ( 300.344(b) the educational program of
adding a new annual require- (2)). their children?
ment for the IEP to include
transition planning activities The IDEA Amendments of The parents of a child with
for students beginning at age 1997 also give States the a disability are expected to be
14. (See section IV of this authority to elect to transfer equal participants along with
appendix for a description of the rights accorded to parents school personnel, in develop-
the transition services require- under Part B to each student ing, reviewing, and revising the
ments and definition.) with a disability upon reaching IEP for their child. This is an
the age of majority under State active role in which the parents
With respect to student law (if the student has not (1) provide critical information
involvement in decisions been determined incompetent regarding the strengths of their
regarding transition services, under State law) ( 300.517). child and express their con-

NICHCY: 1-800-695-0285 8 LG2 (4th Edition)


cerns for enhancing the educa- cards), as specified in their the students preferences and
tion of their child; (2) partici- childs IEP, at least as often as interests are considered. (See
pate in discussions about the parents are informed of their 300.344(b)).
childs need for special educa- nondisabled childrens
tion and related services and progress, of their childs Section 300.517 permits,
supplementary aids and ser- progress toward the annual but does not require, States to
vices; and (3) join with the goals in the IEP and the extent transfer procedural rights
other participants in deciding to which that progress is under Part B from the parents
how the child will be involved sufficient to enable the child to to students with disabilities
and progress in the general achieve the goals by the end of who reach the age of majority
curriculum and participate in the year ( 300.347(a)(7)). under State law, if they have
State and district-wide assess- not been determined to be
ments, and what services the A surrogate parent is a incompetent under State law. If
agency will provide to the child person appointed to represent those rights are to be trans-
and in what setting. the interests of a child with a ferred from the parents to the
disability in the educational student, the public agency
As previously noted in the decision-making process when would be required to ensure
introduction to section II of no parent (as defined at that the student has the right
this Appendix, Part B specifi- 300.20) is known, the agency, to participate in IEP meetings
cally provides that parents of after reasonable efforts, cannot set forth for parents in
children with disabilities locate the childs parents, or 300.345. However, at the
the child is a ward of the State discretion of the student or the
Have an opportunity to under the laws of the State. A public agency, the parents also
participate in meetings with surrogate parent has all of the could attend IEP meetings as
respect to the identification, rights and responsibilities of a ...individuals who have
evaluation, and educational parent under Part B knowledge or special expertise
placement of their child, and ( 300.515.) regarding the child... (see
the provision of FAPE to the 300.344(a)(6)).
child (including IEP meetings) 6. What are the Part B
( 300.501(b), 300.344(a)(1), requirements regarding the In other circumstances, a
and 300.517); participation of a student child with a disability may
(child) with a disability in an attend if appropriate.
Be part of the groups IEP meeting? ( 300.344(a)(7)). Generally, a
that determine what additional If a purpose of an IEP child with a disability should
data are needed as part of an meeting for a student with a attend the IEP meeting if the
evaluation of their child disability will be the consider- parent decides that it is appro-
( 300.533(a) (1)), and deter- ation of the students transi- priate for the child to do so. If
mine their childs eligibility tion services needs or needed possible, the agency and
( 300.534(a)(1)) and educa- transition services under parents should discuss the
tional placement ( 300.501 300.347(b)(1) or (2), or appropriateness of the childs
(c)); both, the public agency must participation before a decision
invite the student and, as part is made, in order to help the
Have their concerns and parents determine whether or
of the notification to the
the information that they
parents of the IEP meeting,
provide regarding their child
inform the parents that the
considered in developing and
agency will invite the student
reviewing their childs IEPs
to the IEP meeting.
( 300.343(c) (iii) and
300.346(a)(1)(i) and (b)); and If the student does not
attend, the public agency must
Be regularly informed (by take other steps to ensure that
such means as periodic report

LG2 (4th Edition) 9 NICHCY: 1-800-695-0285


not the childs attendance tion can facilitate arrangements ( 300.343 (c)(iii) and
would be (1) helpful in devel- for the meeting, and help 300.346(a)(1) and (b)).
oping the IEP or (2) directly ensure a productive,
beneficial to the child or both. child-centered meeting. The IEP team should work
The agency should inform the toward consensus, but the
parents before each IEP meet- public agency has ultimate
ingas part of notification responsibility to ensure that
under 300.345(a)(1)that the IEP includes the services
they may invite their child to that the child needs in order to
participate. receive FAPE. It is not appropri-
ate to make IEP decisions
7. Must the public agency based upon a majority vote.
inform the parents of who will 8. Do parents have the right If the team cannot reach
be at the IEP meeting? to a copy of their childs IEP? consensus, the public agency
must provide the parents with
Yes. In notifying parents Yes. Section 300.345(f) prior written notice of the
about the meeting, the agency states that the public agency agencys proposals or refusals,
must indicate the purpose, shall give the parent a copy of or both, regarding the childs
time, and location of the the IEP at no cost to the educational program, and the
meeting, and who will be in parent. parents have the right to seek
attendance. ( 300.345(b),
resolution of any disagree-
italics added.) In addition, if a 9. What is a public agencys ments by initiating an impartial
purpose of the IEP meeting responsibility if it is not due process hearing.
will be the consideration of a possible to reach consensus on
students transition services what services should be Every effort should be
needs or needed transition included in a childs IEP?
made to resolve differences
services under 300.347(b)(1) between parents and school
The IEP meeting serves as a
or (2) or both, the notice must staff through voluntary media-
communication vehicle be-
also inform the parents that tion or some other informal
tween parents and school
the agency is inviting the step, without resort to a due
personnel, and enables them,
student, and identify any other process hearing. However,
as equal participants, to make
agency that will be invited to mediation or other informal
joint, informed decisions
send a representative. procedures may not be used to
regarding the (1) childs needs
and appropriate goals; (2) deny or delay a parents right
The public agency also
extent to which the child will to a due process hearing, or to
must inform the parents of the
be involved in the general deny any other rights afforded
right of the parents and the
curriculum and participate in under Part B.
agency to invite other individu-
the regular education environ-
als who have knowledge or 10. Does Part B require that
special expertise regarding the ment and State and district- public agencies inform parents
child, including related services wide assessments; and (3) regarding the educational
personnel as appropriate to be services needed to support that progress of their children with
members of the IEP team. involvement and participation disabilities?
( 300.345(b)(1)(ii).) and to achieve agreed-upon
goals. Parents are considered Yes. The Part B statute and
It also may be appropriate equal partners with school regulations include a number
for the agency to ask the personnel in making these of provisions to help ensure
parents to inform the agency of decisions, and the IEP team that parents are involved in
any individuals the parents will must consider the parents decisions regarding, and are
be bringing to the meeting. concerns and the information informed about, their childs
Parents are encouraged to let that they provide regarding educational progress, including
the agency know whom they their child in developing, the childs progress in the
intend to bring. Such coopera- reviewing, and revising IEPs general curriculum. First, the

NICHCY: 1-800-695-0285 10 LG2 (4th Edition)


achieve the goals by the end of them a free appropriate public
the year. education that emphasizes
special education and related
One method that public services designed to meet their
agencies could use in meeting unique needs and prepare
this requirement would be to them for employment and
provide periodic report cards independent living ...
to the parents of students with ( 300.1(a)). Section 701 of the
parents will be informed disabilities that include both Rehabilitation Act of 1973
regarding their childs present (1) the grading information describes the philosophy of
levels of educational perfor- provided for all children in the independent living as including
mance through the develop- agency at the same intervals; a philosophy of consumer
ment of the IEP. Section and (2) the specific informa- control, peer support,
300.347(a)(1) requires that tion required by 300.347(a) self-help, self-determination,
each IEP include: (7)(ii)(A) and (B). equal access, and individual
...A statement of the and system advocacy, in order
Finally, the parents, as part to maximize the leadership,
childs present levels of educa- of the IEP team, will participate
tional performance, includ- empowerment, independence,
at least once every 12 months and productivity of individuals
ing(i) how the childs dis- in a review of their childs
ability affects the childs in- with disabilities, and the
educational progress. Section integration and full inclusion
volvement and progress in the 300.343(c) requires that a
general curriculum; or (ii) for of individuals with disabilities
public agency initiate and into the mainstream of Ameri-
preschool children, as appro- conduct a meeting, at which
priate, how the disability can society. Because many
the IEP team: students receiving services
affects the childs participation
in appropriate activities... under IDEA will also receive
...(1) Reviews the childs
services under the Rehabilita-
IEP periodically, but not less
Further, 300.347(a)(7) tion Act, it is important, in
than annually to determine
sets forth new requirements for planning for their future, to
whether the annual goals for
regularly informing parents consider the impact of both
the child are being achieved;
about their childs educational statutes.
and (2) revises the IEP as
progress, as regularly as parents appropriate to address(i) any
of nondisabled children are Similarly, one of the key
lack of expected progress purposes of the IDEA Amend-
informed of their childs toward the annual goals...and
progress. That section requires ments of 1997 was to pro-
in the general curriculum, if mote improved educational
that the IEP include: appropriate; (ii) The results of results for children with dis-
any reevaluation...; (iii) Infor- abilities through early interven-
A statement of(i) How
mation about the child pro- tion, preschool, and educa-
the childs progress toward the
vided to, or by, the parents...; tional experiences that prepare
annual goals...will be mea-
(iv) The childs anticipated them for later educational
sured; and (ii) how the childs
needs; or (v) Other matters. challenges and employment.
parents will be regularly in-
formed (by such means as (H. Rep. No. 105-95, p. 82
III. Preparing Students (1997); S. Rep. No. 105-17, p.
periodic report cards), at least
With Disabilities for 4 (1997)).
as often as parents are in-
formed of their nondisabled
Employment and Other
childrens progress, of(A) Post-School Experiences Thus, throughout their
their childs progress toward preschool, elementary, and
One of the primary pur- secondary education, the IEPs
the annual goals; and (B) the
poses of the IDEA is to ...en- for children with disabilities
extent to which that progress is
sure that all children with must, to the extent appropriate
sufficient to enable the child to
disabilities have available to for each individual child, focus

