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| Reading 1 |
IEPs
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Notice of Interpretation (1981) 36. What should be included in the statement of the child's present levels of educational performance? The statement of present levels of educational performance will be different for each handicapped child. Thus, determinations about the content of the statement for an individual child are matters that are left to the discretion of participants in the IEP meetings. However, the following are some points which should be taken into account in writing this part of the IEP.
The statutory requirements for including annual goals and short term objectives, Section 602(19)(B), 20 U.S.C. section 1402(1)(B), and for having at least an annual review of a handicapped child's IEP Section 14(a)(5), 20 U.S.C. section 1414(a)(5), provide a mechanism for determining whether the child is progressing in the special education program) and (2) whether the placement and services are appropriate to the child's special learning needs. In effect, these requirements provide a way for the child's teacher(s) and parents to be able to track the child's progress in special education. However, the goals and objectives that are normally found in daily, weekly, or monthly instructional plans. 38. What are "annual goals" in an IEP? The annual goals in the IEP are statements which describe what a handicapped child can reasonably be expected to accomplish within a twelve month period in the child's special education program. As indicated under Question 36, above, there should be a direct relationship between the annual goals and the present levels of educational performance. 39. What are short term instructional objectives in an IEP? "Short term instructional objectives" (also called "IEP objectives") are measurable, intermediate steps between a handicapped child's present levels of educational performance and the annual goals that are established for the child. The objectives are developed based on a logical breakdown of the major components of the annual goals, and can serve as milestones for measuring progress toward meeting the goals. In some respects, IEP objectives are similar to objectives used in daily classroom instructional plans. For example, both kinds of objectives are used (1) to describe what a given child is expected to accomplish in a particular area within some specified time period, and (2) to determine the extent to which the child is progressing toward those accomplishments. In other respects, objectives in IEPS are different from those used in instructional plans, primarily in the amount of detail they provide. IEP objectives provide general benchmarks for determining progress toward meeting the annual goals. These objectives should be projected to be accomplished over an extended period of time (e.g., an entire school quarter or semester). On the other hand, the objectives in classroom instructional plans deal with more specific outcomes that are to be accomplished on a daily, weekly, or monthly basis. Classroom instructional plans generally include details not required in an IEP, such as the specific methods, activities, and material (e.g., the use of flash cards) that will be used in accomplishing the objectives. 40. Should the IEP goals and objectives focus only on special education and related services, or should they relate to the total education of the child? IEP goals and objectives are concerned primarily with meeting a handicapped child's need for special education and related services, and are not required to cover other areas of the child's education. Stated another way, the goals and objectives in the IEP should focus on setting or reducing the problems resulting from the child's handicap which interfere with learning and educational performance in school. For example, if a learning disabled child is functioning several grades below the child's indicated ability in reading and has a specific problem with word recognition, the IEP goals and objectives would be directed toward (1) closing the gap between the child's indicated ability to use word attack skills effectively (or to find some other approach to increase independence in reading). For a child with a mild speech impairment, the IEP objectives would focus on improving the child's communication skills, by either (1) correcting the impairment, of (2) minimizing its effect of the child's ability to communicate. On the other hand, the goals and objectives for a severely retarded child would be more comprehensive and cover more of the child's school program than if the child has only a mild handicap. 41. Should there be a relationship between the goals and objectives in the IEP and those that are in instructional plans of special education personnel? Yes. There should be a direct relationship between the IEP goals and objectives for a given handicapped child and the goals and objectives that are in the special education instructional plans for the child. However, the IEP is not intended to be detailed enough to be used as an instructional plan. The IEP, through its goals and objectives, (1) sets the general direction to be taken by those who will implement the IEP, and (2) serves as the basis for developing a detailed instructional plan for the child. (NOTE: See Questions 56, below, regarding the length of IEPs.) 42. When must IEP objectives be written-before placement or after placement? IEP objectives must be written before placement. Once a handicapped child is placed in a special education program, the teacher might develop lesson plans or more detailed objectives based on the IEP; however, such plans and objectives are not required to be a part of the IEP itself. 