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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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30 responses so far ↓

  • 1 Cathy 03/28/14 at 3:01 pm

    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.

  • 2 Susan 03/13/14 at 3:42 pm

    My child has an IEP meeting set up on 3/21/14. This is the exact date that it was done in 2013. I recently found out that the school is not following his IEP, and they are not using the accommodations outlined in his IEP. I need more time to consult with an educational advocate or attorney. Can I request to push back the IEP date?

  • 3 Sandra V 11/15/13 at 8:32 am

    My son moved to public schools in TX from a school for dyslexia. We created an IEP in 6th grade. He has done fairly well I have not had reason to call any meetings. He has received accomodations for testing. He enetered 9th grade and he is struggling. I have received nothing over the past rew years on his IEP or goals, I am concerned. Furthermore, this school has what is called “content mastery” a room that students can go to for help but they must leave the classroom to do so. Some instructors make a mockery of this and my son is way to embarrassed to attend. Any advice on my first steps to get him back on the right tract. He was diagnosed ADHD, APD, dyscalcia and dysgraphia

  • 4 Kirsten 09/09/13 at 4:06 pm

    >>personnel required to attend the meeting didn’t attend<<

    Than anything developed at the IEP is invalid, no need to go further.

    "In addition…[.....]" everything you said after that is ILLEGAL. Contact your State Department of Education and they will help you out.

  • 5 Alicia 09/05/13 at 9:53 pm

    Yesterday, I attended my son’s IEP meeting. They requested a meeting last Thursday because my son’s IEP expires 9-5-13. No one had their information prepared before the meeting so I didn’t receive a pre draft. During the meeting, personnel required to attend the meeting didn’t attend. In addition, my son’s goals, baselines and methods for evaluation were not complete. They gave me less than 24 hours to sign the IEP. But, they are requesting that I remove my son’s Behavior Intervention Plan without reassessing. Furthermore, they’re trying to force me to change his eligibility without proper assessments and threatening to remove his eligibility completely.

  • 6 Sharon L. 04/29/12 at 7:38 pm

    Jennie – Of course you can postpone & explain that you did not have enough time to review the DRAFT & feel unprepared. Put it in writing that you received it one day before at the end of the day & politely request a new date. Do this every time & they will get the message that they cannot mess with you. I used to have this done to me & always asked for a new date. They eventually gave us a DRAFT IEP 5 days before the meeting. This gave us plenty of time to review it & respond to it with our ideas before the meeting which then allowed us to get the meeting completed much quicker.

  • 7 Jennie 04/26/12 at 7:20 pm

    We asked for my sons goals ahead of time so that we could adequately prepare for our IEP. We were told that they didn’t have them the morning before our date. We were given them at the end of the school day, the day before the IEP. The goals are hard to understand and unclear as to how they will be measured. We are feeling very overwhelmed trying to prepare in such a short time. Can we postpone the meeting if we are already at the end of the one month extension of the annual date?

  • 8 Cindy 11/15/11 at 1:32 pm

    Annual ARD at a halt, there were no disagreements, only valid discussions hashing out the goals/objs and then the school abruptly stopped the annual ARD (while district attorney present). Parents did not agree to Stop. We just want our child’s annual IEP completed and the district wants the State to mediate. We do not want to mediate.

  • 9 Cindy 11/11/11 at 11:36 pm

    Get an advocate! my son’s school turned around and stopped giving us the run around when we had a professional step in. It was nice to have someone knowledgeable on our side of the table. We ended up meeting 4 times last year, and our son finally got what he needed. We’re in CO and went through Success By Design Education, but i’m sure you can find an advocate in your area by a google search. Be sure to ask about experience and background! hope this helps!

  • 10 Toni 09/27/11 at 10:40 am

    Extending the Annual IEP Mtg for five days at parent’s request? Is this legal or will we be out of compliance even if the parents sign a waiver to extend the current IEP?
    Thanks!

  • 11 Kris 01/11/11 at 2:40 pm

    My daughter’s school wants to take me to mediation because they say I’ve asked for too many meetings to re-develop the IEP. I have had 7 meetings within a school year and the delays are that the school does not want to add any of my evals I’ve had done, nor do they want to add any of my input to the present levels of performance. I know there is no limit to the number of IEP meetings I can call, so is the school harassing me or are they trying to shut me up?

