AMENDMENT WITHOUT A MEETING

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.324  Development, review, and revision of IEP.   

(a) Development of IEP— 
. . . 
    (4) Agreement.  
       (i) In making changes to a child’s IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP.   
       (ii) If changes are made to the child’s IEP in accordance with paragraph (a)(4)(i) of this section, the public agency must ensure that the child’s IEP Team is informed of those changes.      
. . . 


Last Amended:  82 FR 29761, June 30, 2017
Entered:  Aug. 1, 2017

34 Code of Federal Regulations § 300.324  Development, review, and revision of IEP.   

(a) Development of IEP— 
. . .   
    (6) Amendments. Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in paragraph (a)(4) of this section, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.   
. . . 


Last Amended:  82 FR 29761, June 30, 2017
Entered:  Aug. 1, 2017

34 Code of Federal Regulations § 300.324  Development, review, and revision of IEP.   

(a) Development of IEP— 
. . .   
    (6) Amendments. Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in paragraph (a)(4) of this section, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.   
. . . 


Last Amended:  82 FR 29761, June 30, 2017
Entered:  Aug. 1, 2017

34 Code of Federal Regulations § 300.324  Development, review, and revision of IEP.   

(a) Development of IEP— 
. . .   
    (6) Amendments. Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in paragraph (a)(4) of this section, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.   
. . . 


Last Amended:  82 FR 29761, June 30, 2017
Entered:  Aug. 1, 2017

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
 
(a) The placement decision— 
   (1) Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and
   (2) Is made in conformity with the LRE provisions of this subpart, including §§300.114 through 300.118; 
 
(b) The child's placement— 
   (1) Is determined at least annually;
   (2) Is based on the child’s IEP; and
   (3) Is as close as possible to the child’s home; 
 
(c) Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled; 

(d) In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs; and 

(e) A child with a disability is not removed from education in age appropriate regular classrooms solely because of needed modifications in the general education curriculum.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009
SBS

34 Code of Federal Regulations § 300.306  Determination of eligibility. 
 
(a) General. Upon completion of the administration of assessments and other evaluation measures— 
   (1) A group of qualified professionals and the parent of the child determines whether the child is a child with a disability, as defined in §300.8, in accordance with paragraph (c) of this section and the educational needs of the child; and 
   (2) The public agency provides a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent. 
      
(b) Special rule for eligibility determination. A child must not be determined to be a child with a disability under this part— 
   (1) If the determinant factor for that determination is— 
      (i) Lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act (December 9, 2015)); 
      (ii) Lack of appropriate instruction in math; or 
      (iii) Limited English proficiency; and 
   (2) If the child does not otherwise meet the eligibility criteria under §300.8(a). 

(c) Procedures for determining eligibility and educational need. 
   (1) In interpreting evaluation data for the purpose of determining if a child is a child with a disability under §300.8, and the educational needs of the child, each public agency must— 
      (i) Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child’s physical condition, social or cultural background, and adaptive behavior; and 
      (ii) Ensure that information obtained from all of these sources is documented and carefully considered. 
   (2) If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with §§300.320 through 300.324.


Last Amended:  82 FR 29761, June 30, 2017
Entered:  Aug. 1, 2017
SBS

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(e) Manifestation determination. 
    (1) Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine—   
       (i) If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or   
       (ii) If the conduct in question was the direct result of the LEA’s failure to implement the IEP.   
    (2) The conduct must be determined to be a manifestation of the child’s disability if the LEA, the parent, and relevant members of the child’s IEP Team determine that a condition in either paragraph (e)(1)(i) or (1)(ii) of this section was met.   
    (3) If the LEA, the parent, and relevant members of the child’s IEP Team determine the condition described in paragraph (e)(1)(ii) of this section was met, the LEA must take immediate steps to remedy those deficiencies.   
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.324  Development, review, and revision of IEP.   

(a) Development of IEP— 
. . . 
    (4) Agreement.  
       (i) In making changes to a child’s IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP.   
. . .  


Last Amended:  82 FR 29761, June 30, 2017
Entered:  Aug. 1, 2017

34 Code of Federal Regulations § 300.324  Development, review, and revision of IEP.   

(a) Development of IEP— 
. . . 
    (4) Agreement.  
       (i) In making changes to a child’s IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP.   
. . .  


Last Amended:  82 FR 29761, June 30, 2017
Entered:  Aug. 1, 2017

34 Code of Federal Regulations § 300.324  Development, review, and revision of IEP.   

(a) Development of IEP— 
. . . 
    (4) Agreement.  
       (i) In making changes to a child’s IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP.   
. . .  


Last Amended:  82 FR 29761, June 30, 2017
Entered:  Aug. 1, 2017

34 Code of Federal Regulations § 300.324  Development, review, and revision of IEP.   

(a) Development of IEP— 
. . . 
    (4) Agreement.  
. . .    
       (ii) If changes are made to the child’s IEP in accordance with paragraph (a)(4)(i) of this section, the public agency must ensure that the child’s IEP Team is informed of those changes.      
. . . 


Last Amended:  82 FR 29761, June 30, 2017
Entered:  Aug. 1, 2017

34 Code of Federal Regulations § 300.324  Development, review, and revision of IEP.   

(a) Development of IEP— 
. . .   
    (6) Amendments. Changes to the IEP may be made either by the entire IEP Team at an IEP Team meeting, or as provided in paragraph (a)(4) of this section, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.   
. . . 


Last Amended:  82 FR 29761, June 30, 2017
Entered:  Aug. 1, 2017

OSERS Dear Colleague Letter (August 1, 2016)

OSERS Questions and Answers on Individualized Education Programs (IEPs), Evaluations, and Reevaluations (September 2011)