IDEA 2004 Close Up: The Individualized Education Program (IEP)
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The 2004 update of the Individuals with Disabilities Education Act
(IDEA 2004) made several significant changes to the Individualized
Education Program (IEP), both in terms of who should participate and
what should be included in this important process. Since it is the IEP
that lays out the school's commitment of special education and related
services to be provided to eligible students, it is essential that
parents of students with learning disabilities (LD) understand the
changes.
This article includes the following sections:
Factors for Consideration in Developing the IEP
IEP Contents
The IEP Team
Notice of Procedural Safeguards
Moving to a New School District
In updating the IDEA Congress sought to reduce the complexity of the
law, the number of required meetings, and the paperwork involved in
providing special education and related services. These objectives
help to explain some of the changes made to the IEP provisions.
However, Congress in no way intended for these changes to compromise
the role that parents play in the IEP process. In fact, under the
updated IDEA, parents continue to be full and equal partners in the
development of a student's IEP. Accordingly, parent input must be
regarded as both meaningful and unique, and IEP team discussions
should promote parent participation.
Despite a number of new provisions designed to provide flexibility
within the IEP process, it remains crucial that special education
services are carefully and closely linked to a student's goals - both
academic and functional - and that the process be a collaborative
effort focused on student need. On average, schools report spending
$10,558 per year1 to educate a student with learning disabilities, 1.6
times the expenditure for a regular education student. Given this
significant investment, parents should have high expectations for
results.
IDEA 2004 EFFECTIVE DATE: Changes to the IEP process made by IDEA 2004
were effective July 1, 2005. The federal regulations for IDEA 2004
became effective October 13, 2006. Many states are currently in the
process of updating their special education laws and regulations to
align with IDEA 2004. School districts must follow current state laws
and regulations until they are changed, unless they are wholly
inconsistent with the IDEA 2004. State law and regulations can provide
more than the IDEA requires. But if IDEA 2004 requires or permits
something, and state law or regulation doesn't affect it, the state
must follow IDEA 2004.
Every eligible student must have an IEP in effect before special
education and related services can be provided by the school, and the
IEP must be reviewed and revised at least annually. For students who
have undergone a first-time evaluation for special education
eligibility, parents must consent to the student's placement in
special education before an IEP meeting can be held and an IEP for the
student developed.
Factors for Consideration in Developing the IEP
The development of a student's IEP has always been guided by the
consideration of several important factors. These are:
The strengths of the child
The concerns of the parents for enhancing the education of their
child
The results of the initial evaluation or most recent evaluation of the
child
IDEA 2004 includes this additional consideration:
The academic, developmental, and functional needs of the child.
PARENT TIP: Provide a written statement to the IEP team of your
concerns about your child's academic, developmental, and functional
needs.
A WORD ABOUT IEP FORMS: Most states and/or local school districts have
developed IEP forms to help facilitate the process. These forms must
contain all of the elements required by the IDEA and may also contain
additional state and/or district level elements. Forms can limit
flexibility and impede individualization - above all, the IEP must be
tailored to the student's unique educational needs.
There are several "special factors" that must also be considered when
developing the IEP. While none of these factors are new additions,
changes in wording have occurred.
For a child whose behavior impedes the child's learning or that of
others, the team must consider the use of positive behavioral
interventions, supports, and other strategies to address that
behavior;
For a child with limited English proficiency, the team must consider
the language needs of the child;
For a child who is blind or visually impaired, the team must consider
instruction in Braille;
For a child who is deaf or hard of hearing, the team must consider
language and communication needs;
For all children, the team must consider the need for assistive
technology devices and services.
PARENT TIP: IEP teams must now consider whether your child needs
assistive technology, instead of whether your child requires assistive
technology - a change that creates a more expansive opportunity. Use
of technology can facilitate access to the general education
curriculum by allowing students with LD to bypass basic skills
deficits.
IEP Contents
The IEP must contain several statements that describe the child's
performance and outline the special education and related services the
school district will provide. There have been many important changes
to these statements, as explained below.
Present Level of Performance. The statement of the child's present
level of education performance has been revised to reflect the child's
academic achievement and functional performance, including how the
child's disability affects the child's involvement and progress in the
general education curriculum.
This change makes it clear that all aspects of a child's performance
are important areas of development, including areas such as social and
behavioral, and align with the additional consideration mentioned
above. Addition of the word "education" to describe the curriculum
establishes the expectation for grade-level performance in the regular
education curriculum.
Measurable Annual Goals. A statement of measurable annual goals must
be included in the IEP, including academic and functional goals,
designed to meet the child's needs that result from the disability, to
enable the child to be involved in and make progress in the general
education curriculum, and meet each of the child's other educational
needs that result from the disability.
Again, the need to include any goals necessary to address the
functional needs of the child is emphasized, along with the
expectation that the child will make progress in the regular education
curriculum.