43. Can short term instructional objectives be changed without initiating another IEP meeting? No. Reg. 300.343(a) provides that the agency "is responsible for initiating and conducting meeting for the purpose of developing, reviewing, and revising a handicapped child's individualized education program" (emphasis added). Since a change in short term instructional objectives constitutes a revision of the child's IEP, the agency must (1) notify the parents of the proposed change (See Reg. 300.504(a)(1)), and (2) initiate an IEP meeting. Note, however, that if the parents are unable or unwilling to attend such a meeting, their participation in the revision of the IEP objectives can be obtained through other means, including individual or conference telephone calls (see Reg. 300.345(c)). 44. Must the IEP include all special education and related services needed by the child or only those available from the public agency? Each public agency must provide a free appropriate public education to all handicapped children under its jurisdiction. Therefore, the IEP for a handicapped child must include all of the specific special education and related services needed by the child--as determined by the child's current evaluation. This means that the services must be listed in the IEP even if they are not directly available from the local agency, and must be provided by the agency through contract or other arrangements. 45. Is the IEP a commitment to provide services-i.e., must a public agnecy provide all of the services listed in the IEP? Yes, Each handicapped child's IEP must include all services necessary to meet the child's identified special education and related services needs; and all services in the IEP must be provided in order or the agency to be in compliance with the Act. 46. Must the public agency itself directly provide the services set out in the IEP? The public agency responsible for the education of a handicapped child could provide IEP services to the child (1) directly, through the agency's own staff resources, or (2) indirectly, b contracting with another public or private agency, or through other arrangement. IN providing the services, the agency may use whatever State, local, Federal, and private sources of support are available for those purposes (See Reg. 300.301(1)). However, the services must be at not cost to the parents, and responsibility for ensuring that the IEP services are provided remains with the public agency. 47. Does the IEP include only special education and related services or does it describe the total education of the child? The IEP is required to include only those matters concerning the provision of special education and related services and the extent to which the child can participate in regular education programs. (NOTE: The regulations define "special education" as specially designed instruction to meet the unique needs of a handicapped child, and "related services" as those which are necessary to assist the child to benefit from special education.) (See Regs. 300.14 and 300.13, respectively.) For some handicapped children, the IEP will only address a very limited part of their education (e.g., for a speech impaired child, the IEP would generally be limited to the child's speech impairment). For other children (e.g. those who are profoundly retarded), the IEP might cover their total education. An IEP for a physically impaired child with no mental impairment might consist only of specially designed physical education. However, if the child also has a mental impairment, the IEP might cover most of the child's education. (NOTE: The IEP is not intended to be a detailed enough to be used as an instructional plan. See Question 41, above.) 48. If modifications are necessary for a handicapped child to participate in a regular education program, must they be included in the IEP? Yes. If modifications (supplementary aids and services) to the regular education program are necessary to ensure the child's participation in that program, those modifications must be described in the child's IEP (e.g., for a hearing impaired child, special seating arrangements or the provision of assignments in writing.) This applies to any regular education program in which the student may participate, including physical education, art, music, and vocational education. 51. Must the IEP specify the amount of services or may it simply list the services to be provided? The amount of services to be provided must be stated in the IEP, so that the level of the agency's commitment of resources will be clear to parents and other IEP team members. The amount of time to be committed to each of the various services to be provided must be (1) appropriate to that specific service, and (2) stated in the IEP in a manner that is clear to all who are involved in both the development and implementation of the IEP. Changes in the amount of services listed in the IEP cannot be made without holding another IEP meeting. However, as long as there is no change in the overall amount, some adjustments in scheduling the services should be possible (based on the professional judgement of the service provider) without holding another IEP meeting. (NOTE: THE parents should be notified whenever this occurs.) 56. Is there a prescribed format or length for an IEP? No. The format and length of an IEP are matters left to the discretion of State and local agencies. The IEP should be as long as necessary to adequately describe a child's program. However, as indicated in Question 41, above, the IEP is not intended to be a detailed instructional plan. The Federal IEP requirements can usually be met in a one to three page form. (NOTE: IN a national survey conducted under contract with the Department, it was found that 47% of the IEPs reviewed were 3 pages or less in length.) |
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