HAR §8-60-44. Definition of individualized education program

(a) General. As used in this chapter, the term individualized education program or IEP means a written statement for each student with a disability that is developed, reviewed, and revised in a meeting in accordance with sections 8-60-44 through 8-60-48, and that shall include: (1) A statement of the student's present levels of academic achievement and functional performance, including: (A) How the student's disability affects the student's involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled students); or (B) For preschool students, as appropriate, how the disability affects the student's participation in appropriate activities; (2) A statement of measurable annual goals, including academic and functional goals and a description of short-term objectives or benchmarks designed to: (A) Meet the student's needs that result from the student's disability to enable the student to be involved in and make progress in the general education curriculum; and (B) Meet each of the student's other educational needs that result from the student's disability; (3) A description of: (A) How the student's progress toward meeting the annual goals described in paragraph (2) will be measured; and (B) When periodic reports on the progress the student 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; (4) 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 student, or on behalf of the student, and a statement of the program modifications or supports for school personnel that will be provided to enable the student: (A) To advance appropriately toward attaining the annual goals; (B) To be involved in and make progress in the general education curriculum in accordance with paragraph (1), and to participate in extracurricular and other nonacademic activities; and (C) To be educated and participate with other students with disabilities and nondisabled students in the activities described in this section; (5) An explanation of the extent, if any, to which the student will not participate with nondisabled students in the regular class and in the activities described in paragraph (4); (6) (A) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the student on statewide assessments consistent with section 612(a)(16) of the Act; and (B) If the IEP team determines that the student shall take an alternate assessment instead of a particular regular State assessment of student achievement, a statement of why: (i) The student cannot participate in the regular assessment; and (ii) The particular alternate assessment selected is appropriate for the student; and (7) The projected date for the beginning of the services and modifications described in paragraph (4), and the anticipated frequency, location, and duration of those services and modifications. (b) Transition services. (1) For each student beginning at age 14 (or younger if determined appropriate by the IEP team), and updated annually, the IEP shall include a statement of the transition service needs of the student under the applicable components of the student’s IEP that focuses on the student’s courses of study (such as participation in advanced-placement courses or a vocational educational program). (2) Beginning not later than the first IEP to be in effect when the student turns 16, or younger if determined appropriate by the IEP team, and updated annually, thereafter, the IEP shall include: (A) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and (B) The transition services needed to assist the student in reaching those goals, including, if appropriate, a statement of the interagency responsibilities or any needed linkages. (c) Transfer of rights at age of majority. Beginning not later than one year before the student reaches the age of majority under State law, the IEP shall include a statement that the student has been informed of the student's rights under Part B of the Act, if any, that will transfer to the student on reaching the age of majority under section 8-60-74. (d) Construction. Nothing in this section shall be construed to require: (1) That additional information be included in a student's IEP beyond what is explicitly required in section 614 of the Act; or (2) The IEP team to include information under one component of a student's IEP that is already contained under another component of the student's IEP. [Eff 11/23/09] (Auth: 20 U.S.C. 1414(d)(1)(A) and (d)(6), HRS §302A-1112) (Imp: 34 C.F.R. §300.320)