POLICY LETTER: February 7, 2014 to Gene Lenz - Individuals with Disabilities Education Act

Topic Areas: Individualized Education Programs: Development/Review/Revision

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Desktop/DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesFebruary 7, 2014Gene Lenz, DirectorFederal and State Education PolicyTexas Education Agency1701 North Congress AvenueAustin, Texas 78701-1494Dear Mr. Lenz:This is in response to your April 29, 2013 letter to me seeking clarification of the requirements in the Individuals with Disabilities Education Act (IDEA) and its implementing regulations in 34 CFR Part 300. Specifically, you asked whether a local educational agency (LEA) is required to report on the progress the student is making with regard to benchmarks or short-term objectives or whether the Act [IDEA] merely requires the reporting of the student's progress toward meeting the overall annual goals in the student's individualized education program (IEP). You indicate that in Texas, LEAs are only required to report consistent with IDEA requirements; for those students who take alternate assessments aligned to alternate achievement standards, Texas does not specifically require LEAs to report to parents on a student's progress in meeting benchmarks or short-term objectives. However, you seek clarification because you have observed that LEAs have varying practices with regard to reporting the progress of students whose IEPs include benchmarks or short-term objectives and that State educational agencies have different interpretations of the progress reporting requirements in the IDEA.Under 34 CFR 300.320(a)(2)(i), each child's IEP must include a statement of measurable annual goals. Under 34 CFR 300.320(a)(2)(ii), the IEPs of children who take alternate assessments aligned to alternate achievement standards must also include a description of benchmarks or short-term objectives. Under 34 CFR 300.320(a)(3)(i)-(ii), each child's IEP must include a description of how the child's progress toward meeting the annual goals described in 34 Based on section 607(e) of the IDEA, we are informing you that our response is provided as informal guidance and is not legally binding, but represents an interpretation by the U.S. Department of Education of the IDEA in the context of the specific facts presented.If you have additional questions, please do not hesitate to contact Dr. Marion Crayton at 202-245-6474 or by email at HYPERLINK "mailto:Marion.Crayton@ed.gov" Marion.Crayton@ed.gov.Sincerely,Melody Musgrove, Ed.D.DirectorOffice of Special Education ProgramsPage PAGE 3 Honorable Jason GlassPage PAGE 2 Mr. Gene LenzDesktop/DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesFebruary 7, 2014Gene Lenz, DirectorFederal and State Education PolicyTexas Education Agency1701 North Congress AvenueAustin, Texas 78701-1494Dear Mr. Lenz:This is in response to your April 29, 2013 letter to me seeking clarification of the requirements in the Individuals with Disabilities Education Act (IDEA) and its implementing regulations in 34 CFR Part 300. Specifically, you asked whether a local educational agency (LEA) is required to report on the progress the student is making with regard to benchmarks or short-term objectives or whether the Act [IDEA] merely requires the reporting of the student's progress toward meeting the overall annual goals in the student's individualized education program (IEP). You indicate that in Texas, LEAs are only required to report consistent with IDEA requirements; for those students who take alternate assessments aligned to alternate achievement standards, Texas does not specifically require LEAs to report to parents on a student's progress in meeting benchmarks or short-term objectives. However, you seek clarification because you have observed that LEAs have varying practices with regard to reporting the progress of students whose IEPs include benchmarks or short-term objectives and that State educational agencies have different interpretations of the progress reporting requirements in the IDEA.Under 34 CFR 300.320(a)(2)(i), each child's IEP must include a statement of measurable annual goals. Under 34 CFR 300.320(a)(2)(ii), the IEPs of children who take alternate assessments aligned to alternate achievement standards must also include a description of benchmarks or short-term objectives. Under 34 CFR 300.320(a)(3)(i)-(ii), each child's IEP must include a description of how the child's progress toward meeting the annual goals described in 34 Based on section 607(e) of the IDEA, we are informing you that our response is provided as informal guidance and is not legally binding, but represents an interpretation by the U.S. Department of Education of the IDEA in the context of the specific facts presented.If you have additional questions, please do not hesitate to contact Dr. Marion Crayton at 202-245-6474 or by email at HYPERLINK "mailto:Marion.Crayton@ed.gov" Marion.Crayton@ed.gov.Sincerely,Melody Musgrove, Ed.D.DirectorOffice of Special Education ProgramsPage PAGE 3 Honorable Jason GlassPage PAGE 2 Mr. Gene Lenz

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U NITED STATES D EPARTMENT OF EDUCATION O FFICE OF SPECIAL EDUCATION A ND REHABILITATIVE SERVICES February 7, 2014 Gene Lenz, Director Federal and State Education Policy Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701- 1494 Dear Mr. Lenz: This is in response to your April 29, 2013 letter to me seeking clarification of the requirements in the Individuals with Disabilities Education Act (IDEA) and its implementing regulations in 34 CFR Part 300. Specifically, you asked “whether a local educational agency (LEA) is required to report on the progress the student is making with regard to benchmarks or short -term objectives or whether the Act [IDEA] merel y requires the reporting of the student’s progress toward meeting the overall annual goals” in the student’s individualized education program (IEP). You indicate that in Texas, LEAs are only required to report consistent with IDEA requirements; for those students who take alternate assessments aligned to alternate achievement standards, Texas does not specifically require LEAs to report to parents on a student’s progress in meeting benchmarks or short -term objectives. However, you seek clarification because you have observed that LEAs have varying practices with regard to reporting the progress of students whose IEPs include benchmarks or short -term objectives and that State educational agencies have different interpretations of the progress reporting requirements in the IDEA. Under 34 CFR §300.320(a)(2)(i), each child’s IEP must include a statement of measurable annual goals. Under 34 CFR §300.320(a)(2)(ii), the IEPs of children who take alternate assessments aligned to alternate achievement standards mu st also include a description of benchmarks or short -term objectives. Under 34 CFR §300.320(a)(3)(i) -(ii), each child’s IEP must include a description of how the child’s progress toward meeting the annual goals described in 34 CFR §300.320(a)(2) will be m easured; and when periodic reports on the progress the child is making towards meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided. This IDEA requirement addresses reporting on a child’s progress toward meeting his or her annual IEP goals. The regulation at 34 CFR §300.320(a)(2)(ii) specifies that the IEPs of children who take alternate assessments aligned to alternate achievement standards must include a description of benchmarks or short -term objectives, but there is no specific IDEA requirement for reporting to parents on every child’s progress in meeting these benchmarks or short -term objectives. Therefore, whether reporting on benchmarks or short -te rm objectives is necessary to meaningfully report on progress toward meeting the annual goals must be determined on a case - by -case basis. Page 2 – Mr. Gene Lenz While not specifically required by the IDEA, there may be some children participating in the alternate assessment ali gned to alternate achievement standards for whom reporting on the progress in meeting the benchmarks or short -term objectives included in the child’s IEP is the appropriate way to report meaningfully to parents on that child’s progress in meeting the annua l IEP goals. However, this is a matter that IDEA leaves to the discretion of the IEP Team. Based on section 607(e) of the IDEA, we are informing you that our response is provided as informal guidance and is not legally binding, but represents an inte rpretation by the U.S. Department of Education of the IDEA in the context of the specific facts presented. If you have additional questions, please do not hesitate to contact Dr. Marion Crayton at 202- 245- 6474 or by email at Marion.Crayton@ed.gov . Sincerely, Melody Musgrove, Ed.D. Director Office of Special Education Programs

Summary

Addresses progress monitoring requirements for children participating in alternate assessment aligned to alternate standards.

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Last modified on October 24, 2023

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