The following is a small portion of Individuals with Disabilities Education Act Amendments of 1997 found on the OSERS IDEA'97 -- The Law Page. Download and read it if you haven't already done so. Know the Law, it is well worth the effort.(d) INDIVIDUALIZED EDUCATION PROGRAMS- (1) DEFINITIONS- As used in this title: (A) 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—
(i) a statement of the child’s present levels of educational performance, including—
(I) how the child’s disability affects the child’s involvement and progress in the general curriculum; or (ii) a statement of measurable annual goals, including benchmarks or short-term objectives, related to—(II) for preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities;
(I) 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 (iii) 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—(II) meeting each of the child’s other educational needs that result from the child’s disability;
(I) to advance appropriately toward attaining the annual goals; (iv) 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);(II) to be involved and progress in the general curriculum in accordance with clause (i) and to participate in extracurricular and other nonacademic activities; and
(III) to be educated and participate with other children with disabilities and nondisabled children in the activities described in this paragraph;
(v) (I) 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
(II) 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 (B) INDIVIDUALIZED EDUCATION PROGRAM TEAM- The term ‘individualized education program team’ or ‘IEP Team’ means a group of individuals composed of— (bb) how the child will be assessed; (vi) 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; (vii) (I) 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);
(II) 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
(III) 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 615(m); and
(viii) a statement of—
(I) 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.
(i) the parents of a child with a disability; (2) REQUIREMENT THAT PROGRAM BE IN EFFECT-(ii) at least one regular education teacher of such child (if the child is, or may be, participating in the regular education environment);
(iii) at least one special education teacher, or where appropriate, at least one special education provider of such child;
(iv) a representative of the local educational agency who—
(I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; (v) 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);(II) is knowledgeable about the general curriculum; and
(III) is knowledgeable about the availability of resources of the local educational agency;
(vi) 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
(vii) whenever appropriate, the child with a disability.
(A) 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). (3) DEVELOPMENT OF IEP-(B) 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 636, 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—
(i) consistent with State policy; and (ii) agreed to by the agency and the child’s parents.
(A) IN GENERAL- In developing each child’s IEP, the IEP Team, subject to subparagraph (C), shall consider— (4) REVIEW AND REVISION OF IEP-
(i) the strengths of the child and the concerns of the parents for enhancing the education of their child; and (B) CONSIDERATION OF SPECIAL FACTORS- The IEP Team shall—(ii) the results of the initial evaluation or most recent evaluation of the child.
(i) 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; (ii) 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;
(iii) 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;
(iv) 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
(v) consider whether the child requires assistive technology devices and services.
(C) 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).
(A) IN GENERAL- The local educational agency shall ensure that, subject to subparagraph (B), the IEP Team— (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.(i) reviews the child’s IEP periodically, but not less than annually to determine whether the annual goals for the child are being achieved; and
(ii) revises the IEP as appropriate to address—
(I) any lack of expected progress toward the annual goals and in the general curriculum, where appropriate;
(II) the results of any reevaluation conducted under this section;
(III) information about the child provided to, or by, the parents, as described in subsection ©(1)(B);
(IV) the child’s anticipated needs; or
(V) other matters.
(B) 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.
