C.F.R. » Title 34 » CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION › PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES › Subpart D—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements

34 C.F.R. § 300.320

Definition of individualized education program

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(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§ 300.320 through 300.324, and that must include—

(1) A statement of the child's present levels of academic achievement and functional performance, including—

(i) How the child's disability affects the child's involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or

(ii) For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;

(2)(i) A statement of measurable annual goals, including academic and functional goals designed to—

(A) 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

(B) Meet each of the child's other educational needs that result from the child's disability;

(ii) For children with disabilities who take alternate assessments aligned to alternate academic achievement standards, a description of benchmarks or short-term objectives;

(3) A description of—

(i) How the child's progress toward meeting the annual goals described in paragraph (2) of this section will be measured; and

(ii) 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;

(4) A statement of the special education and related services and supplementary aids and services, 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 that will be provided to enable the child—

(i) To advance appropriately toward attaining the annual goals;

(ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and

(iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section;

(5) 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 paragraph (a)(4) of this section;

(6)(i) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments consistent with section 612(a)(16) of the Act; and

(ii) If the IEP Team determines that the child must take an alternate assessment instead of a particular regular State or districtwide assessment of student achievement, a statement of why—

(A) The child cannot participate in the regular assessment; and

(B) The particular alternate assessment selected is appropriate for the child; and

(7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications.

(b) Transition services. Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include—

(1) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and

(2) The transition services (including courses of study) needed to assist the child in reaching those goals.

(c) Transfer of rights at age of majority. Beginning not later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child's rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority under § 300.520.

(d) Construction. Nothing in this section shall be construed to require—

(1) That additional information be included in a child's IEP beyond what is explicitly required in section 614 of the Act; or

(2) 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.

(Authority: 20 U.S.C. 1414(d)(1)(A) and (d)(6)) [71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61307, Oct. 30, 2007]
Notes of Decisions
Cited in 127 cases (28 in the last 5 years), 2003–2026 · leading case: L.D.R. by WAGNER v. Berryhill, 920 F.3d 1146 (7th Cir. 2019).
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L.D.R. by WAGNER v. Berryhill, 920 F.3d 1146 (7th Cir. 2019). “§ 1414 (d)(1)(A) and (d)(6) (statutory authority for IEP); 34 C.F.R. § 300.320 (definition of IEP). 2 The earliest a claimant can receive social security benefits is the month after the month of application.”
Payne Ex Rel. D.P. v. Peninsula Sch. Dist., 653 F.3d 863 (9th Cir. 2011). · cites it 2× “34 C.F.R. § 300.320 . An IEP must be reviewed and renewed at least annually.”
M.H. Ex Rel. P.H. v. New York City Dep't of Educ., 712 F. Supp. 2d 125 (S.D.N.Y. 2010). · cites it 3× “4(d)(2); see 34 C.F.R. §§ 300.320 (a)(2)-(3) (setting forth substantially the same requirements).”
Indep. Sch. Dist. No. 12 v. Minnesota Dep't of Educ., 788 N.W.2d 907 (Minn. 2010). · cites it 6× “The parties here focus on three IDEA regulations: 34 C.F.R. §§ 300.320 , 300.107, and 300.117 (2010).”
M.H. v. New York City Dep't of Educ., 685 F.3d 217 (2d Cir. 2012). “Specifically with respect to the goals that must be included in any IEP, the IDEA and its regulations require that the IEP include short-term and long-term academic and nonacademic goals for each student, as well as evaluative procedures for measuring a student’s progress in…”
GB v. New York City Dep't of Educ., 145 F. Supp. 3d 230 (S.D.N.Y. 2015). · cites it 3× “§ 1414 (d)(4)(A)(i); 34 C.F.R. § 300.320 (a)(1); see also 8 NYCRR § 200.”
Hunt v. Sycamore Cmty. Sch. Dist. Bd. of Educ., 542 F.3d 529 (6th Cir. 2008). “In order to comply with the Individuals with Disabilities Education Act, the school district is, of course, obliged to provide a free appropriate public education to children with disabilities, 20 U.”
Ridley Sch. Dist. v. M.R., 680 F.3d 260 (3rd Cir. 2012). “” 34 C.F.R. § 300.320 (a)(4). Congress amended the IDEA in 1997 and 2004, in part, to respond to concerns that the statute “ha[d] been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children…”
Ms. M. v. Falmouth Sch. Dep't, 847 F.3d 19 (1st Cir. 2017). “§ 1414 (d)(l)(A)(iv) (noting that IEP services must be based on, to the extent practicable, “peer-reviewed research”); 34 C.F.R. § 300.320 (a)(4) (stating the same).”
T.M. v. Quakertown Cmty. Sch. Dist., 251 F. Supp. 3d 792 (E.D. Pa. 2017). · cites it 2× “34 C.F.R. § 300.320 (a)(4). Regular progress monitoring, through periodic progress reports provided to the parents and the IEP team, is critical to a substantively appropriate IEP.”
Carrie I. ex rel. Greg I. v. Dep't of Educ., 869 F. Supp. 2d 1225 (D. Haw. 2012). · cites it 8× “See 34 C.F.R. § 300.320 (a)(2). 14 Such discussion, if it occurred, did not take place during the two IEP meetings.”
Lesesne v. Dist. of Columbia, 447 F.3d 828 (D.C. Cir. 2006). “§ 1414 (a)(1) (requiring an initial evaluation to determine whether a child is covered by IDEA); 34 C.F.R. § 300.320 (prescribing procedures for an “initial evaluation”); D.”
Show all 127 citing cases →
— 34 C.F.R. § 300.320(a)(2) — 4 cases
GB v. New York City Dep't of Educ., 145 F. Supp. 3d 230 (S.D.N.Y. 2015). “§ 1414 (d)(4)(A)(i); 34 C.F.R. § 300.320 (a)(1); see also 8 NYCRR § 200.”
R.B. v. New York City Dep't of Educ., 15 F. Supp. 3d 421 (S.D.N.Y. 2014).
L.O. ex rel. K.T. v. New York City Dep't of Educ., 94 F. Supp. 3d 530 (S.D.N.Y. 2015).
Klein Indep. Sch. Dist. v. Hovem, 745 F. Supp. 2d 700 (S.D. Tex. 2010).
— 34 C.F.R. § 300.320(a)(2)(i) — 1 case
N.K.M. v. Rye City Sch. Dist. (S.D.N.Y. 2024).
— 34 C.F.R. § 300.320(a)(3) — 2 cases
GB v. New York City Dep't of Educ., 145 F. Supp. 3d 230 (S.D.N.Y. 2015). “§ 1414 (d)(4)(A)(i); 34 C.F.R. § 300.320 (a)(1); see also 8 NYCRR § 200.”
N.K.M. v. Rye City Sch. Dist. (S.D.N.Y. 2024).
— 34 C.F.R. § 300.320(a)(6) — 1 case
Andra Barton v. State Bd. for Educator Certification, 382 S.W.3d 405 (Tex. App. 2012).
— 34 C.F.R. § 300.320(b) — 3 cases
C.W. v. City Sch. Dist., 171 F. Supp. 3d 126 (S.D.N.Y. 2016).
Jefferson Cnty. Bd. of Educ. v. Lolita S. ex rel. M.S., 977 F. Supp. 2d 1091 (N.D. Ala. 2013).
J.M. v. New York City Dep't of Educ., 171 F. Supp. 3d 236 (S.D.N.Y. 2016).
— 34 C.F.R. § 300.320(b)(1) — 1 case
Gagliardo v. Arlington Cent. Sch. Dist., 418 F. Supp. 2d 559 (S.D.N.Y. 2006).
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