INDIVIDUALIZED EDUCATION PROGRAMS

 

S 1248

HR 1350

IDEA NOW

 

 

 

``(d) Individualized Education Programs._

``(1) Definitions._As used in this title:

``(A) Individualized education program._

``(i) In general._The term `individualized education program' or `IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes_

(d) INDIVIDUALIZED EDUCATION PROGRAMS-

`(1) DEFINITIONS- As used in this title:

`(A) INDIVIDUALIZED EDUCATION PROGRAM-

`(i) IN GENERAL- The term `individualized education program' or `IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes--

(d) INDIVIDUALIZED EDUCATION PROGRAMS-

(1) DEFINITIONS- As used in this title:

(A) INDIVIDUALIZED EDUCATION PROGRAM- The term 'individualized education program' or 'IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes --

``(I) a statement of the child's present levels of academic achievement and functional performance, including_

``(aa) how the child's disability affects the child's involvement and progress in the general curriculum; or

``(bb) for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;

`(I) a statement of the child's present levels of academic achievement, including--

`(aa) how the child's disability affects the child's involvement and progress in the general education curriculum;

`(bb) for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and

`(cc) until the beginning of the 2005-2006 school year, a description of benchmarks or short-term objectives, except in the case of children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives shall continue to be included;

(i) a statement of the child's present levels of educational performance, including --

(I) how the child's disability affects the child's involvement and progress in the general curriculum; or

(II) for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;

``(II) a statement of measurable annual goals, including academic and functional goals, designed to_

``(aa) 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 curriculum; and

``(bb) meet each of the child's other educational needs that result from the child's disability;

`(II) a statement of measurable annual goals designed to--

`(aa) 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

`(bb) meet the child's other educational needs that result from the child's disability;

(ii) a statement of measurable annual goals, including benchmarks or short-term objectives, related to --

(I) meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum; and

(II) meeting each of the child's other educational needs that result from the child's disability;

``(III) a statement of how the child's progress toward the annual goals described in subclause (II) will be measured, including through the use of quarterly or other periodic reports, concurrent with the issuance of report cards, that delineate the progress the child is making toward meeting the annual goals;

`(VIII) a statement of--

`(aa) how the child's progress toward the annual goals described in subclause (II) will be measured; and

`(bb) how the child's parents will be regularly informed (by such means as periodic report cards), at least as often as parents are informed of their nondisabled children's progress, of the sufficiency of their child's progress toward the annual goals described in subclause (II).

(viii) a statement of --

(I) how the child's progress toward the annual goals described in clause (ii) will be measured; and

(II) how the child's parents will be regularly informed (by such means as periodic report cards), at least as often as parents are informed of their nondisabled children's progress, of --

(aa) their child's progress toward the annual goals described in clause (ii); and

(bb) the extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year.

``(IV) a statement of the special education and related services, and supplementary aids and services, 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 for the child_

``(aa) to advance appropriately toward attaining the annual goals;

``(bb) to be involved in and make progress in the general curriculum in accordance with subclause (I) and to participate in extracurricular and other nonacademic activities; and

``(cc) to be educated and participate with other children with disabilities and nondisabled children in the activities described in this paragraph;

`(III) 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 for the child--

`(aa) to advance appropriately toward attaining the annual goals;

`(bb) to be involved in and make progress in the general education curriculum in accordance with subclause (I) and to participate in extracurricular and other nonacademic activities; and

`(cc) to be educated and participate with other children with disabilities and nondisabled children in the activities described in this paragraph;

 

 

(iii) a statement of the special education and related services and supplementary aids and services 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 for the child --

(I) to advance appropriately toward attaining the annual goals;

(II) to be involved and progress in the general curriculum in accordance with clause (i) and to participate in extracurricular and other nonacademic activities; and

(III) to be educated and participate with other children with disabilities and nondisabled children in the activities described in this paragraph;

``(V) 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 subclause (IV)(cc);

`(IV) 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 subclause (III)(cc);

(iv) 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 clause (iii);

``(VI)(aa) a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments consistent with section 612(a)(16)(A); and

``(bb) if the IEP Team determines that the child shall take an alternate assessment on a particular State or districtwide assessment of student achievement, a statement of why_

``(AA) the child cannot participate in the regular assessment; and

``(BB) the particular alternate assessment selected is appropriate for the child;

