INDIVIDUALIZED EDUCATION PLAN (IEP)
The IEP Committee Meeting
The next step after all of the evaluations have been completed is
the development of your child's IEP (Individualized Education
Plan) by the IEP committee. Your child will already have been
"identified, referred and evaluated". This is the most
important meeting you will have in relation to your child's
educational needs. No child should be placed in special education
until this meeting has been held.
During the meeting, you and the education personnel will jointly
make decisions about your child's educational program and
placement. A written document (the IEP) will be the result.
Remember, you as a parent have an equal role in this process.
Also, there are many children who can and should be a vital part
of the IEP process. Children can contribute to their educational
planning and often can give valuable information regarding their
needs. You are encouraged to consider your child as a member of
the IEP team.
Frequently, parents voice frustration after attending an IEP
meeting. They often say that they felt outnumbered, intimidated,
or confused. They say that the professionals developed the IEP
and gave it to them to sign. Here are some ways to reduce this
feeling of frustration and become a contributing member of the
team.
Prepare yourself prior to the IEP meeting. Review all records and
information you may have regarding your child so that you will be
prepared to have input into the process. All school records on
your child are available for your review on your request. This
would be an appropriate time to write down information on the
following topics:
- your child's abilities, interests, performance, and history;
- recent progress or regression;
- things that have been learned at home;
- how tasks are accomplished;
- effective methods of interaction with others; and
- special information such as emergency phone numbers,
administration of medications, or any physical limitations;
- any AT devices which may assist your child in achieving
progress.
Decide on the goals you feel your child could achieve during this
school year and make a written list before the meeting. This is
an excellent opportunity to think through your interests and
concerns and formulate questions for the school system regarding
its concerns or limitations.
Once you are prepared, you should call the Principal of your
child’s school or the Special Education Director of your
local school system, or the designated person, to request that a
meeting be scheduled for your child. If you do not know the
appropriate person to contact, call your local Board of Education
Office and they will be able to direct you to the correct person.
If you have a history of difficulty in getting such meetings
scheduled, it is recommended that you follow up that telephone
call with a certified letter. Understand that the school system
may also call you in an effort to schedule a meeting for your
child. Remember, they are to be scheduled at a mutually
convenient time, and while they are typically held in school
buildings, they can take place in a variety of settings,
including your home, if necessary.
After a time and a place has been agreed upon, you will be sent a
notification letter in a format which you can understand (i.e.
Braille, a different language). This letter will confirm when and
where the meeting will take place and should contain a list of
the people whom the school system is inviting. While the school
system does not need to invite their entire staff to your
child’s IEP meeting, they must include certain individuals.
The school, for example, must have someone in attendance with the
authority to commit the district’s resources. They must also
have someone there who is familiar with classroom instruction,
and persons knowledgeable about the child and his/her evaluations
and disability.
Present yourself in a confident manner. Do not wait to be called
upon. Introduce yourself and give your reasons for being at the
meeting. Then ask for introductions of every person present and
their reasons for being at the meeting. If there are persons
there who were not listed in your notification letter, and who
you feel do not have a legitimate reason for being there, you may
ask them to leave. On the other hand, you may also request that
particular people be invited to the meeting. A sign-up sheet for
names and titles is generally on one of the IEP forms, but if it
is not, you should not hesitate to circulate one to verify the
introductions for your records later. Do not attempt to take
notes yourself. Inform the group that you will be tape recording
the meeting and proceed to do so.
It is crucial to take someone to the meeting with you. It may be
a neighbor, an advocate, a grandparent, a babysitter, an
independent evaluator, an attorney, or any person who may have
knowledge of your child or who can provide you with moral
support. If you should become upset during the meeting, you
should ask for a break or postponement, or choose to have someone
speak for you. You may also choose to leave the room at any time
during the meeting to confer privately with the person(s) who
came with you. You may inquire as to where such a private place
is or go outside. (Hint: Although it is not necessary to inform
the school who you will be bringing with you to the meeting, it
is courteous to let them know the number so that they can plan
for a sufficiently large room, enough chairs, etc. Furthermore,
it is recommended that you inform them if you are bringing an
attorney. Many school districts have policies which will not
allow them to meet with an attorney unless their board attorney
is also present. If you
do not notify them in advance that you are bringing an attorney
you may have to cancel or reschedule your meeting.)
