Required IEP Sections in Nebraska
What sections are required in an IEP in Nebraska?
Nebraska IEPs must contain all components required by federal law (34 CFR 300.320) as implemented through Nebraska Administrative Code Title 92, Chapter 51 (Rule 51). Required sections under 92 NAC 51-007.06 include: a statement of the child's present levels of academic achievement and functional performance; measurable annual goals; a description of how the child's progress toward annual goals will be measured; a statement of the special education and related services, supplementary aids and services, and program modifications or supports for school personnel; an explanation of the extent to which the child will not participate with nondisabled children; a statement of any individual appropriate accommodations for state and districtwide assessments; the projected start date, frequency, location, and duration of services; and how parents will be informed of progress. Nebraska Rule 51 also requires that transition services be addressed beginning at age 16 (or earlier if determined appropriate by the IEP team) consistent with 92 NAC 51-007.06H. The IEP must document the transfer of rights to the student at age 18 (Neb. Rev. Stat. § 79-1152).
What Nebraska Requires
Present levels of academic achievement and functional performance must describe how the disability affects involvement and progress in the general curriculum (92 NAC 51-007.06A; 34 CFR 300.320(a)(1)).
The IEP must include measurable annual goals, including academic and functional goals, to address all areas of need identified in the evaluation (92 NAC 51-007.06B; 34 CFR 300.320(a)(2)).
For students taking alternate assessments aligned to alternate achievement standards, benchmarks or short-term objectives are required (92 NAC 51-007.06B; 34 CFR 300.320(a)(2)(ii)).
The IEP must specify all special education, related services, supplementary aids and services, and program modifications with projected start date, frequency, location, and duration (92 NAC 51-007.06D, 51-007.06G).
For state and districtwide assessments (NeSA), the IEP must list individual appropriate accommodations; if the student will take an alternate assessment, the IEP must explain why the student cannot participate in the regular assessment and which alternate assessment is appropriate (92 NAC 51-007.06F; 34 CFR 300.320(a)(6)).
Beginning no later than age 16, the IEP must include transition services, post-secondary goals, and courses of study (92 NAC 51-007.06H; Neb. Rev. Stat. § 79-1129).
At age 18, the IEP must document that the student has been informed of the transfer of educational decision-making rights (Neb. Rev. Stat. § 79-1152).
Key Timelines
The IEP must be in effect at the beginning of each school year (34 CFR 300.323(a); 92 NAC 51-007.07).
Initial IEP must be developed within 30 days of the eligibility determination (34 CFR 300.323(c)).
The IEP must be reviewed at least annually and revised as needed (92 NAC 51-007.09; Neb. Rev. Stat. § 79-1129).
Transition services must be addressed beginning at age 16 and updated annually (92 NAC 51-007.06H; Neb. Rev. Stat. § 79-1129).
Prior written notice must be provided a reasonable time before the district proposes to initiate or change the identification, evaluation, educational placement, or provision of FAPE (92 NAC 51-010.02).