---
kind: "section"
citation: "20 U.S.C. § 1414"
title: "20"
title_heading: "Education"
number: "1414"
heading: "Evaluations, eligibility determinations, individualized education programs, and educational placements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1414"
units:
  - "Chapter 33 — Education of Individuals with Disabilities"
  - "Subchapter II — Assistance for Education of All Children with Disabilities"
---

# §1414. Evaluations, eligibility determinations, individualized education programs, and educational placements

- (a) **Evaluations, parental consent, and reevaluations—**
  - (1) **Initial evaluations—**
    - (A) **In general—** A [State educational agency](/usc/20/1401.md?p=32), other [State](/usc/20/1401.md?p=31) agency, or [local educational agency](/usc/20/1401.md?p=19-A) shall conduct a full and individual initial evaluation in accordance with this paragraph and [subsection (b)](#b), before the initial provision of [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A) to a [child with a disability](/usc/20/1401.md?p=3-A) under this subchapter.
    - (B) **Request for initial evaluation—** Consistent with [subparagraph (D)](#a-1-D), either a [parent](/usc/20/1401.md?p=23) of a child, or a [State educational agency](/usc/20/1401.md?p=32), other [State](/usc/20/1401.md?p=31) agency, or [local educational agency](/usc/20/1401.md?p=19-A) may initiate a request for an initial evaluation to determine if the child is a [child with a disability](/usc/20/1401.md?p=3-A).
    - (C) **Procedures—**
      - (i) **In general—** Such initial evaluation shall consist of procedures—
        - (I) to determine whether a child is a [child with a disability](/usc/20/1401.md?p=3-A) (as defined in [1401](/usc/20/1401.md) of this title) within 60 days of receiving parental consent for the evaluation, or, if the [State](/usc/20/1401.md?p=31) establishes a timeframe within which the evaluation must be conducted, within such timeframe; and
        - (II) to determine the educational needs of such child.
      - (ii) **Exception—** The relevant timeframe in [clause (i)(I)](#a-1-C-i-I) shall not apply to a [local educational agency](/usc/20/1401.md?p=19-A) if—
        - (I) a child enrolls in a school served by the [local educational agency](/usc/20/1401.md?p=19-A) after the relevant timeframe in [clause (i)(I)](#a-1-C-i-I) has begun and prior to a determination by the child’s previous [local educational agency](/usc/20/1401.md?p=19-A) as to whether the child is a [child with a disability](/usc/20/1401.md?p=3-A) (as defined in [section 1401 of this title](/usc/20/1401.md)), but only if the subsequent [local educational agency](/usc/20/1401.md?p=19-A) is making sufficient progress to ensure a prompt completion of the evaluation, and the [parent](/usc/20/1401.md?p=23) and subsequent [local educational agency](/usc/20/1401.md?p=19-A) agree to a specific time when the evaluation will be completed; or
        - (II) the [parent](/usc/20/1401.md?p=23) of a child repeatedly fails or refuses to produce the child for the evaluation.
    - (D) **Parental consent—**
      - (i) **In general—**
        - (I) **Consent for initial evaluation—** The agency proposing to conduct an initial evaluation to determine if the child qualifies as a [child with a disability](/usc/20/1401.md?p=3-A) as defined in [section 1401 of this title](/usc/20/1401.md) shall obtain informed consent from the [parent](/usc/20/1401.md?p=23) of such child before conducting the evaluation. Parental consent for evaluation shall not be construed as consent for placement for receipt of [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A).
        - (II) **Consent for services—** An agency that is responsible for making a [free appropriate public education](/usc/20/1401.md?p=9) available to a [child with a disability](/usc/20/1401.md?p=3-A) under this subchapter shall seek to obtain informed consent from the [parent](/usc/20/1401.md?p=23) of such child before providing [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A) to the child.
      - (ii) **Absence of consent—**
        - (I) **For initial evaluation—** If the [parent](/usc/20/1401.md?p=23) of such child does not provide consent for an initial evaluation under [clause (i)(I)](#a-1-D-i-I), or the [parent](/usc/20/1401.md?p=23) fails to respond to a request to provide the consent, the [local educational agency](/usc/20/1401.md?p=19-A) may pursue the initial evaluation of the child by utilizing the procedures described in [section 1415 of this title](/usc/20/1415.md), except to the extent inconsistent with [State](/usc/20/1401.md?p=31) law relating to such parental consent.
        - (II) **For services—** If the [parent](/usc/20/1401.md?p=23) of such child refuses to consent to services under [clause (i)(II)](#a-1-D-i-II), the [local educational agency](/usc/20/1401.md?p=19-A) shall not provide [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A) to the child by utilizing the procedures described in [section 1415 of this title](/usc/20/1415.md).
        - (III) **Effect on agency obligations—** If the [parent](/usc/20/1401.md?p=23) of such child refuses to consent to the receipt of [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A), or the [parent](/usc/20/1401.md?p=23) fails to respond to a request to provide such consent—
          - (aa) the [local educational agency](/usc/20/1401.md?p=19-A) shall not be considered to be in violation of the requirement to make available a [free appropriate public education](/usc/20/1401.md?p=9) to the child for the failure to provide such child with the [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A) for which the [local educational agency](/usc/20/1401.md?p=19-A) requests such consent; and
