Tuesday, January 6, 2009

Is A Meeting Reuired to Change the IEP?

Is a physical meeting required if the CST and the parent wants to change the IEP? No. The 2004 reauthorization of IDEA set up these guidelines:

(4) Agreement. (i) In making changes to a child’s IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP.

(ii) If changes are made to the child’s IEP in accordance with paragraph (a)(4)(i) of this section, the public agency must ensure that the child’s IEP Team is informed of those changes.

(5) Consolidation of IEP Team meetings. To the extent possible, the public agency must encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.

(6) Amendments. Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in paragraph (a)(4) of this section, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated. [§300.324(a)(4)-(6)]

Basically, what that all means is:
  • This option can't be used instead of a physical yearly IEP meeting.
  • Parents and CST must agree to use this option instead of a physical meeting.
  • The amendment or modification to the IEP must be in writing.
  • The entire IEP team must be informed of all changes to the IEP.


Some other important notes about using this option:

  • There are no restrictions on what kind of changes can be made.
  • No changes can be made without prior notice to the parents, and without giving the parents a chance to discuss the changes.
  • Agreement between the parents and the CST to use this option does NOT have to be in writing.
  • The consent of the parent to make changes to the IEP (using this option) does not have to be written.
  • The parent does not have to agree to the school system's request to amend the IEP without an IEP team meeting. (71 Fed. Reg. at 46685)

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