LG2 (4th Edition) 11 NICHCY: 1-800-695-0285


on providing instruction and mined appropriate by the IEP
experiences that enable the team), a statement of needed
child to prepare himself or transition services... (H. Rep.
herself for later educational No. 105-95, p. 102 (1997); S.
experiences and for Rep. No. 105-17, p. 22 (1997)).
post-school activities, including As clarified by the Reports,
formal education, if appropri- The purpose of [the require-
ate, employment, and indepen- a statement of needed transi- ment in 300.347(b)(1)(i)] is
dent living. Many students tion services: to focus attention on how the
with disabilities will obtain childs educational program
services through State voca- Beginning at age 14 and can be planned to help the
tional rehabilitation programs younger if appropriate, and child make a successful transi-
to ensure that their educational updated annually, each tion to his or her goals for life
goals are effectively imple- students IEP must include: after secondary school.
mented in post-school activi- (H. Rep. No. 105-95, pp.
ties. Services available through ...a statement of the 101-102 (1997); S. Rep. No.
rehabilitation programs are transition service needs of the 105-17, p. 22 (1997)). The
consistent with the underlying student under the applicable Reports further explain that
purpose of IDEA. components of the students [F]or example, for a child
IEP that focuses on the whose transition goal is a job, a
Although preparation for students courses of study transition service could be
adult life is a key component (such as participation in teaching the child how to get
of FAPE throughout the educa- advanced-placement courses or to the job site on public
tional experiences of students a vocational education pro- transportation. (H. Rep. No.
with disabilities, Part B sets gram) ( 300.347(b) (1)(i)). 105-95, p. 102 (1997); S. Rep.
forth specific requirements No. 105-17, p. 22 (1997)).
related to transition planning Beginning at age 16 (or
and transition services that younger, if determined appro- Thus, beginning at age 14,
must be implemented no later priate by the IEP team), each the IEP team, in determining
than ages 14 and 16, respec- students IEP must include: appropriate measurable annual
tively, and which require an goals (including benchmarks or
intensified focus on that ...a statement of needed short-term objectives) and
preparation as these students transition services for the services for a student, must
begin and prepare to complete student, including, if appropri- determine what instruction
their secondary education. ate, a statement of the inter- and educational experiences
agency responsibilities or any will assist the student to
11. What must the IEP team needed linkages. ( 300.347 prepare for transition from
do to meet the requirements (b)(2)). secondary education to
that the IEP include a post-secondary life.
statement of...transition The Committee Reports on
service needs beginning at the IDEA Amendments of 1997 The statement of transition
age 14 ( 300.347(b)(1)(i)), make clear that the require- service needs should relate
and a statement of needed ment added to the statute in
transition services no later directly to the students goals
1997 that beginning at age 14, beyond secondary education,
than age 16 ( 300.347(b)(2)?
and updated annually, the IEP and show how planned studies
Section 300.347(b)(1) include a statement of the are linked to these goals. For
requires that, beginning no transition service needs is example, a student interested
later than age 14, each ...designed to augment, and in exploring a career in com-
students IEP include specific not replace, the separate, puter science may have a
transition-related content, and, preexisting requirement that statement of transition services
beginning no later than age 16, the IEP include, ...beginning at needs connected to technology
age 16 (or younger, if deter- course work, while another

NICHCY: 1-800-695-0285 12 LG2 (4th Edition)


students statement of transi- set of activities..., designed
tion services needs could within an outcome-oriented
describe why public bus trans- process, that promotes move-
portation training is important ment from school to post-
for future independence in the school activities.... ( 300.29)
community. Section 300.344(b)(3) further
requires that, in implementing
Although the focus of the the interagency responsibilities
300.347(b)(1), public agen-
transition planning process or any needed linkages.
cies (in addition to required
may shift as the student ap- participants for all IEP meet-
The term transition ser-
proaches graduation, the IEP ings), must also invite a repre-
vices is defined at 300.29 to
team must discuss specific sentative of any other agency
mean:
areas beginning at least at the that is likely to be responsible
age of 14 years and review ...a coordinated set of for providing or paying for
these areas annually. As noted activities for a student with a transition services. Thus,
in the Committee Reports, a disability that(1) Is designed 300.347(b)(2) requires a
disproportionate number of within an outcome-oriented broader focus on coordination
students with disabilities drop process, that promotes move- of services across, and linkages
out of school before they ment from school to post- between, agencies beyond the
complete their secondary school activities, including SEA and LEA.
education: Too many students post-secondary education,
with disabilities are failing 12. Must the IEP for each
vocational training, integrated
courses and dropping out of student with a disability,
employment (including sup- beginning no later than age
school. Almost twice as many ported employment), continu-
students with disabilities drop 16, include all needed
ing and adult education, adult transition services, as
out as compared to students services, independent living, or identified by the IEP team and
without disabilities. (H. Rep. community participation; (2) Is consistent with the definition
No. 105-95, p. 85 (1997), S. based on the individual at 300.29, even if an agency
Rep. No. 105-17, p. 5 (1997).) students needs, taking into other than the public agency
account the students prefer- will provide those services?
To help reduce the number What is the public agencys
ences and interests; and (3)
of students with disabilities responsibility if another
Includes(i) Instruction; (ii)
that drop out, it is important agency fails to provide
Related services; (iii) Commu-
that the IEP team work with agreed-upon transition
nity experiences; (iv) The services?
each student with a disability
development of employment
and the students family to
and other post- school adult Section 300.347(b)(2)
select courses of study that will
living objectives; and (v) If requires that the IEP for each
be meaningful to the students
appropriate, acquisition of child with a disability, begin-
future and motivate the stu-
daily living skills and func- ning no later than age 16, or
dent to complete his or her
tional vocational evaluation. younger if determined appro-
education.
priate by the IEP team, include
Thus, while 300.347(b) all needed transition services,
This requirement is distinct
(1) requires that the IEP team as identified by the IEP team
from the requirement, at
begin by age 14 to address the and consistent with the defini-
300.347(b)(2), that the IEP
students need for instruction tion at 300.29, regardless of
include:
that will assist the student to whether the public agency or
...beginning at age 16 (or prepare for transition, the IEP some other agency will provide
younger, if determined appro- must include by age 16 a those services. Section
priate by the IEP team), a statement of needed transition 300.347(b)(2) specifically
statement of needed transition services under 300.347(b)(2) requires that the statement of
services for the child, including, that includes a coordinated needed transition services
if appropriate, a statement of