          - (bb) the [local educational agency](/usc/20/1401.md?p=19-A) shall not be required to convene an [IEP](/usc/20/1401.md?p=14) meeting or develop an [IEP](/usc/20/1401.md?p=14) under this section for the child for the [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A) for which the [local educational agency](/usc/20/1401.md?p=19-A) requests such consent.
      - (iii) **Consent for wards of the State—**
        - (I) **In general—** If the child is a [ward of the State](/usc/20/1401.md?p=36-A) and is not residing with the child’s [parent](/usc/20/1401.md?p=23), the agency shall make reasonable efforts to obtain the informed consent from the [parent](/usc/20/1401.md?p=23) (as defined in [section 1401 of this title](/usc/20/1401.md)) of the child for an initial evaluation to determine whether the child is a [child with a disability](/usc/20/1401.md?p=3-A).
        - (II) **Exception—** The agency shall not be required to obtain informed consent from the [parent](/usc/20/1401.md?p=23) of a child for an initial evaluation to determine whether the child is a [child with a disability](/usc/20/1401.md?p=3-A) if—
          - (aa) despite reasonable efforts to do so, the agency cannot discover the whereabouts of the [parent](/usc/20/1401.md?p=23) of the child;
          - (bb) the rights of the [parents](/usc/20/1401.md?p=23) of the child have been terminated in accordance with [State](/usc/20/1401.md?p=31) law; or
          - (cc) the rights of the [parent](/usc/20/1401.md?p=23) to make educational decisions have been subrogated by a judge in accordance with [State](/usc/20/1401.md?p=31) law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.
    - (E) **Rule of construction—** The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A).
  - (2) **Reevaluations—**
    - (A) **In general—** A [local educational agency](/usc/20/1401.md?p=19-A) shall ensure that a reevaluation of each [child with a disability](/usc/20/1401.md?p=3-A) is conducted in accordance with subsections [(b)](#b) and [(c)](#c)—
      - (i) if the [local educational agency](/usc/20/1401.md?p=19-A) determines that the educational or [related services](/usc/20/1401.md?p=26-A) needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or
      - (ii) if the child’s [parents](/usc/20/1401.md?p=23) or teacher requests a reevaluation.
    - (B) **Limitation—** A reevaluation conducted under [subparagraph (A)](#a-2-A) shall occur—
      - (i) not more frequently than once a year, unless the [parent](/usc/20/1401.md?p=23) and the [local educational agency](/usc/20/1401.md?p=19-A) agree otherwise; and
      - (ii) at least once every 3 years, unless the [parent](/usc/20/1401.md?p=23) and the [local educational agency](/usc/20/1401.md?p=19-A) agree that a reevaluation is unnecessary.
- (b) **Evaluation procedures—**
  - (1) **Notice—** The [local educational agency](/usc/20/1401.md?p=19-A) shall provide notice to the [parents](/usc/20/1401.md?p=23) of a [child with a disability](/usc/20/1401.md?p=3-A), in accordance with subsections (b)(3), (b)(4), and (c) of [section 1415 of this title](/usc/20/1415.md), that describes any evaluation procedures such agency proposes to conduct.
  - (2) **Conduct of evaluation—** In conducting the evaluation, the [local educational agency](/usc/20/1401.md?p=19-A) shall—
    - (A) use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the [parent](/usc/20/1401.md?p=23), that may assist in determining—
      - (i) whether the child is a [child with a disability](/usc/20/1401.md?p=3-A); and
      - (ii) the content of the child’s [individualized education program](/usc/20/1401.md?p=14), including information related to enabling the child to be involved in and progress in the general education curriculum, or, for preschool children, to participate in appropriate activities;
    - (B) not use any single measure or assessment as the sole criterion for determining whether a child is a [child with a disability](/usc/20/1401.md?p=3-A) or determining an appropriate educational program for the child; and
    - (C) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.
  - (3) **Additional requirements—** Each [local educational agency](/usc/20/1401.md?p=19-A) shall ensure that—
    - (A) assessments and other evaluation materials used to assess a child under this section—
      - (i) are selected and administered so as not to be discriminatory on a racial or cultural basis;
      - (ii) are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide or administer;
      - (iii) are used for purposes for which the assessments or measures are valid and reliable;
      - (iv) are administered by trained and knowledgeable [personnel](/usc/20/1451.md?p=b); and
      - (v) are administered in accordance with any instructions provided by the producer of such assessments;
    - (B) the child is assessed in all areas of suspected disability;
    - (C) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided; and
    - (D) assessments of children with disabilities who transfer from 1 school district to another school district in the same academic year are coordinated with such children’s prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.
  - (4) **Determination of eligibility and educational need—** Upon completion of the administration of assessments and other evaluation measures—
    - (A) the determination of whether the child is a [child with a disability](/usc/20/1401.md?p=3-A) as defined in [section 1401(3) of this title](/usc/20/1401.md?p=3) and the educational needs of the child shall be made by a team of qualified professionals and the [parent](/usc/20/1401.md?p=23) of the child in accordance with [paragraph (5)](#b-5); and
    - (B) a copy of the evaluation report and the documentation of determination of eligibility shall be given to the [parent](/usc/20/1401.md?p=23).
  - (5) **Special rule for eligibility determination—** In making a determination of eligibility under [paragraph (4)(A)](#b-4-A), a child shall not be determined to be a [child with a disability](/usc/20/1401.md?p=3-A) if the determinant factor for such determination is—
