Current through Register Vol. 28, No. 3, September 1, 2024
7.1 General: Each child who is determined eligible for special education and related services shall have a single IEP. As used in these regulations, 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 Sections 7.0 through 11.0, and that shall include:
7.1.1 A statement of the child's present levels of academic achievement and functional performance, including:
7.1.1.1 How the child's disability affects the child's involvement and progress in the general education curriculum (i.e., the same curriculum as for non-disabled children); or
7.1.1.2 For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;
7.1.2 A statement of measurable annual goals, including academic and functional goals designed to:
7.1.2.1 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 meet each of the child's other educational needs that result from the child's disability;
7.1.2.2 For children with disabilities who participate in the Alternate Assessment based on Alternate Achievement Standards (AA-AAS), a description of benchmarks or short-term objectives.
7.1.3 A description of how the child's progress toward meeting the annual goals described in subsection 7.1.2 will be measured; and 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;
7.1.4 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 to enable the child:
7.1.4.1 To advance appropriately toward attaining the annual goals;
7.1.4.2 To be involved in and make progress in the general education curriculum in accordance with subsection 7.1.1, and to participate in extracurricular and other nonacademic activities; and
7.1.4.3 To be educated and participate with other children with disabilities and non-disabled children in the activities described in this section;
7.1.5 An explanation of the extent, if any, to which the child will not participate with non-disabled children in the regular class and in the activities described in subsection 7.1.4;
7.1.6 A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district wide assessments consistent with section 612(a)(16) of the Individuals with Disabilities Education Act; and if the IEP team determines that the child shall take an alternate assessment, instead of a particular regular State or district wide assessment of student achievement, a statement of why the child cannot participate in the regular assessment; and the particular alternate assessment selected is appropriate for the child;
7.1.7 The projected date for the beginning of the services and modifications described in subsection 7.1.4, and the anticipated frequency, location, and duration of those services and modifications; and
7.1.8
A statement designating whether or not it is necessary to place the child who is transported from school by bus into the charge of a parent other authorized responsible person.
7.2 Transition services: Beginning with the earlier of the first IEP to be in effect when the child turns fourteen (14) or enters the eighth (8th) grade, or younger if determined appropriate by the IEP team, and updated annually thereafter, the IEP shall include:
7.2.1 Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and
7.2.2 The transition services
and activities (including courses of study) needed to assist the child in reaching those goals.
7.2.2.1 The IEP team shall discuss employment options with children and parents consistent with Delaware's Employment First Policy articulated by 19 Del.C. §
743.
7.2.2.2 Progress made on activities and services that reasonably enable the child to reach the child's postsecondary goals in transition IEPs shall be reported with the same frequency as academic goals.
7.2.3 The child's strengths, interests, and postsecondary preferences, and plans to make application to high school and career technical educational programs.
7.3 Transfer of rights at age of majority: Beginning not later than one (1) year before the child reaches the age of 18, the IEP shall include a statement that the child has been informed that the child's rights under 14 Del.C. §
3132 will transfer to the child, or an educational representative or educational surrogate parent on reaching the age of 18 under 14 DE Admin. Code 926.20.0.
(Authority: 20 U.S.C. 1415(m); 14 Del.C. §
3132)
7.4
IEP Forms: Each public agency shall use the IEP forms as developed and required by the DOE. The requirement that public agencies use the DOE's IEP forms does not prohibit or prevent an IEP team from including on an IEP any information, service or other notation the team determines necessary to provide FAPE to a child with a disability. This section shall not be construed to require an IEP team to include information under one (1) component of a child's IEP that is already contained under another component of the child's IEP.
7.5 Extended school year services: A student's need for extended school year services shall be determined in accordance with 14 DE Admin. Code 923.6.0.
(Authority: 20 U.S.C. 1414(d)(1)(A) and (d)(6); 14 Del.C. §
3110)
7.6 Twelve-month program eligibility: The DOE shall include a parental notice and acknowledgment section in IEP forms described in subsection 7.4 which both identifies students eligible for a 12-month program pursuant to Title 14 Del.C. §
1703 and documents the parental option to accept a 12-month program. [Authority: Title 14 Del.C. §§
1703 (e), 1703(f)]
