What happens if an IEP annual review is overdue?

Does an IEP simply expire on its anniversary?

IDEA requires the IEP team to review the plan at least annually. Agencies must also have an IEP in effect for each eligible child at the start of the school year. A missed review date is not, by itself, a decision that the child no longer needs special education. Do not assume the anniversary permits the school to stop services.

Ask the district to explain which IEP it is implementing and schedule the overdue review. If it proposes to end eligibility or change provision, ask for the written decision and applicable procedural safeguards. Graduation, age eligibility, consent and formal disputes can raise separate issues.

Send a short written request

Our child's most recent annual IEP meeting was on [date]. Please confirm the next annual review date and arrange a meeting promptly. Please also confirm which IEP and amendments staff are implementing now, whether any services have changed, and how we can obtain the current progress reports.

Keep a copy and the acknowledgement. Your requested response date is a follow-up request, not a federal deadline that applies to every state.

Collect the records for the review

• The current IEP, amendments and meeting notices.
• Progress toward each annual goal and examples of classroom work.
• Service records and dated examples of missed or changed support.
• The child's priorities, family observations and new reports.
• Any proposed changes in services, placement or transition planning.

Is an annual review the same as reevaluation?

No. Reviewing goals and services is different from deciding what new evaluation information is required. IDEA has separate reevaluation provisions, including a general three-year rule unless the parent and agency agree reevaluation is unnecessary. Ask which process is overdue and what each meeting is intended to decide.

Can a quick amendment replace the annual review?

IDEA permits agreed written amendments after the annual meeting. That mechanism does not remove the requirement to review the IEP at least annually. If a form is presented as an amendment, ask how and when the annual review requirement is being met.

If services have stopped

Document the exact IEP requirement, dates of missing delivery and educational impact. Request restoration and consideration of any remedy needed. If the issue remains unresolved, use your state complaint, mediation or due process information as appropriate to the dispute. A delayed meeting does not automatically establish a particular compensation award.