`(V)(aa) a statement of any individual appropriate accommodations in the administration of State or districtwide assessments of student achievement that are necessary to measure the academic achievement of the child consistent with section 612(a)(16)(A)(ii); and

`(bb) if the IEP Team determines that the child will not participate in a particular State or districtwide assessment of student achievement (or part of such an assessment), a statement of--

`(AA) why that assessment is not appropriate for the child; and

`(BB) how the child will be assessed consistent with 612(a)(16)(A);

(v) (I) a statement of any individual modifications in the administration of State or districtwide assessments of student achievement that are needed in order for the child to participate in such assessment; and

(II) if the IEP Team determines that the child will not participate in a particular State or districtwide assessment of student achievement (or part of such an assessment), a statement of --

(aa) why that assessment is not appropriate for the child; and

(bb) how the child will be assessed;

``(VII) the projected date for the beginning of the services and modifications described in subclause (IV), and the anticipated frequency, location, and duration of those services and modifications; and

`(VI) the projected date for the beginning of the services and modifications described in subclause (III), and the anticipated frequency, location, and duration of those services and modifications;

(vi) the projected date for the beginning of the services and modifications described in clause (iii), and the anticipated frequency, location, and duration of those services and modifications;

``(VIII) beginning not later than the first IEP to be in effect when the child is 14, and updated annually thereafter_

``(aa) appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills;

``(bb) the transition services (including courses of study) needed by the child to reach those goals, including services to be provided by other agencies when needed; and

``(cc) beginning at least 1 year before the child reaches the age of majority under State law, a statement that the child has been informed of the child's rights under this title, if any, that will transfer to the child on reaching the age of majority under section 615(m).

`(VII)(aa) beginning at age 14, and updated annually, a statement of the transition service needs of the child under the applicable components of the child's IEP that focuses on the child's courses of study (such as participation in advanced-placement courses or a vocational education program);

`(bb) beginning at age 16 (or younger, if determined appropriate by the IEP Team), a statement of needed transition services for the child, including, when appropriate, a statement of the interagency responsibilities or any needed linkages; and

`(cc) beginning at least 1 year before the child reaches the age of majority under State law, a statement that the child has been informed of his or her rights under this title, if any, that will transfer to the child on reaching the age of majority under section 615(l); and

(vii) (I) beginning at age 14, and updated annually, a statement of the transition service needs of the child under the applicable components of the child's IEP that focuses on the child's courses of study (such as participation in advanced-placement courses or a vocational education program);

(II) beginning at age 16 (or younger, if determined appropriate by the IEP Team), a statement of needed transition services for the child, including, when appropriate, a statement of the interagency responsibilities or any needed linkages; and

(III) beginning at least one year before the child reaches the age of majority under State law, a statement that the child has been informed of his or her rights under this title, if any, that will transfer to the child on reaching the age of majority under section 615(m); and

 

 

 

``(ii) Rule of construction._Nothing in this section shall be construed to require_

``(I) that additional information be included in a child's IEP beyond what is explicitly required in this section; and

``(II) the IEP Team to include information under 1 component of a child's IEP that is already contained under another component of such IEP.

`(ii) RULE OF CONSTRUCTION- Nothing in this subparagraph shall be construed to require--

`(I) that additional information be included in a child's IEP beyond what is required in this subsection; and

`(II) the IEP Team to include information under one component of a child's IEP that is already contained under another component of such IEP.

 (e) CONSTRUCTION- Nothing in this section shall be construed to require the IEP Team to include information under one component of a child's IEP that is already contained under another component of such IEP.

``(B) Individualized education program team._The term `individualized education program team' or `IEP Team' means a group of individuals composed of_

``(i) the parents of a child with a disability;

 

 

`(B) INDIVIDUALIZED EDUCATION PROGRAM TEAM- The term `individualized education program team' or `IEP Team' means a group of individuals composed of--

`(i) the parents of a child with a disability;

(B) INDIVIDUALIZED EDUCATION PROGRAM TEAM- The term 'individualized education program team' or 'IEP Team' means a group of individuals composed of --

(i) the parents of a child with a disability;

 

``(ii) at least 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment);