    - (A) lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in [section 6368(3) of this title](https://uscode.house.gov/view.xhtml?req=(/us/usc/t20/s6368/3)), as such section was in effect on the day before December 10, 2015);
    - (B) lack of instruction in math; or
    - (C) limited English proficiency.
  - (6) **Specific learning disabilities—**
    - (A) **In general—** Notwithstanding [section 1406(b) of this title](/usc/20/1406.md?p=b), when determining whether a child has a [specific learning disability](/usc/20/1401.md?p=30-A) as defined in [section 1401 of this title](/usc/20/1401.md), a [local educational agency](/usc/20/1401.md?p=19-A) shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning.
    - (B) **Additional authority—** In determining whether a child has a [specific learning disability](/usc/20/1401.md?p=30-A), a [local educational agency](/usc/20/1401.md?p=19-A) may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures described in paragraphs [(2)](#b-2) and [(3)](#b-3).
- (c) **Additional requirements for evaluation and reevaluations—**
  - (1) **Review of existing evaluation data—** As part of an initial evaluation (if appropriate) and as part of any reevaluation under this section, the [IEP](/usc/20/1401.md?p=14) Team and other qualified professionals, as appropriate, shall—
    - (A) review existing evaluation data on the child, including—
      - (i) evaluations and information provided by the [parents](/usc/20/1401.md?p=23) of the child;
      - (ii) current classroom-based, local, or [State](/usc/20/1401.md?p=31) assessments, and classroom-based observations; and
      - (iii) observations by teachers and [related services](/usc/20/1401.md?p=26-A) providers; and
    - (B) on the basis of that review, and input from the child’s [parents](/usc/20/1401.md?p=23), identify what additional data, if any, are needed to determine—
      - (i) whether the child is a [child with a disability](/usc/20/1401.md?p=3-A) as defined in [section 1401(3) of this title](/usc/20/1401.md?p=3), and the educational needs of the child, or, in case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs;
      - (ii) the present levels of academic achievement and related developmental needs of the child;
      - (iii) whether the child needs [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A), or in the case of a reevaluation of a child, whether the child continues to need [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A); and
      - (iv) whether any additions or modifications to the [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A) are needed to enable the child to meet the measurable annual goals set out in the [individualized education program](/usc/20/1401.md?p=14) of the child and to participate, as appropriate, in the general education curriculum.
  - (2) **Source of data—** The [local educational agency](/usc/20/1401.md?p=19-A) shall administer such assessments and other evaluation measures as may be needed to produce the data identified by the [IEP](/usc/20/1401.md?p=14) Team under [paragraph (1)(B)](#c-1-B).
  - (3) **Parental consent—** Each [local educational agency](/usc/20/1401.md?p=19-A) shall obtain informed parental consent, in accordance with [subsection (a)(1)(D)](#a-1-D), prior to conducting any reevaluation of a [child with a disability](/usc/20/1401.md?p=3-A), except that such informed parental consent need not be obtained if the [local educational agency](/usc/20/1401.md?p=19-A) can demonstrate that it had taken reasonable measures to obtain such consent and the child’s [parent](/usc/20/1401.md?p=23) has failed to respond.
  - (4) **Requirements if additional data are not needed—** If the [IEP](/usc/20/1401.md?p=14) Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a [child with a disability](/usc/20/1401.md?p=3-A) and to determine the child’s educational needs, the [local educational agency](/usc/20/1401.md?p=19-A)—
    - (A) shall notify the child’s [parents](/usc/20/1401.md?p=23) of—
      - (i) that determination and the reasons for the determination; and
      - (ii) the right of such [parents](/usc/20/1401.md?p=23) to request an assessment to determine whether the child continues to be a [child with a disability](/usc/20/1401.md?p=3-A) and to determine the child’s educational needs; and
    - (B) shall not be required to conduct such an assessment unless requested to by the child’s [parents](/usc/20/1401.md?p=23).
  - (5) **Evaluations before change in eligibility—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#c-5-B), a [local educational agency](/usc/20/1401.md?p=19-A) shall evaluate a [child with a disability](/usc/20/1401.md?p=3-A) in accordance with this section before determining that the child is no longer a [child with a disability](/usc/20/1401.md?p=3-A).
    - (B) **Exception—**
      - (i) **In general—** The evaluation described in [subparagraph (A)](#c-5-A) shall not be required before the termination of a child’s eligibility under this subchapter due to graduation from [secondary school](/usc/20/1401.md?p=27) with a regular diploma, or due to exceeding the age eligibility for a [free appropriate public education](/usc/20/1401.md?p=9) under [State](/usc/20/1401.md?p=31) law.
      - (ii) **Summary of performance—** For a child whose eligibility under this subchapter terminates under circumstances described in [clause (i)](#c-5-B-i), a [local educational agency](/usc/20/1401.md?p=19-A) shall provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals.
- (d) **Individualized education programs—**
  - (1) **Definitions—** In this chapter:
    - (A) **Individualized education program—**
      - (i) **In general—** The term “[individualized education program](/usc/20/1401.md?p=14)” or “[IEP](/usc/20/1401.md?p=14)” means a written statement for each [child with a disability](/usc/20/1401.md?p=3-A) that is developed, reviewed, and revised in accordance with this section and that includes—