LG2 (4th Edition) 13 NICHCY: 1-800-695-0285


include, ...if appropriate, a agency provide the services, or (2) specifically requires that if
statement of the interagency convene an IEP meeting as an agency other than the LEA
responsibilities or any needed soon as possible to identify fails to provide or pay for a
linkages. alternative strategies to meet special education or related
the transition services objec- service (which could include a
Further, the IDEA Amend- tives, and to revise the IEP transition service), the LEA
ments of 1997 also permit an accordingly. must, without delay, provide
LEA to use up to five percent or pay for the service, and may
of the Part B funds it receives Alternative strategies might then claim reimbursement
in any fiscal year in combina- include the identification of from the agency that failed to
tion with other amounts, another funding source, referral provide or pay for the service.)
which must include amounts to another agency, the public
other than education funds, to agencys identification of other 13. Under what circumstances
develop and implement a district-wide or community must a public agency invite
coordinated services system. resources that it can use to representatives from other
These funds may be used for meet the students identified agencies to an IEP meeting at
activities such as: (1) linking needs appropriately, or a which a childs need for
transition services will be
IEPs under Part B and Indi- combination of these strate-
considered?
vidualized Family Service Plans gies. As emphasized by
(IFSPs) under Part C, with 300.348(b), however: Section 300.344 requires
Individualized Service Plans that, In implementing the
developed under multiple Nothing in [Part B] re-
requirements of [ 300.347(b)
Federal and State programs, lieves any participating agency,
(1)(ii) requiring a statement of
such as Title I of the Rehabilita- including a State vocational
needed transition services], the
tion Act; and (2) developing rehabilitation agency, of the
public agency shall also invite a
and implementing interagency responsibility to provide or pay
representative of any other
financing strategies for the for any transition service that
agency that is likely to be
provision of services, including the agency would otherwise
responsible for providing or
transition services under Part B. provide to students with
paying for transition services.
disabilities who meet the
To meet this requirement, the
The need to include, as part eligibility criteria of that
public agency must identify all
of a students IEP, transition agency.
agencies that are likely to be
services to be provided by
However, the fact that an responsible for providing or
agencies other than the public
agency other than the public paying for transition services
agency is contemplated by
agency does not fulfill its for each student addressed by
300.348(a), which specifies
responsibility does not relieve 300.347(b)(1), and must
what the public agency must
the public agency of its respon- invite each of those agencies to
do if another agency participat-
sibility to ensure that FAPE is the IEP meeting; and if an
ing in the development of the
available to each student with a agency invited to send a repre-
statement of needed transition
disability. (Section 300.142(b) sentative to a meeting does not
services fails to provide a
do so, the public agency
needed transition service
must take other steps to
that it had agreed to provide.
obtain the participation of
If an agreed-upon service that agency in the planning
by another agency is not of any transition services.
provided, the public agency
If, during the course of
responsible for the students
an IEP meeting, the team
education must implement
identifies additional agencies
alternative strategies to meet
that are likely to be respon-
the students needs. This
sible for providing or paying
requires that the public
for transition services for

NICHCY: 1-800-695-0285 14 LG2 (4th Edition)


the student, the public agency development of IEPs for
must determine how it will children with disabilities served
meet the requirements of by a public agency other than
300.344. an LEA will vary from State to
State, depending upon State
IV. Other Questions law, policy, or practice. The SEA
Regarding the is ultimately responsible for
Development and ensuring that all Part B require-
Content of IEPS the child. However, it is essen-
ments, including the IEP
requirements, are met for
14. For a child with a disability tial that the temporary place-
eligible children within the
receiving special education for ment not become the final
State, including those children
the first time, when must an placement before the IEP is
served by a public agency other
IEP be developedbefore or finalized. In order to ensure
than an LEA. Thus, the SEA
after the child begins to that this does not happen, the
must ensure that every eligible
receive special education and State might consider requiring
child with a disability in the
related services? LEAs to take the following
State has FAPE available,
actions:
Section 300.342(b)(1) regardless of which State or
requires that an IEP be in effect a. Develop an interim IEP local agency is responsible for
before special education and for the child that sets out the educating the child. (The only
related services are provided to specific conditions and exception to this responsibility
an eligible child... (Italics timelines for the trial place- is that the SEA is not respon-
added.) ment. (See paragraph c, follow- sible for ensuring that FAPE is
ing.) made available to children with
The appropriate placement disabilities who are convicted
for a particular child with a b. Ensure that the parents as adults under State law and
disability cannot be deter- agree to the interim placement incarcerated in adult prisons, if
mined until after decisions before it is carried out, and the State has assigned that
have been made about the that they are involved through- responsibility to a public
childs needs and the services out the process of developing, agency other than the SEA.
that the public agency will reviewing, and revising the (See 300.600(d)).
provide to meet those needs. childs IEP.
These decisions must be made Although the SEA has
at the IEP meeting, and it c. Set a specific timeline flexibility in deciding the best
would not be permissible first (e.g., 30 days) for completing means to meet this obligation
to place the child and then the evaluation, finalizing the (e.g., through interagency
develop the IEP. Therefore, the IEP, and determining the agreements), the SEA must
IEP must be developed before appropriate placement for the ensure that no eligible child
placement. (Further, the childs child. with a disability is denied FAPE
placement must be based, due to jurisdictional disputes
among other factors, on the d. Conduct an IEP meeting among agencies.
childs IEP.) at the end of the trial period in
order to finalize the childs IEP. When an LEA is responsible
This requirement does not for the education of a child
preclude temporarily placing an 15. Who is responsible for with a disability, the LEA
eligible child with a disability ensuring the development of remains responsible for devel-
IEPs for children with oping the childs IEP, regardless
in a program as part of the
disabilities served by a public of the public or private school
evaluation processbefore the agency other than an LEA?
IEP is finalizedto assist a setting into which it places the
public agency in determining The answer as to which child.
the appropriate placement for public agency has direct re-
sponsibility for ensuring the

LG2 (4th Edition) 15 NICHCY: 1-800-695-0285


16. For a child placed out of parent believes that it is not
State by an educational or appropriate, the new public
non-educational State or local agency must develop a new IEP
agency, is the placing or through appropriate proce-
receiving State responsible for dures within a short time after
the childs IEP?
the child enrolls in the new
Regardless of the reason for public agency (normally, within
the placement, the placing one week).
meet this responsibility by
State is responsible for ensur-
either adopting the IEP the 18. What timelines apply to
ing that the childs IEP is the development and
former public agency devel-
developed and that it is imple- implementation of an initial
oped for the child or by devel-
mented. The determination of IEP for a child with a
oping a new IEP for the child.
the specific agency in the
(The new public agency is disability?
placing State that is responsible
strongly encouraged to con-
for the childs IEP would be Section 300.343(b) requires
tinue implementing the IEP
based on State law, policy, or each public agency to ensure
developed by the former
practice. However, the SEA in that within a reasonable period
public agency, if appropriate,
the placing State is ultimately of time following the agencys
especially if the parents believe
responsible for ensuring that receipt of parent consent to an
their child was progressing
the child has FAPE available. initial evaluation of a child, the
appropriately under that IEP.)
child is evaluated and, if
17. If a disabled child has been determined eligible, special
receiving special education Before the childs IEP is
finalized, the new public education and related services
from one public agency and are made available to the child
transfers to another public agency may provide interim
in accordance with an IEP. The
agency in the same State, services agreed to by both the
section further requires the
must the new public agency parents and the new public
develop an IEP before the agency. If the parents and the agency to conduct a meeting to
child can be placed in a new public agency are unable develop an IEP for the child
special education program? to agree on an interim IEP and within 30 days of determining
placement, the new public that the child needs special
If a child with a disability agency must implement the education and related services.
moves from one public agency old IEP to the extent possible
to another in the same State, Section 300.342(b)(2)
until a new IEP is developed
the State and its public agen- provides that an IEP must be
and implemented.
cies have an ongoing responsi- implemented as soon as
bility to ensure that FAPE is In general, while the new possible following the meeting
made available to that child. public agency must conduct an in which the IEP is developed.
This means that if a child IEP meeting, it would not be
moves to another public 19. Must a public agency hold
necessary if: (1) A copy of the separate meetings to
agency the new agency is childs current IEP is available; determine a childs eligibility
responsible for ensuring that (2) the parents indicate that for special education and
the child has available special they are satisfied with the related services, develop the
education and related services current IEP; and (3) the new childs IEP, and determine the
in conformity with an IEP. public agency determines that childs placement, or may the
the current IEP is appropriate agency meet all of these
The new public agency and can be implemented as requirements in a single
must ensure that the child has written. meeting?
an IEP in effect before the
agency can provide special If the childs current IEP is A public agency may, after
education and related services. not available, or if either the a child is determined by a
The new public agency may new public agency or the group of qualified profession-
als and the parent (see

NICHCY: 1-800-695-0285 16 LG2 (4th Edition)


