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In an attempt to ease the paperwork and administrative burden of IDEA, Congress required the U.S. Department of Education (ED) to publish and widely disseminate "model forms" that are consistent with the requirements of IDEA and "sufficient" to meet those requirements. Specifically, IDEA 2004 requires forms for the Individualized Education Program (IEP), notice of procedural safeguards (explaining parental rights under Part B of IDEA), and prior written notice (when a school district proposes or refuses to take action regarding the educational program of a child with a disability). These forms describe the minimum content that is needed to comply with the regulatory requirements for these topics.
States are not required to use the format or specific language reflected in the model forms. They may choose to add additional content to their forms, so long as any additional content is not inconsistent with Part B requirements. However, section 300.199 of the final regulations requires states to identify in writing to local districts and to the Secretary of Education any rule, regulations, or policy as a state-imposed requirement that is not required by IDEA or its regulations. In its discussion, ED notes that this applies to state IEP forms that require information beyond that explicitly required in IDEA. Furthermore, the regulations require states to minimize the number of rules, regulations, and policies to which districts and schools are subject.
Visit www.ed.gov/IDEA to download the model forms for IEPs, Notice of Procedural Safeguards, and Prior Written Notice. The forms are also available by e-mail at mary.louise.dirrigl@ed.gov or phone at 202-245-7324.
—Kathleen Whitmire
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