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IEP FAQs: Can an IEP Meeting be Postponed?

04/10/09
by Wrightslaw

Is there anything in the law that would prevent me from asking that my child’s annual IEP be postponed? The current accommodations are either not working or are not being implemented as required by certain teachers. I would like to postpone it to enable time to obtain testing results and re-work some ideas on accommodations.

The special ed case worker states that an IEP meeting cannot be postponed! That seems ridiculous.

The law says the IEP needs to be reviewed at least annually, and more often if necessary.

The IEP Team can convene, and agree to re-convene after receiving the new testing results. There is no limit to the number of IEP meetings that may be needed to create an IEP that meets your child’s needs.

A parent or teacher can request that the IEP team meet to review and revise the IEP when new information is available about the child (i.e. when new evaluations have been conducted).

The history of Public Law 94-142, now IDEA, states that “there should be as many meetings a year as a child may need.” This is from Appendix A to the IDEA regulations. There is no limit to the number of IEP meetings that may be needed to create an IEP that meets the child’s needs.

Write a letter to the school. Describe your concerns about your child’s lack of progress and your fears about his future. Request a meeting to revise his IEP after reviewing evaluation results.

Be careful about delaying too long. The sooner you develop an appropriate IEP that is meeting your child’s needs, the better. This may take more than one meeting. The law certainly allows this.

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33 Comments on "IEP FAQs: Can an IEP Meeting be Postponed?"


David
01/08/2015

I know an IEP must be developed within 30 days of the evaluation. The issue I am having is that the parents have postponed several times and now we will be out of compliance according to the school district I work for. So, they have decided to hold the meeting without the parents then reschedule and present a complete IEP to them. I do not agree with this. what can I do to make it right.

01/09/2015

Pete says that all special education staff who conduct IEP meetings should be familiar with this landmark ruling about IEP meetings and parental participation. Read Doug C. v. Hawaii. The U.S. Court of Appeals for the Ninth Circuit Court said failing to include the parent at the IEP meeting violated the procedural requirement of IDEA and invalidated the IEP.

http://www.wrightslaw.com/law/art/dougc.hawaii.pwanalysis.htm
http://www.wrightslaw.com/nltr/13/nl.0702.htm
http://www.wrightslaw.com/nltr/14/nl.0617.htm

Julie
07/01/2014

Good Afternoon,
I work for a school district in Oregon. I am concerned. Is it legal for a district to make a child’s file inactive to meet a timeline. Meaning an evaluation has to be performed with in 45 days. When we are not able to perform one in this time line we make the child’s file in active until the evaluation. Is this legal?
Julie

Cathy
03/28/2014

I just had my son’s iep. I found out yesterday from someone else, he was supposed to have testing done last year. When I asked for it to be done, I was told again, it is not needed. I said I wanted the iep tabled until the testing was done. They told me his iep was done and there was nothing I could do about it. When I said I would not sign it, they said I did not have to sign it.