300.534(a)(1)) to be a child meeting to review the childs
with a disability, continue in IEP.
the same meeting to develop
an IEP for the child and then The legislative history of
to determine the childs place- Public Law 94-142 makes it
ment. However, the public clear that there should be as
agency must ensure that it many meetings a year as any
meets: (1) the requirements of one child may need (121 Cong.
300.535 regarding eligibility A public agency also must Rec. S20428-29 (Nov. 19, 1975)
decisions; (2) all of the Part B ensure that an IEP is in effect (remarks of Senator Stafford)).
requirements regarding meet- for each child at the beginning Public agencies should grant
ings to develop IEPs (including of each school year ( 300.342 any reasonable parent request
providing appropriate notifica- (a)). It may conduct IEP meet- for an IEP meeting. For ex-
tion to the parents, consistent ings at any time during the ample, if the parents question
with the requirements of year. However, if the agency the adequacy of services that
300.345, 300.503, and conducts the IEP meeting prior are provided while their child is
300.504, and ensuring that all to the beginning of the next suspended for short periods of
the required team members school year, it must ensure that time, it would be appropriate
participate in the development the IEP contains the necessary to convene an IEP meeting.
of the IEP, consistent with the special education and related
requirements of 300.344;) services and supplementary In general, if either a parent
and (3) ensuring that the aids and services to ensure that or a public agency believes that
placement is made by the the students IEP can be appro- a required component of the
required individuals, including priately implemented during students IEP should be
the parent, as required by the next school year. Other- changed, the public agency
300.552 and 300.501(c). wise, it would be necessary for must conduct an IEP meeting if
the public agency to conduct it believes that a change in the
20. How frequently must a another IEP meeting. IEP may be necessary to ensure
public agency conduct the provision of FAPE.
meetings to review, and, if Although the public agency
appropriate, revise the IEP for is responsible for determining If a parent requests an IEP
each child with a disability? when it is necessary to conduct meeting because the parent
an IEP meeting, the parents of believes that a change is
A public agency must needed in the provision of
a child with a disability have
initiate and conduct meetings FAPE to the child or the educa-
the right to request an IEP
periodically, but at least once tional placement of the child,
meeting at any time. For ex-
every twelve months, to review and the agency refuses to
ample, if the parents believe
each childs IEP, in order to convene an IEP meeting to
that the child is not progress-
determine whether the annual determine whether such a
ing satisfactorily or that there is
goals for the child are being change is needed, the agency
a problem with the childs
achieved, and to revise the IEP, must provide written notice to
current IEP, it would be appro-
as appropriate, to address: (a) the parents of the refusal,
priate for the parents to re-
Any lack of expected progress including an explanation of
quest an IEP meeting.
toward the annual goals and in why the agency has determined
the general curriculum, if If a childs teacher feels that that conducting the meeting is
appropriate; (b) the results of the childs IEP or placement is not necessary to ensure the
any reevaluation; (c) informa- not appropriate for the child, provision of FAPE to the
tion about the child provided the teacher should follow student.
to, or by, the parents; (d) the agency procedures with respect
childs anticipated needs; or (e) to: (1) calling or meeting with Under 300.507(a), the
other matters ( 300.343(c)). the parents or (2) requesting parents or agency may initiate a
the agency to hold another IEP due process hearing at any time

LG2 (4th Edition) 17 NICHCY: 1-800-695-0285


regarding any proposal or member of the IEP team to
refusal regarding the identifica- also serve as the agency repre-
tion, evaluation, or educational sentative, so long as that
placement of the child, or the individual meets the require-
provision of FAPE to the child, ments of 300.344(a)(4).
and the public agency must
inform parents about the 23. For a child with a disability
availability of mediation. being considered for initial
under both FERPA (34 CFR provision of special education
21. May IEP meetings be part 99) and part B and related services, which
audio- or video-tape-recorded? ( 300.560- 300.575). teacher or teachers should
attend the IEP meeting?
Part B does not address the Parents wishing to use
use of audio or video recording audio or video recording A childs IEP team must
devices at IEP meetings, and no devices at IEP meetings should include at least one of the
other Federal statute either consult State or local policies childs regular education
authorizes or prohibits the for further guidance. teachers (if the child is, or may
recording of an IEP meeting by be participating in the regular
either a parent or a school 22. Who can serve as the education environment) and at
official. Therefore, an SEA or representative of the public least one of the childs special
agency at an IEP meeting? education teachers, or, if
public agency has the option
to require, prohibit, limit, or appropriate, at least one of the
The IEP team must include childs special education pro-
otherwise regulate the use of a representative of the public
recording devices at IEP meet- viders ( 300.344(a)(2) and
agency who: (a) Is qualified to (3)).
ings. provide, or supervise the
provision of, specially designed Each IEP must include a
If a public agency has a
instruction to meet the unique statement of the present levels
policy that prohibits or limits
needs of children with disabili- of educational performance,
the use of recording devices at
ties; (b) is knowledgeable including a statement of how
IEP meetings, that policy must
about the general curriculum; the childs disability affects the
provide for exceptions if they
and (c) is knowledgeable childs involvement and
are necessary to ensure that the
about the availability of re- progress in the general curricu-
parent understands the IEP or
sources of the public agency lum ( 300.347(a)(1)). At least
the IEP process or to imple-
( 300.344(a) (4)). one regular education teacher
ment other parental rights
guaranteed under Part B. An is a required member of the
Each public agency may IEP team of a child who is, or
SEA or school district that determine which specific staff
adopts a rule regulating the may be, participating in the
member will serve as the regular educational environ-
tape recording of IEP meetings agency representative in a
also should ensure that it is ment, regardless of the extent
particular IEP meeting, so long of that participation.
uniformly applied. as the individual meets these
requirements. It is important, The requirements of
Any recording of an IEP
however, that the agency 300.344(a)(3) can be met by
meeting that is maintained by
representative have the author- either: (1) a special education
the public agency is an educa-
ity to commit agency resources teacher of the child; or (2)
tion record, within the mean-
and be able to ensure that another special education
ing of the Family Educational
whatever services are set out in provider of the child, such as a
Rights and Privacy Act
the IEP will actually be pro- speech pathologist, physical or
(FERPA; 20 U.S.C. 1232g),
vided. occupational therapist, etc., if
and would, therefore, be
subject to the confidentiality the related service consists of
A public agency may desig- specially designed instruction
requirements of the regulations nate another public agency

NICHCY: 1-800-695-0285 18 LG2 (4th Edition)


and is considered special 24. What is the role of a childs needs and the purpose
education under applicable regular education teacher in of the specific IEP team meet-
State standards. the development, review and ing) be required to participate
revision of the IEP for a child in all decisions made as part of
Sometimes more than one who is, or may be, the meeting or to be present
meeting is necessary in order to participating in the regular
throughout the entire meeting
finalize a childs IEP. In this education environment?
or attend every meeting. For
process, if the special educa- example, the regular education
As required by 300.344(a)
tion teacher or special educa- teacher who is a member of the
(2), the IEP team for a child
tion provider who will be IEP team must participate in
with a disability must include
working with the child is discussions and decisions
at least one regular education
identified, it would be useful about how to modify the
teacher of the child if the child
to have that teacher or provider general curriculum in the
is, or may be, participating in
participate in the meeting with regular classroom to ensure the
the regular education environ-
the parents and other members childs involvement and
ment. Section 300.346(d)
of the IEP team in finalizing progress in the general curricu-
further specifies that the
the IEP. If this is not possible, lum and participation in the
regular education teacher of a
the public agency must ensure regular education environment.
child with a disability, as a
that the teacher or provider has
member of the IEP team, must,
access to the childs IEP as Depending upon the
to the extent appropriate,
soon as possible after it is specific circumstances, how-
participate in the development,
finalized and before beginning ever, it may not be necessary
review, and revision of the
to work with the child. for the regular education
childs IEP, including assisting
teacher to participate in discus-
Further, (consistent with in(1) the determination of
sions and decisions regarding,
300.342(b)), the public appropriate positive behavioral
for example, the physical
agency must ensure that each interventions and strategies for
therapy needs of the child, if
regular education teacher, the child; and (2) the determi-
the teacher is not responsible
special education teacher, nation of supplementary aids
for implementing that portion
related services provider and and services, program modifi-
of the childs IEP.
other service provider of an cations, and supports for
eligible child under this part school personnel that will be In determining the extent
(1) has access to the childs IEP, provided for the child, consis- of the regular education
and (2) is informed of his or tent with 300.347(a)(3) teachers participation at IEP
her specific responsibilities ( 300.344(d)). meetings, public agencies and
related to implementing the parents should discuss and try
Thus, while a regular
IEP, and of the specific accom- to reach agreement on whether
education teacher must be a
modations, modifications, and the childs regular education
member of the IEP team if the
supports that must be pro- teacher that is a member of the
child is, or may be, participat-
vided to the child in accor- IEP team should be present at
ing in the regular education
dance with the IEP. This re- a particular IEP meeting and, if
environment, the teacher need
quirement is crucial to ensuring so, for what period of time.
not (depending upon the
that each child receives FAPE in The extent to which it would
accordance with his or her IEP, be appropriate for the regular
and that the IEP is appropri- education teacher member of
ately and effectively imple- the IEP team to participate in
mented. IEP meetings must be decided
on a case-by-case basis.

