An IEP is needed when the student's program is either adapted or modified.

An adapted program retains the learning outcomes of the curriculum, but adaptations are provided so the student can participate in the program. Examples of adaptations include:

• alternate formats (e.g., Braille, books on tape)
• instructional strategies (e.g., use of interpreters, visual cues and aids)
• assessment procedures (e.g., oral exams, additional time).

Students on adapted programs are assessed using the standards for the course/program and can receive full credit for their work.

A modified program has learning outcomes which are substantially different from the prescribed curriculum, and specifically selected to meet the student's special needs. As well as regular courses, a student's program may include some courses that are modified and others that are adapted.

The IEP is needed to document:

• what modifications or adaptations have been made to the provincial curriculum
• what the student is expected to learn
• what strategies and resources are used.

Those areas in which the student is following the provincial curriculum, without any adaptations or modifications, do not need to be included in the IEP.

Preparation of the IEP provides opportunities for parents, teachers, school-based administrators and others involved with the student who has special needs to address collectively the learning needs of the student and to design a program which best addresses those needs.

In British Columbia, the Ministerial Order reproduced below specifies the legal requirements for IEPs. This Order addresses the need to have IEPs for both students with special needs and students receiving English as a second language service. While there are similarities between the IEPs developed for these two groups of students, there are also differences which reflect the unique characteristics of each group. This resource guide and the examples provided are intended to support development of IEPs for students with special needs.

Ministerial Order 638/95 (M638/95)
Effective December 19, 1995
Order of the Minister of Education

Interpretation

1.   In this order,
"educational program guide" means a document specified as an educational program guide in Ministerial Order 165/93, the Educational Program Guide Order;
"ESL student" means a student who is receiving English as a second language services;
"IEP" means an individual education plan designed for a student and includes one or more of the following:

1. learning outcomes for a course, subject and grade that are different from or in addition to the expected learning outcomes for a course, or subject and grade set out in the applicable educational program guide for that course, subject and grade, as the case may be;
2. a list of support services required for the student to achieve the learning outcomes established for the student;
3. a list of the adapted materials, or instructional or assessment methods required by the student to meet the learning outcomes established for the student in the IEP, pursuant to a ministerial order or in a local program, "student with special needs" means a student with special needs, as defined in Ministerial Order 150/89, the Special Needs Students Order.

IEP for students with special needs

2.   (1) A board must ensure that an IEP is designed for a student with special needs, as soon as practical after the student is so identified by the board.

(2)   Subsection (1) does not apply where

1. the student with special needs requires no adaptation or only minor adaptations to educational materials, or instructional or assessment methods,
2. the expected learning outcomes established by the applicable educational program guide have not been modified for the student with special needs, and
3. the student with special needs requires in a school year, 15 hours or less remedial instruction, by a person other than the classroom teacher, in order for the student to meet the expected learning outcomes referred to in paragraph (b).

IEP for ESL Students

3.   A board must ensure that an IEP is designed for an ESL student who is unable to demonstrate his or her learning, in relation to the expected learning outcomes in a course, or subject and grade for which an educational program guide has been specified by the Minister.

Review and consultation

4.   Where a board is required to provide an IEP for a student under section 2 or 3, the board

1. must ensure that the IEP is reviewed at least once each school year following the year the IEP is developed and, where necessary, it is revised, or cancelled, and
2. must offer a parent of the student, and where appropriate, the student the opportunity to be consulted about the preparation of an IEP.

Implementation of an IEP

5.   Where a board is required to provide an IEP for a student under section 2 or 3, the board must offer each student with special needs and each ESL student learning activities in accordance with the IEP designed for that student.