  • 12 Eileen 08/31/10 at 4:26 pm

    Adrianna in ak – An IEP must be done on a yearly basis. You as the parent need to be proactive. The date of an IEP is the next years last date possible before going out of compliance. A month before the date start contacting the school district . I have heard this before with some NY school districts. My district that I live in will make a time that I can attend as well as the school I work in. Parents are part of the team, they need to be their. Hope this helps. Also, Many parents forget and do not show up.

  • 13 Sharon L. 08/28/10 at 11:46 pm

    Maria – You may have to hire an attorney but you can start by reconvening an IEP meeting and request evidence of their statements. Also review the last IEP and show the difference from the one you have. Perhaps there is a misunderstanding. Once you find out what is going on you can either fix it together or if there is a real issue that the school is not telling the truth and they will not work with you the attorney may be your only choice.

  • 14 Wrightslaw 08/23/10 at 11:55 am

    Maria: Did you attend the IEP review meeting? Did you tape record the meeting? Have you contacted the school about the statements you think are incorrect? If not, you should do so in writing. If you have only spoken to the school about this issue, you need to put your concerns about the problem and how to resolve it in writing. Read this article about how to get corrections to the record added to your child’s educational file. How Can I Correct Errors in the Record: http://www.wrightslaw.com/blog/?p=65

    You need to be documenting everything: http://www.wrightslaw.com/info/ltrs.index.htm

  • 15 Renee 08/23/10 at 11:53 am

    UNTRUE STATEMENTS IN THE IEP

    Maria,

    I would start with a polite letter indicating that it does not appear you and the school are defining or interpreting the situation in the same manner. You will need documentation to back up your understanding, whether this is about IEP compliance, academic achievement, or behavior concerns. Emails, communication log, test scores, homework samples would be examples of documentation.

    After you have laid this out in writing, you can request another meeting to discuss how the IEP can be amended/corrected/written to better reflect the PLOP or what has transpired.

    Have you signed the IEP in question? It is possible to sign indicating that you agree with certain portions so that some services can be provided, but make it clear that you do not yet agree with x, y, and z portions.

  • 16 maria 08/22/10 at 10:26 pm

    On the last iep review the school wrote statements in the iep that are not true about my childs plan. Do I have to go due process to make them change what they wrote?

  • 17 Amy 07/12/10 at 8:08 pm

    The age old problem with special education–no one listens to the parent or child. And yet, it is the parent’s sole responsibility to flag concern that our child is not progressing? Worse yet, the “IEP Team” doesn’t even review the child’s records before an “IEP” meeting? I would write a letter to the Superintendent & School Board which details your concerns. Gather up all of you child’s test scores and even school papers in chronological order. Give them as much factual info in a 1 page summary. Detail what you would like to see happen to help your child progress. Ask for an Independent Education Evaluation IN WRITING to the same district leaders. Send it certified, or get them to stamp/sign that they rec’d it & get them to make a copy for you. Sp. education is not supposed to be a babysitter! Our children are there to learn.

  • 18 Carol 07/07/10 at 8:41 am

    Love your answer, but would add that the meeting should not be delayed past the IEP annual date. Yes, the parent can make it clear that another IEP meeting will need to be held if more information becomes available, but he/she also needs to know that the school would be held accountable if the meeting date is missed.

  • 19 Valerie 06/30/10 at 7:01 pm

    How many days does the district have to respond to a parental request for an IEP meeting? After responding, how mant days to districts have to actually schedule a date? Is there an allowance of extra time given to districts in the summer months?

  • 20 Adrianna 06/30/10 at 9:42 am

    The school district in Fairbanks, AK., mandates the annual IEP meeting be held on a certain date and the parent cannot postpone the meeting. In fact, they will hold the meeting WITHOUT THE PARENT PRESENT AND COMPLETE THE IEP WITHOUT THE PARENT PRESENT! This is something I have been fighting for 12 years. Even with the new laws, (which have yet to be fully implemented in Fairbanks, Alaska), they will NOT POSTPONE ANY IEP MEETING PAST A CERTAIN DATE, EVEN IF THEY ONLY GIVE THE PARENT ONE DAY NOTICE AND NO IDEA OF WHAT THEY WILL BE DISCUSSING! THIS IS WHAT I AM BATTLING NOW AND TO MAKE MATTERS WORSE, THEY HIRED A NEW SUPERENTENDANT WHO HAS NO KNOWLEDGE OF SPECIAL EDUCATION!

