When must the IEP be reviewed, and what if my child’s needs change?

Special education · Process and next steps

Educational content from the office of Francisco J. Vizcarrondo. Free to read, without registration.

IDEA requires periodic IEP review, at least annually, and appropriate revision for lack of expected progress, new information, and anticipated needs. Parents need not wait for the next anniversary to raise an important change.

Puerto Rico’s end-of-year rule

The February 14, 2002 Rosa Lydia Vélez judgment, “Preparación del PEI,” D.2, p. 31, requires review at least five days before the school year ends and as often as needed during the year. Section 7.4 of the 2020 Manual also addresses review. Do not recast that language as a fixed May date or five school days without supporting authority.

Changes between meetings

Section 300.324(a)(4) allows parents and the agency to agree, after the annual meeting, to make specified changes through a written amendment without convening a meeting. It does not authorize unilateral changes. The team must be informed, and parents may request a revised IEP incorporating amendments.

If services do not begin or are not delivered, retain the IEP and a session log. Next steps depend on the agreement, current needs, and the dispute.

Do not wait until August to seek next year’s program

Request annual review and a placement offer early, and retain evidence if they remain pending at the end of the school year. Do not accept simple postponement until classes begin. Document missing decisions and seek timely advice, especially if considering private school: notice and reimbursement requirements need attention before acting.

The answer for your situation depends on the facts and records. An inquiry does not suspend legal deadlines or guarantee that the office will accept the case.

Reference sources

34 C.F.R. §300.324(a)(4), (a)(6), (b) · Revisión y enmiendas / Review and amendmentsRosa Lydia Vélez · Sentencia 14 febrero 2002, pp. 21–22, 30–33; portal oficial DEPRManual DEPR 2020 · §7.4, revisión del PEI, p. 73DEPR · Guía para la redacción del PEI 2026–2027

Rules must be read in context. This explanation may require updating and individual review.

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