In order to assure that the IEP team addresses all of the special education and related service needs of the child there are several special factors that the IEP team must consider in the development of the IEP.
In the case of a child whose behavior impedes the child’s learning or that of others, the IEP team must consider the use of positive behavioral interventions and supports, and other strategies, to address the behavior. The focus of behavioral interventions and supports in the IEP is prevention of the behavior, not just provision for consequences subsequent to the behavior. This means that the team will need to attempt to identify the function of the behavior, usually through a functional behavioral assessment, and develop strategies to prevent the behavior from occurring again in the future.
The positive behavioral interventions and supports could be implemented through the IEP annual goals, program modifications, or a behavioral intervention plan (BIP). If a BIP is developed by the IEP team, it becomes part of the IEP and any changes to it would require a meeting of the IEP team to consider the proposed changes to the plan. Special education laws and regulations place a strong emphasis on supports and interventions, including positive behavior interventions and supports that are scientifically research-based. Scientifically based research means that the interventions or supports must be accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. (Federal Register, August 14, 2006, p. 46683) These strategies are designed to foster increased participation of children with disabilities in general education environments or other less restrictive environments, rather than serving as a basis for placing children with disabilities in more restrictive settings. No child should be denied access to special education services and the opportunity to progress in the general education curriculum.
The IEP team must consider the language needs of the child who has limited English proficiency as those needs relate to the IEP including the impact of how service providers communicate with the student and progress is measured. Collaboration with the ML service provider and/or ML representative is critical for IEP teams when describing the student’s language needs.
For a child who is blind or visually impaired, the IEP team must consider instruction in Braille. The use of Braille should be provided unless the IEP 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. If Braille is to be taught as a method of accessing printed material, it is to be indicated in the IEP.
The communication needs of all students with disabilities must be considered on each IEP. It is required that the IEP team considers the communication needs of each child, regardless of disability. This consideration must include the unique communication needs of all children in order to help them achieve their educational goals.
For a child who is deaf or hard of hearing, it is important that the LEA recognize that this consideration is not an administrative decision for only one particular type of sign language interpreting to be available, nor is it a parental decision based on parental choice. Instead, it is an IEP team decision based on the unique communication needs of each child. The LEA must provide the communication services that each child requires.
The IEP team must determine whether an individual child needs an assistive technology (AT) device or service, and if so, the nature and extent to be provided. It is possible that an assistive technology evaluation will be required to determine if the child would need an assistive technology service and/or assistive technology device. Any needs identified should be reflected in the content of the IEP, including, as appropriate, the instructional program and services provided to the child.
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IEP Process Consideration of Special Factors