Tag Archives: IEP Meetings

AMENDING AN IEP WITHOUT A MEETING

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 to help. Contact Lori today by calling 201-388-9533 or by using the Contact Us form.

Recording IEP Meetings in New Jersey

The question of whether and under what circumstances parents may use an audio recording device at an IEP meeting comes up a lot. I often see well meaning parents in special needs Facebook groups posting misinformation about the law on recording IEP meetings in New Jersey. This is understandable considering I’ve seen board attorneys tell parents they cannot record the meeting because they didn’t submit written notice the day before. The law does not require parents to give notice in writing, nor does it require notice be days or hours in advance of the IEP meeting. Here’s exactly what the law requires for recording IEP meetings in New Jersey:

The New Jersey Special Education Law at N.J.A.C. 6A:14-2.3(k)(8) provides: “Participants at the IEP meeting shall be allowed to use an audio-tape recorder during the meeting provided notice is given to the other participants prior to the start of the meeting that such a device is being utilized.”

When parents record a meeting the district will also record, and will appreciate advance notice so they have a recording device ready before the meeting starts. As a matter of courtesy, and to avoid delay, it is a good practice to send an email beforehand to advise you will be recording the IEP meeting. However, there is no legal requirement that you do so. Simply saying “I am recording the meeting” before the meeting starts is sufficient notice under the law.

It is always a good idea to record the meeting. An accurate account of exactly what transpired can be helpful in a variety of ways. If you need help navigating the process of obtaining a Free Appropriate Public Education for your child, Lori E. Arons, Esq. is available to help. Contact Lori today by calling 201-388-9533 or by using the Contact Us form.