        - (I) a statement of the child’s present levels of academic achievement and functional performance, including—
          - (aa) how the child’s disability affects the child’s involvement and progress in the general education curriculum;
          - (bb) for preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities; and
          - (cc) for children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;
        - (II) a statement of measurable annual goals, including academic and functional goals, designed to—
          - (aa) meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and
          - (bb) meet each of the child’s other educational needs that result from the child’s disability;
        - (III) a description of how the child’s progress toward meeting the annual goals described in [subclause (II)](#d-1-A-i-II) will be measured and when periodic reports on the progress the child is making toward 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;
        - (IV) a statement of the [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A) and [supplementary aids and services](/usc/20/1401.md?p=33), based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school [personnel](/usc/20/1451.md?p=b) that will be provided for the child—
          - (aa) to advance appropriately toward attaining the annual goals;
          - (bb) to be involved in and make progress in the general education curriculum in accordance with [subclause (I)](#d-1-A-i-I) and to participate in extracurricular and other nonacademic activities; and
          - (cc) to be educated and participate with other children with disabilities and nondisabled children in the activities described in this subparagraph;
        - (V) an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in [subclause (IV)(cc)](#d-1-A-i-IV-cc);
        - (VI)
          - (aa) a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on [State](/usc/20/1401.md?p=31) and districtwide assessments consistent with [section 1412(a)(16)(A) of this title](/usc/20/1412.md?p=a-16-A); and
          - (bb) if the [IEP](/usc/20/1401.md?p=14) Team determines that the child shall take an alternate assessment on a particular [State](/usc/20/1401.md?p=31) or districtwide assessment of student achievement, a statement of why—
            - (AA) the child cannot participate in the regular assessment; and
            - (BB) the particular alternate assessment selected is appropriate for the child;
        - (VII) the projected date for the beginning of the services and modifications described in [subclause (IV)](#d-1-A-i-IV), and the anticipated frequency, location, and duration of those services and modifications; and
        - (VIII) beginning not later than the first [IEP](/usc/20/1401.md?p=14) to be in effect when the child is 16, and updated annually thereafter—
          - (aa) appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills;
          - (bb) the [transition services](/usc/20/1401.md?p=34) (including courses of study) needed to assist the child in reaching those goals; and
          - (cc) beginning not later than 1 year before the child reaches the age of majority under [State](/usc/20/1401.md?p=31) law, a statement that the child has been informed of the child’s rights under this chapter, if any, that will transfer to the child on reaching the age of majority under [section 1415(m) of this title](/usc/20/1415.md?p=m).
      - (ii) **Rule of construction—** Nothing in this section shall be construed to require—
        - (I) that additional information be included in a child’s [IEP](/usc/20/1401.md?p=14) beyond what is explicitly required in this section; and
        - (II) the [IEP](/usc/20/1401.md?p=14) Team to include information under 1 component of a child’s [IEP](/usc/20/1401.md?p=14) that is already contained under another component of such [IEP](/usc/20/1401.md?p=14).
    - (B) **Individualized education program team—** The term “[individualized education program](/usc/20/1401.md?p=14) team” or “[IEP](/usc/20/1401.md?p=14) Team” means a group of individuals composed of—
      - (i) the [parents](/usc/20/1401.md?p=23) of a [child with a disability](/usc/20/1401.md?p=3-A);
      - (ii) not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment);
      - (iii) not less than 1 [special education](/usc/20/1401.md?p=29) teacher, or where appropriate, not less than 1 [special education](/usc/20/1401.md?p=29) provider of such child;
      - (iv) a representative of the [local educational agency](/usc/20/1401.md?p=19-A) who—
        - (I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
        - (II) is knowledgeable about the general education curriculum; and
        - (III) is knowledgeable about the availability of resources of the [local educational agency](/usc/20/1401.md?p=19-A);
      - (v) an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses [(ii)](#d-1-B-ii) through [(vi)](#d-1-B-vi);
      - (vi) at the discretion of the [parent](/usc/20/1401.md?p=23) or the agency, other individuals who have knowledge or special expertise regarding the child, including [related services](/usc/20/1401.md?p=26-A) [personnel](/usc/20/1451.md?p=b) as appropriate; and
      - (vii) whenever appropriate, the [child with a disability](/usc/20/1401.md?p=3-A).
    - (C) **IEP Team attendance—**
      - (i) **Attendance not necessary—** A member of the [IEP](/usc/20/1401.md?p=14) Team shall not be required to attend an [IEP](/usc/20/1401.md?p=14) meeting, in whole or in part, if the [parent](/usc/20/1401.md?p=23) of a [child with a disability](/usc/20/1401.md?p=3-A) and the [local educational agency](/usc/20/1401.md?p=19-A) agree that the attendance of such member is not necessary because the member’s area of the curriculum or [related services](/usc/20/1401.md?p=26-A) is not being modified or discussed in the meeting.
