Iowa Code r. 281-41.320 - Definition of individualized education program
(1)
General. As used in this
chapter, the term "individualized education program" or "IEP" means a written
statement for each child with a disability that is developed, reviewed, and
revised in a meeting in accordance with these rules, and that must include:
a. A statement of the child's present levels
of academic achievement and functional performance, including:
(1) How the child's disability affects the
child's involvement and progress in the general education curriculum (i.e., the
same curriculum as for nondisabled children); or
(2) For preschool children, as appropriate,
how the disability affects the child's participation in appropriate
activities;
b. A
statement of measurable annual goals, including academic and functional goals
designed to meet:
(1) The child's needs that
result from the child's disability to enable the child to be involved in and
make progress in the general education curriculum; and
(2) Each of the child's other educational
needs that result from the child's disability;
c. For children with disabilities who take
alternate assessments aligned to alternate academic achievement standards, a
description of benchmarks or short-term objectives;
d. A description of:
(1) How the child's progress toward meeting
the annual goals described in paragraph 41.320(1)"b" will be
measured; and
(2) When periodic
reports on the progress the child is making toward meeting the annual goals,
such as through the use of quarterly or other periodic reports, concurrent with
the issuance of report cards, will be provided;
e. A statement of the special education and
related services and supplementary aids and services, based on peer-reviewed
research to the extent practicable, 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 to enable the child:
(1) To advance appropriately toward attaining
the annual goals;
(2) To be
involved in and make progress in the general education curriculum in accordance
with paragraph 41.320(1)"a," 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 rule;
f. 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
paragraph 41.320(1)"e";
g. A statement of any individual appropriate
accommodations that are necessary to measure the academic achievement and
functional performance of the child on state and districtwide assessments
consistent with Section 612(a)(16) of the Act; and, if the IEP team determines
that the child must take an alternate assessment instead of a particular
regular state or districtwide assessment of student achievement, a statement of
why the child cannot participate in the regular assessment and why the
particular alternate assessment selected is appropriate for the child;
and
h. The projected date for the
beginning of the services and modifications described in paragraph
41.320(1)"e" and the anticipated frequency, location, and
duration of those services and modifications.
(2)
Transition services.
Beginning not later than the first IEP to be in effect when the child turns 14,
or younger if determined appropriate by the IEP team, and updated annually,
thereafter, the IEP must include:
a.
Appropriate measurable postsecondary goals based upon age-appropriate
transition assessments related to training, education, employment, and, where
appropriate, independent living skills; and
b. The transition services, including courses
of study, needed to assist the child in reaching those goals.
(3)
Transfer of rights at
age of majority. Beginning not later than one year before the child
reaches the age of majority under state law, the IEP must include a statement
that the child has been informed of the child's rights under Part B of the Act,
if any, that will transfer to the child on reaching the age of majority under
rule 281-41.520 (256B, 34CFR300
).
(4)
Construction. Nothing in this rule shall be construed to
require:
a. That additional information be
included in a child's IEP beyond what is explicitly required in Section 614 of
the Act; or
b. The IEP team to
include information under one component of a child's IEP that is already
contained under another component of the child's IEP.
(5)
Special considerations.
The IEP, or an associated document, must contain the answers to the questions
contained in subrule 41.116(4).
(6)
Prohibited practices. An IEP shall not include practices that
are precluded by constitution, statute, this chapter, or any other applicable
law.
(7)
Clearing
classrooms. An IEP or a behavioral intervention plan shall not include
provisions for clearing all other students out of the regular classroom in
order to calm the child requiring special education or the child for whom a
behavioral intervention plan has been implemented except as provided in Iowa
Code section 279.51A.
If a student whose behavior caused a classroom clearance has an IEP or a behavioral intervention plan, the classroom teacher shall call for and be included in a review and potential revision of the student's IEP or behavioral intervention plan by the student's IEP team. The AEA, in collaboration with the school district, may, when the parent or guardian meets with the IEP team during the review or reevaluation of the student's IEP, inform the parent or guardian of individual or family counseling services available in the area. The public agencies must provide those services if those services are necessary for a FAPE.
Notes
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