How to Read an IEP: Maine
Understanding Special Factors, Accommodations, Modifications, & State Testing Supports
Maine IEP Guide: Accommodations, Modifications, and State Testing
What is the testing, accommodations, and modifications section?
Terminology on this can get murky, but every single IEP has a section where a student’s accommodations and modifications for the classroom and for assessments is listed. This information is almost always broken into two sections– one for classroom accommodations and modifications and for testing accommodations and modifications. Testing accommodations and modifications are often broken up into classroom testing and state testing. That’s because state testing is really rule bound. Each state has a list of accommodations and modifications that students can be offered on state tests– and those are pretty limited. Like a student might be offered breaks, extra time, a separate setting, and noise canceling headphones for a state test. For classroom tests or instruction, the IEP team can often write in their own accommodations. For example, a student might need to sit away from their besties or sit near a door or sit near a teacher. Each of those is a classroom accommodation that can be listed in an IEP. For testing, a student might get a separate setting, double time, math content read aloud, a study guide, or even a free retake of a test. Basically, expect to see very few accommodations for a state test, slightly more for a classroom test, and far more for classroom instruction where there is no state mandated rubric of options to limit what students get.
A few key notes. 1) Accommodations change how something is done, modifications change what is done. Confused? Check out the page on it!; 2) Accommodations and modifications are legally required. That means that a teacher can’t say nope, don’t want to do it.; 3) Accommodations and modifications can be changed at any point with an amendment. If there is something a student wants or needs that isn’t on the IEP, you can add it really easily. A student asked last month for a break in class to be added to the IEP so we did. The parent didn’t even come in– I just sent paperwork home. Another student wanted headphones to cancel out distractions so we added that. Accommodations are a great area for students to practice self-advocacy and very, very easy to change. Just not on state tests. State tests are rule bound and you have very limited options for providing students with extra support on them.
Where are testing, accommodations, and modifications in the IEP?
Highly variable! Typically towards the end of the IEP. Sometimes in the middle end, sometimes at the very end. These are pretty dry so they are normally pushed towards the end.
How do testing, accommodations, and modifications vary across districts and states?
One of the biggest variations is state to state on testing accommodations and modifications. California has listening to the math items as a state testing accommodation. New Hampshire doesn’t. There are significant variations state to state in this. A second common difference is in the layout. All districts list classroom and testing accommodations separately, but some break down testing accommodations into state and classroom and some do not.
The third, and biggest difference, is in what this section is called. A lot will state something like “Required testing and assessments.” That means what tests the students will take and what supports they will get on them. A few don’t call classroom accommodations and modifications that. They will instead call them “supplementary aids and services.” That means classroom accommodations and modifications. I don’t know why the terminology varies so much but if you see anything like extra time, breaks, preferential seating or read aloud, you are in the right section.
What does the IDEA law say about testing, accommodations, and modifications?
The Individuals with Disabilities Act says that students should receive accommodations for state testing that are “necessary to measure the academic achievement and functional performance.” It also says that students should be able to receive “supplementary aids and services” and “program modifications” in order to help them meet their goals.
What IDEA says in 34 C.F.R. § 300.320(a)(4-6) about accommodations:
(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;
(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;
This IEP comes from Lives in the Balance. See the full IEP here.
Because the images are hard to read, a transcript is below.
7. SUPPLEMENTARY AIDS, SERVICES, MODIFICATIONS AND/OR SUPPORTS
(MUSER IX.3.A.(1)(d) & (g))
In addition to ongoing classroom supports and services, supplemental aids, and modifications, a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district-wide and classroom assessments. (MUSER IX.3.A.(1)(f)(i))
A. Statement of supplementary aids, modifications, accommodations, services, and/or supports for SAU personnel
| Service/Support | Area | Location | Frequency | Duration Beginning/Ending Date |
|---|---|---|---|---|
| Access to Problem Solving Check sheet | ☑ Classroom instruction | Regular and Special Ed Settings | Ongoing | 5/20/18–5/9/2019 |
| ☑ Classroom Assessment | ||||
| ☐ District-wide Assessment | ||||
| ☐ State Assessment | ||||
| Think time when faced with difficult situations | ☑ Classroom instruction | Regular and Special Ed Settings | Ongoing | 5/20/18–5/9/2019 |
| ☑ Classroom Assessment | ||||
| ☐ District-wide Assessment | ||||
| ☐ State Assessment |
Final Revision (06/2017): Effective 08/01/2017
Individualized Education Program Page 8
Child’s Name: Student X Date: 5/9/17
| ☐ Classroom instruction | ☐ Classroom Assessment | ☐ District-wide Assessment | ☐ State Assessment |
|---|---|---|---|
| ☐ Other | ☐ Other |
B. Alternate Assessments
If the IEP Team determines that the child shall take an alternate assessment on a particular State or district-wide assessment of child achievement, a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child. (MUSER IX.3.A.(1)(f)(ii)(I)&(II))
Student X will participate in state and local assessments. NA on Alternate Assessment
What do I look for in the IEP to know if it is good?