Ask questions. Since educators use many acronyms, initials and
special terminology, you need to become comfortable in asking
people to clarify or restate what they've said. Remember,
however, that parents can also be guilty of assuming someone
understands when they do not. A list of acronyms commonly used by
special education personnel is included in the Appendix. Add to
this list as you hear new terms.
Learn the meaning of the important terms. As you become involved
with the IEP meeting, you will quickly discover that there are
many interpretations given to the terms appropriate, least
restrictive, accessibility, etc. Some of the more commonly used
definitions are listed below:
Free - To provide an equal educational opportunity to all
children at public expense. All services provided at no cost to
the non-handicapped child are to be provided at no cost to the
child with disabilities. For example, if free transportation is
provided to the typical child, then free transportation must be
provided for the child with disabilities. Clearly, under the laws
such as IDEA and Section 504, schools must provide children with
education at no cost to the parent.
Appropriate - The law merely gives a suggestion as to the
definition of appropriate, in that the program offered must meet
state education standards and conform to the individualized
education program. Under the concept of comparability, a program
is not appropriate if the facility in which it occurs is less
desirable than that made available to the non-handicapped child,
if the instructional personnel are inadequately trained, or if
curricular materials are
inadequate or substandard. Many segregated programs, when
compared to those provided to non-handicapped children, are not
of equal quality or duration.
Accessibility - This term means much more than a ramp for a
wheelchair. A child may be denied access to a program through
bureaucratic delays, limitations on the length of the school
year, discipline measures which exclude children, and failure to
provide related services or supports that will enable the child
to benefit from the program.
Least Restrictive Environment - What Congress has said about this
in the text of IDEA is that, "To the maximum extent
appropriate, handicapped children in public or private
institutions, or other care facilities, are educated with
children who are not handicapped, and that special classes,
separate schooling, or other removal of handicapped children from
regular educational environment occurs only when the nature or
severity of the handicap is such that education in regular
classes with the use of supplementary aides and services cannot
be achieved." What this statement indicates is that children
should be taught initially in the regular education environment
with any needed supports and only if this option fails should
they be placed in a separate special education class. Even then,
the amount of time spent in such classes, and the distance from
the regular school building, should be limited. The language
which appears in IDEA ‘97 further bolsters placement in the
least restrictive environment by requiring states to have funding
formulas which do not result in more restrictive placements;
(i.e.: if a state provides more money to a school district for a
self-contained versus a resource placement, it will have to
change the way funds are distributed).
Encourage the professional to focus on your child as a person,
not as a “label.” If everyone deals with the individual
child, the IEP will stand a better chance of achieving its
purpose. You, as a parent, want to prevent labeling from
dictating the kind of services your child will receive. Instead
of letting people refer to your child as a “Downs,”
PID, MID, LD, etc., always insist that your child be referred to
by name. Regardless of the label used by the school system to
qualify your child for special education services, require that
your child be given opportunities to participate in a wide range
of activities including extracurricular activities with
non-labeled peers.
The IEP process can be summed up in the following way.
1. What are this child’s specific learning needs or unique
characteristics that must be considered in an individualized
educational program?
2. What will the school system do or provide to address the
outlined needs?
3. If the child’s needs are met, how will we measure
progress?
After the assessments are finished, it should be easy to identify
the necessary strategies and supports for the child to progress
in the general curriculum.
Review your child's IEP. Use the following checklist to determine
that all required elements are included in your child's
individualized education plan.
Information to Be Included in Your Child's IEP
1. A listing of your child's present Levels of Performance should
describe the child’s individual needs that result from the
disability. It should include both subjective information such
as: “Jordan has a wonderful sense of humor,” and
objective information like test scores. The child’s needs
should be described clearly and specifically. Test instruments
used to evaluate ability must be identified so you can determine
if the test was appropriate. The following areas may be included
in your child’s present level of performance.
a. language skills - both what he/she can express and understand
and any processing problems which may exist,
b. social skills - how the child interacts best with others,
c. motor skills - to include muscle coordination and sensory
coordination,
d. hygiene skills - bathing, toileting, dressing and undressing,
eating meals
e. home economics skills - preparing simple foods, caring for
clothing, basic house-keeping, money management, etc.
f. vocational skills,
g. academic achievement,
h. challenging behaviors - such as hyperactivity, self-injury,
aggressive behavior, etc.,
i. developmental skills (if child is at pre-academic level),
j. life skills.