LG2 (4th Edition) 19 NICHCY: 1-800-695-0285


count the best interest of the 27. For a child whose primary
child. disability is a speech
impairment, may a public
In a situation in which not agency meet its responsibility
all of the childs regular educa- under 300.344(a)(3) to
tion teachers are members of ensure that the IEP team
the childs IEP team, the LEA is includes at least one special
education teacher, or, if
strongly encouraged to seek
appropriate, at least one
25. If a child with a disability input from the teachers who special education provider of
attends several regular will not be attending. In the child by including a
classes, must all of the childs addition, (consistent with speech-language pathologist
regular education teachers be 300.342(b)), the LEA must on the IEP team?
members of the childs IEP ensure that each regular educa-
team? tion teacher (as well as each Yes, if speech is considered
special education teacher, special education under State
No. The IEP team need not related services provider, and standards. As with other
include more than one regular other service provider) of an children with disabilities, the
education teacher of the child. eligible child under this part IEP team must also include at
If the participation of more (1) has access to the childs IEP, least one of the childs regular
than one regular education and (2) is informed of his or education teachers if the child
teacher would be beneficial to her specific responsibilities is, or may be, participating in
the childs success in school related to implementing the the regular education environ-
(e.g., in terms of enhancing the IEP, and of the specific accom- ment.
childs participation in the modations, modifications and
general curriculum), it would supports that must be pro- 28. Do parents and public
be appropriate for them to vided to the child in accor- agencies have the option of
attend the meeting. inviting any individual of their
dance with the IEP.
choice to be participants on
26. How should a public their childs IEP team?
In the case of a child whose
agency determine which behavior impedes the learning
regular education teacher and The IEP team may, at the
of the child or others, the LEA
special education teacher will discretion of the parent or the
be members of the IEP team is encouraged to have a regular agency, include other indi-
for a particular child with a education teacher or other viduals who have knowledge or
disability? person knowledgeable about special expertise regarding the
positive behavior strategies at child... ( 300.344(a)(6),
The regular education the IEP meeting. This is espe- italics added). Under
teacher who serves as a mem- cially important if the regular 300.344(a)(6), these indi-
ber of a childs IEP team education teacher is expected viduals are members of the IEP
should be a teacher who is, or to carry out portions of the team. This is a change from
may be, responsible for imple- IEP. prior law, which provided,
menting a portion of the IEP, without qualification, that
so that the teacher can partici- Similarly, the special educa-
parents or agencies could have
pate in discussions about how tion teacher or provider of the
other individuals as members
best to teach the child. child who is a member of the
of the IEP team at the discre-
childs IEP team should be the
tion of the parents or agency.
If the child has more than person who is, or will be,
one regular education teacher responsible for implementing Under 300.344(c), the
responsible for carrying out a the IEP. If, for example, the determination as to whether an
portion of the IEP, the LEA childs disability is a speech individual has knowledge or
may designate which teacher or impairment, the special educa- special expertise, within the
teachers will serve as IEP team tion teacher on the IEP team meaning of 300.344(a) (6),
member(s), taking into ac- could be the speech-language shall be made by the parent or
pathologist.

NICHCY: 1-800-695-0285 20 LG2 (4th Edition)


public agency who has invited includes at the discretion of
the individual to be a member the parent or the agency, other
of the IEP team. individuals who have knowl-
edge or special expertise regard-
Part B does not provide for ing the child, including related
tribute to a potentially
including individuals such as services personnel as appropri-
adversarial atmosphere at the
representatives of teacher ate.... (Italics added.)
meeting. The same is true with
organizations as part of an IEP
regard to the presence of an
team, unless they are included Further, 300.344(a)(3)
attorney accompanying the
because of knowledge or requires that the IEP team for
parents at the IEP meeting.
special expertise regarding the each child with a disability
Even if the attorney possessed
child. (Because a representative include at least one special
knowledge or special expertise
of a teacher organization education teacher, or, if appro-
regarding the child
would generally be concerned priate, at least one special
( 300.344(a)(6)), an
with the interests of the teacher education provider of the
attorneys presence would have
rather than the interests of the child... This requirement can
the potential for creating an
child, and generally would not be met by the participation of
adversarial atmosphere that
possess knowledge or expertise either (1) a special education
would not necessarily be in the
regarding the child, it generally teacher of the child, or (2)
best interests of the child.
would be inappropriate for another special education
such an official to be a member Therefore, the attendance provider such as a speech-
of the IEP team or to otherwise of attorneys at IEP meetings language pathologist, physical
participate in an IEP meeting.) should be strongly discour- or occupational therapist, etc.,
aged. Further, as specified in if the related service consists of
29. Can parents or public specially designed instruction
Section 615(i)(3)(D)(ii) of the
agencies bring their attorneys and is considered special
to IEP meetings, and, if so Act and 300.513(c)(2)(ii),
Attorneys fees may not be education under the applicable
under what circumstances?
State standard.
Are attorneys fees available awarded relating to any meet-
for parents attorneys if the ing of the IEP team unless the
If a child with a disability
parents are prevailing parties meeting is convened as a result
in actions or proceedings has an identified need for
of an administrative proceed-
brought under Part B? related services, it would be
ing or judicial action, or, at the
appropriate for the related
discretion of the State, for a
Section 300.344(a)(6) services personnel to attend
mediation conducted prior to
authorizes the addition to the the meeting or otherwise be
the request for a due process
IEP team of other individuals involved in developing the IEP.
hearing.
at the discretion of the parent As explained in the Committee
or the public agency only if 30. Must related services Reports on the IDEA Amend-
those other individuals have personnel attend IEP ments of 1997, Related ser-
knowledge or special expertise meetings? vices personnel should be
regarding the child. The deter- included on the team when a
mination of whether an attor- Although Part B does not particular related service will be
ney possesses knowledge or expressly require that the IEP discussed at the request of the
special expertise regarding the team include related services childs parents or the school.
child would have to be made personnel as part of the IEP (H. Rep. No. 105-95, p. 103
on a case-by-case basis by the team ( 300.344(a)), it is (1997); S. Rep. No. 105-17, p.
parent or public agency inviting appropriate for those persons 23 (1997)). For example, if the
the attorney to be a member of to be included if a particular childs evaluation indicates the
the team. related service is to be dis- need for a specific related
cussed as part of the IEP service (e.g., physical therapy,
The presence of the meeting. Section 300.344(a)(6) occupational therapy, special
agencys attorney could con- provides that the IEP team also transportation services, school

LG2 (4th Edition) 21 NICHCY: 1-800-695-0285


social work services, school and the childs needs and
health services, or counsel- the services to be pro-
ing), the agency should vided to meet those
ensure that a qualified needs.
provider of that service
either (1) attends the IEP 33. Must a public agency
meeting, or (2) provides a include transportation in
written recommendation a childs IEP as a related
service?
concerning the nature, fre- meets the students needs as
quency, and amount of service specified in the IEP. The SEA As with other related
to be provided to the child. and responsible public agency services, a public agency must
This written recommendation may not allow the failure of provide transportation as a
could be a part of the evalua- another agency to provide related service if it is required
tion report. service(s) described in the to assist the disabled child to
childs IEP to deny or delay the benefit from special education.
A public agency must provision of FAPE to the child. (This includes transporting a
ensure that all individuals who (See 300.142, Methods of preschool-aged child to the site
are necessary to develop an IEP ensuring services.) at which the public agency
that will meet the childs
provides special education and
unique needs, and ensure the 32. Is it permissible for an
related services to the child, if
provision of FAPE to the child, agency to have the IEP
completed before the IEP that site is different from the
participate in the childs IEP
meeting begins? site at which the child receives
meeting.
other preschool or day care
31. Must the public agency No. Agency staff may come services.)
ensure that all services to an IEP meeting prepared
specified in a childs IEP are with evaluation findings and In determining whether to
provided? proposed recommendations include transportation in a
regarding IEP content, but the childs IEP, and whether the
Yes. The public agency agency must make it clear to child needs to receive transpor-
must ensure that all services set the parents at the outset of the tation as a related service, it
forth in the childs IEP are meeting that the services would be appropriate to have
provided, consistent with the proposed by the agency are at the IEP meeting a person
childs needs as identified in only recommendations for with expertise in that area. In
the IEP. The agency may pro- review and discussion with the making this determination, the
vide each of those services parents. Parents have the right IEP team must consider how
directly, through its own staff to bring questions, concerns, the childs disability affects the
resources; indirectly, by con- and recommendations to an childs need for transportation,
tracting with another public or IEP meeting as part of a full including determining whether
private agency; or through discussion of the childs needs the childs disability prevents
other arrangements. In provid- and the services to be provided the child from using the same
ing the services, the agency may to meet those needs before the transportation provided to
use whatever State, local, IEP is finalized. nondisabled children, or from
Federal, and private sources of getting to school in the same
support are available for those Public agencies must manner as nondisabled chil-
purposes (see 300.301(a)); ensure that, if agency person- dren.
but the services must be at no nel bring drafts of some or all
cost to the parents, and the of the IEP content to the IEP The public agency must
public agency remains respon- meeting, there is a full discus- ensure that any transportation
sible for ensuring that the IEP sion with the childs parents, service included in a childs IEP
services are provided in a before the childs IEP is final- as a related service is provided
manner that appropriately ized, regarding drafted content at public expense and at no

