92 Neb. Admin. Code, ch. 51, § 007 - Individualized Education Program (lEP)
007.01 An lEP shall
be developed, reviewed, revised, and implemented for each child who receives
special education and related services. In order to fulfill the requirements of
92 NAC 51-007.01 for infants and toddlers, school districts or approved
cooperatives shall meet the requirements of 92 NAC 52. FAPE is provided to
infants and toddlers with a disability in accordance with an IFSP rather than
an lEP. The requirements for contents of the IFSP apply rather than the
requirements for the contents of an lEP. All other substantive rights and
protections established under special education laws apply to infants and
toddlers with disabilities receiving FAPE in accordance with an IFSP.
007.02 School districts or approved
cooperatives must provide special education and related services to a child
with a disability in accordance with the child's lEP.
007.02A At the beginning of each school year,
each school district or approved cooperative shall have an lEP in effect for
each child with a verified disability within its jurisdiction.
007.02A1 From the end of the school year in
which a child reaches age 3, until the child's sixth birthday, the lEP team
must consider an IFSP that contains the IFSP content (including the natural
environments statement) described in 92 NAC 52 (including an educational
component that promotes school readiness and incorporates preliteracy,
language, and numeracy skills for children with an IFSP who are at least three
years of age), and that is developed in accordance with the lEP procedures. The
IFSP may serve as the lEP of the child, if using the IFSP as the lEP is agreed
to by the school district or approved cooperative and the child's
parents.
007.02B Each
school district or approved cooperative shall ensure that an lEP is in effect
before special education and related services are provided to a child with a
verified disability under this Chapter.
007.02C The child's lEP is accessible to each
regular education teacher, special education teacher, related service provider,
and other service provider who is responsible for its implementation;
and
007.02D Each teacher and
provider described in 92 NAC 51-007.02C must be informed of his or her specific
responsibilities related to implementing the child's lEP; and the specific
accommodations, modifications, and supports that must be provided for the child
in accordance with the lEP.
007.03 lEP Team Participants
007.03A The school district or approved
cooperative shall ensure and document that each lEP team includes the
following:
007.03A1 The parents of a child
with a disability or documentation of 92 NAC 51-007.06D;
007.03A2 Not less than one regular education
teacher of the child (if the child is, or may be, participating in the regular
education environment);
007.03A2a The regular
education teacher of the child, as a member of the lEP team, shall, to the
extent appropriate, participate in the development, review and revision of the
lEP of the child, including assisting in the determination of appropriate
positive behavioral interventions and supports, and other strategies, and the
determination of supplementary aids and services, program modifications, and
support for school personnel consistent with 92 NAC 51-007.07A5.
007.03A3 Not less than one special
education teacher, or where appropriate, not less than one special education
provider of the child;
007.03A4 A
representative of the school district or approved cooperative who:
007.03A4a Is qualified to provide, or
supervise the provision of, specially designed instruction to meet the unique
needs of children with disabilities;
007.03A4b Is knowledgeable about the general
education curriculum; and
007.03A4c
Is knowledgeable about the availability of resources of the school district or
approved cooperative;
007.03A4c(1) A school
district or approved cooperative may designate another member of the lEP team
to also serve as the school district or approved cooperative representative, if
the criteria in 92 NAC 51-007.03A4 are satisfied.
007.03A5 An individual
who can interpret the instructional implications of evaluation results, who may
be a member of the team described in 92 NAC 51-007.03A2 through
007.03A6;
007.03A6 At the
discretion of the parent or the school district or approved cooperative, other
individuals who have knowledge or special expertise regarding the child,
including related services personnel as appropriate;
007.03A6a The determination of the knowledge
or special expertise of any individual described in 92 NAC 51-007.03A6 shall be
made by the party (parents or school district or approved cooperative) who
invited the individual to be a member of the lEP.
007.03A7 Whenever appropriate, the child with
a disability;
007.03A8 For a child
attending a nonpublic school, a representative of the nonpublic school the
child attends. If the representative cannot attend, other methods shall be used
to ensure participation by the nonpublic school, including individual or
conference telephone calls;
007.03A9 For children receiving services from
an approved service agency, a representative of the service agency. If the
representative is not in attendance, other methods shall be used to ensure
participation by the approved service agency, including written communication,
or individual or conference telephone calls;
007.03A10 If the purpose of the meeting is to
consider postsecondary goals for the child and the transition services needed
to assist the child in reaching those goals:
007.03A10a The school district or approved
cooperative must invite the child;
007.03A10a(1) If the child does not attend
the lEP meeting, the school district or approved cooperative shall take other
steps to ensure that the child's preferences and interests are considered.