2. Annual Goals
Annual goals must be objective and measurable. They include a
reasonable estimation of the child’s expected educational
progress by the end of the school year. A goal should be listed
for each curriculum area to be included on the IEP. Federal
regulations now state that the IEP must include goals to maintain
district standards with the students’ peers so the students
can be properly assessed.
3. Short-Term Instructional Objectives (Benchmark)
These are the intermediate teaching steps between your child's
current achievement level and the annual goal. For each annual
goal, there will be two or more short-term objectives or major
milestones (benchmarks).
a. a statement of the skill to be taught;
b. the level of skill mastery being worked toward;
c. the name of the professional who is primarily responsible for
teaching the skill;
d. the date when your child's progress toward mastery will be
reviewed and should be staggered and logical (i.e.: learn the
first five letters of the alphabet by October and the last five
by May).
4. Services to Be Provided
Under the federal and state special education regulations, a
variety of services must be made available if needed by your
child. These related services can include but are not limited to
the following:
- physical therapy;
- occupational therapy
- speech/language therapy;
- adaptive physical education;
- vocational placement services, etc.;
- counseling;
- transportation;
- assistive technology, and training necessary for professionals
to use/ teach with the device;
- rehabilitation counseling;
- orientation and mobility services.
On the IEP, the following information concerning these services
should appear:
a. name of special service or material;
b. name of person who will provide the service, and necessary
training;
c. objective of the service;
d. date upon which service will begin;
e. date of review;
f. number of hours per week (month) the service is to be
provided;
g. the setting in which the service is to be provided.
If a particular service is needed by your child but not currently
available in your school district, it should be listed on the
IEP. Ask the committee to specify when the service will be
provided and what will be done in the meantime. This information
allows the school district to request funds for services from the
State Department of Education.
5. Participation in the Regular Education Program
Each child in special education should be educated to varying
degrees with typical classmates. This contact may take a variety
of forms, e.g., participation in a regular education class,
physical education, art, music, extracurricular activities, peer
tutoring, lunch, recess, etc. Once the activities have been
determined, the IEP should note when, how often, and in what
settings these activities will occur, as well as additional staff
or support if needed. The new regulations require school systems
to make IEPs available to regular or general education teachers.
It is also the duty of the school system to make sure the
teachers understand what modifications are required for the
students with disabilities.
6. Vocational Education
Vocational education for the student with disabilities is now
mandated by federal law if it is a desired component of that
student's program. By the time a student reaches age 16, his/her
IEP must include a statement of the "transition
services" which are to be provided to that student. These
are the services necessary to help create a smooth transition for
the student from school to post-school activities and can include
but are not limited to instruction, community experiences,
development of employment and other post-school living
objectives, daily living skills, and functional vocational
education.
7. Extended Education
At present, many school systems in Georgia are graduating
students at age 18, regardless of need. Many students may need
additional education beyond the traditional high school years.
Federal and state laws and regulations allow for students in
special education to go to school through the age of 21. It is
the responsibility of the IEP committee to identify individual
needs (which can include vocational training) and provide for
such needs through the educational system. This is typically done
through a transition plan which must be in place by the
student’s 16th birthday, but can be done earlier if
necessitated by the student’s needs. (see Transition Plan
section, page 45)
8. Extended School Year Services
Like any other service, if you think that your child needs to be
served more than the typical 180 school days in order to progress
or prevent severe regression, this must be discussed and
documented as part of the IEP. This service is referred to as an
extended school year (ESY). ESY services must be discussed early
enough so that if you and the school system disagree, you may
pursue the various remedies discussed in a later section entitled
RESOLVING DISAGREEMENTS.
Several factors may be considered when evaluating a
student’s need for special education and related services in
excess of 180 days. They include but are not limited to the
following:
1) the nature and severity of the disabling condition;
2) the amount of regression caused by breaks from school;
3) the rate of recovery or recoupment following breaks from
school;
4) the ability of the child’s parent(s) to provide education
at home;
5) alternative resources;
6) if the student is on the verge of mastering a new skill or
skills.
