Agreement to Amend

The Regulations implementing IDEA 2004 provide a procedures whereby an IEP can be amended (i.e., changed) without having to pull the full IEP Team together [see 34 CFR 200.324(a)(4-6)]. Amending an IEP occurs after the annual IEP has been developed, does not change the due date when the next annual IEP is due, and can only be done when the parent agrees to do so. We created the Agreement to Amend IEP form within SpEd Forms to comply with those requirements.

Here is how it works:
1. The parent and school district must agree in writing to amend the existing IEP without convening the entire IEP Team. This is done by printing out the Agreement to Amend IEP form, and having the parent and IEP Manager sign the form.
2. The Parent and IEP Manager then discuss the changes to be made to the IEP, and the areas to changed on the IEP are noted on the Agreement form.
3. The IEP Manager (after making sure the existing IEP has been archived) makes changes to the IEP as noted on the Agreement to Amend IEP form. (Do NOT change the IEP Meeting Date - as this remains the day the IEP Team met to develop the IEP and serves as the date from which to calculate the annual IEP due date.)
4. Once the changes are made to the IEP, a copy of the Agreement to Amend the IEP and the Amended IEP are sent to the parent, along with a copy of a completed Prior Written Notice informing the parent of the proposed changes to the IEP, and copy of the Parent Consent/Objection form.
5. Once the signed Parental Consent/Objection form is returned, or after the 14 calendar day waiting period for parents to respond, the IEP Manager must: a) inform the entire IEP Team of the amendments/changes made to the IEP, and b) implement the Amended IEP.

The Agreement to Amend the IEP form is designed to be printed and filled out at the meeting with the parent. The reason for this is that the parent must agree (and the district must document their agreement) to amend the IEP without the full IEP Team prior to making changes to the IEP. If the Agreement to Amend the IEP were completed prior to the parent signing the agreement form, it is our belief this could expose the District to potential due process problems.