007.03A10b To the extent
appropriate, with the consent of the parents or a child who has reached the age
of majority, the school district or approved cooperative must invite a
representative of any participating agency that is likely to be responsible for
providing or paying for the transition services.
007.03A11 For a child verified in the
category of hearing impairment, an educator endorsed to teach a child with
hearing impairments.
007.03A12 For
a child verified in the category of visual impairment, an educator endorsed to
teach a child with visual impairments.
007.04 lEP Team Attendance
007.04A A member of the lEP team described in
92 NAC 51-007.03A2 through 007.03A5 shall not be required to attend an lEP
meeting, in whole or in part, if the parent of a child with a disability and
the school district or approved cooperative agree, in writing, that the
attendance of such member is not necessary because the member's area of the
curriculum or related services is not being modified or discussed in the
meeting.
007.04B A member of the
lEP team in 92 NAC 51-007.04A may be excused from attending an lEP meeting, in
whole or in part, when the meeting involves a modification to or discussion of
the member's area of the curriculum or related services, if:
007.04B1 The parent, in writing, and the
school district or approved cooperative consent to the excusal; and
007.04B2 The member submits, in writing, to
the parent and the lEP team, input into the development of the lEP prior to the
meeting.
007.05
In the case of a child who was previously served as an infant or toddler under
Part C of the Individuals with Disabilities Education Act, an invitation to the
initial lEP meeting shall, at the request of the parent, be sent to the Part C
services coordinator or other representatives of the Part C system to assist
with the smooth transition of services.
007.06 Parent Participation
007.06A The school district or approved
cooperative shall take steps to ensure that one or both of the parents of the
child with a disability are present at the lEP conference or are afforded the
opportunity to participate, including:
007.06A1 Notifying parents of the lEP
conference early enough to ensure that they will have an opportunity to attend;
and
007.06A2 Scheduling the meeting
at a mutually agreed on time and place.
007.06B The notification under 92 NAC
51-007.06A1 must indicate the purpose, time and location of the meeting and who
will be in attendance and inform the parents of the provisions of 92 NAC
51-007.03A6, 007.03A6a and 007.05.
007.06B1
For a child with a disability beginning not later than the first lEP to be in
effect when the child turns 16, or younger if determined appropriate by the lEP
team, the notice also must:
007.06B1a Indicate
that a purpose of the meeting will be the consideration of the postsecondary
goals and transition services for the child in accordance with 92 NAC
51-007.07A9; and
007.06B1b Indicate
that the school district or approved cooperative will invite the child to the
meeting; and
007.06B1c Identify any
other agency that will be invited to send a representative.
007.06C If neither parent can
attend the lEP meeting, the school district or approved cooperative shall use
other methods to ensure parent participation, including individual or
conference telephone calls consistent with 92 NAC 51-007.09H (related to
alternate means of meeting participation).
007.06D A meeting may be conducted without a
parent in attendance if the school district or approved cooperative is unable
to convince the parents they should attend. In this case, the school district
must keep a record of its attempts to arrange a mutually agreed on time and
place such as:
007.06D1 Detailed records of
telephone calls made or attempted and the results of the calls;
007.06D2 Copies of correspondence sent to the
parents and any responses received; and
007.06D3 Detailed records of visits made to
the parent's home or place of employment and the results of those
visits.
007.06E The
school district or approved cooperative shall take whatever action is necessary
to ensure that the parent understands the proceedings of an lEP conference,
including arranging for an interpreter for parents who are deaf or whose native
language is other than English.
007.07 lEP Development
007.07A The IEP shall include:
007.07A1 A statement of the child's present
levels of academic achievement and functional performance, including:
007.07A1a How the child's disability affects
the child's involvement in and progress in the general education curriculum
(i.e., the same curriculum as for nondisabled children); or
007.07A1b For preschool children, as
appropriate, how the disability affects the child's participation in
appropriate activities.