9. Discipline - Behavior Management Plans
You should include discussion about potential behavior problems
and how they are to be addressed at your child’s IEP
meeting. If your child has a fully developed behavior management
plan or is in need of one, it must be discussed as part of
his/her IEP. It should be physically attached to the IEP document
itself and everyone who works with your child should become
familiar with it so that the child can be dealt with in a
consistent fashion. IDEA now explicitly states that FAPE is to be
provided to all eligible children with disabilities who have been
suspended for more than 10 days or expelled from school.
If your child has been expelled or suspended for more than 10
days, IDEA requires school systems to provide a FAPE or full
educational program, not just a few hours of home tutoring.
Regardless of the fact that it is required by the law, it should
be clearly stated in your child’s IEP that behavior problems
will be reviewed by the IEP committee before any change in
placement occurs. A suspension or series of suspensions, or an
expulsion lasting more than 10 consecutive days, or cumulatively,
is considered a change in placement and requires a meeting to
determine if the misconduct was caused by the student’s
disability. This procedure is commonly called a manifestation
determination, but can also be called a relationship or nexus
test. This meeting must be held within 10 days after the decision
is made to discipline a student.
A Manifestation Determination is made through a three step
process.
1) Review of Pertinent Information including, but not limited to,
educational evaluations, observations by school staff and/or
parents, IEP, current placement needs of the student.
2) Disability Related Questions.
- Were the IEP and placement appropriate?
- Were the necessary educational supplementary aides and behavior
intervention services being provided?
- Does the child’s disability prevent him or her from
understanding the consequences of the behavior in question?
- Did the child’s disability prevent him or her from
controlling the behavior?
3) The results of this inquiry can determine if a student’s
behavior is or is not related to the disability. If the behavior
IS NOT related to the disability, the student may be held
accountable for their actions as long as FAPE is provided. If the
behavior IS related to the disability, and if the current
placement and IEP are not meeting the student’s needs,
additional evaluation and amendments to the IEP may be required.
If your child with a disability is suspended or disciplined in
public school:
1) A parent may request in writing a positive Behavior
Intervention Plan (BIP). A BIP may be requested if the disability
includes behavior, when behavior interferes with the child’s
learning or that of others, or when the parent feels that the
behavior isn’t appropriately addressed by the IEP.
Before writing a new behavioral plan, the school district is now
required to conduct a Functional Behavioral Assessment (FBA).
a) To recognize and define the problematic behavior. The
description should be detailed.
b) Information should be obtained from a variety of sources
including observation, interview, records, and standardized
tools.
c) Analyze events which took place before and after the
problematic behavior occurred.
d) To determine the purpose of the behavior. Was it an attempt
to:
- get something;
- avoid something or someone;
- control something.
e) To figure out the behavior in relation to the specific event
and any factors which can be changed.
f) Change different factors to see if the behavior changes. (Ex.:
Change a student’s seat from the back to the front of the
room.)
When this analysis is completed, the IEP committee should meet to
develop a positive behavior plan. A school psychologist or social
worker should assist in the development of the plan. Training
should also then be made available to teachers and other staff,
if needed, to implement the behavioral plan.
10. Retention, Promotion, Standardized Tests
These topics need to be discussed thoroughly during the course of
the IEP meeting. Typically, when a child has an IEP, they are
promoted to the next grade upon achieving mastery of a majority
of their goals and objectives. It can be decided to do it another
way and may occasionally be advisable. It should also be decided
by the committee whether or not the student should take
standardized tests. Some factors to be considered include: What
is to be gained by having the student take the test?; Will the
testing experience be beneficial or merely frustrating?; More
importantly, what modifications can be made in the standard
testing procedure which will help this student to be more
successful? Some common examples include: additional time;
separate setting; use of a computer or calculator. Taking
standardized tests with peers can help a parent to see if the
child is progressing as expected.
11. Educational Setting (Placement)
Once the IEP committee has decided on the type of goals and
services needed, a decision also needs to be made as to the
setting in which your child's needs can best be met.
