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Amending the IEP

Legitimate reasons for amending an IEP 

The only valid reason for amending an IEP after an annual review is to better address the student’s individual needs. Amendments must be made with the student’s best interests in mind, not for administrative or logistical reasons. 

IEPs cannot be amended due to: 

  • lack of availability of the recommended program or service at the school. 
  • budget considerations. 
  • availability of staff or space. 

These factors should never influence decisions about a student’s IEP. The focus must always remain on ensuring that the IEP meets the student’s unique needs in the least restrictive environment. 

Amending the IEP after the annual review 

Amendments to an IEP may be made after the annual review by the IEP team at an IEP team meeting or, in limited circumstances, without holding an IEP team meeting. 

An IEP cannot be changed without a meeting: 

  • if the changes require the participation of the school psychologist on the IEP team.
  • if the changes involve the student’s program recommendation. 

Either the school/CSE or the parent can request an amendment. If the school proposes an amendment without a meeting, the parent must provide written consent for the changes to be made. 

Procedure for amending an IEP without a meeting

  1. The IEP team must clearly describe all proposed changes on the Waiver of IEP Meeting to Amend IEP form in a way that is easy for the parent to understand.
  2. The form must be sent to the parent, and the IEP team designee must discuss the proposed changes with the parent to ensure full understanding. 
  3. If the parent does not understand, disagrees, or does not respond, the changes cannot be made without an IEP team meeting. 
  4. If the parent agrees and signs the waiver, the changes can be made. 
  5. A copy of the amended IEP and the Prior Written Notice (PWN): Recommendation must be sent to the parent within 10 business days. 
  6. All relevant teachers, related service providers, and administrators must be informed of the changes and any new responsibilities. 

Amending the IEP without a meeting does not change the date of the next annual review.

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