007.07A2 A statement of measurable annual
goals, including academic and functional goals, designed to;
007.07A2a 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; or for preschool children, as
appropriate, to participate in appropriate activities, and
007.07A2b Meet each of the child's other
educational needs that result from the child's disability;
007.07A3 For children with disabilities who
take alternate assessments aligned to alternate achievement standards, a
description of benchmarks or short-term objectives;
007.07A4 A description of how the child's
progress toward meeting the annual goals described in 92 NAC 51-007.07A2 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;
007.07A5 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:
007.07A5a To advance appropriately
toward attaining the annual goals;
007.07A5b To be involved in and progress in
the general education curriculum and to participate in extracurricular and
other nonacademic activities; and
007.07A5c To be educated and participate with
other children with disabilities and nondisabled children in the activities
described in 92 NAC 51-007.07A5;
007.07A6 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 92 NAC 51-007.07A5;
007.07A7 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; and if the lEP team determines that the child must take an
alternate assessment instead of a particular regular state or district-wide
assessment of student achievement, a statement of why;
007.07A7a The child cannot participate in the
regular assessment; and
007.07A7b
The particular alternate assessment selected is appropriate for the child;
and
007.07A8 The
projected date for the beginning of the services and modifications described in
92 NAC 51-007.07A5 and the anticipated frequency, location, and duration of
those services and modifications;
007.07A9 Beginning not later than the first
lEP to be in effect when the child turns 14, updated annually thereafter
007.07A9a Appropriate measurable
postsecondary goals based upon age appropriate transition assessments related
to training, education, employment, and, where appropriate, independent living
skills; and
007.07A9b The
transition services (including courses of study) needed to assist the child in
reaching those goals; and
007.07A9c
If a participating agency, other than the school district or approved
cooperative fails to provide the transition services described in the lEP, the
school district or approved cooperative shall reconvene the lEP team to
identify alternative strategies to meet the transition objectives for the child
set out in the lEP.
007.07A9c(i) Nothing in
this Chapter relieves any participating agency, including the State Division of
Vocational Rehabilitation, of the responsibility to provide or pay for any
transition service that the agency would otherwise provide to children with
disabilities who meet the eligibility of that agency.
007.07A10 Nothing in
this section shall be construed to require that additional information be
included in a child's lEP beyond what is explicitly required in 92 NAC
51-007.07A, or to require the lEP team to include information under one
component of a child's lEP that is already contained in another component of
such lEP.
007.07B In
developing, reviewing or revising each child's lEP:
007.07B1 The lEP team shall consider the
strengths of the child and the concerns of the parents for enhancing the
education of their child.
007.07B2
The lEP team shall consider the results of the initial evaluation or most
recent evaluation of the child, and the academic, developmental, and functional
needs of the child.
007.07B3 In the
case of a child whose behavior impedes his or her learning or that of others,
the lEP team shall consider the use of positive behavioral interventions, and
supports and other strategies to address that behavior.
007.07B4 In the case of a child with limited
English proficiency, the lEP team shall consider the language needs of the
child as those needs relate to the child's lEP.
007.07B5 In the case of a child who is blind
or visually impaired, the lEP team shall provide for instruction in Braille and
the use of Braille unless the lEP team determines, after an evaluation of the
child's reading and writing skills, needs, and appropriate reading and writing
media (including an evaluation of the child's future needs for instruction in
Braille or the use of Braille), that instruction in Braille or the use of
Braille is not appropriate for the child.
007.07B6 The lEP team shall consider the
communication needs of the child, and in the case of a child who is deaf or
hard of hearing, shall consider the child's language and communication needs,
opportunities for direct communications with peers and professional personnel
in the child's language and communication mode, academic level, and full range
of needs, including opportunities for direct instruction in the child's
language and communication mode.
007.07B7 The lEP team shall consider whether
the child needs assistive technology devices and services.
007.07C Services
007.07C1 Routine checking of hearing aids and
external components of surgically implanted medical devices.
007.07C1a Each school district and approved
cooperative must ensure that hearing aids worn in school by children with
hearing impairments, including deafness, are functioning properly.
007.07C1b Subject to 92 NAC 51-007.07C1b(1)
each school district and approved cooperative must ensure that the external
components of surgically implanted medical devices are functioning properly.
