Amendments

Explanation

If a student’s needs change during the school year, the IEP team may decide to amend the student’s IEP to make changes to relevant section(s) rather than redrafting the entire document. When completing an amendment, be sure that there continues to be alignment between the information in the PLAAFP, the goals, progress monitoring procedures, and identified services. An IEP team meeting is not required for all amendments (see Option A below), but there are circumstances where a meeting should be held (see Option B).

Amendment to an IEP Checklist.pdf

Location of the Amendment checkbox in the IEP module in SpEd Forms. Be sure to click the Amendment checkbox and add the IEP Amendment Date when completing an amendment.

Location of the IEP Amendment date box in the IEP module in SpEd Forms. Be sure to FINALIZE

OPTION A: Informal Discussion Between Relevant Members of the IEP Team; Partial IEP Team Convened

If the student's parent(s)/guardian(s) and the district agree not to convene an IEP team meeting to discuss the proposed amendment, the proposal must be reviewed either through an informal group discussion or through the case manager connecting with team members separately (in person, over the phone, or via written communication).

Here are some examples of cases where an informal discussion would be appropriate:

To modify existing IEP goals and/or short-term objectives (e.g., changes to measurement tool, goal target)
To make moderate adjustments to the duration and/or frequency of a direct, indirect, or related service
To add, delete, or modify a supplementary aid (e.g., accommodation, modification, or AT), service (e.g., paraprofessional support), or support to school personnel
To change a transportation provision
To change language related to state or district-wide assessment
For minor omissions/corrections

When an IEP team meeting (Option B) is not held, all discussions, decision making, and commitment of resources must include communication with the parent/guardian, the student (if transition age), and all other IEP team members whose participation is relevant to the part(s) of the IEP being amended. If it becomes apparent that discussion, decision making, and commitment of resources cannot be completed without a formal meeting, the full IEP team must convene.

Documents Sent to Parent/Guardian & Filed in the Student's SpEd Records:

1. A copy of the amended IEP and (if applicable) Behavior Support Plan

2. Prior Written Notice (PWN) with Parental Consent/Objection Form (*this form will print automatically with the PWN)

The PWN should be dated for the date it is sent to parent(s)/guardian(s). The start date for services should be 14 days after the PWN date, and there is no need to change the date on the IEP if the parent signs earlier (though services will start the day after the signature is received). Use the PWN Box #5 (Additional factors relevant to the district's proposed or refused action) drop down when completing an amendment without a Full Team Meeting.

Box #5 Drop Down Statement: The parents and district agree to amend STUDENT’s annual IEP dated ____ without holding an IEP meeting. The specific changes proposed through this amendment are described above. In agreeing to amend the IEP in this manner, it is understood that amending the IEP does not change the required annual IEP review date and the entire IEP team will be informed of the changes made to the IEP.

OPTION B: Formal IEP Meeting; Full IEP Team Convened

A meeting must be held:

To add or remove an annual IEP goal
To add, remove, or considerably adjust the frequency/duration of a direct, indirect, or related service
To propose a change in federal setting
If requested by the parent/guardian or the school

All IEP team attendance, documentation, and notice requirements covering annual IEP meetings also apply when a district convenes an IEP team meeting to consider a proposed IEP amendment. Before the meeting, the case manager should identify the change that needs to be made, collect supporting data, determine who needs to be at the meeting, and send a Notice of Team Meeting.

Documents Sent to Parent/Guardian & Filed in the Student's SpEd Records:

1. A copy of the amended IEP and (if applicable) BSP

2. Prior Written Notice (PWN) with Parental Consent/Objection Form (*this form will print automatically with the PWN)

3. Notice & Record of Team Meeting

*Note that an Agreement to Amend Form is not necessary in cases where the full IEP team was convened to review the changes to the IEP.

Guidance on Common Scenarios

Adding Services and Supports in a “New” Area

A “new” area is one that is not closely related to existing areas that are addressed through special education services and supports. For example, if math services and supports are added to an IEP that previously addressed only reading, math is a “new” area; if services and supports promoting multiplication and division success are added to an IEP that previously addressed addition and subtraction, multiplication and division reflect a normal progression within math and are not “new.”

The general education intervention process is not required to add areas of service to the IEP of a special education student. However, this process should be considered whenever the needs of a special education student might reasonably be addressed without special education services or supports. The data supporting the addition of services and supports in a new area must be documented in the IEP.

Data Standards

IEP teams need to base their decision on sound data. Data may come from a variety of sources. When considering additional needs, the data generated through the general education classroom that reflects an individual’s progress in the context of assistance provided to the student is the first source to consider. Data must clearly support the conclusion that identified needs require special education services and supports, rather than other forms of assistance.

Documentation

State the IEP team’s conclusion regarding the need for supports beyond those typically provided to all general education students and summarize the data that supports this conclusion, including progress and discrepancy information. Example: "The IEP team believes that Karina requires greater assistance in the area of math than is provided to most students. She has struggled with concepts and applications related to algebra variables, data analysis, and probability. Her math scores on the Minnesota Comprehensive Assessments are well below the proficient level and her test, quiz, and assignment scores are consistently with the lowest 10 to 15% of the class."
State the IEP team’s conclusion regarding the individual’s need for special education services and supports in the new area, and summarize the information that supports this conclusion, including the impact of previous efforts. Example: "The IEP team believes that special education services and supports, including frequent progress monitoring and adjustments to instruction, are needed. Karina currently receives her math instruction in a co-taught classroom and is frequently included in small groups of students who are experiencing difficulties and receive focused instruction by a special educator. In addition, her general education teacher affords her additional individual time (15-20 minutes, 3-4 times per week) and her parents provide nightly homework support. Weekly algebra probes show little or no gains over the past eight weeks."

Frequently Asked Questions

What qualifies as a significant change?

The IEP team determines a significant change needs to be made to the student’s current IEP. MN Rule- 3525.0210 Subpart 41 defines a Significant Change in Program or Placement :

● The IEP goals have been completed or required modification based on a progress report

● There is a need to add or delete a service based on a progress report or evaluation

● There is a change in the type of site or setting in which the pupil receives special education

● The amount of time a pupil spends with nondisabled peers is changed

● The amount of special education to accomplish the goals or objectives needs to be increased or decreased

● The team determines there is a need for a conditional intervention procedure

When I am changing a student's service minutes via amendment, should I (A) leave in the old service row, change its end date/expected duration, and add a new row with the new minutes or (B) delete the old row and add a new row with the new minutes?

Both methods for handling this situation would meet state compliance standards. We recommend (B) delete the old row and add a new row with the new minutes because it is more parent friendly. Some of our students have very complex service grids, and if we leave old rows on the service grid when the minutes for that service have simply been increased/decreased, it would make it very difficult for a parent to look at the service grid and discern exactly what their child is receiving.

Rather than deleting the old row and adding a new one, you could also modify the existing row. After you have adjusted the frequency and/or duration of the service, be sure to adjust the start date (should be 14 calendar days from when the PWN is sent to the parent/guardian) and expected duration (i.e., it will be less than one year--however much time remains between the start date of the new service and the end date of the IEP).

If an IEP team decides to add direct services to the IEP of a secondary student midway through a grading period and it doesn't make sense to drop their current course to make room for the direct service (e.g., they'd be giving up an elective course they're currently passing to add a SpEd study skills class), how do we handle/document this?

The service grid can start at the beginning of the next grading period. Explain in LRE and in the Other Options Considered box in the PWN. (e.g., "The team considered starting services on 12/11/17 but determined that STUDENT is currently passing his/her elective class..."). This information could also be included in the PLAAFP.

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