Developing
High Quality
IEPs
Ensuring each
student has access
to their least
restrictive
environment
Division of Students with Disabilities and
English Language Learners
May 2012
The Individualized Education
Program (IEP) drives
instruction for every child who
receives special education
services.
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The IEP is a Legal Document
Federal law: IDEA - Section 614(d)(1)(A)(i)
In the United States an Individualized Education Program (IEP), is
mandated by the Individuals with Disabilities Education Act (IDEA).
NYS regulations: Section 200.4(d)(2)
“If a student has been determined to be eligible for special education
services, the Committee shall develop an IEP”
The IEP is intended to help children reach their educational goals 34
CFR 300.320. In all cases the IEP must be tailored to the individual
student's needs as identified by the IEP evaluation process, and
must help teachers and related service providers understand the
student's disability and how the disability affects the learning
process.
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Guiding Principles for IEP Development
Provides special
education as a
service, not a
place
Aligns with the
Common Core
Standards
Plans for post
secondary
outcomes
(for students 15+)
Includes Positive
Behavior Supports
Tool to Guide
Instruction and
Measure Progress
Family
participation
Based on
individual
strengths &
needs
High
Quality
IEP
Provides access
to the least
restrictive
environment
appropriate for
each subject
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The Development of an IEP Involves a Team
Team Members
Special Education Teacher
General Education Teacher
Parent
Student (15 and older)
District Representative
School Psychologist (Initials,
Reevaluations, Triennials)
Social Worker
Parent Member
Related Service Providers
IDEA 2004 300.321
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Sections of the IEP
11) Placement
10) Special Transportation
9) Participation in State Assessments, and
with Students without Disabilities
8) Coordinated Set of Transition Activities
7) Testing Accommodations
6) 12 month Services (if needed)
5) Programs and Services – Modifications & Supports
4) Reporting progress to parents
3) Annual Goals, Objectives / Benchmarks (if needed)
2) Measurable Post Secondary Goals and Transition Needs
1) Present Level Of Performance and Individual Needs
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Developing High Quality IEPs Which Provide
Access to the Least Restrictive Environment
(LRE)
• Making program recommendations consistent with
the contents of all of the other sections of the student’s
IEP
• Justification/Rationale for Removing Students from
General Education Setting
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Least Restrictive Environment (LRE)
FEDERAL LAW, as cited in IDEA §300.114
(i) To the maximum extent appropriate, children with disabilities are educated with children who are
nondisabled; and
(ii) Special classes, separate schooling, or other removal of children with disabilities from the regular
educational environment occurs only if the nature or severity of the disability is such that education in
regular classes with the use of supplementary aids and services cannot be achieved
satisfactorily. [§300.114(a]
§300.116 Placements – A child with a disability is not removed from education in age-appropriate
regular classrooms solely because of needed modifications in the general education curriculum
NY STATE
The school must first consider placement in general education with appropriate support for the student
and the student's teacher(s).
Alternative placements, such as special classes, special schools or other removal from the general education
environment, would be considered only when the school determines that a student's education in
regular classes cannot be satisfactorily achieved even with the use of supplementary aids and services.
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New York State LRE Data
IDEA Part B
Comparison of State Level LRE Data
(DAC- IDEA Data, 2008)
State
Percent of students, ages 6
through 21, receiving special
education services outside the
regular class setting more than
60 percent of the school day.
% Students in MRE Settings
Vermont
0
Puerto Rico
5.84
North Dakota
8.33
Alabama
9.41
South Dakota
10.5
West Virginia
10.5
Oklahoma
11.36
11.37
Nebraska
Wyoming
11.44
Idaho
11.76
Kansas
This definition includes
students with disabilities in
public schools, separate
alternative schools, residential
facilities. parentally placed in
private schools, correctional
facilities, and home or hospital
environments.
12.02
Iowa
12.66
Kentucky
12.88
Texas
13.66
Oregon
13.7
Montana
13.79
Colorado
13.81
Connecticut
14.1
Wisconsin
14.33
Minnesota
14.55
Nevada
15
Pennsylvania
15.39
Mississippi
15.47
Tennessee
15.6
Alaska
15.63
Missouri
15.68
Washington
15.73
Maine
16.25
Arkansas
16.8
North Carolina
18.04
Arizona
18.26
Indiana
18.93
Georgia
19.04
Louisiana
19.11
Utah
19.21
Ohio
19.63
Virginia
20.91
Michigan
21.3
New Mexico
21.53
Rhode Island
Florida
Massachusetts
South Carolina
Delaware
Maryland
Illinois
California
Hawaii
New Jersey
New Hampshire
New York
District of Columbia
State Performance Plan
Indicator 5: Least Restrictive
Environment – School Age
21.97
48. Hawaii
28.93
49. New Jersey
29.19
50. New Hampshire
30.26
51. New York
32.46
52. District of Columbia
51.96
22.06
22.62
22.84
23.3
23.99
25.5
27.78
28.93
29.19
30.26
32.46
51.96
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LRE Checklist
> Use to inform decision-making in IEP meetings
Front: Checklist
Back: Quick reference
to federal, state, and
city laws and policy
http://intranet.nycboe.net/NR/rdonlyres/E1700769-4971-4A5F-8DC8669F9A9C80BD/0/LREChecklistFINAL_POST.pdf
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Educational Benefit Alignment
Developing the IEP: Does it all connect?
Need “A”
Need “B”
Need “C”
Need “D”
Part time
ICT for
ELA to
meet
needs B,
C, D
Support
to
minimize
the
impact of
need “A”
Restrictive
program
which is
inconsistent
with
identified
strengths
and needs
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Resources
Special Education Toolkit- IEP section
Model Forms: Student Information Summary and Individualized Education
Program (IEP)
Developing IEPs linked to the Standards
Justification/Rationale for Removing Students from General Education Setting
Test Access and Accommodations for Students with Disabilities: Policy and Tools
to Guide Decision-making and Implementation
Policy memorandum — Special transportation
If you have any additional questions, please email:
SpecialEducationReform@schools.nyc.gov
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