Required IEP Sections in New York
What sections are required in an IEP in New York?
New York State requires that every Individualized Education Program (IEP) be developed using the State's mandatory IEP form and include a comprehensive set of components specified under 8 NYCRR §200.4(d)(2). The IEP must report the student's present levels of academic achievement and functional performance across four need areas: academic achievement, functional performance and learning characteristics; social development; physical development; and management needs (8 NYCRR §200.4(d)(2)(i)). It must identify the student's disability classification pursuant to 8 NYCRR §200.1(zz), which recognizes 13 disability categories consistent with IDEA (Education Law §4401(1)). The IEP must contain measurable annual goals with evaluative criteria, evaluation procedures, and schedules (8 NYCRR §200.4(d)(2)(iii)), and for students taking the New York State Alternate Assessment (NYSAA) or preschool students, short-term instructional objectives or benchmarks (8 NYCRR §200.4(d)(2)(iv)). The document must specify recommended special education programs and services, supplementary aids and services, and program modifications (8 NYCRR §200.4(d)(2)(v)), as well as supports for school personnel on behalf of the student. A statement of individual testing accommodations for both districtwide and State assessments is required (8 NYCRR §200.4(d)(2)(vi)). The IEP must address special considerations including behavioral intervention needs, limited English proficiency, Braille instruction, communication needs, and assistive technology (8 NYCRR §200.4(d)(3)). For students age 15 and older, transition planning with measurable postsecondary goals is required (8 NYCRR §200.4(d)(2)(ix)). The IEP must also document the student's participation in general education, including the extent of removal from the general education environment, and provide a statement of the least restrictive environment (34 CFR §300.320(a)(5)). New York requires that the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) develop the IEP in a meeting that includes the parent, a regular education teacher, a special education teacher, a school psychologist, a district representative, an individual who can interpret evaluation results, and an additional parent member (Education Law §4402(1)(b)(1)). A school physician must also serve on the CSE, though attendance at meetings is only required upon written request at least 72 hours in advance (Education Law §4402(1)(b)(1)(a)). Prior to implementation, all school personnel responsible for providing services must be informed of their responsibilities under the IEP (8 NYCRR §200.4(e)(3)). New York is an all-party consent state for audio or video recording of CSE/CPSE meetings: all participants must consent before any recording may be made, pursuant to NY Penal Law §250.05.
What New York Requires
IEP must be developed on the State's mandatory IEP form for all IEPs developed for the 2011-12 school year and thereafter (8 NYCRR §200.4(d)(2))
Present levels of academic achievement and functional performance across four need areas: academic/learning characteristics, social development, physical development, and management needs (8 NYCRR §200.4(d)(2)(i))
Identification of the student's disability classification per 8 NYCRR §200.1(zz) (8 NYCRR §200.4(d)(2)(ii))
Measurable annual goals with evaluative criteria, procedures, and schedules (8 NYCRR §200.4(d)(2)(iii))
Short-term instructional objectives or benchmarks for students taking the NYSAA and preschool students (8 NYCRR §200.4(d)(2)(iv))
Recommended special education programs and services, supplementary aids and services, and program modifications including supports for school personnel (8 NYCRR §200.4(d)(2)(v))
Statement of individual testing accommodations for districtwide and State assessments (8 NYCRR §200.4(d)(2)(vi))
Special considerations: behavioral interventions, limited English proficiency, Braille, communication needs, and assistive technology (8 NYCRR §200.4(d)(3))
Transition planning with measurable postsecondary goals beginning no later than age 15 (8 NYCRR §200.4(d)(2)(ix))
Statement of participation in general education and extent of removal from general education environment (34 CFR §300.320(a)(5))
CSE membership must include parent, regular education teacher, special education teacher, school psychologist, district representative, evaluation interpreter, and additional parent member (Education Law §4402(1)(b)(1))
All school personnel must be informed of their IEP implementation responsibilities prior to service delivery (8 NYCRR §200.4(e)(3))
NY is an all-party consent state: all meeting participants must consent before a CSE/CPSE meeting may be audio or video recorded (NY Penal Law §250.05)
Key Timelines
IEP must be reviewed at least annually by the CSE or CPSE (8 NYCRR §200.4(f))
Annual review date cannot exceed one year from the date of the last IEP review (8 NYCRR §200.4(f))
School physician attendance at CSE meetings requires written request at least 72 hours prior to the meeting (Education Law §4402(1)(b)(1)(a))
IEP must be in effect at the beginning of each school year (34 CFR §300.323(a))