`(ii) a regular education teacher of such child, but such teacher shall not be required to attend a meeting or part of a meeting of the IEP Team involving issues not related to the child's participation in the regular education environment, nor shall multiple regular education teachers, if the child has more than one regular education teacher, be required to attend a meeting, or part of a meeting, of the IEP team;

(ii) at least one regular education teacher of such child (if the child is, or may be, participating in the regular education environment);

``(iii) at least 1 special education teacher, or where appropriate, at least 1 special education provider of such child;

``(iv) a representative of the local educational agency who_

``(I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

``(II) is knowledgeable about the general curriculum; and

``(III) is knowledgeable about the availability of resources of the local educational agency;

`(iii) at least 1 special education teacher, or where appropriate, at least 1 special education provider of such child;

`(iv) a representative of the local educational agency who--

`(I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

`(II) is knowledgeable about the general education curriculum; and

`(III) is knowledgeable about the availability of resources of the local educational agency;

(iii) at least one special education teacher, or where appropriate, at least one special education provider of such child;

(iv) a representative of the local educational agency who --

(I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(II) is knowledgeable about the general curriculum; and

(III) is knowledgeable about the availability of resources of the local educational agency;

``(v) an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (ii) through (vi);

``(vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

``(vii) whenever appropriate, the child with a disability.

`(v) an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (ii) through (vi);

`(vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

`(vii) whenever appropriate, the child with a disability.

(v) an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (ii) through (vi);

(vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

(vii) whenever appropriate, the child with a disability.

``(C) IEP team attendance._

``(i) Attendance not necessary._A member of the IEP Team shall not be required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the local educational agency agree that the attendance of such member is not necessary because no modification to the member's area of the curriculum or related services is being modified or discussed in the meeting.

``(ii) Excusal._A member of the IEP Team may be excused from attending an IEP 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_

``(I) the parent and the local educational agency consent to the excusal; and

``(II) the member submits input into the development of the IEP prior to the meeting.

 `(D) IEP TEAM ATTENDANCE- The parent of a child with a disability and the local educational agency may jointly excuse any member of the IEP Team from attending all or part of an IEP meeting if they agree that the member's attendance is not necessary. The IEP Team shall obtain the member's input prior to an IEP meeting from which the member is excused.

 

``(2) Requirement that program be in effect._

``(A) In general._At the beginning of each school year, each local educational agency, State educational agency, or other State agency, as the case may be, shall have in effect, for each child with a disability in its jurisdiction, an individualized education program, as defined in paragraph (1)(A).

``(B) Program for child aged 3 through 5._In the case of a child with a disability aged 3 through 5 (or, at the discretion of the State educational agency, a 2-year-old child with a disability who will turn age 3 during the school year), an individualized family service plan that contains the material described in section 636, and that is developed in accordance with this section, may serve as the IEP of the child if using that plan as the IEP is_

``(i) consistent with State policy; and

``(ii) agreed to by the agency and the child's parents.

`(2) REQUIREMENT THAT PROGRAM BE IN EFFECT-

`(A) IN GENERAL- At the beginning of each school year, each local educational agency, State educational agency, or other State agency, as the case may be, shall have in effect, for each child with a disability in its jurisdiction, an individualized education program, as defined in paragraph (1)(A).

`(B) PROGRAM FOR CHILD AGED 3 THROUGH 5- In the case of a child with a disability aged 3 through 5 (or, at the discretion of the State educational agency, a 2 year-old child with a disability who will turn age 3 during the school year), the IEP Team shall consider the individualized family service plan that contains the material described in section 636, and that is developed in accordance with this section, and the individualized family service plan may serve as the IEP of the child if using that plan as the IEP is--

`(i) consistent with State policy; and

`(ii) agreed to by the agency and the child's parents.

(2) REQUIREMENT THAT PROGRAM BE IN EFFECT-

(A) IN GENERAL- At the beginning of each school year, each local educational agency, State educational agency, or other State agency, as the case may be, shall have in effect, for each child with a disability in its jurisdiction, an individualized education program, as defined in paragraph (1)(A).

(B) PROGRAM FOR CHILD AGED 3 THROUGH 5- In the case of a child with a disability aged 3 through 5 (or, at the discretion of the State educational agency, a 2 year-old child with a disability who will turn age 3 during the school year), an individualized family service plan that contains the material described in section 636, and that is developed in accordance with this section, may serve as the IEP of the child if using that plan as the IEP is --

(i) consistent with State policy; and

(ii) agreed to by the agency and the child's parents.