You should become familiar with the following options for
placement which are listed in order of increasing
restrictiveness.
a. Supplementary Aids and Services - Assistive technology is
defined broadly as any item, piece of equipment, or product
system that is used to increase, maintain, or improve functional
capabilities of individuals with disabilities. Assistive
technology (AT) must be considered for each child when developing
an IEP. To determine needs, and AT assessment should be done
which looks at the child’s skills, communication, likes and
dislikes. The assessment should take place in the child’s
customary environments. Once it is agreed that the child can
benefit from technology, the design, selection, maintenance,
repair, and replacement of the device(s) should be considered by
the IEP team. Training for the child, family, teachers, and
service providers, must also be addressed in the IEP.
b. Classroom Aide (Paraprofessional) - a person available to
assist your child to participate in the regular classroom or the
most integrated setting.
c. Itinerant Teacher - the child may spend between two and four
periods each week receiving specific support from a teacher who
travels to different schools and who works in special areas of
need such as speech, physical therapy, occupational therapy, etc.
This person can provide their support or instruction to the child
in a variety of settings including his/her regular education
class.
d. Resource Class - the student will spend a portion of the day
in regular class and a portion of the day in a special education
resource class. This is intended to supplement the education
program in regular classes. A student may go to a resource class
for assistance in one or more subject areas or the teacher may
provide the required assistance in the regular classroom.
e. Self-contained Class - the student will spend the majority
(more than 3 periods) and possibly all of the school day within
one class with other children with disabilities.
f. Alternative Schools - most systems have established
alternative schools to serve children who for varying reasons are
not being appropriately supported in the mainstream of school.
These programs are usually established to deal with discipline
issues and provide programming for students in lieu of dismissal
or expulsion. Students with disabilities are often suspended and
expelled due to difficulties in coping with the educational
setting and sometimes due to the frustrations of educators. If a
student's poor adjustment is a result of his/her handicap, it
cannot be used as a reason to suspend the child without an IEP
meeting first. Every student has the right to a hearing if
expelled. You need to become familiar with the policies in your
school system which are obtainable from the local board of
education or superintendent. If, for some reason, an alternative
school is recommended, your local school system is responsible
for funding your child's education. They also remain responsible
to provide the special education and/or related services which
are required by the student's IEP even after a child is suspended
or expelled.
g. Private Schools - occasionally, but not often, a school system
may refer or place a child in a private school if the public
school district is unable to meet the child’s needs as
outlined in his/her IEP.
h. Hospital/Homebound - on rare occasion, some students' health
may force them to receive their educational services either at
home or in a medical setting. In such a situation, itinerant
teachers and/or other professionals go to where the child is, as
often as is indicated by the
IEP and work with the child there. This situation can be
temporary, for example, while the child is recovering from
surgery, or permanent.
i. Residential - the child will spend 24 hours per day, five -
seven days per week in residence. Children who are in
institutions or nursing homes have the same rights to education
as children living in the community. The local school system
where the facility is located is likely to be responsible for the
child's educational program and an IEP must be developed to meet
the needs of the child. The program quality must be comparable to
that provided in the community school
system and can take place in a variety of settings such as in the
institutional school or in the local public school.
12. Medical Emergency Plan
Some children are medically fragile or have very specific needs,
or protocols which must be followed in times of crisis. In these
instances, a plan should be developed which contains the names
and numbers of the persons, physicians, etc. who need to be
contacted, as well as the steps to be taken to ensure that the
student is properly cared for. Any such document which is
developed should also be attached to the IEP.
***********
Do not feel pressured to complete the IEP in one meeting. It may
take longer, and you have the right to request as much additional
time as is necessary. If the school system tells you that they
have only allotted you a certain amount of time, for example, one
hour, know that you do not have to finish in that amount of time.
You may have as long as it takes to complete your child's IEP
although the time may be broken up over a period of several days
or even weeks.
If you agree with the IEP developed at the meeting, and with the
placement of your child in a special education program, you may
sign the IEP. The IEP then goes into effect as developed. You
should ask for a copy of the IEP, and the minutes of the meeting
before you leave that day. The school is required to review this
plan at least once a year. You may, however, ask for a meeting to
review your child's IEP at any time. Remember, your child should
be removed from regular education only if his or her needs cannot
be met in that setting with supports. You should evaluate the
program being offered and your child's progress frequently.
The following may help you with organization before your meeting:
IEP MEETING PREPARATION CHECKLIST FOR PARENTS
1. Obtain and study all school records including private
assessments, medical records, etc.
Prior IEPs Progress notes, report cards, teacher's notes, etc.
2. Make a list of your child's present level of functioning based
on your observations.
