An Individualized Education Program (IEP) is a legally binding document designed to ensure your child receives the services and support they need to thrive in school. However, when the school fails to follow the IEP, it can disrupt your child’s progress and violate their rights. If you suspect or know that your child’s IEP is not being implemented, here’s what you can do.
1. Document the Issue
The first step is to gather evidence to support your concerns. Keep a detailed record of:
- Missed services (e.g., speech therapy sessions not provided).
- Lack of accommodations (e.g., extended test time not given).
- Notes from your child indicating struggles tied to IEP goals.
- Emails or communications with school staff about the issue.
This documentation will be crucial for resolving the situation effectively.
2. Communicate with the School
Approach the school staff calmly and professionally to address the issue. Start by:
- Contacting Your Child’s Case Manager: Share your concerns and ask for clarification.
- Emailing Teachers or Service Providers: Request updates on how they are implementing specific parts of the IEP.
- Requesting an IEP Meeting: If the issue persists, request a formal meeting to review the IEP and discuss your concerns.
Document all communications for future reference.
3. Review Your Child’s Progress
Compare your child’s current progress with their IEP goals. If they are not meeting their objectives, it may indicate the IEP is not being followed or needs adjustment. Use progress reports, test scores, and teacher feedback to identify any gaps.
4. File a Written Complaint with the School District
If informal communication doesn’t resolve the issue, submit a written complaint to the school district. Include:
- Specific details about the violations.
- Documentation of missed services or unmet accommodations.
- A request for corrective action.
This creates a formal record of your concerns and prompts the district to respond.
5. Seek Help from an Advocate or Attorney
If the problem persists or escalates, consider working with a special education advocate or attorney. They can:
- Evaluate the situation and advise on next steps.
- Represent you in meetings or mediations with the school.
- Ensure the school complies with the law and your child’s rights under IDEA.
6. File a State Complaint or Due Process Complaint
If the school remains non-compliant, you have the right to escalate the matter:
- State Complaint: File a formal complaint with your state’s department of education.
- Due Process Complaint: Initiate a legal proceeding to resolve disputes over IEP implementation or services.
Both options require clear documentation and often benefit from the support of an attorney.
7. Consider Compensatory Services
If your child has missed services or support due to IEP violations, you may be entitled to compensatory services. These additional services aim to make up for what was lost and can be negotiated through mediation or legal action.
Final Thoughts
Ensuring your child’s IEP is followed is critical to their success. While navigating these challenges can be stressful, taking a proactive approach and seeking support when needed can make a significant difference. Remember, your child’s rights are protected under federal law, and you have the tools to advocate for their education.
Take Action Today
If your child’s IEP isn’t being followed and you need help addressing the issue, contact us for a free discovery call. Our team is here to help you protect your child’s educational rights.
