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4. Include a rule of construction regarding the content of IEPs.

Nothing in 34 CFR 300.320 shall be construed to require:
  • That additional information be included in a child’s IEP beyond what is explicitly required in section 614 of the Act; or
  • The IEP Team to include information under one component of a child’s IEP that is already contained under another component of the child’s IEP.
[34 CFR 300.320(d)] [20 U.S.C. 1414(d)(1)(A)(ii)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. This rule of construction says that a district or individual IEP Team cannot say that something is required when it is not specifically noted in IDEA 2004 or a piece of supporting State legislation. Why do you think the rule of construction provision was added to IDEA 2004?

  2. What additional information (in addition to federal requirements) is required by your state to be included on IEPs? What are the reasons for requiring this additional information?

  3. How will this requirement impact IEP development at the state and local levels?

Application Questions

  1. In what ways might this rule of construction help to reduce paperwork?

  2. What steps can be taken to help IEP team members understand the implementation implications and benefits of this provision?

    These questions were developed by the following stakeholders working together:

    Role: Family Member
    Location: Arizona

    Role: Special Education Administrator
    Location: California

    Role: Teacher
    Location: Colorado

    Role: Educational Consultant
    Location: Florida

    Role: Special Education Administrator
    Location: Georgia

    Role: Higher Education
    Location: Indiana

    Role: General Education Administrator
    Location: Illinois

    Role: Teacher
    Location: South Carolina

    Role: Family Member
    Location: Wisconsin