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(4.60) If I do not sign a new IEP at the annual IEP meeting, can the district withhold eligibility or an existing IEP service from my child?

(4.60) If I do not sign a new IEP at the annual IEP meeting, can the district withhold eligibility or an existing IEP service from my child?

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No. IEPs do not expire. A new IEP must be written annually, or more frequently if necessary, or at parent/guardian/other education rights holder or teacher request to replace the current IEP.[1] If you and the school disagree on placement or services, the last agreed-upon and implemented IEP remains in effect. The disagreements may become the basis for a request for due process.Once you file for due process, your child must remain in their current educational placement until the disagreement is resolved.[2] See Chapter 6, Information on Due Process/ Compliance Procedures.

  1. 34 C.F.R. Sec. 300.324(b); 34 C.F.R. Sec. 56343.[↩]
  2. 34 C.F.R. Sec. 300.518; Cal. Ed. Code Sec. 56505(d).[↩]