IEP Modifications in North Carolina: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a North Carolina IEP?
Program modifications in a North Carolina IEP encompass changes to the content, instructional level, or performance criteria that alter what a student with a disability is expected to learn or demonstrate, as distinguished from accommodations which change how the student accesses the same content. The IEP must include a statement of program modifications or supports for school personnel that will be provided to enable the child to advance appropriately toward attaining annual goals, to be involved in and make progress in the general education curriculum, to participate in extracurricular and nonacademic activities, and to be educated and participate with nondisabled children (34 CFR 300.320(a)(4)(ii); NC 1503-5). When subject content is modified, the IEP Team must develop measurable annual goals that address the modified content. The IEP must also include an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in nonacademic and extracurricular activities (34 CFR 300.320(a)(5)). This is the Least Restrictive Environment (LRE) requirement, which mandates that children with disabilities be educated with nondisabled children to the maximum extent appropriate, with removal from the general education environment occurring only when the nature or severity of the disability is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily (34 CFR 300.114(a)(2); NC 1500-2.21). North Carolina requires that a continuum of alternative placements be available, including instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions (34 CFR 300.115). Under N.C.G.S. 115C-107.7, an LEA shall not assign a student to homebound instruction without a determination by the IEP Team that homebound instruction is the least restrictive alternative environment for that student, and the continued appropriateness of homebound instruction must be evaluated monthly. Each teacher who provides instruction to a student with a disability must have access to the student's current IEP, be informed of specific responsibilities for implementing the IEP, and have an opportunity to request assistance regarding implementation.
What North Carolina Requires
The IEP must include a statement of program modifications or supports for school personnel enabling the child to advance toward goals, participate in general curriculum, and be educated with nondisabled peers (34 CFR 300.320(a)(4)(ii); NC 1503-5)
When subject content is modified, the IEP Team must develop measurable annual goals to address the modified content
The IEP must explain the extent to which the child will not participate with nondisabled children in regular class, extracurricular, and nonacademic activities (34 CFR 300.320(a)(5))
Children with disabilities must be educated with nondisabled children to the maximum extent appropriate; removal only when education in regular classes with supplementary aids cannot be achieved satisfactorily (34 CFR 300.114(a)(2); NC 1500-2.21)
A continuum of alternative placements must be available including regular classes, special classes, special schools, home instruction, and hospital/institution instruction (34 CFR 300.115)
Homebound instruction requires IEP Team determination that it is the least restrictive alternative, with monthly evaluation of continued appropriateness (N.C.G.S. 115C-107.7)
Each teacher providing instruction to a student with a disability must have access to the current IEP and be informed of specific responsibilities for implementation
Key Timelines
Placement decisions must be reviewed at least annually as part of the IEP review (34 CFR 300.116(b)(1))
Homebound instruction appropriateness must be evaluated monthly by the IEP Team designee (N.C.G.S. 115C-107.7)
Modifications take effect on the projected start date for services documented in the IEP (34 CFR 300.320(a)(7))