IEP Expired - Now What?

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In This Issue . . .

Circulation: 73,767
ISSN: 1538-320

IEPs do not expire. An IEP remains in effect until a new one is written or you agree that an IEP for specialized instruction and related services is no longer needed.

Removal from special education requires prior written notice from the school. This procedural safeguard, designed to protect the child and parent before any change of placement, is required by IDEA, but not in Section 504.

In this issue of the Special Ed Advocate you'll learn about differences in IDEA and Section 504, procedural safeguards, and what you should consider before allowing the school to discontinue an IEP.

Please don't hesitate to forward this issue to other friends, families, or colleagues.

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The Wrightslaw Way Blog

Can My Child's IEP Expire?

"My child has an IEP for 'learning disability' services. The school says she no longer has a learning disability and told me her IEP would expire at the end of this month. What accommodations should I have them put in the 504 plan?"

You need to be sure there is a reason to discontinue the IEP. Make sure you know what you are agreeing to - and why. A learning disability is not something a person outgrows.

Find out what you should consider before agreeing the IEP is no longer needed, and what the school is required to provide in Our School Says the IEP has Expired: Now What?


Section 504 and the ADA

Unlike the IDEA, Section 504 does not require the school to provide an IEP designed to meet your child's unique needs. Under Section 504, fewer procedural safeguards are available to children with disabilities and their parents than under IDEA.

When the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) became effective in January 2009, it strengthened Section 504 and the ADA. Read a summary of ADAAA and the impact for children with disabilities in public schools. Read more.

Confusion About Benefits & Rights in IDEA & Section 504

Some parents and educators believe that under IDEA, the child must be placed in special education classes but that if the child has a 504 plan, the child may remain in the regular classroom. For these reasons, parents often assume that Section 504 is more desirable. This is incorrect. "Special education" under IDEA is not a place or placement.

Read Key Differences Between Section 504, the ADA, and the IDEA by Pete and Pam Wright.

On the Wrightslaw Way Blog

Does a Child Need an IEP AND a 504 Plan?

My District Doesn't Do 504s. Will a Child Study Plan Work?


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