NICHCY: 1-800-695-0285 22 LG2 (4th Edition)


cost to the parents, and that 34. Must a public agency for 30-45 minutes per session)
the childs IEP describes the provide related services that only if the IEP team determines
transportation arrangement. are required to assist a child that stating the amount of
with a disability to benefit services as a range is necessary
Even if a childs IEP team from special education, to meet the unique needs of
determines that the child does whether or not those services
the child. For example, it
not require transportation as a are included in the list of
related services in 300.24? would be appropriate for the
related service, Section 504 of IEP to specify, based upon the
the Rehabilitation Act of 1973, The list of related services is IEP teams determination of
as amended, requires that the not exhaustive and may in- the students unique needs,
child receive the same transpor- clude other developmental, that particular services are
tation provided to corrective, or supportive ser- needed only under specific
nondisabled children. If a vices if they are required to circumstances, such as the
public agency transports assist a child with a disability occurrence of a seizure or of a
nondisabled children, it must to benefit from special educa- particular behavior. A range
transport disabled children tion. This could, depending may not be used because of
under the same terms and upon the unique needs of a personnel shortages or uncer-
conditions. However, if a child, include such services as tainty regarding the availability
childs IEP team determines nutritional services or service of staff.
that the child does not need coordination.
transportation as a related 36. Under what circumstances
service, and the public agency These determinations must is a public agency required to
transports only those children be made on an individual basis permit a child with a disability
whose IEPs specify transporta- to use a school-purchased
by each childs IEP team.
tion as a related service, and assistive technology device in
35. Must the IEP specify the the childs home or in another
does not transport
amount of services or may it setting?
nondisabled children, the
public agency would not be simply list the services to be
Each childs IEP team must
required to provide transporta- provided?
consider the childs need for
tion to a disabled child. assistive technology (AT) in the
The amount of services to
be provided must be stated in development of the childs IEP
It should be assumed that
the IEP, so that the level of the ( 300.346(a) (2)(v)); and the
most children with disabilities
agencys commitment of nature and extent of the AT
receive the same transportation
resources will be clear to devices and services to be
services as nondisabled chil-
parents and other IEP team provided to the child must be
dren. For some children with
members ( 300.347(a)(6)). reflected in the childs IEP
disabilities, integrated trans-
The amount of time to be ( 300.346(c)).
portation may be achieved by
providing needed accommoda- committed to each of the
various services to be provided A public agency must
tions such as lifts and other permit a child to use
equipment adaptations on must be (1) appropriate to the
specific service, and (2) stated school-purchased assistive
regular school transportation technology devices at home or
vehicles. in the IEP in a manner that is
clear to all who are involved in in other settings, if the IEP
both the development and team determines that the child
implementation of the IEP. needs access to those devices in
nonschool settings in order to
The amount of a special receive FAPE (to complete
education or related service to homework, for example).
be provided to a child may be
stated in the IEP as a range Any assistive technology
(e.g., speech therapy to be devices that are necessary to
provided three times per week ensure FAPE must be provided

LG2 (4th Edition) 23 NICHCY: 1-800-695-0285


developing the childs IEP, Whether other disciplinary
must consider, if appropriate, measures, including suspen-
development of strategies, sion, are ever appropriate for
including positive behavioral behavior that is addressed in a
interventions, strategies and childs IEP will have to be
supports to address that determined on a case by case
behavior, consistent with basis in light of the particular
300.346(a)(2)(i). This means circumstances of that incident.
at no cost to the parents, and that in most cases in which a However, school personnel
the parents cannot be charged childs behavior that impedes may not use their ability to
for normal use, wear and tear. his or her learning or that of suspend a child for 10 days or
However, while ownership of others is, or can be readily less at a time on multiple
the devices in these circum- anticipated to be, repetitive, occasions in a school year as a
stances would remain with the proper development of the means of avoiding appropri-
public agency, State law, rather childs IEP will include the ately considering and address-
than Part B, generally would development of strategies, ing the childs behavior as a
govern whether parents are including positive behavioral part of providing FAPE to the
liable for loss, theft, or damage interventions, strategies and child.
due to negligence or misuse of supports to address that
publicly owned equipment behavior. See 300.346(c). 39. If a childs behavior in the
used at home or in other This includes behavior that regular classroom, even with
could violate a school code of appropriate interventions,
settings in accordance with a
would significantly impair the
childs IEP. conduct. A failure to, if appro-
learning of others, can the
priate, consider and address group that makes the
37. Can the IEP team also these behaviors in developing placement decision determine
function as the group making and implementing the childs that placement in the regular
the placement decision for a IEP would constitute a denial classroom is inappropriate for
child with a disability?
of FAPE to the child. Of course, that child?
Yes, a public agency may in appropriate circumstances,
the IEP team, which includes The IEP team, in develop-
use the IEP team to make the
the childs parents, might ing the IEP, is required to
placement decision for a child,
determine that the childs consider, when appropriate,
so long as the group making
behavioral intervention plan strategies, including positive
the placement decision meets
includes specific regular or behavioral interventions,
the requirements of 300.552
alternative disciplinary mea- strategies and supports to
and 300.501(c), which requires
sures, such as denial of certain address the behavior of a child
that the placement decision be
privileges or short suspensions, with a disability whose behav-
made by a group of persons,
that would result from particu- ior impedes his or her learning
including the parents, and
lar infractions of school rules, or that of others. If the IEP
other persons knowledgeable
along with positive behavior team determines that such
about the child, the meaning
intervention strategies and supports, strategies or interven-
of the evaluation data, and the
supports, as a part of a com- tions are necessary to address
placement options.
prehensive plan to address the the behavior of the child, those
38. If a childs IEP includes childs behavior. Of course, if services must be included in
behavioral strategies to short suspensions that are the childs IEP. These provi-
address a particular behavior, included in a childs IEP are sions are designed to foster
can a child ever be suspended being implemented in a man- increased participation of
for engaging in that behavior? ner that denies the child access children with disabilities in
to the ability to progress in the regular education environ-
If a childs behavior im- ments or other less restrictive
educational program, the child
pedes his or her learning or environments, not to serve as a
would be denied FAPE.
that of others, the IEP team, in basis for placing children with

NICHCY: 1-800-695-0285 24 LG2 (4th Edition)


disabilities in more restrictive ate behavioral supports, strate- consecutive school days in that
settings. gies or interventions, would same school year for separate
significantly impair the learning incidents of misconduct, as
The determination of of others, that placement long as these removals do not
appropriate placement for a would not meet his or her constitute a change of place-
child whose behavior is inter- needs and would not be ment under 300.519(b).
fering with the education of appropriate for that child. However, these removals are
others requires careful consid- permitted only to the extent
eration of whether the child 40. May school personnel they are consistent with disci-
can appropriately function in during a school year pline that is applied to children
the regular classroom if pro- implement more than one without disabilities. Also,
vided appropriate behavioral short-term removal of a child
school personnel should be
supports, strategies and inter- with disabilities from his or
her classroom or school for aware of constitutional due
ventions. If the child can process protections that apply
misconduct?
appropriately function in the to suspensions of all children.
regular classroom with appro- Yes. Under 300.520(a)(1), Goss v. Lopez, 419 U.S. 565
priate behavioral supports, school personnel may order (1975). Section 300.121(d)
strategies or interventions, removal of a child with a addresses the extent of the
placement in a more restrictive disability from the childs obligation to provide services
environment would be incon- current placement for not more after a child with a disability
sistent with the least restrictive than 10 consecutive school has been removed from his or
environment provisions of the days for any violation of her current placement for more
IDEA. If the childs behavior in school rules, and additional than 10 school days in the
the regular classroom, even removals of not more than 10 same school year.
with the provision of appropri-

Federal Regulations with Respect to IEPs

Individualized Education Programs 300.341 Responsibility of SEA and other


public agencies for IEPs.
300.340 Definitions related to IEPs.
(a) The SEA shall ensure that each public
(a) Individualized education program. As used in agency
this part, the term individualized education program
or IEP means a written statement for a child with a (1) Except as provided in 300.450-300.462,
disability that is developed, reviewed, and revised in develops and implements an IEP for each child
a meeting in accordance with 300.341-300.350. with a disability served by that agency; and

(b) Participating agency. As used in 300.348, (2) Ensures that an IEP is developed and
participating agency means a State or local agency, implemented for each eligible child placed in
other than the public agency responsible for a or referred to a private school or facility by the
students education, that is financially and legally public agency.
responsible for providing transition services to the
(b) Paragraph (a) of this section applies to
student.
(1) The SEA, if it is involved in providing direct
(Authority: 20 U.S.C. 1401(11), 1312(a)(10)(B))
services to children with disabilities, in accordance
with 300.370(a) and (b)(1); and

(Regulations for this section


continue on the next page.) (

LG2 (4th Edition) 25 NICHCY: 1-800-695-0285


(2) Except as provided in 300.600(d), the 300.342 When IEPs must be in effect
other public agencies described in 300.2, (continued)
including LEAs and other State agencies that
provide special education and related services either
(i) Provide to the childs parents a detailed
directly, by contract, or through other
explanation of the differences between an IFSP and
arrangements.
an IEP; and
(Authority: 20 U.S.C. 1412(a)(4), (a)(10)(B))
(ii) If the parents choose an IFSP, obtain written
informed consent from the parents.

300.342 When IEPs must be in effect. (d) Effective date for new requirements. All IEPs
developed, reviewed, or revised on or after July 1,
(a) General. At the beginning of each school 1998 must meet the requirements of 300.340-
year, each public agency shall have an IEP in effect 300.350.
for each child with a disability within its
jurisdiction. (Authority: 20 U.S.C. 1414(d)(2)(A) and (B),
Pub. L. 105-17, sec. 201(a)(2)(A), (C)
(b) Implementation of IEPs. Each public agency
shall ensure that
(1) An IEP 300.343 IEP meetings.

