May 01, 2012

Table 1: IEP Provisions

The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the American Bar Association, and accordingly, should not be construed as representing the policy of the American Bar Association.

Mandatory IEP Provisions

  • A statement of present educational performance identifying how the youth’s disability affects involvement and/or progress in the general school curriculum.
  • A statement of the special education and related services to be provided to the youth.
  • A statement of what program modifications or supports are to be provided for the youth so that they can be involved in the general curriculum (including extracurricular activities), can be educated with other youth with and without disabilities, and may advance toward annual goal attainment.
  • A statement of the degree, if any, that the youth will not participate with youth who do not have disabilities in the regular classroom and extracurricular/nonacademic activities.
  • A statement of modifications to state or district-wide achievement or standardized testing or a statement as to why this testing is not appropriate and alternatives to measuring progress.
  • A projected service initiation date (and projected modifications) and the anticipated location, frequency, and duration of services (and modifications).
  • A statement of annual measurable goals that includes short-term objectives regarding the youth’s engagement and progress toward general curriculum involvement, as well as progress toward meeting the youth’s other disability-related educational needs. This includes a statement of how the youth’s annual goals will be measured and how the youth will meet these goals by the end of the academic year.


Mandatory IEP Provisions Important for Older Youth

  • Special education services include instruction in the classroom, home, hospitals, and institutions– including youth correctional facilities.1
  • A statement of needed transition services for the youth’s (age 14 and older) course of studies; for example, vocational services.
  • For youth age 16 and older this statement should also include, if appropriate, the inter-agency responsibility for linkages to these other supportive programs.
  • These services, with a focus on specific results, include vocational training (and supported employment), post-secondary education, specific adult services, independent living, adult continuing education, and community participation.2


1. 34 C.F.R. § 300.43.

2. Ibid.