View FileJune 6, 2006 to El Paso, Texas Attorney Luther Jones, Esq. (MS Word)
Dated June 6, 2006Luther Jones, Esq.Attorney at Law1800 N. Stanton, No. 806El Paso, Texas 79902-3538Dear Mr. Jones:This is in response to your April 25, 2006 letter to me regarding policy interpretation questions. Listed below are your questions and my response to each.1. Can the El Paso Independent School District and the parent(s) of a Special Education Program student mutually agree to amend the Student's Individualized Education Plan (sic)? If so, can they make the applicable Amendment retroactively effective?Section 614(d)(3)(D) of the Act now provides for amendments to the individualized education program (IEP) if the school and the parent agree. That is, in making changes to a child's IEP after the annual IEP meeting for a school year, the parent of the child with a disability and the local educational agency may agree not to convene an IEP meeting for the purpose of making such changes and, instead, may develop a written document to amend or modify the child's current IEP. IEPs describe how services should be provided in the future and would not have retroactive effect.2. Does a prior IEP automatically remain in full force and effect unPlease do not hesitate to contact my office if you have any further questions. Sincerely,/s/John H. HagerPage PAGE 2 Luther Jones, Esq.