(i) Is in effect before special education and (a) General. Each public agency is responsible
related services are provided to an eligible child for initiating and conducting meetings for the
under this part; and purpose of developing, reviewing, and revising the
IEP of a child with a disability (or, if consistent
(ii) Is implemented as soon as possible following with 300.342(c), an IFSP).
the meetings described under 300.343;
(b) Initial IEPs; provision of services. (1) Each
(2) The childs IEP is accessible to each regular public agency shall ensure that within a reasonable
education teacher, special education teacher, related period of time following the agencys receipt of
service provider, and other service provider who is parent consent to an initial evaluation of a child
responsible for its implementation; and
(i) The child is evaluated; and
(3) Each teacher and provider described in
paragraph (b)(2) of this section is informed of (ii) If determined eligible under this part, special
education and related services are made available
(i) His or her specific responsibilities related to to the child in accordance with an IEP.
implementing the childs IEP; and
(2) In meeting the requirement in paragraph
(ii) The specific accommodations, modifications, (b)(1) of this section, a meeting to develop an IEP
and supports that must be provided for the child in for the child must be conducted within 30 days of
accordance with the IEP. a determination that the child needs special
education and related services.
(c) IEP or IFSP for children aged 3 through 5.
(1) In the case of a child with a disability aged 3 (c) Review and revision of IEPs. Each public
through 5 (or, at the discretion of the SEA a agency shall ensure that the IEP team
2-year-old child with a disability who will turn age
3 during the school year), an IFSP that contains the (1) Reviews the childs IEP periodically, but not
material described in section 636 of the Act, and less than annually, to determine whether the annual
that is developed in accordance with 300.341- goals for the child are being achieved; and
300.346 and 300.349-300.350, may serve as
(2) Revises the IEP as appropriate to address
the IEP of the child if using that plan as the IEP is
(i) Any lack of expected progress toward the
(i) Consistent with State policy; and
annual goals described in 300.347(a), and in the
(ii) Agreed to by the agency and the childs general curriculum, if appropriate;
parents.
(2) In implementing the requirements of (Regulations for this section
paragraph (c)(1) of this section, the public agency continue on the next page.) (
shall

NICHCY: 1-800-695-0285 26 LG2 (4th Edition)


300.343 IEP meetings (continued) 300.344 IEP team (continued)
(ii) The results of any reevaluation conducted (i) The students transition services needs
under 300.536; under 300.347(b)(1);
(iii) Information about the child provided (ii) The needed transition services for the
to, or by, the parents, as described in student under 300.347(b)(2); or
300.533(a)(1);
(iii) Both.
(iv) The childs anticipated needs; or
(2) If the student does not attend the IEP
(v) Other matters. meeting, the public agency shall take other
steps to ensure that the students preferences and
(Authority: 20 U.S.C. 1413(a)(1), 1414(d)(4)(A)) interests are considered.
(3)(i) In implementing the requirements of
300.347(b)(2), the public agency also shall
300.344 IEP team.
invite a representative of any other agency that
(a) General. The public agency shall ensure that is likely to be responsible for providing or
the IEP team for each child with a disability paying for transition services.
includes
(ii) If an agency invited to send a
(1) The parents of the child; representative to a meeting does not do so, the
public agency shall take other steps to obtain
(2) At least one regular education teacher of the participation of the other agency in the
child (if the child is, or may be, participating in the planning of any transition services.
regular education environment);
(c) Determination of knowledge and special
(3) At least one special education teacher of the expertise. The determination of the knowledge
child, or if appropriate, at least one special or special expertise of any individual described
education provider of the child; in paragraph (a)(6) of this section shall be
made by the party (parents or public agency)
(4) A representative of the public agency who who invited the individual to be a member of
the IEP.
(i) Is qualified to provide, or supervise the
provision of, specially designed instruction to meet (d) Designating a public agency representative.
the unique needs of children with disabilities; A public agency may designate another public
agency member of the IEP team to also serve as
(ii) Is knowledgeable about the general
the agency representative, if the criteria in
curriculum; and
paragraph (a)(4) of this section are satisfied.
(iii) Is knowledgeable about the availability of
(Authority: 20 U.S.C. 1401(30),
resources of the public agency;
1414(d)(1)(A)(7), (B))
(5) An individual who can interpret the
instructional implications of evaluation results, who
may be a member of the team described in 300.345 Parent participation.
paragraphs (a)(2) through (6) of this section;
(a) Public agency responsibilitygeneral. Each
(6) At the discretion of the parent or the agency, public agency shall take steps to ensure that one
other individuals who have knowledge or special or both of the parents of a child with a
expertise regarding the child, including related disability are present at each IEP meeting or are
services personnel as appropriate; and afforded the opportunity to participate,
including
(7) If appropriate, the child.
(1) Notifying parents of the meeting early
(b) Transition services participants. (1) Under
enough to ensure that they will have an
paragraph (a)(7) of this section, the public agency
opportunity to attend; and
shall invite a student with a disability of any age to
attend his or her IEP meeting if a purpose of the
(Regulations for this section
meeting will be the consideration of
continue on the next page.) (

LG2 (4th Edition) 27 NICHCY: 1-800-695-0285


300.345 Parent participation (continued) 300.345 Parent participation (continued)
(2) Scheduling the meeting at a mutually agreed (2) Copies of correspondence sent to the parents
on time and place. and any responses received; and
(b) Information provided to parents. (1) The notice (3) Detailed records of visits made to the
required under paragraph (a)(1) of this section parents home or place of employment and the
must results of those visits.
(i) Indicate the purpose, time, and location of the (e) Use of interpreters or other action, as
meeting and who will be in attendance; and appropriate. The public agency shall take whatever
action is necessary to ensure that the parent
(ii) Inform the parents of the provisions in understands the proceedings at the IEP meeting,
300.344(a)(6) and (c) (relating to the including arranging for an interpreter for parents
participation of other individuals on the IEP team with deafness or whose native language is other
who have knowledge or special expertise about the than English.
child).
(f) Parent copy of childs IEP. The public agency
(2) For a student with a disability beginning at shall give the parent a copy of the childs IEP at no
age 14, or younger, if appropriate, the notice must cost to the parent.
also
(Authority: 20 U.S.C. 1414(d)(1)(B)(i))
(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 300.346 Development, review, and revision of
IEP.
(ii) Indicate that the agency will invite the
student. (a) Development of IEP. (1) General. In
developing each childs IEP, the IEP team, shall
(3) For a student with a disability beginning at consider
age 16, or younger, if appropriate, the notice
must (i) The strengths of the child and the concerns of
the parents for enhancing the education of their
(i) Indicate that a purpose of the meeting is the child;
consideration of needed transition services for the
student required in 300.347(b)(2); (ii) The results of the initial or most recent
evaluation of the child; and
(ii) Indicate that the agency will invite the
student; and (iii) As appropriate, the results of the childs
performance on any general State or district-wide
(iii) Identify any other agency that will be invited assessment programs.
to send a representative.
(2) Consideration of special factors. The IEP team
(c) Other methods to ensure parent participation. If also shall
neither parent can attend, the public agency shall
use other methods to ensure parent participation, (i) In the case of a child whose behavior
including individual or conference telephone calls. impedes his or her learning or that of others,
consider, if appropriate, strategies, including
(d) Conducting an IEP meeting without a parent in positive behavioral interventions, strategies, and
attendance. A meeting may be conducted without a supports to address that behavior;
parent in attendance if the public agency is unable
to convince the parents that they should attend. In (ii) In the case of a child with limited English
this case the public agency must have a record of its proficiency, consider the language needs of the
attempts to arrange a mutually agreed on time and child as those needs relate to the childs IEP;
place, such as
(1) Detailed records of telephone calls made or (Regulations for this section
attempted and the results of those calls; continue on the next page.) (

NICHCY: 1-800-695-0285 28 LG2 (4th Edition)