      - (ii) **Excusal—** A member of the [IEP](/usc/20/1401.md?p=14) Team may be excused from attending an [IEP](/usc/20/1401.md?p=14) meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or [related services](/usc/20/1401.md?p=26-A), if—
        - (I) the [parent](/usc/20/1401.md?p=23) and the [local educational agency](/usc/20/1401.md?p=19-A) consent to the excusal; and
        - (II) the member submits, in writing to the [parent](/usc/20/1401.md?p=23) and the [IEP](/usc/20/1401.md?p=14) Team, input into the development of the [IEP](/usc/20/1401.md?p=14) prior to the meeting.
      - (iii) **Written agreement and consent required—** A [parent](/usc/20/1401.md?p=23)’s agreement under [clause (i)](#d-1-C-i) and consent under [clause (ii)](#d-1-C-ii) shall be in writing.
    - (D) **IEP Team transition—** In the case of a child who was previously served under subchapter III, an invitation to the initial [IEP](/usc/20/1401.md?p=14) meeting shall, at the request of the [parent](/usc/20/1401.md?p=23), be sent to the subchapter III service coordinator or other representatives of the subchapter III system to assist with the smooth transition of services.
  - (2) **Requirement that program be in effect—**
    - (A) **In general—** At the beginning of each school year, each [local educational agency](/usc/20/1401.md?p=19-A), [State educational agency](/usc/20/1401.md?p=32), or other [State](/usc/20/1401.md?p=31) agency, as the case may be, shall have in effect, for each [child with a disability](/usc/20/1401.md?p=3-A) in the agency’s jurisdiction, an [individualized education program](/usc/20/1401.md?p=14), as defined in [paragraph (1)(A)](#d-1-A).
    - (B) **Program for child aged 3 through 5—** In the case of a [child with a disability](/usc/20/1401.md?p=3-A) aged 3 through 5 (or, at the discretion of the [State educational agency](/usc/20/1401.md?p=32), a 2-year-old [child with a disability](/usc/20/1401.md?p=3-A) who will turn age 3 during the school year), the [IEP](/usc/20/1401.md?p=14) Team shall consider the [individualized family service plan](/usc/20/1401.md?p=15) that contains the material described in [section 1436 of this title](/usc/20/1436.md), and that is developed in accordance with this section, and the [individualized family service plan](/usc/20/1401.md?p=15) may serve as the [IEP](/usc/20/1401.md?p=14) of the child if using that plan as the [IEP](/usc/20/1401.md?p=14) is—
      - (i) consistent with [State](/usc/20/1401.md?p=31) policy; and
      - (ii) agreed to by the agency and the child’s [parents](/usc/20/1401.md?p=23).
    - (C) **Program for children who transfer school districts—**
      - (i) **In general—**
        - (I) **Transfer within the same State—** In the case of a [child with a disability](/usc/20/1401.md?p=3-A) who transfers school districts within the same academic year, who enrolls in a new school, and who had an [IEP](/usc/20/1401.md?p=14) that was in effect in the same [State](/usc/20/1401.md?p=31), the [local educational agency](/usc/20/1401.md?p=19-A) shall provide such child with a [free appropriate public education](/usc/20/1401.md?p=9), including services comparable to those described in the previously held [IEP](/usc/20/1401.md?p=14), in consultation with the [parents](/usc/20/1401.md?p=23) until such time as the [local educational agency](/usc/20/1401.md?p=19-A) adopts the previously held [IEP](/usc/20/1401.md?p=14) or develops, adopts, and implements a new [IEP](/usc/20/1401.md?p=14) that is consistent with Federal and [State](/usc/20/1401.md?p=31) law.
        - (II) **Transfer outside State—** In the case of a [child with a disability](/usc/20/1401.md?p=3-A) who transfers school districts within the same academic year, who enrolls in a new school, and who had an [IEP](/usc/20/1401.md?p=14) that was in effect in another [State](/usc/20/1401.md?p=31), the [local educational agency](/usc/20/1401.md?p=19-A) shall provide such child with a [free appropriate public education](/usc/20/1401.md?p=9), including services comparable to those described in the previously held [IEP](/usc/20/1401.md?p=14), in consultation with the [parents](/usc/20/1401.md?p=23) until such time as the [local educational agency](/usc/20/1401.md?p=19-A) conducts an evaluation pursuant to [subsection (a)(1)](#a-1), if determined to be necessary by such agency, and develops a new [IEP](/usc/20/1401.md?p=14), if appropriate, that is consistent with Federal and [State](/usc/20/1401.md?p=31) law.
      - (ii) **Transmittal of records—** To facilitate the transition for a child described in [clause (i)](#d-2-C-i)—
        - (I) the new school in which the child enrolls shall take reasonable steps to promptly obtain the child’s records, including the [IEP](/usc/20/1401.md?p=14) and supporting documents and any other records relating to the provision of [special education](/usc/20/1401.md?p=29) or [related services](/usc/20/1401.md?p=26-A) to the child, from the previous school in which the child was enrolled, pursuant to section 99.31(a)(2) of title 34, Code of Federal Regulations; and
        - (II) the previous school in which the child was enrolled shall take reasonable steps to promptly respond to such request from the new school.
  - (3) **Development of IEP—**
    - (A) **In general—** In developing each child’s [IEP](/usc/20/1401.md?p=14), the [IEP](/usc/20/1401.md?p=14) Team, subject to [subparagraph (C)](#d-3-C), shall consider—
      - (i) the strengths of the child;
      - (ii) the concerns of the [parents](/usc/20/1401.md?p=23) for enhancing the education of their child;
      - (iii) the results of the initial evaluation or most recent evaluation of the child; and
      - (iv) the academic, developmental, and functional needs of the child.
