TRENDING NOW: My IEP Expired!!!

Um, yeah, no, it didn’t.

I know that’s what the school district told you, but it didn’t.  And the school district can’t stop providing services because your last annual IEP meeting was over a year ago.  Here’s the deal:

By law and local state rule, IEPs need to be revisited annually.  Present levels need to be updated, goals and objectives need to be revised, placement for the next year needs to be reviewed and decided.  However, if your last annual IEP was on March 15, 2012, the world does not come to an end if you don’t have your annual IEP meeting by March 14, 2013.  Your old IEP remains in effect until the IEP team meets to have the annual meeting.

So then why do school districts tell parents that IEPs expire and insist that annual meetings MUST be held no more than 1 year from the date of the last annual IEP?

Because the law and state rule technically requires IEPs to be revisited annually, the State Department of Education tracks school districts’ compliance.  The State DOE can require a district to show them how many IEPs were not renewed within the required time.  So even though the school and the parents may have agreed to extend the annual IEP meeting past the 1 year date, that agreement doesn’t show up in the data reported to the State.  And what happens?  The district gets dinged.  Instead of dealing with answering to the State, districts fabricate this “IEPs expire” situation, tricking the parents into believing that if they don’t hold the meeting by the anniversary of their last annual meeting, their child will stop receiving services.

Absurd.

Now you know.  Don’t be bullied.  Next time they tell you that your child’s IEP is expiring, let them know that you know better……

Allison

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7 thoughts on “TRENDING NOW: My IEP Expired!!!

  1. Pingback: TRENDING NOW: My IEP Expired!!! | Charlotte, hear!

  2. My child had accomidations set in place last year with an “end date” of 8/31/16. Can the school stop giving these accommodations since we have a new IEP set in place. We never agreed to dismiss these accommodations. But we failed to address them in the new meeting. I was under the impression that the accommodations rolled over even with the end dates. Anybody please tell me what the law says.

    • Armondo, I’m so sorry for the delay in responding.

      IEPs get rewritten every year. So every year, the team needs to review accommodations and re-include the accommodations from prior years that they would like to keep. Accommodations don’t automatically “roll over” into the new IEP.

      — Allison

  3. hi
    I have a iep but it expired and im 17 but haven’t going to school because I’m not enrolled but I want to go back but I don’t know where to start. Help please

    • Maria,

      I’m sorry but it’s difficult for me to tell you where to start because I don’t know why you are no longer enrolled. Perhaps you can go to the school you are supposed to be enrolled in and speak with a guidance counselor.

      — Allison

  4. It’s unfortunate that you paint teachers and school districts as though our motive is to keep a child from services. Ridiculous! Why would a district want to do this? We exist for the success of the child – and would never want to keep a child from services that he/she has a right to. WE ARE ADVOCATES!!!
    The law DOES state that we must review progress by the anniversary date, and we try very hard to do so….We want to be in compliance with the law. However – And are very willing to work with parents together for the success of the child.

    Please be careful about how you ascribe motive to school districts and teachers. You make up sound like we purposely intended to trick or deceive. There is no reason we would want to do this – we get nothing out of it – and it defeats our stated purpose.

    • Carol,

      I regularly get phone calls from parents who tell me that the school district is pressuring them into having meetings with very little time to prepare, stating that their IEP is expiring and they HAVE to meet before the expiration date. I have had parents report that the schools HAVE gone so far as to tell them that their services will end on that date. Perhaps you misunderstood the point of the blog – I did not state that the school actually WANTS to keep services from a child, but that’s what they state will happen (which, as I said in my post, isn’t true).

      If my stated assumption for their apparent urgency in holding the annual IEP meeting before the “expiration date” is not accurate (that they don’t want to get in trouble from the state DOE), please tell me why school district personnel act this way toward parents. I’m very curious to hear a school district’s perspective.

      Allison

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