Division of Special Education
Special Education School Improvement
 

IDEA '97 provides for changes/additions to the IEP content, team membership and team procedures. These changes, which become effective on July 1, 1998 are intended to encourage greater access for students to the general education curriculum, as well as a greater level of participation in the IEP decision-making process by parents and students. Even though these new IEP provisions do not become effective until July 1, 1998, districts have been advised that on that date all IEPs must meet these new requirements or they will be out of compliance. Districts need to be incorporating these new requirements into IEPs as they are developed, reviewed and revised during this school year.
 

In response to requests for direction in writing IEPs, the Special Education School Improvement Section has prepared this Technical Assistance Bulletin. Included with this bulletin is a checklist for IEP teams to use to determine if they have made all of the necessary considerations and included all of the required components in the IEP. We encourage you to use this checklist to guide you through the IEP development/review process. If you should have specific questions regarding the development/review/revision of IEPs, you may call your Special Education Area Supervisor or the Special Education School Improvement Section at 573-751-0699.
 

IEP TEAM PARTICIPANTS

IDEA '97 provides for some changes/additions regarding IEP team membership. In addition to those members listed under former law the IEP team must now include:

• a regular education teacher (if the child is or may be participating in the regular education environment).

Proposed regulations suggest that the regular education teacher should be one who is, or may be, responsible for assisting in the implementation of the student's IEP (this includes pre-school children.). If the student has more than one regular education teacher, the local educational agency (LEA) may designate which regular education teacher will participate.

• a person to interpret the instructional implications of evaluation results.
• the LEA representative must be
  • knowledgeable about the general curriculum, and
  • knowledgeable about availability of resources.

Required Documentation for IEP Participation:
On the district's notification to the parent(s) of the IEP meeting, all required IEP team members (including the above additions) must be included as invited participants, as well as any others persons who have knowledge or expertise about the child that the district is inviting to attend. This includes, for ages 14+, the student, and for students age 16+, where transition services are being discussed, the representatives of any agencies which may be paying for or providing identified services for transition. The district must also document, by name and role, all persons who attended the IEP meeting. If the parent did not attend, documentation must be present that: (1) the parent elected not to attend, or (2) the parent participated through some method; or (3) the district made at least 2 separate attempts to include the parent, but was unsuccessful in arranging a mutually agreed on time and place. If the student did not attend for transition planning, the district must document that they have gathered and considered information on the student's preferences and interests.

IEP CONTENT
The Technology Center for Special Education is in the process of developing a new IEP format that incorporates these new requirements. This format will be available to districts in the Spring of 1998. When it becomes available, it may be obtained through the Technology Center or by contacting the Technology Center at 816-235-1040 or 800-872-7066.
 

IEPs that are in effect after July 1, 1998 must include the following content:

• A written statement of present levels of educational performance. This statement must indicate how the disability affects the child's involvement and progress in the general education curriculum. For preschool children, the IEP must include a statement of the present levels of educational performance describing how the disability affects the child's participation in appropriate activities.
• Measurable annual goals, including benchmarks or short-term objectives related to:
  • helping the student be involved and progress in the general curriculum, and;
  • meeting other educational needs resulting from the disability.
• Statement of special education and related services, including:
  • supplementary aids and services or program modifications to be provided to the child or on behalf of the child;
  • supports for school personnel
• The projected date(s) for the initiation of special education, related services and modifications
• A statement of the location, frequency and duration for each special education and related service to be provided, as well as for any modifications or supports that will be provided.

The program modifications &/or supports indicated above are those that would be provided for the child to advance appropriately toward attaining annual goals, to be involved and progress in the general curriculum, to participate in extracurricular/nonacademic activities and to be educated and participate with other children, both disabled and non-disabled.

• Statement of the extent to which the child will not participate in the regular class and/or the general education curriculum.
• Statement concerning the student's participation in general State- and district-wide assessments of student achievement, including:
  • Accommodations, if necessary, to allow for participation, or
  • If the IEP team has determined that it is not appropriate for the child to participate, the IEP must state why the assessment is not appropriate and how the student will be assessed.
• By age 14, and updated annually, a statement of transition service needs focusing on the student's course of study (e.g., college preparatory, vocational education, etc.).
• By age 16, a statement of needed transition services, including a statement of the interagency responsibilities or any needed linkages.
• Statement of how progress toward annual goals will be measured and how this will be reported to parents. This must be reported at least as often as progress of nondisabled students is reported.
• Statement indicating that the student has been informed of the rights that will transfer to him/her under Part B upon reaching the age of majority (in the State of Missouri this is age 18). This statement must be included on the IEP one year prior to the student's 18th birthday.