    - (B) **Consideration of special factors—** The [IEP](/usc/20/1401.md?p=14) Team shall—
      - (i) in the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;
      - (ii) in the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child’s [IEP](/usc/20/1401.md?p=14);
      - (iii) in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the [IEP](/usc/20/1401.md?p=14) Team determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child’s future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;
      - (iv) consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child’s language and communication needs, opportunities for direct communications with peers and professional [personnel](/usc/20/1451.md?p=b) in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode; and
      - (v) consider whether the child needs [assistive technology devices](/usc/20/1401.md?p=1-A) and services.
    - (C) **Requirement with respect to regular education teacher—** A regular education teacher of the child, as a member of the [IEP](/usc/20/1401.md?p=14) Team, shall, to the extent appropriate, participate in the development of the [IEP](/usc/20/1401.md?p=14) of the child, including the determination of appropriate positive behavioral interventions and supports, and other strategies, and the determination of [supplementary aids and services](/usc/20/1401.md?p=33), program modifications, and support for school [personnel](/usc/20/1451.md?p=b) consistent with [paragraph (1)(A)(i)(IV)](#d-1-A-i-IV).
    - (D) **Agreement—** In making changes to a child’s [IEP](/usc/20/1401.md?p=14) after the annual [IEP](/usc/20/1401.md?p=14) meeting for a school year, the [parent](/usc/20/1401.md?p=23) of a [child with a disability](/usc/20/1401.md?p=3-A) and the [local educational agency](/usc/20/1401.md?p=19-A) may agree not to convene an [IEP](/usc/20/1401.md?p=14) meeting for the purposes of making such changes, and instead may develop a written document to amend or modify the child’s current [IEP](/usc/20/1401.md?p=14).
    - (E) **Consolidation of IEP Team meetings—** To the extent possible, the [local educational agency](/usc/20/1401.md?p=19-A) shall encourage the consolidation of reevaluation meetings for the child and other [IEP](/usc/20/1401.md?p=14) Team meetings for the child.
    - (F) **Amendments—** Changes to the [IEP](/usc/20/1401.md?p=14) may be made either by the entire [IEP](/usc/20/1401.md?p=14) Team or, as provided in [subparagraph (D)](#d-3-D), by amending the [IEP](/usc/20/1401.md?p=14) rather than by redrafting the entire [IEP](/usc/20/1401.md?p=14). Upon request, a [parent](/usc/20/1401.md?p=23) shall be provided with a revised copy of the [IEP](/usc/20/1401.md?p=14) with the amendments incorporated.
  - (4) **Review and revision of IEP—**
    - (A) **In general—** The [local educational agency](/usc/20/1401.md?p=19-A) shall ensure that, subject to [subparagraph (B)](#d-4-B), the [IEP](/usc/20/1401.md?p=14) Team—
      - (i) reviews the child’s [IEP](/usc/20/1401.md?p=14) periodically, but not less frequently than annually, to determine whether the annual goals for the child are being achieved; and
      - (ii) revises the [IEP](/usc/20/1401.md?p=14) as appropriate to address—
        - (I) any lack of expected progress toward the annual goals and in the general education curriculum, where appropriate;
        - (II) the results of any reevaluation conducted under this section;
        - (III) information about the child provided to, or by, the [parents](/usc/20/1401.md?p=23), as described in [subsection (c)(1)(B)](#c-1-B);
        - (IV) the child’s anticipated needs; or
        - (V) other matters.
    - (B) **Requirement with respect to regular education teacher—** A regular education teacher of the child, as a member of the [IEP](/usc/20/1401.md?p=14) Team, shall, consistent with [paragraph (1)(C)](#d-1-C), participate in the review and revision of the [IEP](/usc/20/1401.md?p=14) of the child.
  - (5) **Multi-year IEP demonstration—**
    - (A) **Pilot program—**
      - (i) **Purpose—** The purpose of this paragraph is to provide an opportunity for [States](/usc/20/1401.md?p=31) to allow [parents](/usc/20/1401.md?p=23) and [local educational agencies](/usc/20/1401.md?p=19-A) the opportunity for long-term planning by offering the option of developing a comprehensive multi-year [IEP](/usc/20/1401.md?p=14), not to exceed 3 years, that is designed to coincide with the natural transition points for the child.
      - (ii) **Authorization—** In order to carry out the purpose of this paragraph, the [Secretary](/usc/20/1401.md?p=28) is authorized to approve not more than 15 proposals from [States](/usc/20/1401.md?p=31) to carry out the activity described in [clause (i)](#d-5-A-i).
      - (iii) **Proposal—**
        - (I) **In general—** A [State](/usc/20/1401.md?p=31) desiring to participate in the program under this paragraph shall submit a proposal to the [Secretary](/usc/20/1401.md?p=28) at such time and in such manner as the [Secretary](/usc/20/1401.md?p=28) may reasonably require.
        - (II) **Content—** The proposal shall include—
          - (aa) assurances that the development of a multi-year [IEP](/usc/20/1401.md?p=14) under this paragraph is optional for [parents](/usc/20/1401.md?p=23);
          - (bb) assurances that the [parent](/usc/20/1401.md?p=23) is required to provide informed consent before a comprehensive multi-year [IEP](/usc/20/1401.md?p=14) is developed;
          - (cc) a list of required elements for each multi-year [IEP](/usc/20/1401.md?p=14), including—
            - (AA) measurable goals pursuant to [paragraph (1)(A)(i)(II)](#d-1-A-i-II), coinciding with natural transition points for the child, that will enable the child to be involved in and make progress in the general education curriculum and that will meet the child’s other needs that result from the child’s disability; and
