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U.S. Department of Education: Promoting Educational Excellence for all Americans

Individualized Education Programs

Section 300.320 (Definition of IEP) has been revised in paragraph (a)(5) to replace "regular education environment" with "regular class," in order to be consistent with the language in the Act.

Section 300.321(e), regarding attendance at IEP Team meetings, has been revised to clarify that the excusal of IEP Team members from attending an IEP Team meeting under certain circumstances, refers to the IEP Team members in Sec. 300.320(a)(2) through (a)(5).

Section 300.322, regarding parent participation, has been revised to: (1) include, in Sec. 300.322(d), examples of the records a public agency must keep of its attempts to involve the parents in IEP meetings; (2) add a new Sec. 300.322(e), which requires the public agency to take whatever action is necessary to ensure that the parent understands the proceedings of the IEP meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English; and (3) redesignate paragraph (e) as paragraph (f) accordingly.

Section 300.323(d) has been revised to require public agencies to ensure that each regular teacher, special education teacher, related services provider, and any other service provider who is responsible for the implementation of a child's IEP, is informed of his or her specific responsibilities related to implementing the child's IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the child's IEP. These are the same requirements in current Sec. 300.342(b)(3)(i) and (b)(3)(ii).

Section 300.323(e), regarding IEPs for children who transfer public agencies, has been revised to: (1) divide the provision into three separate paragraphs (Sec. 300.323(e), (f), and (g)) for purposes of clarity and improved readability (e.g., transfers within the same State, transfers from another State, and transmittal of records); (2) adopt "school year" in lieu of "academic year" as the term commonly used by parents and public agencies; and (3) adopt other modifiers (e.g., "new" and "previous") to distinguish between States and public agencies that are involved in transfers by children with disabilities.

Section 300.324(a)(4), regarding changes to an IEP after the annual IEP meeting for a school year, has been restructured into two paragraphs, and a new paragraph (a)(4)(ii) has been added to require the public agency to ensure that, if changes are made to a child's IEP without an IEP meeting, that the child's IEP Team is informed of the changes.

Section 300.324(b), regarding the review and revision of IEPs, has been changed to include a new paragraph (b)(2), to clarify that, in conducting a review of a child's IEP, the IEP Team must consider the same special factors it considered when developing the child's IEP.