Content
of IEPs
Some
requirements for the contents of IEPs changed with IDEA 2004 while other requirements remained the
same. Here is a summary of changes between IDEA 97 and IDEA 2004.
Present
Levels of Performance
In IDEA 97, IEPs were
required to include “a statement of the child’s present
levels of educational performance . . . ”
Under IDEA 2004, the child’s IEP must include “a statement
of the child’s present levels of academic achievement
and functional performance . . . ”
Present levels of academic achievement and functional performance
are objective data from assessments.
Annual
Goals
Under IDEA 97, IEPs were required to include
a “statement of measurable annual goals, including benchmarks
or short-term objectives.” IDEA 2004 eliminated the requirements
for “benchmarks and short-term objectives” in IEPs - except
that the IEPs of children who take alternate assessments must include
“a description of benchmarks or short-term objectives.”
IDEA 2004 added new language about “academic and functional
goals.” IEPs must now include “a statement of measurable
annual goals, including academic and functional goals . . . ”
Educational
Progress
IDEA 97 required IEPs to include a statement about how the child’s
progress toward the annual goals would be measured, how the child’s
parents would be regularly informed about “their child’s
progress toward the annual goals,” and whether the child’s
progress was sufficient.
Under IDEA 2004, the child’s IEP must include “a description
of how the child’s progress toward meeting the annual goals…will
be measured and when periodic reports on the progress the
child is making toward meeting the annual goals (such as through
the use of quarterly or other periodic reports, concurrent with the
issuance of report cards) will be provided.”
Special
Education and Related Services
IDEA 2004 includes important new language about research-based
instruction.
The child’s IEP must include “a statement of the special
education and related services and supplementary aids and services,
based on peer-reviewed research to the extent practicable,
to be provided to the child … and a statement of the program
modifications or supports for school personnel …”
Accommodations
and Alternate Assessments
IDEA
2004 contains new language about “individual appropriate accommodations”
on state and district testing and new requirements for alternate
assessments.
The child’s IEP must include:
"…a statement of any individual appropriate accommodations
that are necessary to measure the academic achievement and functional
performance of the child on State and districtwide assessments…"
" …if the IEP Team determines that the child shall take
an alternate assessment on a particular State or districtwide
assessment of student achievement, a statement of why
(AA) the child cannot participate in the regular assessment;
and
(BB) the particular alternate assessment selected is appropriate
for the child…"
Transition
Congress made extensive changes to the legal requirements for transition.
IDEA 97 required “a statement of transition services needs”
(beginning at age 14) and “a statement of needed transition services
for the child” (beginning at age 16). The statement of transition
services needs at age 14 was eliminated.
Under IDEA 2004, the first IEP after the child is 16 (and updated
annually) must include:
"…appropriate measurable postsecondary goals based
upon age appropriate transition assessments related to training,
education, employment, and, where appropriate, independent
living skills … and the transition services (including
courses of study) needed to assist the child in reaching these
goals. (Section 1414(d)(1)(A))
When
IEP Team Members May Be Excused from IEP Meetings
An IEP team member may be excused from attending an IEP
meeting if the member’s area of curriculum or service will not
be discussed or modified and if the parent and school agree.
A member of the IEP team may also be excused if the member’s
area of curriculum or service will be discussed or modified,
if the member submits a written report to the parent
and the IEP team in advance, and if the parent provides
written consent. (Section 1414(d)(1)(C))
Developing
the IEP
In developing the IEP, the IEP team shall consider:
· the child’s strengths
· the parent’s concerns for enhancing the child’s
education
· the results of the initial evaluation or most
recent evaluation
· the child’s academic, developmental, and functional
needs (Section 1414(d)(3)(A))
The IEP
team shall consider special factors for children:
· whose behavior impedes learning
· who have limited English proficiency
· who are blind or visually impaired
· who are deaf or hard of hearing (Section 1414(d)(3)(B))
Educational
Placements
The law
about educational placements is in Section 1414(e). Parents are members
of the team that decides the child’s placement. The decision
about placement cannot be made until after the IEP team,
which includes the parent, reaches consensus about the child’s
needs, program, and goals.
Although
the law is clear on this issue, the child’s “label”
often drives decisions about services and placement, leading school
personnel to determine the child’s placement before the IEP meeting.
These unilateral actions prevent parents from “meaningful participation”
in educational decision-making for their child. When Congress added
this provision to the law in 1997, they sent a message to school officials
that unilateral placement decisions are illegal.
Reviewing
and Revising the IEP
The IEP
must be reviewed at least once a year to determine if the child
is achieving the annual goals. The IEP team must revise the IEP
to address:
· any lack of expected progress
· results of any reevaluation
· information provided by the parents
· anticipated needs (Section 1414(d)(4)(A))
Revising
IEP by Agreement, Without an IEP Meeting
IDEA
2004 changed the process by which IEPs can be amended or modified.
If the parent and school agree to amend or modify the IEP,
they may revise the IEP by agreement without convening an IEP meeting.
The team must create a written document that describes the changes
or modifications in the IEP and note that, by agreement of
the parties, an IEP meeting was not held. (Section 1414(d)(3)(D))
Alternative
Ways to Participate in Meetings
School
meetings do not have to be face-to-face. IEP and placement meetings,
mediation meetings, and due process (IEP) resolution sessions may
be convened by conference calls or videoconferences. (Section
1414(f))
Children Who Transfer: In-State
and Out-of State
If a
child transfers to a district in the same state, the receiving school
must provide comparable services to those in the sending district’s
IEP until they develop and implement a new IEP. If a child transfers
to another state, the receiving district must provide comparable services
to those in the sending district’s IEP until they complete an
evaluation and create a new IEP. (Section 1414(d)(2)(C))
Multi-Year
IEPs
Fifteen states may request approval to implement optional “comprehensive,
multi-year IEPs” for periods of no longer than three years. IEP
review dates must be based on “natural transition points.”
Parents have the right to opt-out of this program. The parent
of a child served under a multi-year IEP can request a review of the
IEP without waiting for the “natural transition point.”
(Section 1414(d)(5))
IDEA 2004 at Wrightslaw
Legal Requirements of IEPs, Wrightslaw WebEx Training CD-ROM (1.25 hr training)
Read
more "What You
Need to Know About IDEA 2004" articles.
IDEA
2004 at Wrightslaw will help you find answers to your questions.
How the site is currently organized:
Wrightslaw: Special Education Law, 2nd Edition
Wrightslaw: Special Education Law, 2nd Edition (ISBN: 978-1-892320-16-2, 456 pages, 8 1/2" x 11", perfect bound) by Peter Wright and Pamela Wright is available in two formats, a print book and a print & e-book combo. The book includes:
- Full text of the Individuals with Disabilities Education Act of 2004 and IDEA 2004 regulations with analysis and commentary
- Section 504 of the Rehabilitation Act
- No Child Left Behind Act
- Family Education Rights and Privacy Act (FERPA)
- McKinney-Vento Homeless Act
- Decisions in special education cases from the U. S. Supreme Court
- References and resources
Wrightslaw: Special Education Law, 2nd Edition is designed to meet the needs of parents, teachers, advocates, attorneys, related services providers, school psychologists, administrators, college professors, hearing officers, and employees of district and state departments of education.
Revised: 03/11/07
