IEP Modifications in Maine: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a Maine IEP?
In Maine, modifications are changes to the curriculum content or performance expectations for a student with a disability. The IEP must document program modifications under MUSER Ch. 101 § VIII(1)(c), including any modifications to the general curriculum along with supports for school personnel. When modifications are employed, the IEP must also explain the extent to which the student will not participate with nondisabled peers in the regular class and nonacademic activities (MUSER Ch. 101 § VIII(1)(d); 34 CFR 300.320(a)(5)). Students who receive significant modifications to the general curriculum may take the Maine Alternate Assessment rather than the standard Maine Educational Assessment — the IEP must document and justify this decision. LRE requirements under MUSER Ch. 101 § IX require that placement decisions always consider the least restrictive environment consistent with the student's needs, meaning modifications that increase separation from nondisabled peers must be justified in the IEP.
What Maine Requires
The IEP must document all program modifications and supports for school personnel necessary for the student to participate in the general curriculum (MUSER Ch. 101 § VIII(1)(c)).
The IEP must explain the extent to which the student will not participate with nondisabled peers in regular classes and nonacademic activities (MUSER Ch. 101 § VIII(1)(d); 34 CFR 300.320(a)(5)).
Students with the most significant cognitive disabilities may take the Maine Alternate Assessment; the IEP must justify why the student cannot participate in the regular state assessment (MUSER Ch. 101 § VIII(1)(e)).
The IEP team must consider LRE before recommending modifications that remove a student from general education (MUSER Ch. 101 § IX(1)).
Modifications must be provided at no cost to the family as part of FAPE (MUSER Ch. 101 § II(1)).
Key Timelines
Modifications must be reviewed at least annually as part of the IEP review (MUSER Ch. 101 § VIII(5)).
The IEP team must consider annually whether modifications remain appropriate and whether the student can increase participation in the general curriculum (MUSER Ch. 101 § VIII(5)).