At the commencement of each academic year, Nebraska school districts are mandated to have a current Individualized Education Program (IEP) in place for every student who has been identified as having a disability. This requirement is clearly outlined in the Nebraska Administrative Code, specifically 92 NE ADC Ch. 51 Sec. 007.02A.
The IEP serves as a comprehensive written blueprint for a student’s educational journey. It is meticulously crafted during a collaborative meeting involving a dedicated team. This team is composed of essential individuals who play crucial roles in the student’s education. The core members include the student’s parent or legal guardian, a special education teacher who brings expertise in tailored instruction, a regular education teacher who understands the general curriculum, and a district representative. This district representative is qualified to either provide special education services directly or supervise their provision, ensuring accountability and proper implementation.
Beyond these core members, the IEP team may also include other individuals who possess valuable insights and specialized knowledge about the child. These participants can encompass related service personnel, such as therapists or counselors, and anyone else whose expertise can contribute to developing the most effective educational plan for the student. The inclusion of diverse perspectives is encouraged to create a well-rounded and supportive IEP. The legal basis for these team members is found in 92 NE ADC Ch. 51 Sec. 007.03A.
Every IEP in Nebraska must contain specific and critical components to ensure it is a functional and effective document. These mandatory elements, as detailed in 92 NE ADC Ch. 51 Sec. 007.07, are designed to provide a clear roadmap for the student’s special education experience. The IEP must include:
- Present Levels of Academic Achievement: A clear statement detailing the student’s current academic performance levels. This provides a baseline to measure progress and tailor instruction effectively.
- Measurable Annual Goals: The IEP must outline specific, measurable, achievable, relevant, and time-bound (SMART) goals that the student is expected to achieve within a year. These goals are the cornerstone of the educational plan.
- Benchmarks or Short-Term Objectives: To break down the larger annual goals, the IEP includes benchmarks or short-term objectives. These smaller steps provide a framework for monitoring progress and adjusting instruction as needed.
- Progress Measurement and Reporting: A description of how the student’s progress towards their goals will be measured is essential. The IEP must also specify when periodic reports on this progress will be provided to parents, ensuring ongoing communication and transparency.
- Special Education and Related Services: A detailed statement of all special education and related services that will be provided to the child is a core component. This ensures that all necessary supports are in place.
- Participation in Regular Class: The IEP must explain the extent, if any, to which the student will not participate in regular education classes with their non-disabled peers. This addresses the least restrictive environment (LRE) principle.
- Appropriate Accommodations for Functional Performance Measurement: The IEP should include a statement of any necessary individual accommodations needed to accurately measure the student’s functional performance. This ensures fair and appropriate assessment.
- Service Timeline: Finally, the IEP must clearly state the anticipated start date for services, the location where services will be provided, and the expected duration of these services. This provides clarity and logistical information for implementation.
Crucially, in Nebraska, no student with disabilities can participate in any aspect of a special education program without explicit written parental consent to the IEP. This parental right is protected under 92 NE ADC Ch. 51 Sec. 009.08, emphasizing the collaborative nature of special education planning and the importance of family involvement.
For students with IEPs who transfer schools, either from out of state or between Nebraska school districts within the same academic year, specific procedures are in place to ensure continuity of services. The receiving school district is obligated to:
- Continue to Provide FAPE: Immediately upon the student’s enrollment, the district must ensure the student continues to receive a Free Appropriate Public Education (FAPE). This is a fundamental right for all students with disabilities.
- Provide Comparable Services: Until a new IEP is developed or the existing one is adopted, the receiving district must provide services that are reasonably comparable to those outlined in the student’s previously held IEP. This minimizes disruption and ensures the student’s educational needs are met during the transition period. This requirement is also found in 51 Sec. 007.08 of the Nebraska Administrative Code.
This guide provides a foundational understanding of special education IEPs in Nebraska. For further detailed information and specific situations, consulting the full Nebraska Administrative Code and seeking guidance from educational professionals is always recommended.