  • 21 Cindy 06/29/10 at 2:18 pm

    Barbara—it is my understanding that until consensus is reached, the child’s current IEP remains status quo. Therefore, if your child had participation in ESY in his current IEP (not the proposed IEP that you are meeting on), then he continues to receive that service. If the school district says otherwise, and your son missed ESY, then you have legitimate grounds for a complaint and compensatory services.

  • 22 Barbara 06/29/10 at 12:04 pm

    My district has a habit of dragging Annual IEPs out over months & months, especially for older students with Autism who may have a lot of services & accoms & mods needed on their IEP. They have a rule where they won’t let an IEP meeting go longer than two hours, so this means an annual IEP may last six months or more, by the time they get everyone present who needs to be there. This results in services being delayed that can’t be recaptured, such as ESY services. If the IEP isn’t finished until fall, even if it started in the Spring, by the time it is finished the opportunity for ESY that year is gone. Also, if training, support & services to staff are required, or assistive tech for the student, this results in a delay in these things being provided. Is there any law that requires districts to complete an IEP in a reasonable time?

  • 23 Derrick 10/07/09 at 9:40 pm

    If you meet to reconvene at a later date, what happens to the IEP that is currently in effect, or say just ending, example ends on Oct 31st, but your 3 year eval isn’t due until Dec 15th….can you extend the old IEP, until new information is received from the eval process to create a new IEP that better meets the educational needs of the student?

  • 24 JoAnn 09/26/09 at 3:39 pm

    The school district sent me a letter for an IEP meeting to take place on October 1, 2009 and I just received the letter September 26, 2009. I had already informed the CST that I wanted a conference with the teachers scheduled for Oct. 5 before I had an IEP meeting to see the progress my child is making in his school. Can the district have an IEP so soon? I thought I had 15 days to respond. I would to bring someone with me and I need time to schedule. Is this allowed by law?

  • 25 Melinda 05/26/09 at 9:22 pm

    Good information, but when the IEP is not being followed and the ‘IEP’ team does NOT exist , how do you respectfully ask that the IEP be reviewed @ the beginning of the school year instead of the end of the year because you, the parent doesnt feel the child is being reviewed properly and the parent needs more time

  • 26 Wrightslaw 05/12/09 at 9:45 am

    Parents are and always have been members of their child’s IEP team.

    For required team members look here:
    In IDEA 2004: 20 U.S.C. § 1414(d)(1)(B) and in the Federal Regulations: CFR § 300.321(a). http://www.wrightslaw.com/idea/law.htm

  • 27 Genie 05/12/09 at 9:38 am

    Everything I keep reading refers to the “IEP team”, exactly who is on it? Isn’t the parent considered a member of the IEP team, or is that too much to hope for?

  • 28 Tamara 05/02/09 at 11:47 pm

    Can the school board cancel the Eligability meeting once everyone is there because we showed up with our lawyer? They received a phone notifacation the day prior. Everyone refused to speak after he identified himself. Said we needed to get in touch with the school board lawyer. Also, does the 60 days for the eligability period continue to go on since we were present and ready to proceed?

  • 29 Kathy 04/30/09 at 2:11 pm

    Get good assessments. Get a good neuropsych if needed. I find they’re better trained and thus more equipped to really put a finger on what’s wrong with the way things are.

    Then get a good educational Special Ed Atty.

    If you need to have an aide or personal Classroom Assistant then let it be. It doesn’t matter what they call the person. If it works, do it. There should be no argument about something that is working.

  • 30 Courtney 04/10/09 at 6:26 pm

    Parent Cancel IEP?

    If parents resolve a issue of a ‘Aide” by hiring a Personal C.A, can we cancel a IEP meeting? They are collecting work-samples for 5 days to see if he needs a para for the remaining 6wks of school.The PCA offered to help him with class-work to.