A major change in IDEA 2004 is the elimination of the requirement to
include short-term objectives or benchmarks for each annual goal for
all but a small group of students who take alternate assessments based
on alternate achievement standards. (See box below.) Congress felt
that this requirement contributed greatly to the paperwork burden and
bore no relationship to the non-linear reality of a child's
development. However, this change was not intended to eliminate or
lessen parental information or eliminate the need to break annual
goals into instructional objectives.
PARENT TIP: Parents may continue to request that annual goals contain
additional information about the interim points of achievement that
will clearly indicate that the goal will be reached by year's end.
Nothing in IDEA 2004 prohibits the development of short-term
objectives.
ALTERNATE ASSESSMENTS BASED ON ALTERNATE ACHIEVEMENT STANDARDS:
Students who take alternate assessments based on alternate achievement
standards have significant cognitive disabilities and are considered
unable to attain grade-level achievement standards even with the very
best instruction. Such assessments generally do not lead to a standard
high school diploma. Out-of-grade-level assessments are considered
alternate assessments based on alternate achievement standards.
Reporting on a Child's Progress. The IEP must include a description of
how the child's progress toward meeting the annual goals will be
measured and when periodic reports will be provided on the progress
toward meeting the annual goals (such as through the use of quarterly
or other periodic reports, or concurrent with the issuance of report
cards).
IDEA 2004 eliminates two important requirements from this provision:
The requirement to advise parents of the extent to which progress is
sufficient to enable the child to achieve the goals by the end of the
year; and
The requirement that progress reports be provided at least as often as
parents are informed of their non-disabled children's progress.
PARENT TIP: Request that the school provide progress reports on your
child's IEP goals in coordination with regular school report cards, or
more frequently if appropriate. Express the expectation that progress
reports will indicate if your child's interim progress is adequate to
accomplish each IEP goal by year's end.
Services Based on Peer-Reviewed Research. The IEP must also 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, or on behalf of
the child, and a statement of the program modifications or supports
for school personnel. Services must be designed to enable the child to
make progress in the general education curriculum and to participate
in extracurricular and other nonacademic activities.
IDEA 2004 adds an important new provision that the IEP team's choice
of special education and related services be guided by peer-reviewed
research whenever possible. In other words, instructional programs and
other services should be supported by strong evidence of
effectiveness. This is particularly important when determining
instructional programs to address reading deficits, since there is a
robust body of research showing the effectiveness of an array of
reading programs.
PARENT TIP: Parents should ask about the availability of
scientifically-based research to support any instructional program
that is proposed, including evidence of effectiveness. This applies
not only to instructional programs to address academic deficits, but
also those selected to address behavioral or other deficits areas.
Schools should be able to offer a variety of instructional approaches
- not simply one approach that is given to all students with a
particular deficit or disability.
Non-Participation in General Education. An explanation of the extent,
if any, to which the child will not participate with non-disabled
children in the regular class and other activities, is required in the
IEP.
This provision is unchanged in IDEA 2004 and continues to require a
justification for any decision to remove a child from the general
education classroom. Students with learning disabilities must have
access to the general education curriculum regardless of the
instructional setting, i.e., resource room, self-contained classroom.
In addition, students with learning disabilities must be provided the
same opportunities to participate in extracurricular and nonacademic
activities as their peers without LD.
Accommodations for Assessments. A statement is required in the IEP of
any individual appropriate accommodations that are necessary to
measure the academic achievement and functional performance of the
child on state- and district-wide assessments, including assessments
mandated under the No Child Left Behind Act (NCLB), and whether the
child will participate in the regular assessment or an alternate
assessment.
IDEA 2004 eliminates the term "modifications" in relation to
assessment because the term has become associated with changes that
alter what the test measures. An accommodation, on the other hand,
commonly means changes in format, response, setting, timing, or
scheduling that don't alter in any way what the test measures or the
comparability of scores. States are required to develop guidelines on
the accommodations allowed on state assessments.
Accommodations for classroom instruction and classroom tests may
differ from accommodations allowed on state assessments. All
accommodations and the type of instruction or testing for which they
are intended should be included in the IEP.
As stated earlier, students with learning disabilities should be
expected to participate in the regular assessments given to all
students - either with or without appropriate accommodations. A
decision to participate in an alternate assessment would indicate that
the student is incapable of accessing grade-level curriculum and is,
therefore, not a candidate for a regular high school diploma.
Parents may find that an accommodation their student has been using in
classroom instruction and on classroom tests is not allowed by state
guidelines during state assessments. In such cases, it might be wise
to pursue the matter with state officials.
