Parents often ask about amending an IEP without a meeting, and whether it is legal for the school to change their child’s Individualized Education Program without a meeting of the IEP Team. Under both the Federal and New Jersey regulations, the short answer is yes. While an IEP must be developed by the IEP Team, changes to the IEP can be made without a meeting of the IEP Team.
The Code of Federal Regulations at 34 C.F.R. §300.324(a)(4)(i) provides: “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.”
The New Jersey Special Education Law at N.J.A.C. 6A:14-3.7(d) provides: “The IEP may be amended without a meeting of the IEP team as follows:
1. The IEP may be amended if the parent makes a written request to the district board of education for a specific amendment to a provision or provisions of the IEP and the district agrees;
2. The school district provides the parent a written proposal to amend a provision or provisions of the IEP and, within 15 days from the date the written proposal is provided to the parent, the parent consents in writing to the proposed amendment;
3. All amendments pursuant to (d)1 and 2 above shall be incorporated in an amended IEP or an addendum to the IEP, and a copy of the amended IEP or addendum shall be provided to the parent within 15 days of receipt of parental consent by the school district; and
4. If an IEP is amended pursuant to this subsection, such amendment shall not affect the requirement in (i) below that the IEP team review the IEP at a meeting annually, or more often if necessary.”
Amending an IEP without a meeting may be done if the school and parents agree, but does not affect the requirement that the IEP Team review the IEP at a meeting annually, or more often if necessary. If you need help navigating the process of obtaining a Free Appropriate Public Education for your child, Lori E. Arons, Esq. is available help. Contact Lori today by calling 201-388-9533 or by using the Contact Us form.