IEP TEAM CONSIDERATIONS
When developing, reviewing or revising the IEP, IDEA '97 requires the IEP team to make the following considerations for ALL students with disabilities:

• Strengths of the child and any parental concerns for enhancing the child's education;
• Results of the initial or most recent reevaluation;
• The communication needs of the child,
• Assistive technology devices and services

The following special considerations must be made for students whose behavior impedes their own learning or the learning of others or who have been identified as Limited English Proficient, Blind/Visually Impaired, or Deaf/Hearing Impaired:

• Strategies, including positive behavioral interventions, when a student's behavior impedes his/her learning or that of others;
• The language needs of children who are Limited English Proficient (LEP) as those needs relate to the IEP;
• Use of and instruction in Braille for children who are blind or visually impaired, unless the IEP team determines this to be inappropriate;
• for children who are deaf or hearing impaired consider:
  • language and communication needs
  • opportunities for direct communication in the child's language and communication mode with peers and adults
  • academic level, and
  • full range of needs, including opportunities for direct instruction in the child's language and communication mode

Required Documentation for IEP team considerations:
At the present time, as the final regulations are not published and the State's Program Review Standards have not been revised, there are no specific standards to guide IEP teams regarding the documentation of these considerations. Until standards for documentation have been completed, this documentation may be included in the IEP document itself or in the form of IEP team meeting notes. It is important, however, that documentation of these team considerations be made and retained in the student's file.
 

Finally, if, in considering any of the factors listed above, the IEP team determines that a child needs a particular device or service (including an intervention, accommodation, or other program modification) in order for the child to receive FAPE, the IEP team must include a statement to that effect in the child's IEP.
 

Student's Name__________________ Date of IEP Meeting___/___/___

Diagnosis_______________________ Completed by_______________
 

The checklist below may be used by IEP teams to guide their preparation and discussion, in order to be assured that all requirements of the new federal law are incorporated into the IEP.

 

IEP TEAM PARTICIPANTS
 

____ 1. Parent(s)

____ 2. Student (age 14+, and younger if transition is being discussed or IEP team determines

to be necessary or appropriate)

____ 3. At least one regular education teacher (if child is or may be participating in the regular education program)

____ 4. At least one special education teacher/provider

____ 5. LEA representative

____ 6. Individual to interpret instructional implications of evaluation results

____ 7. Agency representatives when transition services are being considered

____ 8. Others, who have knowledge or expertise regarding the child, at the discretion of the parent or district
 

IEP CONTENT
 

____ Present Level of Performance

____ Measurable Annual Goals

____ Benchmarks or short-term objectives

____ Statement of Special Education, Related Services and supplementary aids/services to be provided to the child

____ Statement of program modifications &/or supports that will be provided for or on behalf of the child &/or for school personnel

____ Projected date for initiation of special education services, related services, and modifications/supports

____ Statement of anticipated location, frequency and duration for special education services, related services and modification/supports

____ Explanation of the extent, if any, that the child will not participate with nondisabled students in the regular classroom &/or the general education curriculum and in extracurricular and other non-academic activities

____ Statement of student's participation in assessment including accommodations needed for the student's participation in the assessment or reasons why the assessment is not appropriate and how that student will be assessed

____ Statement of transition service needs (Age 14+)

____ Statement of needed transition services (Age 16+)

____ Statement of how progress toward annual goals will be measured and how this will be reported to parents (including the frequency of reporting)

____ Statement of transfer of rights (age 17+)

____ Consideration of Extended School Year

____ Statement of student's participation in Physical Education (regular or adapted program)
 

SPECIAL CONSIDERATIONS (a statement must be placed on the student's IEP if the team determines that the child needs a particular device or service

[including an intervention, accommodation, or other program modification] for any of the special considerations listed below).
 

For all students:
 

____ Strengths of the child & parental concerns for enhancing education

____ Results of initial or most recent reevaluation

____ Communication needs

____ Assistive technology devices/services
 

For students whose behavior impedes their learning or the learning of others: (check N/A, if Not Applicable)
 

____ Student's behavior, including positive behavioral interventions
 

For Limited English Proficient (LEP) students: (check N/A, if Not Applicable)
 

____ Language needs for LEP students
 

For Blind/Visually Impaired: (check N/A, if Not Applicable)
 

____ Braille, for blind or visually impaired
 

For Deaf/Hearing Impaired: (check N/A, if Not Applicable)
 

____ language and communication needs

____ opportunities for direct communication

____ academic level

____ full range of needs, including direct instruction in child's language and communication mode

 Missouri Department of Elementary and Secondary Education
Division of Special Education
Pam Williams, Interim Director Special Education School Improvement
Email: pwilliam@mail.dese.state.mo.us
 

URL: http://www.dese.state.mo.us/divspeced/