Part B (ages 6 through 21)

IDEA 2004
Topics Database
Part B

Definitions for Differentiating Instruction:

General Education Curriculum and Access
Sec. 300.320(a)(1)(i) clarifies that the general education curriculum means the same curriculum as all other children. Therefore, an IEP that focuses on ensuring that the child is involved in the general education curriculum will necessarily be aligned with the State's content standards. Congress acknowledged, in section 601(c)(5)(A) of the Act, that ensuring access to the general education curriculum in the regular classroom, to the maximum extent possible, is also effective in preparing children with disabilities to lead productive and independent adult lives. We do not believe further clarification is necessary to address the commenter' concerns.
From   Present levels of academic achievement and functional performance (Sec. 300.320(a)(1))

Least Restrictive Environment
Since 1975, Federal legislation has required that states specify ways that they are addressing students’ needs to be provided an education in the Least Restrictive Environment (LRE) possible, and to be as included as much possible in the general education setting.

“To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” IDEA 2004, Section 612 (a)(5)(A)
(From OSEP IDEA 2004 website)

Early Intervening Services
IDEA 2004 revises provisions regarding early intervening services.  It authorizes local education agencies (LEAs) to use up to 15 percent of their IDEA funds to develop and implement coordinated, early intervening educational services.  These services apply to students who are not receiving special education services but who require additional academic and behavioral support to succeed in a regular education environment, and who may be likely for referral to special education programs and services at a later time. It includes as allowable services: (1) professional development for teachers and other school staff to deliver scientifically-based academic and behavioral interventions; and (2) providing educational and behavioral evaluations, services, and supports, including scientifically-based literacy instruction.

Bill Summary & Status for the 108th Congress:  Bill Summary & Status for the 108th Congress: SUMMARY AS OF: 12/3/2004   Individuals with Disabilities Education Improvement Act of 2004 - Title I: Amendments to the Individuals With Disabilities Education Act - (Sec. 101) Amends the Individuals with Disabilities Education Act (IDEA) to revise and reauthorize its programs.

Individualized Education Program  (short version)
As used in Part 300, 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 34 CFR 300.320 through 300.324.

Individualized Education Program  (long version)

General definition of individualized education program (IEP)
As used in Part 300, 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 34 CFR 300.320 through 300.324, and that must include:

• A statement of the child's present levels of academic achievement and functional performance…

• A statement of measurable annual goals, including academic and functional goals designed to:
o Meet 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
o Meet each of the child's other educational needs that result from the child's disability;

• For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;

• A description of:
o How the child's progress toward meeting the annual goals described in     34 CFR 300.320(a)(2) will be measured; and
o 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;

• 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…

• 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….
[34 CFR 300.320(a)] [20 U.S.C. 1414(d)(1)(A)(i)]

§ 300.34   Related services.
(a) General. Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.
(Authority: 20 U.S.C. 1401(26))

: IEP web page § 300.34   Related services.)