IEP Modifications in Nebraska: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a Nebraska IEP?
In Nebraska, modifications are changes to the curriculum content or performance expectations for a student with a disability. The IEP must document program modifications under 92 NAC 51-007.06D, 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 (92 NAC 51-007.06E; 34 CFR 300.320(a)(5)). Students with the most significant cognitive disabilities who require extensive modifications to the general curriculum may take the Nebraska Alternative Assessment Program (NAAP) rather than the standard NeSA assessments. LRE requirements under 92 NAC 51-006 require that placement decisions always consider the least restrictive environment consistent with the student's needs. Consistent with federal law, the IEP team must document the extent of non-participation with nondisabled peers.
What Nebraska Requires
The IEP must document all program modifications and supports for school personnel (92 NAC 51-007.06D; 34 CFR 300.320(a)(4)).
The IEP must explain the extent to which the student will not participate with nondisabled peers in regular classes and nonacademic activities (92 NAC 51-007.06E; 34 CFR 300.320(a)(5)).
Students with the most significant cognitive disabilities may take the NAAP alternate assessment; the IEP must justify why the student cannot participate in the NeSA (92 NAC 51-007.06F; 34 CFR 300.320(a)(6)(ii)).
The IEP team must consider LRE before recommending modifications that remove a student from general education (92 NAC 51-006; 34 CFR 300.114).
Modifications must be based on the student's individualized needs as documented in the evaluation and present levels (92 NAC 51-007.06A, 51-007.06D).
Key Timelines
Modifications must be reviewed at least annually as part of the IEP review (92 NAC 51-007.09; Neb. Rev. Stat. § 79-1129).
The IEP team must consider annually whether modifications remain appropriate and whether the student can increase participation in the general curriculum (92 NAC 51-007.09).