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Common IEP Compliance Issues

  1. Goals with the same current level as the previous IEP are continuedto the next IEP. A student must make progress. Present levels, goals, and current levels must be updated and changed at the annual review IEP based on progress monitoring/data collection.
  1. Services on the IEP are not being implemented – be sure all services on the IEP are being followed
  1. Accommodations on the IEP are not being implemented – be sure all teachers, testing coordinator, and school staff as needed are aware of required accommodations and supports
  1. IEPs are out of date – be sure annual review IEP is held prior to the meeting date of previous IEP
  1. Eligibilities are out of date – be sure to check eligibility dates and hold DOR meetings at least 12 months prior to the due date to determine reevaluation needs
  1. Missing eligibilities or incomplete DORs– be sure eligibility reports are completed and in Clarity and CO. Besure DORs are completed when re-determining eligibility without testing.
  1. Secondary areas left off DORs – be sure to address both primary and secondary areas when completing re-determinations. If re-determining eligibility through the DOR, be sure to include both areas in summary and final recommendations.
  1. Needs aren’t addressed by goals - Present level establishes needs/deficits that are addressed bygoals. Needs from the present level and goals must match
  1. Services or accommodations aren’t justified or missing needed services or accommodations - Services and accommodations/supports are determined by what services and supports are needed to help the student make progress towards his or her goals and needs.
  1. IEP doesn’t flow - Present level (needs and deficits), services, and accommodations should be linked together. Present level is always developed first.
  1. Areas of needs not addressed through the IEP –Be sure to address failed areas of standardized testing and/or academic, behavioral, and functional difficulties as a result of the disability.
  1. Services and accommodations are written in the present level and should not be - Be careful not to make service or accommodation recommendations in the present level
  1. Services and options considered/accepted don’t match – be sure service times and options accepted and rejected match
  1. Least restrictive environment not considered - Be sure to address the continuum of least restrictive environments (example - can’t check considered separate class, resource or self contained, without considering the less restrictive services – consult, supportive instruction, collab, coteach, etc)
  1. Comments for ESY are not appropriate – be sure to understand ESY and comment appropriately if comment is needed

CCSS: Special Education DepartmentOctober 2010