``(3) Development of iep._

``(A) In general._In developing each child's IEP, the IEP Team, subject to subparagraph (C), shall consider_

``(i) the strengths of the child;

``(ii) the concerns of the parents for enhancing the education of their child;

``(iii) the results of the initial evaluation or most recent evaluation of the child; and

``(iv) the academic, developmental, and functional needs of the child.

`(3) DEVELOPMENT OF IEP-

`(A) IN GENERAL- In developing each child's IEP, the IEP Team, subject to subparagraph (C), shall consider--

`(i) the results of the initial evaluation or most recent evaluation of the child;

`(ii) the academic and developmental needs of the child;

`(iii) the strengths of the child; and

`(iv) the concerns of the parents for enhancing the education of their child.

(3) DEVELOPMENT OF IEP-

(A) IN GENERAL- In developing each child's IEP, the IEP Team, subject to subparagraph (C), shall consider --

(i) the strengths of the child and the concerns of the parents for enhancing the education of their child; and

(ii) the results of the initial evaluation or most recent evaluation of the child.

``(B) Consideration of special factors._The IEP Team shall_

``(i) in the case of a child whose behavior impedes the child's learning or that of others, provide for positive behavioral interventions and supports, and other strategies to address that behavior;

`(B) CONSIDERATION OF SPECIAL FACTORS- The IEP Team shall--

`(i) in the case of a child whose behavior impedes his or her learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;

(B) CONSIDERATION OF SPECIAL FACTORS- The IEP Team shall --

(i) in the case of a child whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior;

``(ii) in the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child's IEP;

`(ii) in the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child's IEP;

(ii) in the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child's IEP;

``(iii) in the case of a child who is blind or visually impaired_

``(I) provide for instruction in Braille and the use of Braille 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; and

``(II) consider, when appropriate, instructional services related to functional performance skills, orientation and mobility, and skills in the use of assistive technology devices, including low vision devices;

`(iii) in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille 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;

(iii) in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille 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;

``(iv) in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel, and access to the general curriculum and instruction at the child's academic level in the child's language and communication mode; and

``(v) consider whether the child requires assistive technology devices and services.

`(iv) consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, 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; and

`(v) consider whether the child needs assistive technology devices and services.

(iv) consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, 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; and

(v) consider whether the child requires assistive technology devices and services.

``(C) Requirement with respect to regular education teacher._A regular education teacher of the child, as a member of the IEP Team shall, to the extent appropriate, participate in the development of the IEP of the child, including 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 paragraph (1)(A)(i)(IV).

`(C) REQUIREMENT WITH RESPECT TO REGULAR EDUCATION TEACHER- The regular education teacher of the child, if a member of the IEP Team pursuant to paragraph (1)(B)(ii), shall, to the extent appropriate, participate in the development of the IEP of the child, including 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 paragraph (1)(A)(i)(III).

(C) REQUIREMENT WITH RESPECT TO REGULAR EDUCATION TEACHER- The regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the development of the IEP of the child, including the determination of appropriate positive behavioral interventions and strategies and the determination of supplementary aids and services, program modifications, and support for school personnel consistent with paragraph (1)(A)(iii).

``(D) Agreement._In making changes to a child's IEP after the annual IEP meeting for a school year, the parent of a child with a disability and the local educational agency may agree not to convene an IEP meeting for the remainder of the school year, and instead develop a written document to amend or modify the child's current IEP.

`(E) AGREEMENT ON MEETING- In making changes to a child's IEP after the annual IEP meeting, the parent of a child with a disability and the local educational agency may agree not to reconvene the IEP team and instead develop a written document to amend or modify the child's current IEP.

 

``(E) Consolidation of iep team meetings._To the extent possible, the local educational agency shall encourage the consolidation of reevaluations of a child with IEP Team meetings for the child.

`(F) CONSOLIDATION OF IEP TEAM MEETINGS- To the extent possible, the local educational agency shall encourage the consolidation of IEP Team meetings for a child.

 

 

`(G) AMENDMENTS- Changes to the IEP may be made either by the entire IEP Team or, as provided in subparagraph (E), by amending the IEP rather than by redrafting the entire IEP.

