Elements of IEPs
Individualized Educational Programs (IEPs) are the essential products of Individuals with Disabilities Education Act (IDEA). Defined by IDEA standards, an IEP is “a written statement for each child with a disability that is developed, reviewed, and revised in accordance with the child’s:

1. Present levels of educational performance

2. Annual goals

3. Special education and related services

4. Explanation of nonparticipation

5. Participation in assessments

6. Dates, frequency, location, and duration of services

7. Transition services

8. Measuring and reporting student progress

IEPs put into affect the specific needs of a disabled student so he/she can progress in the same curriculum with their peers.

Present Levels of Educational Performance
The first step explains how the child with a disability is currently doing in school. What are his/her strengths and weaknesses? What areas or skills need to be addressed? This information is drawn from recent evaluations, observations, and input from parents and school personnel. A new emphasis in IDEA 97 states, “how the child’s disability affects the child’s involvement and progress in the general curriculum.”

Annual Goals
After identifying how the child is doing in school and where he/she is having difficulty, the IEP team focuses on determining what educational goals would be appropriate for the student, given those areas of difficulty. The goals are annually measured and should be reasonable. They must include “benchmarks or short-term objectives” and help the child be a part of the general curriculum. They should address other educational needs that arise due to the child’s disability.

Special Education and Related Services
When both the areas of need and annual goals have been established, what special education and related services does he/she require in order to attain those goals and address those needs? In writing, the IEP team must consider and specify what aids and services are necessary to enable the student to be involved in the general curriculum, to participate in extracurricular activities, and to be educated and participate with other children; those with and without disabilities of their own. The IEP Team must also consider any program modifications or support for school personnel that will be provided for the child. These will assist school personnel in helping the child progress in the general curriculum.

Explanation of Nonparticipation
The IDEA stresses a mutual education between disabled children and their non-disabled peers. This preference is shown in this new IEP requirement: the IEP Team must now include an explanation of the extent to which the student will not be participating with non-disabled children in the general curriculum and in extracurricular activities.

Participation in Assessments
In the past, disabled children did not participate in assessments of student achievement conducted throughout their school district. The new law requires that they be included in these assessments, with individual modifications made in how the test is given. (i.e. students may be given more time take the test, take the test in a quiet place, or have someone write down their responses.) The IEP Team must now provide a statement of the specific modifications so the student can participate in these assessments.

The IEP Team might determine the student cannot participate in such an assessment, even with the modifications. If this is the case, the Team must include a statement in the IEP as to why the assessment is not appropriate for the student and how he/she will be alternatively assessed.

Dates, Frequency, Location, and Duration of Services
Each student’s IEP must be very clear about when that student’s special education and related services (including modifications) will begin, how long they will go on, how often they will be provided, and where he/she will receive those services. Stating the location of services is a new requirement of IDEA 97. This was added so the disabled student doesn’t feel he/she has to choose between a needed service and the regular educational atmosphere.

Transition Services
Two new transition requirements have been added for disabled children. The first is when the student is age fourteen and every year thereafter, the IEP Team must include a statement of that student’s transition service needs in his or her courses of study (i.e., AP courses or vocational education).

Also, transition services relate to ‘age of majority,’ or when the student, under State law is considered an adult rather than a minor. Under IDEA 97, one year before the child reaches the age of majority, the Team must include a statement that the student has been informed of the rights, if any, that transfer him or her upon reaching the age of majority.

Measuring and Reporting Student Progress
The IEP Team must provide a statement to show how the parents of the child will be kept regularly informed about their child’s progress toward the annual goals listed. They must also be informed of the efficiency of that progress to enable the child to achieve the goals by the end of the year. They must be informed at least as often as the parents of non-disabled children are.

Get Help! Procedures
Click Here for easy guidelines to pursuing your complaint, including what documents we'll need to get started. If you feel you may have a case, complete our free consultation form online for more information. There is absolutely NO UP-FRONT COST for our lawyers' help, in qualifying cases.