§ 6-41-217 — Individualized education program - Definition

(a) Before any action is taken with respect to the initial placement of a child with disabilities in a special education program, a full and individual evaluation of the child's educational needs must be conducted. (b) (1) Before placement in special education services, each child must have an individualized education program. (2) The term "individualized education program" or "IEP" means a written statement for each child with disabilities that is developed, reviewed, and revised in accordance with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (3) The individualized education program shall include: (A) A statement of the child's present levels of academic achievement and functional performance, including: (i) How the child's disability affects the child's involvement and progress in the general education curriculum; (ii) For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and (iii) For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives; (B) A statement of measurable annual goals, including academic and functional goals, designed to: (i) Meet the child's needs that result from the child's disability in order to enable the child to be involved in and to make progress in the general education curriculum; and (ii) Meet each of the child's other educational needs that result from the child's disability; (C) A description of how the child's progress toward meeting the annual goals described in subdivision (b)(3)(B) of this section will be measured and when periodic reports will be provided on the progress the child is making toward meeting the annual goals, including, but not limited to, the use of quarterly or other periodic reports, concurrent with the issuance of report cards; (D) 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 for the child: (i) To advance appropriately toward attaining the annual goals; (ii) To be involved in and to make progress in the general education curriculum in accordance with this section and to participate in extracurricular and other nonacademic activities; and (iii) To be educated and to participate with other children with disabilities and nondisabled children in the activities described in this section; (E) 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 this section; (F) (i) A statement of any individual-appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on statewide and districtwide assessments consistent with the Individuals with Disabilities Education Act, regarding participation in assessments of students with disabilities in all general statewide and districtwide assessment programs. (ii) If the individualized education program team determines that the child shall take an alternative assessment on a particular statewide or districtwide assessment of student achievement, a statement of why: (a) The child cannot participate in the regular assessment; and (b) The particular alternate assessment selected is appropriate for the child; (G) The projected date for the beginning of the services and modifications described in this section, and the anticipated frequency, location, and duration of those services and modifications; and (H) (i) (a) Beginning not later than the first individualized education plan to be in effect when the child is sixteen (16) years of age and updated annually thereafter, appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and when appropriate, independent living skills. (b) The individualized education program shall also include the transition services, including courses of study, needed to assist the child in reaching those goals. (ii) Beginning no later than one (1) 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 the Individuals with Disabilities Education Act. (c) Nothing in this section shall be construed to require the individualized education program team to include information under one (1) component of a child's individualized education program that is already contained under another component of such individualized education program.

Legislative History

Acts 1973, No. 102, § 19; 1983, No. 762, § 1; A.S.A. 1947, § 80-2133; Acts 1993, No. 294, § 14; 1999, No. 391, § 31; 2005, No. 2151, § 30; 2009, No. 376, § 50.