Individualized Education Programs

March 1994

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National Information Center
for Children and Youth with Disabilities

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This document is a verbatim reprinting of (a) the federal regulations concerning Individualized Education Programs (IEPs), as contained in the Individuals with Disabilities Education Act, and (b) Appendix C to Part 300: Notice of Interpretation, issued by the Department of Education, Office of Special Education and Rehabilitative Services, to provide additional clarification of the Federal regulations.

The Individuals with Disabilities Education Act (IDEA), P.L. 101-476, is the federal law that guarantees a free appropriate public education (FAPE) for eligible children and youth with disabilities. This law is one of several amendments to P.L. 94-142, the Education of the Handicapped Act (EHA), and is used by school systems around the country to guide the way in which special education and related services are determined for and provided to eligible children and youth with disabilities.

Passed in 1975, the EHA required that an Individualized Education Program (IEP) be developed by a multidisciplinary team for each child or youth with a disability who was eligible for special education and related services. Among other things, the IEP was intended to set forth a plan for the services that would be provided to the child. In 1981, in response to queries from the public regarding the EHA's requirements for the Individualized Education Program (IEP), the U.S. Department of Education released Appendix C to Part 300: Notice of Interpretation, which was intended to provide additional explanation of EHA's regulations.

The IDEA amended the EHA in 1990. Regulations for the IDEA are published in the Code of Federal Regulations (CFR) and include Appendix C as it has been revised to reflect changes in the law.

Accordingly, NICHCY offers this briefing paper, which provides readers with the complete text of the IDEA's regulations concerning IEPs and the complete text of Appendix C, as it has been updated. The text of the Federal regulations appears between two lines, with corresponding questions and answers from Appendix C appearing immediately below.

To Obtain a Copy of IDEA's Regulations

For regulations for all parts of the IDEA (34 CFR Parts 300-399), write to: Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. Charge orders may be telephoned to the Government Printing Office at (202) 512-1800. Ask for 34 CFR Parts 300-399.

For regulations to only Part B of the IDEA (34 CFR Parts 300 and 301), write to: LRP Publications, 747 Dresher Road, P.O. Box 980, Horsham, PA 19044-0980. Telephone: (800) 341-7874, ext. 275.

Each of these documents costs less than $20.00.

Section 300.340 Definitions.

1. As used in this part, the term "individualized education program" means a written statement for a child with a disability that is developed and implemented in accordance with Sections 300.341-300.350.
   
   
2. As used in Sections 300.346 - 300.347, "participating agency" means a State or local agency, other than the public agency responsible for a student's education, that is financially and legally responsible for providing transition services to the student.(Authority: 20 U.S.C. 1401(a)(20))
   
   

I. Purpose of the IEP

There are two main parts of the IEP requirement, as described in the Act and regulations: (1) The IEP meeting(s), where parents and school personnel jointly make decisions about an educational program for a child with a disability, and (2) the IEP document itself, that is, a written record of the decisions reached at the meeting. The overall IEP requirement, comprised of these two parts, has a number of purposes and functions:

1. The IEP meeting serves as a communication vehicle between parents and school personnel, and enables them, as equal participants, to jointly decide what the child's needs are, what services will be provided to meet those needs, and what the anticipated outcomes may be.
   
   
2. The IEP process provides an opportunity for resolving any differences between the parents and the agency concerning the special education needs of a child with a disability; first, through the IEP meeting, and second, if necessary, through the procedural protections that are available to the parents.
   
   
3. The IEP sets forth in writing a commitment of resources necessary to enable a child with a disability to receive needed special education and related services.
   
   
4. The IEP is a management tool that is used to ensure that each child with a disability is provided special education and related services appropriate to the child's special learning needs.
   
   
5. The IEP is a compliance/ monitoring document that may be used by authorized monitoring personnel from each governmental level to determine whether a child with a disability is actually receiving the FAPE agreed to by the parents and the school.
   
   
6. The IEP serves as an evaluation device for use in determining the extent of the child's progress toward meeting the projected outcomes.
   
   

Note: The Act does not require that teachers or other school personnel be held accountable if a child with a disability does not achieve the goals and objectives set forth in the IEP. See Section 300.350, Individualized education program accountability.

II. IEP Requirements

This part (1) repeats the IEP requirements in Section 300.340 -- 300.350 of the regulations (see boxed material), (2) provides additional clarification, as necessary, on sections or paragraphs of the regulations on which such clarification is needed, and (3) answers some questions regarding implementation of the IEP requirements that are not expressly addressed in the regulations. These questions and clarifying information are presented in a question and answer format immediately after the particular section of the regulations that is presented.

Key to Abbreviations

FAPE - Free appropriate public education

LEA - Local Education Agency

LRE - Least restrictive environment

SEA - State Education Agency

Credits

LG2, Update March 1994

NICHCY Briefing Papers are produced in response to requests from parents, professionals, and other concerned individuals. In addition, NICHCY disseminates other materials and can respond to individual inquiries. For further information or assistance, or to receive a NICHCY Publications List, contact: NICHCY, P.O. Box 1492, Washington, DC 20013-1492, or call 1-800-695-0285 (Voice/TT).

Project Director, Suzanne Ripley
Deputy Director, Richard L. Horne, Ed.D.
Editor, Lisa Kupper

NICHCY would like to thank our Federal Project Officer, Dr. Sara Conlon, at the Office of Special Education Programs, U.S. Department of Education, for her dedicated involvement in and support of the Clearinghouse.

This document was developed by the Academy for Educational Development, Inc., pursuant to Cooperative Agreement #H030A30003 with the Office of Special Education Programs, U.S. Department of Education. The contents do not necessarily reflect the views or policies of the U.S. Department of Education, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.

This document is copyright free. Readers are encouraged to copy and share it with others, but please credit the National Information Center for Children and Youth with Disabilities (NICHCY)