PARENT TIP: Make sure that decisions regarding the appropriate
accommodations for state and district-wide assessments are made
carefully and are based on your child's individual needs, and not his
disability category. Take time to understand the particular
assessments that your child is expected to take, including the
content, presentation, response format, and administration (setting
and length). You should also fully understand the decisions that will
be made regarding your child based on the assessment scores, such as
grade promotion or graduation.
Description of Services. The IEP must include the projected date for
the beginning of the services and program modifications, and the
anticipated frequency, location, and duration of those services and
modifications. IDEA 2004 maintains this requirement, which is the
school district's commitment of resources to the student.
PARENT TIP: Unfortunately, there is sometimes a "disconnect" between
the goals to be achieved through the special education and related
services, and the frequency, location, and duration of the services
your child is to be provided. Parents should be certain that the
frequency of services is adequate to meet the student's needs and will
result in reaching the goals. Timely remediation of skill deficits,
such as reading, is essential if students are expected to access the
grade-level general education curriculum.
Transition Services. Beginning not later than the first IEP to be in
effect when the child turns 16, and updated annually, the IEP should
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 the child needs to reach those goals.
IDEA 2004 eliminates the requirement to begin consideration of a
student's transition service needs at 14 and adds a new requirement
for measurable postsecondary goals. This requirement aligns more
closely with the process for determining academic and functional goals
and then delivering the special education and related services needed
to meet those goals. The addition of appropriate transition
assessments also helps clarify that transition planning should be
based on, and driven by, data as well as the student's interests.
Beginning not later than one year before the child reaches the age of
minority (which is 18 years of age in most states), a statement must
be included in the IEP that the child has been informed of his or her
rights that will transfer on reaching the age of majority. IDEA 2004
maintains this provision. Schools may choose to deliver this
notification earlier than one year prior.
The IEP Team
IDEA 2004 makes several significant changes to how and when IEP team
members must participate. While designed to offer new flexibility and
prevent undue loss of instructional time, several of these changes
need to be viewed with great caution.
IEP Team Composition. The IEP team is composed of:
The parents of the child
At least one regular education teacher of the child (if the child is,
or may be, participating in the regular education environment)
At least one special education teacher or, where appropriate, at least
one special education provider
A representative of the school district who is qualified to provide,
or supervise the provision of, specially designed instruction; is
knowledgeable about the general education curriculum; and is
knowledgeable about the availability of district resources.
An individual who can interpret the instructional implications of
evaluation results (who may be one of the teachers or the district
representative listed above)
Any individuals who have knowledge or special expertise regarding the
child, including related services personnel
When appropriate, the child
IDEA 2004 retains the IEP team composition. Participation by the
regular education teacher continues to be an important aspect of the
IEP development process, especially for students with learning
disabilities, most of whom spend the majority of their instructional
time in general education classrooms. The regular education teacher
who serves on the IEP team should be teaching the student a core
academic subject and should be the student's teacher of record, i.e.,
the teacher who assigns the grades for the subject.
The regular education teacher, as a member of the IEP team, is
required to participate in the development of the IEP, including
determining appropriate behavioral interventions, supports,
strategies, program modifications, and supplementary aids and
services, as well as support for school personnel.
It is essential that the district representative be someone with the
authority to commit the resources of the district so that parents are
ensured that whatever services are stated in the IEP will actually be
provided. In updating the IDEA, Congress noted that too often IEP
meetings are conducted without a school representative, as called for,
and that many disagreements between parents and schools that arise
during IEP meetings could be resolved if such a member was present.
PARENT TIP: You should receive advance notice of the school personnel
scheduled to attend your child's IEP meeting. Use this information to
be sure that the required members are going to be on hand. Express an
expectation that members will be available for the entire meeting and
communicate any concerns you have regarding those who are scheduled to
attend prior to the meeting.
Exceptions to IEP Meeting Attendance. IDEA 2004 provides two ways that
team members can be excused from attending the IEP meeting, in whole
or in part. They are:
If the member's area of the curriculum or related services is not
being modified or discussed in the meeting
If, when the member's area of curriculum or related services is being
discussed, the member submits written input to the parents and the
team prior to the meeting
The parent must agree to either of these exceptions in writing.
Should parents elect to make use of these new "excusal" provisions,
that decision should be made in advance of the meeting, with complete
understanding and agreement. When utilizing the provision that allows
a member to provide written input, parents should receive and review
the input prior to consenting to excuse the member.
PARENT TIP: While both of these new "excusal" provisions are designed
to reduce the burden posed by meeting attendance, it must be
emphasized that IEP meetings involve the development of an appropriate
education program for the student. Since schools should not develop
the IEP in advance of the meeting, it would seem difficult to
predetermine if a member's area won't be modified or discussed. And,
since the process includes the exchange of new information and the
sharing of members'expertise about the appropriate program for the
student, it would seem equally difficult to know what input to provide
in advance. Given the important roles played by everyone on the team,
use of these new exceptions should be both cautious and infrequent.
