Q: A student with an IEP in school has a set plan that we educators must follow. Is it okay for the principal to change it
Must there be a team meeting on the student and change or will a signed paper from the parent suffice? Which is more powerful, the principal or IEP? Can a teacher be written up for following the IEP over the directive from the administrator?
A: An IEP can only be changed at a noticed meeting. Failure to follow the IEP is the improper act. Following it cannot be overruled by a principal. A principal can, like any committee member, call a CSE meeting.
A: The Individuals with Disabilities Education Act (IDEA) does allow for amendment of an Individualized Education Plan (IEP) without calling a meeting of the IEP team. IEP amendments require that the parent and the district agree on the change. Services cannot be guaranteed by a verbal agreement alone; the amendment must be put into writing and attached to the existing IEP document. An IEP amendment cannot take the place of the required annual IEP meeting.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.