 

``(4) Review and revision of iep._

``(A) In general._The local educational agency shall ensure that, subject to subparagraph (B), the IEP Team_

``(i) reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and

`(4) REVIEW AND REVISION OF IEP-

`(A) IN GENERAL- The local educational agency shall ensure that, subject to subparagraph (B), the IEP Team--

`(i) reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and

(4) REVIEW AND REVISION OF IEP-

(A) IN GENERAL- The local educational agency shall ensure that, subject to subparagraph (B), the IEP Team --

(i) reviews the child's IEP periodically, but not less than annually to determine whether the annual goals for the child are being achieved; and

``(ii) revise the IEP as appropriate to address_

``(I) any lack of expected progress toward the annual goals and in the general curriculum, where appropriate;

``(II) the results of any reevaluation conducted under this section;

`(ii) revises the IEP as appropriate to address--

`(I) any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate;

`(II) the results of any reevaluation conducted under this section;

(ii) revises the IEP as appropriate to address --

(I) any lack of expected progress toward the annual goals and in the general curriculum, where appropriate;

(II) the results of any reevaluation conducted under this section;

``(III) information about the child provided to, or by, the parents, as described in subsection (c)(1)(B);

``(IV) the child's anticipated needs; or

``(V) other matters.

`(III) information about the child provided to, or by, the parents, as described in subsection (c)(1)(B);

`(IV) the child's anticipated needs; or

`(V) other matters.

(III) information about the child provided to, or by, the parents, as described in subsection (c)(1)(B);

(IV) the child's anticipated needs; or

(V) other matters.

``(B) Requirement with respect to regular education teacher._A regular education teacher of the child, as a member of the IEP Team, shall, consistent with paragraph (1)(C), participate in the review and revision of the IEP of the child.

`(B) REQUIREMENT WITH RESPECT TO REGULAR EDUCATION TEACHER- The regular education teacher of the child, if a member of the IEP Team, shall, consistent with this section, participate in the review and revision of the IEP of the child.

(B) REQUIREMENT WITH RESPECT TO REGULAR EDUCATION TEACHER- The regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the review and revision of the IEP of the child.

 

 

``(5) Three-year iep._

``(A) Development of 3-year iep._The local educational agency may offer a child with a disability who has reached the age of 18, the option of developing a comprehensive 3-year IEP. With the consent of the parent, when appropriate, the IEP Team shall develop an IEP, as described in paragraphs (1) and (3), that is designed to serve the child for the final 3-year transition period, which includes a statement of_

`(5) MULTI-YEAR IEP-

`(A) DEVELOPMENT- The local educational agency may offer to the parent of a child with a disability the option of developing a comprehensive multi-year IEP, not to exceed 3 years, that is designed to cover the natural transition points for the child. With the consent of the parent, the IEP Team shall develop an IEP, as described in paragraphs (1) and (3), that is designed to serve the child for the appropriate multi-year period, which includes a statement of--

 

``(i) measurable goals that will enable the child to be involved in and make progress in the general education curriculum and that will meet the child's transitional and postsecondary needs that result from the child's disability; and

`(i) measurable goals pursuant to paragraph (1)(A)(i)(II), coinciding with natural transition points for the child, that will enable the child to be involved in and make progress in the general education curriculum and that will meet the child's other needs that result from the child's disability; and

 

``(ii) measurable annual goals for measuring progress toward meeting the postsecondary goals described in clause (i).

`(ii) measurable annual goals for determining progress toward meeting the goals described in clause (i).

 

``(B) Review and revision of 3-year iep._

``(i) Requirement._Each year the local educational agency shall ensure that the IEP Team_

`(B) REVIEW AND REVISION OF MULTI-YEAR IEP-

`(i) REQUIREMENT- The IEP Team shall conduct a review under paragraph (4) of the child's multi-year IEP at each of the child's natural transition points.

 

``(I) provides an annual review of the child's IEP to determine the child's current levels of progress and determine whether the annual goals for the child are being achieved; and

``(II) revises the IEP, as appropriate, to enable the child to continue to meet the measurable transition goals set out in the IEP.

`(ii) STREAMLINED ANNUAL REVIEW PROCESS- In years other than a child's natural transition points, the local educational agency shall ensure that the IEP Team--

`(I) provides an annual review of the child's IEP to determine the child's current levels of progress and determine whether the annual goals for the child are being achieved; and

`(II) amends the IEP, as appropriate, to enable the child to continue to meet the measurable goals set out in the IEP.