300.346 Development, review, and revision of (e) Construction. Nothing in this section shall be
IEP (continued) construed to require the IEP team to include
information under one component of a childs IEP
(iii) In the case of a child who is blind or that is already contained under another
visually impaired, provide for instruction in Braille component of the childs IEP.
and the use of Braille unless the IEP team
determines, after an evaluation of the childs (Authority: 20 U.S.C. 1414(d)(3) and (4)(B) and
reading and writing skills, needs, and appropriate (e))
reading and writing media (including an evaluation
of the childs future needs for instruction in Braille
or the use of Braille), that instruction in Braille or
300.347 Content of IEP.
the use of Braille is not appropriate for the child;
(a) General. The IEP for each child with a
(iv) Consider the communication needs of the
disability must include
child, and in the case of a child who is deaf or hard
of hearing, consider the childs language and (1) A statement of the childs present levels of
communication needs, opportunities for direct educational performance, including
communications with peers and professional
personnel in the childs language and (i) How the childs disability affects the childs
communication mode, academic level, and full involvement and progress in the general curriculum
range of needs, including opportunities for direct (i.e., the same curriculum as for nondisabled
instruction in the childs language and children); or
communication mode; and
(ii) For preschool children, as appropriate, how
(v) Consider whether the child requires assistive the disability affects the childs participation in
technology devices and services. appropriate activities;
(b) Review and Revision of IEP. In conducting a (2) A statement of measurable annual goals,
meeting to review, and, if appropriate, revise a including benchmarks or short-term objectives,
childs IEP, the IEP team shall consider the factors related to
described in paragraph (a) of this section.
(i) Meeting the childs needs that result from the
(c) Statement in IEP. If, in considering the special childs disability to enable the child to be involved
factors described in paragraphs (a)(1) and (2) of in and progress in the general curriculum (i.e., the
this section, the IEP team determines that a child same curriculum as for nondisabled children), or
needs a particular device or service (including an for preschool children, as appropriate, to
intervention, accommodation, or other program participate in appropriate activities; and
modification) in order for the child to receive FAPE,
the IEP team must include a statement to that effect (ii) Meeting each of the childs other educational
in the childs IEP. needs that result from the childs disability;

(d) Requirement with respect to regular education (3) A statement of the special education and
teacher. The regular education teacher of a child related services and supplementary aids and
with a disability, as a member of the IEP team, services to be provided to the child, or on behalf of
must, to the extent appropriate, participate in the the child, and a statement of the program
development, review, and revision of the childs IEP, modifications or supports for school personnel that
including assisting in the determination of will be provided for the child

(1) Appropriate positive behavioral interventions (i) To advance appropriately toward attaining
and strategies for the child; and the annual goals;

(2) Supplementary aids and services, program (ii) To be involved and progress in the general
modifications or supports for school personnel that curriculum in accordance with paragraph (a)(1) of
will be provided for the child, consistent with this section and to participate in extracurricular and
300.347(a)(3). 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;

(Regulations for this section


continue on the next page.) (

LG2 (4th Edition) 29 NICHCY: 1-800-695-0285


300.347 Content of IEP (continued) 300.347 Content of IEP (continued)
(4) An explanation of the extent, if any, to which (2) For each student beginning at age 16 (or
the child will not participate with nondisabled younger, if determined appropriate by the IEP
children in the regular class and in the activities team), a statement of needed transition services for
described in paragraph (a)(3) of this section; the student, including, if appropriate, a statement
of the interagency responsibilities or any needed
(5)(i) A statement of any individual linkages.
modifications in the administration of State or
district-wide assessments of student achievement that (c) Transfer of rights. In a State that transfers
are needed in order for the child to participate in rights at the age majority, beginning at least one
the assessment; and year before a student reaches the age of majority
under State law, the students IEP must include a
(ii) If the IEP team determines that the child will statement that the student has been informed of his
not participate in a particular State or district-wide or her rights under Part B of the Act, if any, that
assessment of student achievement (or part of an will transfer to the student on reaching the age of
assessment), a statement of majority, consistent with 300.517.
(A) Why that assessment is not appropriate for (d) Students with disabilities convicted as adults
the child; and and incarcerated in adult prisons. Special rules
concerning the content of IEPs for students with
(B) How the child will be assessed;
disabilities convicted as adults and incarcerated in
(6) The projected date for the beginning of the adult prisons are contained in 300.311(b) and
services and modifications described in paragraph (c).
(a)(3) of this section, and the anticipated
(Authority: 20 U.S.C. 1414(d)(1)(A) and
frequency, location, and duration of those services
(d)(6)(A)(ii))
and modifications; and
(7) A statement of
300.348 Agency responsibilities for transition
(i) How the childs progress toward the annual
services.
goals described in paragraph (a)(2) of this section
will be measured; and (a) If a participating agency, other than the
public agency, fails to provide the transition
(ii) How the childs parents will be regularly
services described in the IEP in accordance with
informed (through such means as periodic report
300.347(b)(1), the public agency shall
cards), at least as often as parents are informed of
reconvene the IEP team to identify alternative
their nondisabled childrens progress, of
strategies to meet the transition objectives for the
(A) Their childs progress toward the annual student set out in the IEP.
goals; and
(b) Nothing in this part relieves any
(B) The extent to which that progress is sufficient participating agency, including a State vocational
to enable the child to achieve the goals by the end rehabilitation agency, of the responsibility to
of the year. provide or pay for any transition service that the
agency would otherwise provide to students with
(b) Transition services. The IEP must include disabilities who meet the eligibility criteria of that
agency.
(1) For each student with a disability beginning
at age 14 (or younger, if determined appropriate by (Authority: 20 U.S.C. 1414(d)(5);
the IEP team), and updated annually, a statement 1414(d)(1)(A)(vii))
of the transition service needs of the student under
the applicable components of the students IEP that
focuses on the students courses of study (such as
participation in advanced-placement courses or a
vocational education program); and

NICHCY: 1-800-695-0285 30 LG2 (4th Edition)


300.349 Private school placements by public 300.350 IEPaccountability.
agencies.
(a) Provision of services. Subject to paragraph (b)
(a) Developing IEPs. (1) Before a public agency of this section, each public agency must
places a child with a disability in, or refers a child
to, a private school or facility, the agency shall (1) Provide special education and related
initiate and conduct a meeting to develop an IEP services to a child with a disability in accordance
for the child in accordance with 300.346 and with the childs IEP; and
300.347.
(2) Make a good faith effort to assist the child to
(2) The agency shall ensure that a representative achieve the goals and objectives or benchmarks
of the private school or facility attends the meeting. listed in the IEP.
If the representative cannot attend, the agency shall
(b) Accountability. Part B of the Act does not
use other methods to ensure participation by the
require that any agency, teacher, or other person be
private school or facility, including individual or
held accountable if a child does not achieve the
conference telephone calls.
growth projected in the annual goals and
(b) Reviewing and revising IEPs. (1) After a child benchmarks or objectives. However, the Act does
with a disability enters a private school or facility, not prohibit a State or public agency from
any meetings to review and revise the childs IEP establishing its own accountability systems
may be initiated and conducted by the private regarding teacher, school, or agency performance.
school or facility at the discretion of the public
(c) Constructionparent rights. Nothing in this
agency.
section limits a parents right to ask for revisions of
(2) If the private school or facility initiates and the childs IEP or to invoke due process procedures
conducts these meetings, the public agency shall if the parent feels that the efforts required in
ensure that the parents and an agency paragraph (a) of this section are not being made.
representative
(Authority: 20 U.S.C. 1414(d)); Cong. Rec. at
(i) Are involved in any decision about the childs H7152 (daily ed., July 21, 1975))
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 childs IEP, responsibility for
compliance with this part remains with the public
agency and the SEA.
(Authority: 20 U.S.C. 1412(a)(10)(B))

LG2 (4th Edition) 31 NICHCY: 1-800-695-0285


NICHCY Briefing Papers are published in response to questions from individuals and organizations.
NICHCY also disseminates other materials and can respond to individual requests for information.
For further information or assistance, or to receive a NICHCY Publications Catalog, contact NICHCY,
P.O. Box 1492, Washington, DC 20013. Telephone: 1-800-695-0285 (Voice/TTY) and (202) 884-
8200 (Voice/TTY). You can e-mail us (nichcy@aed.org) or visit our Web site (www.nichcy.org),
where you will find all of our publications.

NICHCY thanks our Project Officer, Dr. Peggy Cvach, at the Office of Special Education Programs
(OSEP), U.S. Department of Education. We would also like to thank the other individuals at OSEP
who were involved in the painstaking review of this document.

Director Suzanne Ripley


Assistant Director Donna Waghorn
Editor Lisa Kpper

This information is copyright free. Readers are encouraged to copy and share it, but please credit the
National Dissemination Center for Children with Disabilities (NICHCY). Please share your ideas
and feedback with our staff by writing to the Editor.

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

This document was reviewed by the U.S. Office of Special Education Programs for consis-
tency with the Individuals with Disabilities Education Act Amendments of 1997, Public Law
105-17, and the final implementing regulations published March 12, 1999.

Publication of this document is made possible through a Cooperative Agreement between the Academy for
Educational Development and the Office of Special Education Programs of the U.S. Department of Education. The
contents of this document do not necessarily reflect the views or policies of the Department of Education, nor does
mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.

The Academy for Educational Development, founded in 1961, is an independent,


nonprofit service organization committed to addressing human development needs in the
United States and throughout the world. In partnership with its clients, the Academy seeks
to meet todays social, economic, and environmental challenges through education and human resource develop-
ment; to apply state-of-the-art education, training, research, technology, management, behavioral analysis, and
social marketing techniques to solve problems; and to improve knowledge and skills throughout the world as the
most effective means for stimulating growth, reducing poverty, and promoting democratic and humanitarian
ideals.