AMENDMENT WITHOUT A MEETING

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AMENDMENT WITHOUT A MEETING

Authorities: 34 CFR Part 300

	FEDERAL AND STATE REQUIREMENTS
Practice Citations	After the annual admission, review, and dismissal (ARD) meeting, changes to the individualized education program (IEP) may be made either:
Practice Citations	By the entire ARD committee; or
Practice Citations	By amending the IEP rather than by redrafting the entire IEP.
Practice Citations	Eligibility determinations, changes of placement, and manifestation determination reviews will not be conducted through the amendment without a meeting process.
	AMENDMENT PROCESS
Practice Citations	To amend the IEP without an ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING:
Document Citations	The parent of the child with a disability and the local educational agency (LEA) must agree not to convene an ARD committee meeting for the purpose of making changes to the IEP; and
Document Citations	The LEA must develop a written document to amend or modify the child's current IEP.
	REVISED IEP
Practice Citations	If the IEP is amended without an ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING, the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP must be informed of those changes.
Practice Citations	Upon request, the parent must be provided with a revised copy of the IEP with the amendments incorporated.

Last Updated : Wed, Apr 05, 2023

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
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