007.07C1b(1) For a child with a surgically
implanted medical device who is receiving special education and related
services under this Chapter, a school district and approved cooperative is not
responsible for the post-surgical maintenance, programming, or replacement of
the medical device that has been surgically implanted (or of an external
component of the surgically implanted medical device).
007.07C2 Physical education
services, specially designed if necessary, must be made available to every
child with a verified disability receiving a free, appropriate public
education, unless the school district or approved cooperative enrolls children
without disabilities and does not provide physical education to children
without disabilities in the same grades.
00
7.07C2a Each child with a verified disability must be afforded the
opportunity to participate in the regular physical education program available
to nondisabled children unless:
007.07C2a(1)
The child is enrolled full time in a separate facility; or
007.07C2a(2) The child needs specially
designed physical education as prescribed in the child's individualized
education program.
007.07C2b If specially designed physical
education is prescribed in a child's individualized education program, the
school district or approved cooperative responsible for the education of that
child shall provide the services directly or make arrangements for it to be
provided through other public or nonpublic programs.
007.07C2c The school district or approved
cooperative responsible for the education of a child with a verified disability
who is enrolled in a separate facility shall ensure that the child receives
appropriate physical education services.
007.07C3 Each school district or approved
cooperative shall ensure assistive technology devices or assistive technology
services, or both, as defined in 92 NAC 51-003.02 and 003.03 are made available
to any child with a disability if required, as part of the child's:
007.07C3a Special education under 92 NAC
51-003.56;
007.07C3b Related
services under 92 NAC 51-003.49; or
007.07C3c Supplementary aids and services
under 92 NAC 51-003.59 and 008.01A.
007.07C3d On a case by case basis, the use of
school-purchased assistive technology devices in a child's home or in other
settings is required if the child's lEP team determines that the child needs
access to those devices in order to receive a free appropriate public
education.
007.07C4 The
school district or approved cooperative shall take steps including the
provision of supplementary aids and services determined appropriate and
necessary by the child's lEP team to provide nonacademic and extracurricular
services and activities in the manner necessary to afford each school age child
with a verified disability an equal opportunity for participation in those
services and activities.
007.07C4a Nonacademic
and extra-curricular services and activities may include counseling services,
athletics, transportation, health services, recreational activities, special
interest groups or clubs sponsored by the school district or approved
cooperative, referrals to agencies that provide assistance to individuals with
disabilities, and employment of students, including both employment by the
school district or approved cooperative and assistance in making outside
employment available.
007.07C5 Extended School Year Services (ESYS)
007.07C5a Each school district or approved
cooperative shall ensure that extended school year services are available as
necessary to provide a free appropriate public education consistent with 92 NAC
51-007.07C5b.
007.07C5b Extended
School Year (ESY) services must be provided only if a child's lEP team
determines, on an individual basis, in accordance with Section 007, that the
services are necessary for the provision of a free appropriate public
education.
007.07C5c In
implementing the requirements of this section, a school district or approved
cooperative may not limit extended school year services to particular
categories of disability or unilaterally limit the type, amount, or duration of
those services.
007.07C6
The need for related services of an instructional nature shall be documented on
the lEP present level of performance, goals, and objectives, and shall be based
on documented diagnostic evidence. Determination of the need for a related
service for a child with a verified disability does not require the additional
verification of a secondary disability.
007.08 Programs for Children who Transfer
School Districts or Approved Cooperatives
007.08A Transfer within the same state - If a
child with a disability (who had an lEP that was in effect in a previous school
district or approved cooperative in Nebraska) transfers to a new school
district or approved cooperative in Nebraska, and enrolls in a new school
within the same school year, the new school district or approved cooperative
(in consultation with the parents) must provide FAPE to the child (including
services comparable to those described in the child's lEP from the previous
school district or approved cooperative), until the new school district or
approved cooperative either:
007.08A1 Adopts
the child's lEP from the previous school district or approved cooperative;
or
007.08A2 Develops, adopts, and
implements a new lEP that meets the applicable requirements of 92 NAC
51-007.
