Do IEPs Have to be Honored until the Expiration Date?

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teacher reading with boy and girl studentI want to revise my child’s IEP, but the school says they have to honor the IEP until the current expiration date?

An IEP does NOT have to be “honored until the expiration date.”

Circumstances and needs change.

  1. You can request an IEP meeting at any time.
  2. You can ask that the IEP be changed at any time.

The fact that you consented to the IEP does not mean you are stuck with it – or that it is appropriate for an entire year.

A parent, teacher, or related service provider may decide that a child’s IEP needs to be reviewed and revised early, before the annual review.

Reasons for reviewing and revising IEPs:

  • the child is not making sufficient progress toward goals in IEP
  • the child is struggling in general ed, needs more help
  • the child mastered all the goals in his IEP and need new goals
  • information or concerns shared by the parent or teacher
  • information from any new evaluation or reevaluation

34 C.F.R. Section 300.303 and 305

Regardless of the IEP date, your child continues to be eligible for special education and an IEP.

If the date on the IEP “expires,” the team needs to provide the services agreed upon, and negotiate the areas of disagreement.

IDEA Legal Requirements for Revising IEPs

Statute & Regulations: 20 U.S.C.§ 1414(d)(4)(A) and §300.324(b)
Wrightslaw: Special Education Law, 2nd Edition, page 104 and page 250

Review Chapter 11, Review and Revising the IEP in Wrightslaw: All About IEPs.

Look back to Appendix A, Question #20.

Read more about IEPs.

How Can I Get My Child’s IEP Changed?

My Child’s IEP Expires this Month – Help!

Our Schools Says the IEP has Expired: Now What?

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