If you are a general education teacher, this is the most important part of the IEP. You are legally bound to allow the accommodations and modifications listed on the IEP. If any of them don’t make sense or sound awful, speak up! If any are missing, speak up. Also know that, while some are written as needed, all are really as needed. The IEP might say testing in a separate room but if the student doesn’t want that or need that on a particular exam, it doesn’t have to happen. An IEP shouldn’t be a sledgehammer, forcing a student to do something. Instead, an IEP should be a tool that the student can draw on to be successful– and one you can draw on to support them. So if a student is really squirmy in whole class testing, you might want to push that separate room– or the student might ask for it. At the same time, you can’t say no to an accommodation or modification listed on an IEP. It is a legally binding document. You can however ask that a particular accommodation or modification be removed at an IEP meeting.
If you are a parent, you want to check that these make sense. A lot of times students get an accommodation in kindergarten that somehow carries until 9th grade and makes utterly no sense. General education teachers need to implement these– and your child might be forced to have these if you have an intense general education teacher– so make sure that you have all of the accommodations your child needs and no more and no weird ones in the IEP. I regularly get ones for a tenth grader that state a read aloud or other things that my student thinks is super baby-ish. That accommodation has probably sat in the IEP for 6 years. It needs to go. I like to review accommodations with my students and ask them what they like. Students need agency in their IEPs and this is the easiest place for your child to speak up– they know what they like and hate so ask them their opinion!
When and how should I get help?
It depends on who you are. If you are a parent, you have the right to show the IEP to anyone you want to get their thoughts on it– and the right to bring someone who has “knowledge or special expertise regarding the child” to the IEP meeting. To learn more about parents’ rights in IEP, visit our page on the rights hidden inside district procedural safeguards.
If you are a teacher at the school and are worried about the quality of the IEP goals, feel out the case manager. If you hit resistance, try meeting with a service provider at the school an administrator, or a special education teacher that you are more comfortable with– but try the case manager first to get a sense of what is going on.
Here is what IDEA says in 34 C.F.R. § 300.321(a)(6) about bringing people to meetings:
‘‘(vi) at the discretion of the parent or the agency,
other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
What are the disclaimers?
This website is not a lawyer or an educational advocate. Nothing on this site is, nor is intended to be, legal advice. The information here is for informational purposes only.
If you are worried about your student or child’s IEP, please reach out to a real, live human.
Many law schools have free educational law clinics for special education. Many larger districts employ ombudsmen to bridge the gap between parents and schools. Many regions and states have parent centers that can help parents connect to other parents and find resources in their community. All of those are free, as is talking through the paperwork with a friend. Educational advocates are often paid professionals with special expertise who can also help. While we are happy to address general questions about the IDEA law or IEP process, please note that any communication via email is for informational purposes only and cannot be treated as legal advice. You can email questions to rose@spedhelper.org.
Maine IEP Guide: Special Factors
What is the special factors IEP section?
On almost every district’s IEP there is a section explicitly titled special factors, because that is what the hodgepodge of things on that page is called in the federal law. IDEA states that IEP teams have to look at special factors that might impact a student’s learning in school including whether they are an English language learner, whether they are visually impaired, whether they are Deaf or hard of hearing, whether they have communication needs, whether they have behavioral challenges, or whether they would benefit from assistive technology like voice to text or an augmented communication device.
The way that most districts have operationalized this is by creating a page titled special factors with a lot of yes or no check boxes. Take Arizona for example. On the IEP, the team checks needed or not needed next to assistive technology, language needs for English learners, communication needs, behavioral needs, visual support needs for a visually impaired student, and hearing supports needed for a Deaf or hard of hearing student. In their sample, the team also wrote in a bit explaining their nos or adding context. Lots of districts don’t do that though and this page is just a check yes or no page. It’s an important page to pay attention to though because if anything is checked yes on this page, you want to know about it.
As an FYI, each of the boxes means something particular. For example, if the team checks yes on the behavior box on special factors that means that the child needs a behavior support plan. If a student is kind of rude in school, skips some classes, and is defiant sometimes, they would most likely have a no for that box. A yes is for students whose behaviors are significant enough to warrant a coordinated, formal behavior plan monitored and reviewed regularly by the full IEP team. This is typically for students with histories of safety concerns at school, whether that is running, self-harm, or aggression or histories of major disruptions and defiance significant enough to warrant a BSP/BIP (behavior support or intervention plan) rather than just an IEP goal focused on improving behaviors. Similarly, if the assistive technology box is checked, that means that the student needs specialized technology bought and paid for that individual child by the district. A 1-to-1 laptop from the district isn’t assistive technology. A special program on that laptop paid for by the district for that student would be. And the communication box should only be checked if the student works with a speech and language pathologist– and they check that box.
Where in the IEP is the special factors section?
Special factors is almost always it’s own page. It’s typically found after present levels but before IEP goals, although that can vary by district. It will almost always have special factors in its title.
How does special factors sections vary across states and districts?
Overall, this section doesn’t vary much district to district. One district might describe an English learner differently than another, but both will ask if a student is an English learner.
What does the IDEA law say about special factors?