007.08B Transfer
from outside the state - If a child with a disability (who had an lEP that was
in effect in a previous public agency in another State) transfers to a school
district or approved cooperative in Nebraska, and enrolls in a new school
within the same school year, the new school district or approved cooperative
(in consultation with the parents) must provide the child with FAPE (including
services comparable to those described in the child's lEP from the previous
school district or approved cooperative), until the new school district or
approved cooperative:
007.08B1 Conducts an
evaluation pursuant to Section 006 of this Chapter (determined to be necessary
by the new school district or approved cooperative); and
007.08B2 Develops, adopts, and implements a
new lEP, if appropriate that meets the requirements of 92 NAC 51-007.
007.08C Transmittal of records
007.08C1 To facilitate the transition for a
child who transfers schools the new school in which the child enrolls shall
take reasonable steps to promptly obtain the child's records, including the lEP
and supporting documents and any other records relating to the provision of
special education or related services to the child, from the previous school in
which the child was enrolled, pursuant to Section 99.31(a)(2) of Title 34, Code
of Federal Regulations.
007.08C2
The previous school in which the child was enrolled shall take reasonable steps
to promptly respond to such request from the new school.
007.08C3 Neb. Rev. Stat. §
79-2,105 requires that a copy of a
public or private school's files or records concerning a student shall be
provided at no charge, upon request, to any public or private school to which
the student transfers.
007.09 lEP Meeting
007.09A A meeting to develop an lEP for a
child must be held within thirty (30) calendar days of a determination that the
child needs special education and related services.
007.09B After the initial lEP meeting, lEPs
must be in effect at the beginning of each school year.
007.09C The lEP team shall review the child's
lEP periodically, but not less frequently than annually, to determine whether
the annual goals for the child are being achieved.
007.09D The school district or approved
cooperative shall provide a copy of the lEP to parents at no cost.
007.09E In making changes to a child's lEP
after the annual lEP meeting for a school year, the parent of a child with a
disability and the school district or approved cooperative may agree not to
convene an lEP meeting for the purposes of making those changes, and instead
may develop a written document to amend or modify the child's current lEP.
007.09E1 If changes are made to the child's
lEP in accordance with 92 NAC 51-007.09E, the school district or approved
cooperative must ensure that the child's lEP team is informed of those
changes.
007.09F Changes
to the lEP may be made either by the entire lEP team at an lEP team meeting, or
as provided in 92 NAC 51-007.09E of this section, by amending the lEP rather
than by redrafting the entire lEP. Upon request, a parent must be provided with
a revised copy of the lEP with the amendments incorporated.
007.09G To the extent possible, the school
district or approved cooperative shall encourage the consolidation of
reevaluation meetings for the child and other lEP team meetings for the
child.
007.09H When conducting lEP
team meetings and placement meetings and carrying out administrative matters
(such as scheduling, exchange of witness lists, and status conferences), the
parent of a child with a disability and a school district or approved
cooperative may agree to use alternative means of meeting participation, such
as video conferences and conference calls.
007.10 The lEP team shall revise the lEP as
appropriate to address:
007.10A Any lack of
expected progress toward the annual goals described in 92 NAC 51-007.07 and in
the general education curriculum, if appropriate;
007.10B The results of any reevaluation
conducted under 92 NAC 51-006.05A;
007.10C The information about the child
provided to, or by, the parents, as described in 92 NAC 51-006.06A1;
007.10D The child's anticipated needs;
or
007.10E Other
matters.
007.11 Children
with Disabilities in Adult Prisons
007.11A The
following requirements do not apply to children with disabilities who are
convicted as adults under State law and incarcerated in adult prisons:
007.11A1 The requirements of 92 NAC
51-007.07A7 (relating to participation of children with disabilities in general
assessments); and
007.11A2 The
requirements of 92 NAC 51-007.07A9 (relating to transition and planning and
transition services) do not apply with respect to such children who will reach
age 21 before they will be eligible to be released from prison, based on
consideration of their sentence and eligibility of early release.
007.11B Subject to 92 NAC
51-007.11 B1, the lEP team of a child with a disability who is convicted as an
adult under State law and incarcerated in an adult prison may modify the
child's lEP or placement if the State has demonstrated a bona fide security or
compelling penological interest that cannot otherwise be accommodated.
007.11B1 The requirements of 92 NAC 51-003.31
and 007.07 (relating to lEPs), and 92 NAC 51- 008.01A (relating to LRE), do not
apply with respect to the modifications described in 92 NAC
51-007.11B.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.