            - (BB) measurable annual goals for determining progress toward meeting the goals described in subitem (AA); and
          - (dd) a description of the process for the review and revision of each multi-year [IEP](/usc/20/1401.md?p=14), including—
            - (AA) a review by the [IEP](/usc/20/1401.md?p=14) Team of the child’s multi-year [IEP](/usc/20/1401.md?p=14) at each of the child’s natural transition points;
            - (BB) in years other than a child’s natural transition points, an annual review of the child’s [IEP](/usc/20/1401.md?p=14) to determine the child’s current levels of progress and whether the annual goals for the child are being achieved, and a requirement to amend the [IEP](/usc/20/1401.md?p=14), as appropriate, to enable the child to continue to meet the measurable goals set out in the [IEP](/usc/20/1401.md?p=14);
            - (CC) if the [IEP](/usc/20/1401.md?p=14) Team determines on the basis of a review that the child is not making sufficient progress toward the goals described in the multi-year [IEP](/usc/20/1401.md?p=14), a requirement that the [local educational agency](/usc/20/1401.md?p=19-A) shall ensure that the [IEP](/usc/20/1401.md?p=14) Team carries out a more thorough review of the [IEP](/usc/20/1401.md?p=14) in accordance with [paragraph (4)](#d-4) within 30 calendar days; and
            - (DD) at the request of the [parent](/usc/20/1401.md?p=23), a requirement that the [IEP](/usc/20/1401.md?p=14) Team shall conduct a review of the child’s multi-year [IEP](/usc/20/1401.md?p=14) rather than or subsequent to an annual review.
    - (B) **Report—** Beginning 2 years after December 3, 2004, the [Secretary](/usc/20/1401.md?p=28) shall submit an annual report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate regarding the effectiveness of the program under this paragraph and any specific recommendations for broader implementation of such program, including—
      - (i) reducing—
        - (I) the paperwork burden on teachers, principals, administrators, and related service providers; and
        - (II) noninstructional time spent by teachers in complying with this subchapter;
      - (ii) enhancing longer-term educational planning;
      - (iii) improving positive outcomes for children with disabilities;
      - (iv) promoting collaboration between [IEP](/usc/20/1401.md?p=14) Team members; and
      - (v) ensuring satisfaction of family members.
    - (C) **Definition—** In this paragraph, the term “natural transition points” means those periods that are close in time to the transition of a [child with a disability](/usc/20/1401.md?p=3-A) from preschool to elementary grades, from elementary grades to middle or junior high school grades, from middle or junior high school grades to [secondary school](/usc/20/1401.md?p=27) grades, and from [secondary school](/usc/20/1401.md?p=27) grades to post-secondary activities, but in no case a period longer than 3 years.
  - (6) **Failure to meet transition objectives—** If a participating agency, other than the [local educational agency](/usc/20/1401.md?p=19-A), fails to provide the [transition services](/usc/20/1401.md?p=34) described in the [IEP](/usc/20/1401.md?p=14) in accordance with [paragraph (1)(A)(i)(VIII)](#d-1-A-i-VIII), the [local educational agency](/usc/20/1401.md?p=19-A) shall reconvene the [IEP](/usc/20/1401.md?p=14) Team to identify alternative strategies to meet the transition objectives for the child set out in the [IEP](/usc/20/1401.md?p=14).
  - (7) **Children with disabilities in adult prisons—**
    - (A) **In general—** The following requirements shall not apply to children with disabilities who are convicted as adults under [State](/usc/20/1401.md?p=31) law and incarcerated in adult prisons:
      - (i) The requirements contained in [section 1412(a)(16) of this title](/usc/20/1412.md?p=a-16) and [paragraph (1)(A)(i)(VI)](#d-1-A-i-VI) (relating to participation of children with disabilities in general assessments).
      - (ii) The requirements of items [(aa)](#d-1-A-i-VIII-aa) and [(bb)](#d-1-A-i-VIII-bb) of paragraph (1)(A)(i)(VIII) (relating to transition planning and [transition services](/usc/20/1401.md?p=34)), do not apply with respect to such children whose eligibility under this subchapter will end, because of such children’s age, before such children will be released from prison.
    - (B) **Additional requirement—** If a [child with a disability](/usc/20/1401.md?p=3-A) is convicted as an adult under [State](/usc/20/1401.md?p=31) law and incarcerated in an adult prison, the child’s [IEP](/usc/20/1401.md?p=14) Team may modify the child’s [IEP](/usc/20/1401.md?p=14) or placement notwithstanding the requirements of sections[^1] [1412(a)(5)(A)](/usc/20/1412.md?p=a-5-A) of this title and [paragraph (1)(A)](#d-1-A) if the [State](/usc/20/1401.md?p=31) has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.
- (e) **Educational placements—** Each [local educational agency](/usc/20/1401.md?p=19-A) or [State educational agency](/usc/20/1401.md?p=32) shall ensure that the [parents](/usc/20/1401.md?p=23) of each [child with a disability](/usc/20/1401.md?p=3-A) are members of any group that makes decisions on the educational placement of their child.
- (f) **Alternative means of meeting participation—** When conducting [IEP](/usc/20/1401.md?p=14) team[^2] meetings and placement meetings pursuant to this section, [section 1415(e) of this title](/usc/20/1415.md?p=e), and [section 1415(f)(1)(B) of this title](/usc/20/1415.md?p=f-1-B), and carrying out administrative matters under [section 1415 of this title](/usc/20/1415.md) (such as scheduling, exchange of witness lists, and status conferences), the [parent](/usc/20/1401.md?p=23) of a [child with a disability](/usc/20/1401.md?p=3-A) and a [local educational agency](/usc/20/1401.md?p=19-A) may agree to use alternative means of meeting participation, such as video conferences and conference calls.