 

``(ii) Comprehensive review._If the review under clause (i) determines that the child is not making sufficient progress toward the goals described in subparagraph (A), the local educational agency shall ensure that the IEP Team provides a review, within 30 calendar days, of the IEP under paragraph (4).

`(iii) COMPREHENSIVE REVIEW PROCESS- If the IEP Team determines, on the basis of the review under clause (i), that the child is not making sufficient progress toward the goals described in subparagraph (A), the local educational agency shall ensure that the IEP Team reviews the IEP under paragraph (4), within 30 calendar days.

 

``(iii) Preference._At the request of the child, or when appropriate, the parent, the IEP Team shall conduct a review of the child's 3-year IEP under paragraph (4) rather than an annual review under subparagraph (B)(i).

`(iv) PARENTAL PREFERENCE- At the request of the parent, the IEP Team shall conduct a review under paragraph (4) of the child's multi-year IEP rather than a streamlined annual review under clause (ii).

 

 

`(C) DEFINITION- As used in this paragraph, the term `natural transition points' means those periods that are close in time to the transition of a child with a disability from preschool to elementary grades, from elementary grades to middle or junior high school grades, from middle or junior high school grades to high school grades, and from high school grades to post-secondary activities, but in no case longer than 3 years.

 

``(6) Failure to meet transition objectives._If a participating agency, other than the local educational agency, fails to provide the transition services described in the IEP in accordance with paragraph (1)(A)(i)(VIII), the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in that program.

`(6) FAILURE TO MEET TRANSITION OBJECTIVES- If a participating agency, other than the local educational agency, fails to provide the transition services described in the IEP in accordance with paragraph (1)(A)(i)(VII), the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in that program.

(5) FAILURE TO MEET TRANSITION OBJECTIVES- If a participating agency, other than the local educational agency, fails to provide the transition services described in the IEP in accordance with paragraph (1)(A)(vii), the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in that program.

``(7) Children with disabilities in adult prisons._

``(A) In general._The following requirements shall not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:

``(i) The requirements contained in section 612(a)(16) and paragraph (1)(A)(i)(V) (relating to participation of children with disabilities in general assessments).

``(ii) The requirements of items (aa) and (bb) of paragraph (1)(A)(i)(VII) (relating to transition planning and transition services), do not apply with respect to such children whose eligibility under this part will end, because of their age, before they will be released from prison.

`(7) CHILDREN WITH DISABILITIES IN ADULT PRISONS-

`(A) IN GENERAL- The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:

`(i) The requirements contained in section 612(a)(16) and paragraph (1)(A)(i)(V) of this subsection (relating to participation of children with disabilities in general assessments).

`(ii) The requirements of items (aa) and (bb) of paragraph (1)(A)(i)(VII) of this subsection (relating to transition planning and transition services), do not apply with respect to such children whose eligibility under this part will end, because of their age, before they will be released from prison.

(6) CHILDREN WITH DISABILITIES IN ADULT PRISONS-

(A) IN GENERAL- The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:

(i) The requirements contained in section 612(a)(17) and paragraph (1)(A)(v) of this subsection (relating to participation of children with disabilities in general assessments).

(ii) The requirements of subclauses (I) and (II) of paragraph (1)(A)(vii) of this subsection (relating to transition planning and transition services), do not apply with respect to such children whose eligibility under this part will end, because of their age, before they will be released from prison.

``(B) Additional requirement._If a child with a disability is convicted as an adult under State law and incarcerated in an adult prison, the child's IEP Team may modify the child's IEP or placement notwithstanding the requirements of sections 612(a)(5)(A) and 614(d)(1)(A) if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

`(B) ADDITIONAL REQUIREMENT- If a child with a disability is convicted as an adult under State law and incarcerated in an adult prison, the child's IEP Team may modify the child's IEP or placement notwithstanding the requirements of sections 612(a)(5)(A) and 614(d)(1)(A) if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

(B) ADDITIONAL REQUIREMENT- If a child with a disability is convicted as an adult under State law and incarcerated in an adult prison, the child's IEP Team may modify the child's IEP or placement notwithstanding the requirements of sections 612(a)(5)(A) and 614(d)(1)(A) if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.