Academic skills Developmental skills (if pre-academic)
Motor skills
Language skills
Emotional/behavior skills
Self-help skills
Pre-vocational & vocational skills
Others
3. Make a list of goals you feel your child should have.
4. List related services, and assistive technology devices your
child may need and include verification of need from
professionals.
5. List special education services your child may need.
6. You may tape the meeting.
7. List any training which may be necessary to familiarize staff
with AT equipment which your child requires.
QUICK TIPS FOR IEP MEETINGS
1. Meetings must be scheduled at a mutually convenient time -
that is - at a time which you can attend.
2. Enough time should be allowed so that you are able to
participate fully and say what needs to be said. Meetings can
last as many hours as necessary and if people must leave, you may
either go on without them or schedule another session.
3. IEPs should not be written, or the forms filled out, prior to
the meeting, and if they are, you may request that those forms be
disposed of and new ones filled out with the participation of the
entire IEP team. In the interest of time, it is sometimes alright
to have the forms drafted as long as you are given an opportunity
for input and/or to change any item on the forms.
4. You may tape record the meeting.
5. You are entitled to have a copy of the IEP and the minutes but
you must ask for them at the end of the meeting.
6. You may bring people and/or materials such as videotapes which
support your position but it is advised that you inform the
special education director first so that necessary preparations
can be made.
Transition Plans
Preschool-Aged Children
Under Part C of IDEA, children with disabilities are able to be
served from birth on. In this state, they are given Early
Intervention service from birth through their third birthday by
an agency called Babies Can’t Wait. You can access these
services for a child be contacting your county health department.
Once the referral is made, your child will be evaluated in his or
her areas of need. This evaluation information will be shared
with you and an Individual Family Service Plan of IFSP will be
developed for the child.
In transitioning from Part C to Part B an IEP must be developed
and implemented by a child’s third birthday. When that
birthday occurs during the summer, the IFSP team should initiate
the transition process with the school system 90 days prior to
the child’s birthday. The new IEP should specify what
services are to be given to the child, beginning at age three,
including Extended School Year (ESY) services if necessary. If it
is determined by the team that ESY services are not needed, the
date that services are to begin may be the first day of the next
(or upcoming) school year.
This became a formal component of a student’s special
education program as of October, 1990 when the Education of the
Handicapped Act was amended to become the Individuals with
Disabilities Education Act commonly referred to as IDEA.
Transition services are defined as:
• a coordinated set of activities for a student;
• designed within an outcome oriented process;
• which promotes movement from school to post-school
activities;
including but not limited to the following:
• post-secondary education;
• vocational training;
• integrated employment, including supported employment;
• continuing and adult education;
• adult services;
• independent living;
• community participation.
This set of activities should be based on the individual
student’s needs while also taking into account the
student’s interests, preferences and aptitudes. The listed
activities are to include:
• instruction;
• related services;
• community experiences;
• the development of employment and other post-school adult
living objectives; and when appropriate,
• the acquisition of daily living skills, and
• functional vocational evaluation.
The IEP team must develop a transition plan for each student by
the time a student turns 16 and the planning is frequently begun
as early as age 14. The plan is to contain, where appropriate, a
statement of the interagency responsibilities or linkages, or
both before the student leaves school. This statement on the IEP
which delineates the responsibilities of the various agencies is
also to include a commitment by any participating agency to meet
its financial responsibility in providing its portion of the
transition services.
The responsibilities of the local school system regarding
transition include the following:
• the provision of transition services;
• the development of a transition plan;
• seeking services from other relevant agencies;
• the determination as to whether transition services are
meeting the IEP objectives, or not;
• reconvening the IEP team to develop alternatives if one of
the agencies is not performing;
• informing potentially eligible students and their parents
about the SSI program, including work incentives;
• informing students currently receiving SSI that they will
have to reapply at age 18;
• assisting students and parents in applying for and keeping
SSI benefits by helping to gather appropriate information and
documentation which the process requires.
The Transfer of Rights from Parent to Student
IDEA and its implementing regulations now provide that when a
student reaches age 18 that all of his/her parent’s rights
under Part B of IDEA than transfer to the student. The student
and his/her parents must be notified at least one year prior to
the student’s 18th birthday.
Parents can be invited to IEP meeting after the student turns 18,
either at the student’s request or as persons who are
knowledgeable about the person. There remain many unresolved
questions and issues regarding this provision and it is expected
that there will be much litigation.