Can we call an IEP meeting or do we have to wait until
the annual date on the IEP or the existing IEP expires?


ford quote

34 CFR § 300.324  
Each public agency must ensure that... the IEP Team— (ii) Revises the IEP, as appropriate, to address...lack of progress... the results of any reevaluation, (C) Information [ ‘evaluations and information’ 34 CFR 305.(a)(1)(I)] about the child provided to, or by, the parents...anticipated needs...or other matters.   (Authority: 20 U.S.C. 1412(a)(1), 1412(a)(12)(A)(i), 1414(d)(3), (4)(B), and (7); and 1414(e))

IDEA 34 CFR § 300.324 uses plain language to describe the many reasons the IEP team must convene...


And as parents, [a full member of the IEP team], the district may not meet to review/revise the IEP without you (unless you refuse to participate.)


Also, an IEP does not 'expire', it is a document that IDEA requires be reviewed at least annually by the IEP team. And, "least" means "to the lowest or smallest degree". In other words, the minimum. It may become useless (old present ed levels, old annual goals, ineffective methods still listed), but it does not expire.


So if you are concerned your child is not making progress, have an evaluation you want the team to consider acting upon, or want to discuss ESY before the deadline; you can request an IEP meeting [in writing] any time. How soon? Reasonably you can expect a meeting will be held within 30 calendar days, consistent with other timelines required of a school. ** If you are requesting one over the summer, the typical 'full' IEP team may not be available (people may be out of town/state travelling during that time period).


Read the law yourself. I recommend you start with these two WrightsLaw books. You'll have the text of IDEA relevant to students in K-12, and other important references. In the other book, you will have a valuable roadmap for how to effectively advocate.






    © 2011 Amber Mintz, Non-Attorney Advocate, 610-927-9904- business hours; 9am to 4pm Monday to Friday