Reading 2

Reading 2

IEPs

Selected sections of IDEA Statute
Sec. 1400. Congressional Findings and Purpose.

(b) Purposes.

The purposes of this title are --

1. to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living;
2. to ensure that the rights of children with disabilities and parents of such children are protected; and
3. to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities;

to assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;

to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting systemic-change activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and

to assess, and ensure the effectiveness of, efforts to educate children with disabilities.

Sec. 1401. Definitions.

Free appropriate public education. The term `free appropriate public education' means special education and related services that --
1. have been provided at public expense, under public supervision and direction, and without charge;
2. meet the standards of the State educational agency;
3. include an appropriate preschool, elementary, or secondary school education in the State involved; and
4. are provided in conformity with the individualized education program required under section 1414(d).

Sec. 1414. Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements.

Individualized Education Programs.
1. Definitions. As used in this title:
  1. Individualized Education Program. The term `individualized education program' or `IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes -
    1. a statement of the child's present levels of educational performance, including --
      1. how the child's disability affects the child's involvement and progress in the general curriculum; or
      2. for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;
    2. a statement of measurable annual goals, including benchmarks or short-term objectives, related to--
      1. meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum; and
      2. meeting each of the child's other educational needs that result from the child's disability;
    3. a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child --
      1. to advance appropriately toward attaining the annual goals;
      2. to be involved and progress in the general curriculum in accordance with clause (i) and to participate in extracurricular and other nonacademic activities; and
      3. to be educated and participate with other children with disabilities and nondisabled children in the activities described in this paragraph;
    4. an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in clause (iii);
    5. 1. a statement of any individual modifications in the administration of State or districtwide assessments of student achievement that are needed in order for the child to participate in such assessment; and
      2. if the IEP Team determines that the child will not participate in a particular State or districtwide assessment of student achievement (or part of such an assessment), a statement of --
        (aa) why that assessment is not appropriate for the child; and
        
        (bb) how the child will be assessed;
    6. the projected date for the beginning of the services and modifications described in clause (iii), and the anticipated frequency, location, and duration of those services and modifications;
    7. 1. beginning at age 14, and updated annually, a statement of the transition service needs of the child under the applicable components of the child's IEP that focuses on the child's courses of study (such as participation in advanced-placement courses or a vocational education program);
      2. beginning at age 16 (or younger, if determined appropriate by the IEP Team), a statement of needed transition services for the child, including, when appropriate, a statement of the interagency responsibilities or any needed linkages; and
      3. beginning at least one year before the child reaches the age of majority under State law, a statement that the child has been informed of his or her rights under this title, if any, that will transfer to the child on reaching the age of majority under Section 1415(m); and
    8. a statement of --
      1. how the child's progress toward the annual goals described in clause (ii) will be measured; and (II) how the child's parents will be regularly informed (by such means as periodic report cards), at least as often as parents are informed of their nondisabled children's progress, of --
        (aa) their child's progress toward the annual goals described in clause (ii); and
        
        (bb) the extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year.
  2. Individualized Education Program Team. The term `individualized education program team' or `IEP Team' means a group of individuals composed of --
    1. the parents of a child with a disability;
    2. at least one regular education teacher of such child (if the child is, or may be, participating in the regular education environment);
    3. at least one special education teacher, or where appropriate, at least one special education provider of such child;
    4. a representative of the local educational agency who --
      1. is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
      2. is knowledgeable about the general curriculum; and
      3. is knowledgeable about the availability of resources of the local educational agency;
    5. an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (ii) through (vi);
    6. at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
    7. whenever appropriate, the child with a disability.
2. Requirement That Program Be in Effect.
  1. In General. At the beginning of each school year, each local educational agency, State educational agency, or other State agency, as the case may be, shall have in effect, for each child with a disability in its jurisdiction, an individualized education program, as defined in paragraph (1)(A).
  2. Program for Child Aged 3 Through 5. In the case of a child with a disability aged 3 through 5 (or, at the discretion of the State educational agency, a 2 year-old child with a disability who will turn age 3 during the school year), an individualized family service plan that contains the material described in Section 1436, and that is developed in accordance with this section, may serve as the IEP of the child if using that plan as the IEP is -
    1. consistent with State policy; and
    2. agreed to by the agency and the child's parents.
3. Development of IEP.
  1. In General. In developing each child's IEP, the IEP Team, subject to subparagraph (C), shall consider -
    1. the strengths of the child and the concerns of the parents for enhancing the education of their child; and
    2. the results of the initial evaluation or most recent evaluation of the child.
  2. Consideration of Special Factors. The IEP Team shall -
    1. in the case of a child whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior;
    2. in the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child's IEP;
    3. in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;
    4. consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and
    5. consider whether the child requires assistive technology devices and services.
  3. Requirement with Respect to Regular Education Teacher. The regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the development of the IEP of the child, including the determination of appropriate positive behavioral interventions and strategies and the determination of supplementary aids and services, program modifications, and support for school personnel consistent with paragraph (1)(A)(iii).
4. Review and Revision of IEP.
  1. In General. The local educational agency shall ensure that, subject to subparagraph (B), the IEP Team -
    1. reviews the child's IEP periodically, but not less than annually to determine whether the annual goals for the child are being achieved; and
    2. revises the IEP as appropriate to address -
      1. any lack of expected progress toward the annual goals and in the general curriculum, where appropriate;
      2. the results of any re-evaluation conducted under this section;
      3. information about the child provided to, or by, the parents, as described in subsection (c)(1)(B);
      4. the child's anticipated needs; or
      5. other matters.
  2. Requirement with Respect to Regular Education Teacher. The regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the review and revision of the IEP of the child.
5. Failure to Meet Transition Objectives. If a participating agency, other than the local educational agency, fails to provide the transition services described in the IEP in accordance with paragraph (1)(A)(vii), the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in that program.
6. Children with Disabilities in Adult Prisons.
  1. In General. The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:
    1. The requirements contained in Section 1412(a)(17) and paragraph (1)(A)(v) of this subsection (relating to participation of children with disabilities in general assessments).
    2. The requirements of subclauses (I) and (II) of paragraph (1)(A)(vii) of this subsection (relating to transition planning and transition services), do not apply with respect to such children whose eligibility under this part will end, because of their age, before they will be released from prison.
  2. Additional Requirement. If a child with a disability is convicted as an adult under State law and incarcerated in an adult prison, the child's IEP Team may modify the child's IEP or placement notwithstanding the requirements of sections 1412(a)(5)(A) and 1414(d)(1)(A) if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

