§ 300.320 Definition of individualized education program.

Plain English summary

This section defines the Individualized Education Program (IEP) and specifies all required components that must be included in the written statement for each child with a disability. It establishes mandatory content covering present levels of performance, measurable annual goals, progress measurement, services, participation with nondisabled peers, assessment accommodations, service timelines, transition planning, and transfer of rights at age of majority. The section also includes a construction clause clarifying that no additional information beyond what is explicitly required by statute need be included.

Key requirements

• The IEP must be a written statement developed, reviewed, and revised in a meeting in accordance with §§ 300.320 through 300.324
• Must include a statement of the child's present levels of academic achievement and functional performance, including how the child's disability affects involvement and progress in the general education curriculum
• Must include a statement of measurable annual goals, including academic and functional goals designed to enable involvement and progress in the general education curriculum and meet other educational needs
• For children who take alternate assessments aligned to alternate academic achievement standards, must include a description of benchmarks or short-term objectives
• Must include a description of how the child's progress toward annual goals will be measured and when periodic reports will be provided
• Must include a statement of special education and related services, supplementary aids and services based on peer-reviewed research to the extent practicable, and program modifications or supports for school personnel
• Must include an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class
• Must include a statement of any individual appropriate accommodations necessary to measure academic achievement and functional performance on State and districtwide assessments consistent with section 612(a)(16) of the Act
• If the IEP Team determines the child must take an alternate assessment, must include a statement of why the child cannot participate in the regular assessment and why the alternate assessment selected is appropriate
• Must include the projected date for beginning of services and modifications and the anticipated frequency, location, and duration of those services
• Beginning not later than the first IEP in effect when the child turns 16, must include appropriate measurable postsecondary goals based on age-appropriate transition assessments and the transition services needed
• Beginning not later than one year before the child reaches the age of majority, the IEP must include a statement that the child has been informed of rights under Part B that will transfer to the child under § 300.520
• Nothing in this section requires additional information beyond what is explicitly required in section 614 of the Act, or duplication of information across IEP components

Affected parties

• children with disabilities
• parents of children with disabilities
• IEP Teams
• local educational agencies (LEAs)
• state educational agencies (SEAs)
• special education teachers
• general education teachers
• related services providers

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.320