Professional Documents
Culture Documents
BRIEFING PAPER
A publication of the National Dissemination Center for Children with Disabilities
I
Individualized
Education Programs
C
This document is a verbatim team for each child or youth with a
reprinting of: disability who was eligible for special
education and related services.
n the Federal regulations concern- Among other things, the IEP was
ing Individualized Education intended to set forth the services
Programs (IEPs), as contained in that would be provided to the child.
the Individuals with Disabilities In 1981, in response to queries from
Education Act Amendments of the public regarding the EHAs
1997, and requirements for the IEP, the U.S.
H
Department of Education released
n Appendix A (formerly Appendix Appendix C to Part 300: Notice of
C) to Part 300: Notice of Interpre- Interpretation, which provided
tation, issued by the Department additional explanation of EHAs
of Education, Office of Special regulations.
Education and Rehabilitative
Services, to provide additional The IDEA amended the EHA in
clarification of the Federal regula- 1990. In June 1997, the law was
tions. amended again by the IDEA Amend-
ments of 1997. Regulations for IDEA
C
The Individuals with Disabilities '97 were published in the Federal
Education Act (IDEA) Amendments Register on March 12, 1999. The
of 1997, P.L. 105-17, is the federal law Notice of Interpretation with respect
that ensures a free appropriate public to IEPs has been included in these
education (FAPE) for eligible children regulations and has been renamed
and youth with disabilities. This law Appendix A. It has been revised to
is the latest of several amendments to reflect changes in the law.
P.L. 94-142, the Education of the
Handicapped Act (EHA), and is used This NICHCY Briefing Paper first
by school systems around the coun- provides readers with the full text of
Y
try to guide the way in which special Appendix A. This document refers
education and related services are frequently to the Federal regulations
determined for and provided to as the basis for answering questions
eligible children and youth with about IEPs. To allow readers to see
disabilities. precisely what the regulations say, we
have also provided the verbatim text
Passed in 1975, the EHA required of the regulations regarding IEPs,
that an Individualized Education beginning on page 25.
Program (IEP) be developed by a
Appendix A
(b) Participating agency. As used in 300.348, (2) Ensures that an IEP is developed and
participating agency means a State or local agency, implemented for each eligible child placed in
other than the public agency responsible for a or referred to a private school or facility by the
students education, that is financially and legally public agency.
responsible for providing transition services to the
(b) Paragraph (a) of this section applies to
student.
(1) The SEA, if it is involved in providing direct
(Authority: 20 U.S.C. 1401(11), 1312(a)(10)(B))
services to children with disabilities, in accordance
with 300.370(a) and (b)(1); and
300.342 When IEPs must be in effect. (d) Effective date for new requirements. All IEPs
developed, reviewed, or revised on or after July 1,
(a) General. At the beginning of each school 1998 must meet the requirements of 300.340-
year, each public agency shall have an IEP in effect 300.350.
for each child with a disability within its
jurisdiction. (Authority: 20 U.S.C. 1414(d)(2)(A) and (B),
Pub. L. 105-17, sec. 201(a)(2)(A), (C)
(b) Implementation of IEPs. Each public agency
shall ensure that
(1) An IEP 300.343 IEP meetings.
(i) Is in effect before special education and (a) General. Each public agency is responsible
related services are provided to an eligible child for initiating and conducting meetings for the
under this part; and purpose of developing, reviewing, and revising the
IEP of a child with a disability (or, if consistent
(ii) Is implemented as soon as possible following with 300.342(c), an IFSP).
the meetings described under 300.343;
(b) Initial IEPs; provision of services. (1) Each
(2) The childs IEP is accessible to each regular public agency shall ensure that within a reasonable
education teacher, special education teacher, related period of time following the agencys receipt of
service provider, and other service provider who is parent consent to an initial evaluation of a child
responsible for its implementation; and
(i) The child is evaluated; and
(3) Each teacher and provider described in
paragraph (b)(2) of this section is informed of (ii) If determined eligible under this part, special
education and related services are made available
(i) His or her specific responsibilities related to to the child in accordance with an IEP.
implementing the childs IEP; and
(2) In meeting the requirement in paragraph
(ii) The specific accommodations, modifications, (b)(1) of this section, a meeting to develop an IEP
and supports that must be provided for the child in for the child must be conducted within 30 days of
accordance with the IEP. a determination that the child needs special
education and related services.
(c) IEP or IFSP for children aged 3 through 5.
(1) In the case of a child with a disability aged 3 (c) Review and revision of IEPs. Each public
through 5 (or, at the discretion of the SEA a agency shall ensure that the IEP team
2-year-old child with a disability who will turn age
3 during the school year), an IFSP that contains the (1) Reviews the childs IEP periodically, but not
material described in section 636 of the Act, and less than annually, to determine whether the annual
that is developed in accordance with 300.341- goals for the child are being achieved; and
300.346 and 300.349-300.350, may serve as
(2) Revises the IEP as appropriate to address
the IEP of the child if using that plan as the IEP is
(i) Any lack of expected progress toward the
(i) Consistent with State policy; and
annual goals described in 300.347(a), and in the
(ii) Agreed to by the agency and the childs general curriculum, if appropriate;
parents.
(2) In implementing the requirements of (Regulations for this section
paragraph (c)(1) of this section, the public agency continue on the next page.) (
shall
(d) Requirement with respect to regular education (3) A statement of the special education and
teacher. The regular education teacher of a child related services and supplementary aids and
with a disability, as a member of the IEP team, services to be provided to the child, or on behalf of
must, to the extent appropriate, participate in the the child, and a statement of the program
development, review, and revision of the childs IEP, modifications or supports for school personnel that
including assisting in the determination of will be provided for the child
(1) Appropriate positive behavioral interventions (i) To advance appropriately toward attaining
and strategies for the child; and the annual goals;
(2) Supplementary aids and services, program (ii) To be involved and progress in the general
modifications or supports for school personnel that curriculum in accordance with paragraph (a)(1) of
will be provided for the child, consistent with this section and to participate in extracurricular and
300.347(a)(3). other nonacademic activities; and
(iii) To be educated and participate with other
children with disabilities and nondisabled children
in the activities described in this section;
NICHCY thanks our Project Officer, Dr. Peggy Cvach, at the Office of Special Education Programs
(OSEP), U.S. Department of Education. We would also like to thank the other individuals at OSEP
who were involved in the painstaking review of this document.
This information is copyright free. Readers are encouraged to copy and share it, but please credit the
National Dissemination Center for Children with Disabilities (NICHCY). Please share your ideas
and feedback with our staff by writing to the Editor.
NICHCY
National Dissemination Center
for Children with Disabilities
P.O. Box 1492
Washington, DC 20013
(800) 695-0285 (V/TTY)
(202) 884-8200 (V/TTY)
E-mail: nichcy@aed.org
Web: www.nichcy.org
This document was reviewed by the U.S. Office of Special Education Programs for consis-
tency with the Individuals with Disabilities Education Act Amendments of 1997, Public Law
105-17, and the final implementing regulations published March 12, 1999.
Publication of this document is made possible through a Cooperative Agreement between the Academy for
Educational Development and the Office of Special Education Programs of the U.S. Department of Education. The
contents of this document do not necessarily reflect the views or policies of the Department of Education, nor does
mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.