Ogdensburg, NY asked in Education Law for New York

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?

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Education Law Lawyer
  • New York, NY
  • Licensed in New York

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.

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

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.

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