Sec. 1415. Procedural Safeguards.

Placement in Alternative Educational Setting.
1. Authority of School Personnel.
  1. School personnel under this section may order a change in the placement of a child with a disability -
    1. to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives would be applied to children without disabilities); and
    2. to an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but for not more than 45 days if -
      1. the child carries or possesses a weapon to school or to a school function under the jurisdiction of a State or a local educational agency; or
      2. the child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of a State or local educational agency.
  2. Either before or not later than 10 days after taking a disciplinary action described in subparagraph (A) -
    1. if the local educational agency did not conduct a functional behavioral assessment and implement a behavioral intervention plan for such child before the behavior that resulted in the suspension described in subparagraph (A), the agency shall convene an IEP meeting to develop an assessment plan to address that behavior; or
    2. if the child already has a behavioral intervention plan, the IEP Team shall review the plan and modify it, as necessary, to address the behavior.
2. Authority of Hearing Officer. A hearing officer under this section may order a change in the placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 days if the hearing officer -
  1. determines that the public agency has demonstrated by substantial evidence that maintaining the current placement of such child is substantially likely to result in injury to the child or to others;
  2. considers the appropriateness of the child's current placement;
  3. considers whether the public agency has made reasonable efforts to minimize the risk of harm in the child's current placement, including the use of supplementary aids and services; and
  4. determines that the interim alternative educational setting meets the requirements of paragraph (3)(B).
3. Determination of Setting.
  1. In General. The alternative educational setting described in paragraph (1)(A)(ii) shall be determined by the IEP Team.
  2. Additional Requirements. Any interim alternative educational setting in which a child is placed under paragraph (1) or (2) shall -
    1. be selected so as to enable the child to continue to participate in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the child's current IEP, that will enable the child to meet the goals set out in that IEP; and
    2. include services and modifications designed to address the behavior described in paragraph (1) or paragraph (2) so that it does not recur.
4. Manifestation Determination Review.
  1. In General. If a disciplinary action is contemplated as described in paragraph (1) or paragraph (2) for a behavior of a child with a disability described in either of those paragraphs, or if a disciplinary action involving a change of placement for more than 10 days is contemplated for a child with a disability who has engaged in other behavior that violated any rule or code of conduct of the local educational agency that applies to all children -
    1. not later than the date on which the decision to take that action is made, the parents shall be notified of that decision and of all procedural safeguards accorded under this section; and
    2. immediately, if possible, but in no case later than 10 school days after the date on which the decision to take that action is made, a review shall be conducted of the relationship between the child's disability and the behavior subject to the disciplinary action.
  2. Individuals to Carry Out Review. A review described in subparagraph (A) shall be conducted by the IEP Team and other qualified personnel.
  3. Conduct of Review. In carrying out a review described in subparagraph (A), the IEP Team may determine that the behavior of the child was not a manifestation of such child's disability only if the IEP Team -
    1. first considers, in terms of the behavior subject to disciplinary action, all relevant information, including -
      1. evaluation and diagnostic results, including such results or other relevant information supplied by the parents of the child;
      2. observations of the child; and
      3. the child's IEP and placement; and
    2. then determines that -
      1. in relationship to the behavior subject to disciplinary action, the child's IEP and placement were appropriate and the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the child's IEP and placement;
      2. the child's disability did not impair the ability of the child to understand the impact and consequences of the behavior subject to disciplinary action; and
      3. the child's disability did not impair the ability of the child to control the behavior subject to disciplinary action.
5. Determination That Behavior Was Not Manifestation of Disability.
  1. In General. If the result of the review described in paragraph (4) is a determination, consistent with paragraph (4)(C), that the behavior of the child with a disability was not a manifestation of the child's disability, the relevant disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner in which they would be applied to children without disabilities, except as provided in Section 1412(a)(1).
  2. Additional Requirement. If the public agency initiates disciplinary procedures applicable to all children, the agency shall ensure that the special education and disciplinary records of the child with a disability are transmitted for consideration by the person or persons making the final determination regarding the disciplinary action.