This is particularly important with regard to attendance by the
student's regular education teacher, who has both a breadth of
responsibilities and a critical role as the team member most
knowledgeable about the general education curriculum and environment.
Changing an IEP. IDEA 2004 provides new ways that parents and schools
can make changes to a student's IEP. They are:
Once the annual IEP team meeting has taken place, schools and parents
are allowed to amend or modify the IEP without holding another meeting
of the full team.
The entire IEP need not be rewritten in order to incorporate such
changes, however, parents may request a revised IEP with the changes
incorporated.
PARENT TIP: While these new provisions seem logical on the surface,
parents need to exercise caution regarding the extent to which their
student's IEP can be amended using this approach. Minor changes
involving such things as accommodations can be easily addressed in
this manner, but significant revisions such as changes in the services
to be provided, the frequency of those services, how behavioral or
disciplinary issues are addressed, should call for a full IEP team
meeting.
When making IEP modifications without a team meeting, parents should
make sure that the school representative who agrees to the change(s)
is authorized to do so by the district. Parents should also ensure
that they receive written documentation of the changes, including
effective dates. All school personnel responsible for implementing the
changes should also receive notification.
Meeting Alternatives. IDEA 2004 allows and encourages the use of
alternative ways to hold IEP team meetings, such as conference calls
and video conferencing. Schools are also encouraged to consolidate
discussions of multiple issues into one meeting when possible. This
could include the consolidation of re-evaluation and IEP meetings, or
meetings required under the student discipline provisions.
PARENT TIP: Meetings conducted via means other than face-to-face can
jeopardize meaningful parental participation and hamper the sharing of
information critical to making sound decisions on behalf of the
student. For example, sharing and discussing student work samples
would be difficult via a conference call. Remember that this new
provision in no way negates the parent's right to request an in-person
meeting.
While meeting consolidation can frequently save time for both parents
and school personnel, parents must be fully informed of all issues to
be discussed and should feel comfortable requesting separate meetings
if they are uncomfortable with a proposal for a multi-issue meeting.
Notice of Procedural Safeguards
In another move to reduce paperwork, IDEA 2004 revises the provision
addressing the notice of procedural safeguards. Long a mainstay of the
IEP meeting, the procedural safeguards notice is now required to be
distributed to parents of IDEA-eligible students only one time per
year. Schools can determine when they will satisfy the once-a-year
requirement, and may choose to use the annual IEP meeting for that
purpose. Parents can elect to receive the procedural safeguards notice
by email.
PARENT TIP: While many parents will welcome the reduction in the
number of times the procedural safeguards notice is provided, it is
critical that parents have a current copy of the notice on hand at all
times. The content of the notice, as required by IDEA 2004, has not
changed, with the exception of one additional notice: Unless state law
already sets a time limitation, procedural safeguards must now include
any applicable statute of limitations period - now set at two years -
for the filing of a request for due process hearing.
Moving to a New School District
IDEA 2004 adds important new provisions regarding children who
transfer school districts. While slightly different depending on
whether the move is within the same state or across states, school
districts are now required to provide special education services that
are comparable to those described in the previously held IEP until
such time as a new IEP meeting is held and a new IEP is developed for
the student.
To facilitate the provision of services, schools are also directed to
promptly obtain the child's records from the previous school,
including the IEP and supporting documents related to the provision of
special education and related services. Likewise, the previous school
is directed to take reasonable steps to promptly respond to request
for records from the new school.
PARENT TIP: Parents moving to a new school district should obtain a
complete set of their student's records for the new school to ensure
uninterrupted services. Schools should provide special education
records at very minimal or no cost to parents.
© 2005, 2007 Charles and Helen Schwab Foundation Created:
03/24/2005 Modified: 01/05/2007
About the Contributors
Candace Cortiella's work as Director of the nonprofit The Advocacy
Institute focuses on improving the lives of people with learning
disabilities, through public policy and other initiatives. The mother
of a young adult with learning disabilities, she lives in the
Washington, D.C., area.
Other Resources
Websites
U.S. Department of Education
Identifying and Implementing Educational Practices Supported By
Rigorous Evidence
http://ies.ed.gov/ncee/pubs/evidence_based/evidence_based.asp
U.S. Department of Education
Model IEP Form (pdf)
http://idea.ed.gov/download/modelform1_IEP.pdf
National Center for Learning Disabilities
Determining Appropriate Assessment Accommodations for Students with
Disabilities (pdf)
http://www.ncld.org/docman/task,doc_download/gid,51/
U.S. Department of Education
IDEA 2004
http://idea.ed.gov/explore/home
References
Special Education Expenditures Project, Total Expenditures for
Students with Disabilities, 1999-2000: Spending Variation by
Disability, Report #5, June 2003.