Amending an IEP: How do I get my child’s IEP changed?

When growth stalls, amending an IEP makes the difference

Amending an IEP: How do I get my child’s IEP changed?

IEP Compliance11/25/2024

Amending an IEP is essential to keeping a student’s educational plan effective and aligned with their evolving needs.

An IEP may require updates for various reasons, such as changes in a student’s academic performance, behavioral challenges, or new evaluation data.

School districts play an important role in facilitating this process, as they are responsible for coordinating communication among parents and the IEP team, organizing meetings, and ensuring that all amendments comply with the Individuals with Disabilities Education Act (IDEA).

The IEP team—including parents, teachers, school psychologists, and district representatives—works together to review and agree on any changes needed to support the student better.

Districts review a student’s IEP at least once a year to assess whether annual goals have been met and determine if adjustments are required.

If a student is not making expected progress or if new information arises, the district must promptly amend the IEP.

In some cases, minor amendments can be made through a written agreement between the district and parents without convening a full IEP meeting.

When to Amend an IEP?

Amending an IEP becomes necessary when a student’s needs change or the current plan fails to support their progress  adequately.

Here’s when to consider making adjustments:

1. Lack of Progress

If a student isn’t meeting their goals despite existing support, it’s time to amend the IEP. This could involve modifying the goals, changing teaching methods, or adding related services.

Example: When a student fails to improve in reading despite interventions, the IEP may require more intensive support or alternative strategies.

2. Behavioral Changes

If a student’s behavior worsens or current behavior supports are ineffective, the IEP should be revised to include new interventions.

Example: A student exhibiting increased anxiety may need sensory breaks or additional emotional support.

3. Changes in the Learning Environment

When a student transitions to a new setting, like moving from a self-contained classroom to a general education one, amend the IEP to provide the right accommodations.

Example: A student moving to a general education class might require new classroom support to succeed.

4. Ineffective Support

If current accommodations are not helping, adjust the IEP and closely monitor the student’s progress.

Example: When visual schedules fail to improve focus, alternative aids like noise-canceling headphones may be needed.

5. Addressing Concerns from Parents or Teachers

When parents or teachers notice new challenges or areas where the student needs additional support, it’s important to revisit and possibly amend the IEP.

Example: A parent noticing homework struggles may suggest adding organizational strategies.

Amending an IEP Post Annual Review

Amending an IEP is sometimes necessary even after the annual review to address a student’s evolving needs. Changes may be required if new academic or behavioral challenges arise, updated evaluation data suggest that current supports are inadequate, or if there are shifts in the learning environment.

IEP amendments can be made at any time without having to wait for the next review, either through a formal meeting or with written consent for minor updates.

Steps for Amending an IEP without a Meeting

  • Determine which specific updates need to be made, such as minor goal adjustments or service modifications.
  • Communicate proposed changes to parents and be sure to explain the rationale. Ensure they understand and agree to the amendments.
  • Obtain written parental consent and issue a Prior Written Notice (PWN) outlining the changes and supporting data.
  • Update the IEP to reflect the amendments and their justification.
  • Share the updated IEP with parents and relevant team members for implementation.

IEP Revision Vs Amendment

IEP Revision: The IEP team meets annually to review the previous IEP and make changes if the student hasn’t met their goals or if their needs have significantly changed. The entire IEP team participates in this comprehensive review to revise the plan.

IEP Amendment: Changes to the existing IEP without rewriting the whole document, made with or without a meeting, as long as parents and the school agree. The entire IEP team must be informed of the changes.

What happens if there’s disagreement about the proposed IEP amendment?

  1. Discuss concerns informally with school staff to clarify issues and find common ground.
  2. If informal discussions fail, request a formal IEP meeting. The entire IEP team can gather to discuss the amendment in detail and collaboratively explore solutions.
  3. If discussions remain inconclusive, consider involving a neutral facilitator. This person can help manage the meeting and ensure all perspectives are respected while working toward a resolution.
  4. Parents can involve a special education advocate for support and advice. Advocates can assist in negotiations and help ensure parents understand their rights.
  5. If there is disagreement over the student's needs, parents can request or provide independent educational evaluations (IEE). The school must consider this data when discussing changes to the IEP.
  6. If a resolution cannot be reached at the school level, escalate the issue to district-level special education administrators who may offer additional insights or solutions.
  7. Engage in mediation, a voluntary and impartial process facilitated by a neutral mediator. This can be a productive way to reach an agreement without formal legal proceedings.
  8. If all attempts to resolve the disagreement fail, parents have the right to file for a due process hearing. An impartial hearing officer will listen to both sides and make a legally binding decision.
  9. Parents can submit a complaint to the state education agency if they believe the school has violated special education laws.

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