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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
October 3, 1994
Dr. Hal Hayden
Director
Division of Exceptional Children Services
Kentucky Department of Education
500 Mero Street
Frankfort, Kentucky 40601
Dear Dr. Hayden:
This is in response to a memorandum from Dr. Theodore Drain, former Director of the
Division of Exceptional Children Services in the Kentucky Department of Education (KDE).
In that memorandum, Dr. Drain requested that the Office of Special Education Programs
(OSEP) clarify the requirement under Part B of the Individuals with Disabilities Education
Act (Part B), at 34 CFR § 300.346 (a) (2), that the individualized education program
(IEP) for each student with a disability include "a statement of annual goals
including short-term instructional objectives." Specifically, Dr. Drain questioned
OSEP's legal authority to support a requirement that annual goals and short term
objectives be written for related services.
As clarified in 34 CFR Part 300, Appendix C, Response to Question 37,
The statutory requirements for including annual goals and short term instructional
objectives (20 USC § 1401 (a) (20) (B) ]), and for having at least an annual review of
the IEP of a child with a disability (Section 614 (a) (5) ) provide a mechanism for
determining (1) whether the anticipated outcomes for the child are being met (i.e.,
whether the child is progressing in the special education program) and (2) whether the
placement and services are appropriate to the child's special learning needs.
The annual goals and short-term instructional objectives in an IEP must provide a
mechanism for determining whether the totality of services provided pursuant to the
student's IEP -- including special education, related services, and supplementary aids and
services --is appropriate to the student's unique needs. Thus, while there is no Part B
requirement that an IEP include separate annual goals or short term instructional
objectives for related services, the goals and objectives in the IEP must address all of
the student's identified needs that the IEP team has determined warrant the provision of
special education, related services, or supplementary aids and services, and must enable
the team to determine the effectiveness of each of those services.
For example, if the IEP team has determined that a student needs speech and language
therapy services as a component of free appropriate public education (FAPE), the IEP must
include goals and objectives that address the student's need to develop and/or improve
communication-related skills. It would not be necessary, however, to label the goals and
objectives as "speech therapy" goals and objectives. Therefore, if the IEP
includes goals and objectives which appropriately address the student's need to develop
communication-related skills, no additional or separate "therapy" goals and
objectives would be required.
****Dr. Drain also questioned the need to include goals and objectives for related
services such as air conditioning, transportation or catheterization. If a related service
such as air conditioning is necessary to enable the student to attend school, but that
service is not intended to increase the student's skills, no goals or objectives are
necessary. Similarly, if transportation is being provided solely to enable the student to
reach school, no goals or objectives are needed. If, however, instruction will be provided
to the student to enable the student to increase the student's independence or improve the
student's behavior or socialization during travel to school, then goals and objectives
must be included to address the need to increase independence or improve behavior or
socialization.****
We hope that this letter clarifies the manner in which annual goals and short term
instructional objectives must, under Part B, address related services, and will assist KDE
in developing training procedures and materials to ensure compliance with that
requirement. Thank you for bringing this matter to our attention. Please do not hesitate
to contact us if we may be of any further assistance in the resolution of this issue
through the corrective action process.
Sincerely,
Thomas Hehir
Director
Office of Special Education Programs
400 MARYLAND AVE., S.W., WASHINGTON, D.C. 20202
Requests for a copy of the original letter, or questions
regarding the letter, may be directed to OSEP.
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