You can request an IEP review if you want the team to consider a different program for your child. The school or the DOE can also request a review. This kind of review is only allowed once a year, unless you and the Department agree otherwise in writing.
- A requested review can take place without you if you don't respond to notices or other efforts to contact you, so it's important to make sure the school has your current correct address. The DOE must document its efforts to contact you.
- When a requested review is called for certain purposes (such as to reduce or end services, to increase them, or to place the student in a more restrictive environment) all the members of the IEP Team (the full committee) must be present.
In any case, an IEP Team meeting is held every school year to review your child's progress. This is called an Annual Review.
Every three years, the DOE is required to do a complete review of every child's IEP, with new evaluations if needed. This is to ensure that the recommendations reflect the student's current level of achievement and that unhelpful services are not carried over. This is called a mandated three-year reevaluation" (formerly called a "triennial"). This review can only be waived if you and the school district agree in writing that it is not necessary.
Amending the IEP After Annual Review
A change to your child's IEP may be made by the IEP Team without a meeting only if you consent in writing to each proposed change.
Before an IEP can be amended without a meeting, the IEP Team must clearly describe all of the proposed changes on the Waiver of IEP Team Meeting to Amend the IEP Form. This notice will include a clear description of all proposed changes. In addition, an IEP Team member must be available to discuss with you any and all changes. If you agree with the changes, you must sign and return the Waiver of IEP Team Meeting to Amend the IEP Form. Once the Form is received, the changes will be made without a meeting. You must be sent a copy of the amended IEP the day after the IEP is amended without a meeting.
Ending Special Education Services
You can withdraw your consent for special education services for your child at any time. Your request must be in writing. When you withdraw consent:
- The DOE must send you a completed Notice of Termination of Special Education Services Due to Parental Withdrawal of Consent in your preferred language within 10 calendar days.
- All your child's special education and related services will stop, including specialized transportation, assistive technology, program modiﬁcations, testing accommodations, modiﬁed promotion criteria, etc.
It is also possible for the IEP team to decide to "declassify" a student and end services. In that case, some elements of his or her program may remain in place during a transition period, as determined by the team. As with any change of program, this cannot happen without your approval.
In any case, a change in special education status will not guarantee a transfer to a different school. Also, the DOE is not required to remove any references to special education and related services from the student record.