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Gerald-Esquire, Attorney
Category: Education Law
Satisfied Customers: 2739
Experience:  30 years experience.
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My daughter attends a Catholic School. She has an IEP. The

Customer Question

My daughter attends a Catholic School. She has an IEP. The Superintendent at the local public school wants to write a service plan for her to work with a behavior specialist. I would rather they just rewrite or add a behavior plan to her current IEP.
Submitted: 7 months ago.
Category: Education Law
Expert:  Gerald-Esquire replied 7 months ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

§ 300.324 of the Federal Regulations pertaining to IDEA provide:

Development, review, and revision of IEP.
(4) Agreement.

(i) In making changes to a child’s IEP after the annual IEP Team meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP Team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP.

If changes are made to the child’s IEP in accordance with paragraph (a)(4)(i) of this section, the public
agency must ensure that the child’s IEP Team is informed of those changes.

(6) Amendments. Changes to the IEP may be made either by the entire IEP Team at an
IEP Team meeting, or as provided in paragraph (a)(4)of this section, by amending
the IEP rather than by redrafting the entire IEP.

Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.

Accordingly the law allows for an Amendment of the IEP during the school year and without the need for a Team meeting, so long as you and the school agree.

    The federal law does not limit the types of changes that may be made to the IEP. It merely requires that the parent and the district agree. So there is no reason why your request can not be granted that the behavior management issue can not be incorporated into the existing IEP.

    Having said that, there is no regulation that would require the District to address the issue through an Amended IEP. Since, you must also agree to the process perhaps a full meeting f the team would be appropriate.

    In order to obtain negotiating leverage over the Superintendent, You might consider a letter to the superintendent agreeing to amend the IEP without a meeting, but that if he insists on a new service plan that you want a full IEP TEAM meeting to address your concerns.

    I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

    Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

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    Good luck.

    Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

    Kind regards,


    Customer: replied 7 months ago.
    I already knew that information you sent. My daughter has an IEP for Speech services more specifically articulation. I had to fight to get her this IEP when she was in pre-school. She is now a 3rd grader. Instead of them just making an amendment to her IEP and adding an FBA functional Behavior Assessment and plan with goals, the superintendent wants to write a totally different document called a "service Plan". I don't think it is legal to have both. Am I correct? She is on scholarship at a private school and receives state funds. In order for this behavior specialist to work with her through federal IDEA funds the district wants him to write by himself a "Service Plan" instead of amending her IEP that is already in place.
    Expert:  Gerald-Esquire replied 6 months ago.


    Thank you for the additional information. This mode of communication is sometimes not the best. It lacks the normal give and take. So if I tell you things you already are aware of please bear with me.

    You are correct. The most appropriate way to address the issue is to amend the IEP.

    I do not grasp the reluctance of the superintendent on the issue. I can not from a legal perspective guess at the reason for his position. Clearly, as you have expressed, your daughter has a right to have the IEP amended to address the issue.

    You may be better off obtaining your own assessment privately that will show the behavior issues are related to the speech issues. (They most often are because of the frustration the child feels in not being heard/understood.) If the school does the assessment and it does not support this conclusion they school could deny you the assistance that your child needs.

    With the assessment in hand you can pressure the School District to amend the IEP to provide for the behavior management piece. Under Section 504 and under IDEA the school is obligated to provide the services necessary to our child if they are related to the disability issue.

    Once you have the assessment that the speech issue and behavior issue are interrelated write to the Superintendent and demand the amendment to the IEP and start the process of pushing for the amended IEP.

    Here is a sample letter that you can use to get the process started:

    You will want to edit it to address your situation specifically, and to politely "call out" the delay. Something like

    "As you know I had verbally requested that the IEP be amended to address the behavior issue as it is linked to the speach impediment issue. Your delay caused me to obtain my own professional assessment attached. This assessment clearly shows the link. I am now insisting that the IEP tema be called to develop an amendment to the IEP to address this issue. My daughter is entitled to additional assistance under IDEA and Section 504."

    If the superintendent is not being helpful you have the right to appeal to the Department of Education for assistance.

    This link has extensive information on the OHIO process and your rights:

    Here is a link to the Ohio law as well:

    This link contains extensive information on Section 504 and IDEA that may be useful to you:

    I hope this additional information is helpful to you.

    Kind regards,


    (Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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