South Amboy, NJ asked in Education Law for New Jersey

Q: My sons school finally gave him a full period of Orton Gillingham. How do I get it put in his IEP

He is severely dyslexic and at first grade level reading/writing.

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2 Lawyer Answers
Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Livingston, NJ
  • Licensed in New Jersey

A: You should send a letter to the case manager requesting an amendment to the IEP without meeting.

Lori E. Arons
Lori E. Arons
Answered
  • Education Law Lawyer
  • Hackensack, NJ
  • Licensed in New Jersey

A: Pursuant to N.J.A.C. 6A:14-3.7(d) the IEP may be amended without a meeting of the IEP team as follows: (1) The IEP may be amended if the parent makes a written request to the district board of education for a specific amendment to a provision or provisions of the IEP and the district agrees; (2) The school district provides a written proposal to amend a provision or provisions of the IEP and, within 15 days from the date the written proposal is provided to the parent, the parent consents in writing to the proposed amendment; (3) All amendments pursuant to (d)1 and 2 above shall be incorporated in an amended IEP or an addendum to the IEP, and a copy of the amended IEP or addendum shall be provided to the parent within 15 days of receipt of parental consent by the school district; and (4) If an IEP is amended pursuant to this subsection, such amendment shall not affect the requirement in (i) below that the IEP team review the IEP at a a meeting annually, or more often if necessary.

If the district has sent you a "Request to Amend the IEP Without a Meeting" then you may sign consent and return it to the district within the 15 days, and retain a copy for your records. If the district has not sent you such a request, then you should send the written request that IEP be amended to include the service, and if that does not secure the desired result, request an IEP meeting to address the issue.

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