The Individuals with Disabilities Education Act outlines the special factors section of the IEP, stating that teams must look at positive behavior interventions for students with behaviors, language needs for English learners, communication and visual supports, and assistive technology.
What IDEA says in 34 C.F.R. § 300.324(a)(2):
(2) Consideration of special factors. The IEP Team must—
(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 those needs relate to the child’s IEP;
(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 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 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 and services.
This IEP comes from Lives in the Balance. See the full IEP here.
Because the images can be hard to read, a transcript is below.
Child’s Name: Student X Date: 5/9/17
3. CONSIDERATIONS – INCLUDING SPECIAL FACTORS
A. Concerns of the parents for enhancing the education of their child (MUSER IX.3.C.(1)(b)):
Student X’s parents are concerned with the fact that X can’t make friends. They are worried about his education and want to see him like coming to school.
B. Does the child exhibit behavior that impedes the child’s learning or that of others?
(MUSER IX.3.C.(2)(a))
☑ Yes ☐ No
Does the child need positive behavioral interventions and supports and other strategies to address the behavior?
☑ Yes ☐ No
If yes, where is this addressed in the IEP?
Section 7 accommodations, present level, goals
C. Does the child have limited English proficiency?
(MUSER IX.3.C.(2)(b))
☐ Yes ☑ No
Does the child have language needs due to limited English proficiency which must be addressed in the IEP?
☐ Yes ☐ No
If yes, where is this addressed in the IEP?
[Blank]
D. If the child is blind or visually impaired, does the child require instruction in Braille and the use of Braille?
(MUSER IX.3.C.(2)(c))
☐ Yes ☑ No
Does the child have a print disability that requires accessible educational materials (AEM) to access the curriculum?
☐ Yes ☑ No
If yes, what type of accessible educational materials (AEM) does the child require?
[Blank]
If yes, where is this addressed in the IEP?
[Blank]
E. Does the child have communication needs?
(MUSER IX.3.C.(2)(d))
☑ Yes ☐ No
Is the child deaf or hard of hearing?
☐ Yes ☑ No
If yes, where is this addressed in the IEP?
Goals, accommodations
F. Does the child need assistive technology devices and services?
(MUSER IX.3.C.(2)(e))
☐ Yes ☑ No
If yes, where is this addressed in the IEP?
[Blank]
G. Does the child have academic needs?
☑ Yes ☐ No
If yes, where is this addressed in the IEP?
Goals and accommodations
Does the child have functional/developmental needs?
☑ Yes ☐ No
If yes, where is this addressed in the IEP?
Goals and accommodations
What do I look for in the IEP to know if it is good?
As a parent, you want to make sure the information here is accurate. If your child has been suspended for aggression, you want to see the behavior box checked and a behavior support plan present in the IEP. If the IEP is mostly a discussion of your child’s behaviors and that box isn’t checked and there is no BSP, you need to ask why. If you think your child needs specialized technology to succeed, whether that is a magnifying sheet to make text bigger or an iPad with a communication app on it, you need to speak up. What’s on this page has to be provided by the district so you want those boxes checked if your child has a need.
As a teacher, the two big things to look at are the behavior box and the assistive technology box. If the behavior box is checked, look for the behavior plan. Then read it really closely, ask questions, and make a plan. If the box is checked and there is no plan, get the counselors or school psychologist involved because something is wrong. The student might never have an issue in your class, but the checking of the behavior box means there is a significant concern. The second thing to notice is whether there is assistive technology. If so, you want to follow up with the student and make sure they have access to it in your classroom. Also speak up. If you have safety concerns about the student and the box isn’t checked, ask. If you think a student would benefit from specialized technology and it isn’t in the IEP, ask. You are part of the team
When and how should I get help?
It depends on who you are. If you are a parent, you have the right to show the IEP to anyone you want to get their thoughts on it– and the right to bring someone who has “knowledge or special expertise regarding the child” to the IEP meeting. To learn more about parents’ rights in IEP, visit our page on the rights hidden inside district procedural safeguards.
If you are a teacher at the school and are worried about the quality of the IEP goals, feel out the case manager. If you hit resistance, try meeting with a service provider at the school an administrator, or a special education teacher that you are more comfortable with– but try the case manager first to get a sense of what is going on.
Here is what IDEA says in 34 C.F.R. § 300.321(a)(6) about bringing people to meetings:
‘‘(vi) at the discretion of the parent or the agency,
other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
What are the disclaimers?
This website is not a lawyer or an educational advocate. Nothing on this site is, nor is intended to be, legal advice. The information here is for informational purposes only.
If you are worried about your student or child’s IEP, please reach out to a real, live human.
Many law schools have free educational law clinics for special education. Many larger districts employ ombudsmen to bridge the gap between parents and schools. Many regions and states have parent centers that can help parents connect to other parents and find resources in their community. All of those are free, as is talking through the paperwork with a friend. Educational advocates are often paid professionals with special expertise who can also help. While we are happy to address general questions about the IDEA law or IEP process, please note that any communication via email is for informational purposes only and cannot be treated as legal advice. You can email questions to rose@spedhelper.org.