## Footnotes

[^1]: So in original. Probably should be “section”.
[^2]: So in original. Probably should be capitalized.

## Source credit

(Pub. L. 91–230, title VI, § 614, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2702; amended Pub. L. 114–95, title IX, § 9215(ss)(5), Dec. 10, 2015, 129 Stat. 2182.)

## Notes

### Editorial Notes

### References in Text

Section 6368(3) of this title, as such section was in effect on the day before December 10, 2015, referred to in subsec. (b)(5)(A), means section 6368(3) of this title prior to being omitted in the general amendment of part B of subchapter I of chapter 70 of this title by Pub. L. 114–95, title I, § 1201, Dec. 10, 2015, 129 Stat. 1879.

### Prior Provisions

A prior section 1414, Pub. L. 91–230, title VI, § 614, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 81, related to evaluations, eligibility determinations, individualized education programs, and educational placements, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.

Another prior section 1414, Pub. L. 91–230, title VI, § 614, Apr. 13, 1970, 84 Stat. 181; Pub. L. 94–142, § 5(a), Nov. 29, 1975, 89 Stat. 784; Pub. L. 98–199, § 3(b), Dec. 2, 1983, 97 Stat. 1358; Pub. L. 100–630, title I, § 102(d), Nov. 7, 1988, 102 Stat. 3293; Pub. L. 101–476, title IX, § 901(b)(59)–(70), Oct. 30, 1990, 104 Stat. 1144, 1145; Pub. L. 102–119, §§ 6, 25(b), Oct. 7, 1991, 105 Stat. 591, 607, related to requisite features of an application, approval of application by State educational agency, consolidated applications of local educational agencies, and provision of special education and related services directly to children with disabilities in areas not served by local educational agency, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.

A prior section 1414a, Pub. L. 91–230, title VI, § 614A, as added Pub. L. 103–382, title III, § 312, Oct. 20, 1994, 108 Stat. 3934, which related to treatment of State agencies that received funds for fiscal year 1994 under subpart 2 of part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (as in existence on the day preceding Oct. 20, 1994), was omitted in the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.

### Amendments

2015—Subsec. (b)(5)(A). Pub. L. 114–95 inserted “, as such section was in effect on the day before December 10, 2015” after “of this title”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.