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The New IDEA and the IEP Submitted by Lesli Girard, Topeka Center
The Individuals with Disabilities Education Improvement Act of 2004, enacted by Congress and signed by President Bush in December, 2004, includes significant changes to the Individualized Education Program (IEP) process. Here are some highlights of IDEA 2004 related to IEPs.
Components of the IEP:
Present levels of academic achievement and functional performance – including how the disability affects involvement and progress in the general education curriculum (or appropriate activities for preschool children). This section would include the child’s strengths, parental concerns, evaluation results, and the academic, developmental and functional needs of the child. Measurable Annual Goals – including academic and functional goals designed to meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum and meet other education needs related to the disability. IDEA 2004 only requires short term objectives or benchmarks for students who take alternate assessments aligned to alternate achievement standards. Description of Progress – includes how this will be measured and when parents will receive periodic reports on progress toward reaching annual goals (such as through the use of quarterly or other periodic reports concurrent with the issuance of report cards). Statement of Special Education; Related Services; Supplementary Aids and Services; Program Modifications; and/or Supports for School Personnel – that are based on peer-reviewed research. These services should help the child advance appropriately toward attaining the annual goals; be involved in and make progress in the general education curriculum and participate in extracurricular and other nonacademic activities. Least Restrictive Environment – a statement of the extent, if any, the child will not participate with nondisabled children in the regular class and other activities. Accommodations on State and District-wide Assessments – any necessary individual appropriate accommodations required to measure academic achievement and functional performance on these tests. If the IEP Team determines the child should take an alternate assessment, why the child cannot participate and the appropriate alternate assessment to be used. Specifics about Services and Modifications – including projected dates for beginning and the anticipated frequency, location and duration of the services and modifications. Transition Plan – to include appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills. The plan should specify transition services (including courses of study) needed to assist the child in reaching transition goals. No later than 1 year before the child reaches the age of majority (age 18 in Kansas), a statement that the child has been informed that parental rights in IDEA will transfer upon reaching the age of majority. Note: Although federal law now requires transition planning to begin no later than age 16, Kansas law requires transition planning to begin no later than age 14.
IEP Team – members include the parents; not less than one regular education teacher (if the child is, or may be, participating in the regular education environment); not less than one special education teacher or special education provider; the local education agency (LEA) representative knowledgeable about the availability of resources, qualified to provide, or supervise the provision of special education services and who is knowledgeable about the general education curriculum; a professional who can interpret the instructional implications of evaluation results (may be an individual serving in another capacity); other individuals at the discretion of the parent or agency, who have knowledge or special expertise regarding the child, including related services personnel; and, the child, when appropriate.
IEP Team Meeting Attendance Not Necessary – at all or part of a meeting if the parent and LEA agree attendance is not necessary. The parents and LEA can excuse an IEP Team member for all or part of meeting when it involves modification to or discussion of the member’s area of the curriculum or related services if member submits, in writing, input prior to the meeting. The parent agreement and consent must be in writing.
Alternative Means of Meeting Participation – such as videoconferences and conference calls are allowed if the parent and LEA agree.
IEP Modifications – Parent and LEA may agree to develop a written document to amend or modify a current IEP without convening IEP meeting. Changes can be made by amending the IEP rather than redrafting the entire document. Upon request, parent shall receive a revised copy of the IEP with the amendments incorporated. |
