What to Do If Your Child’s IEP Isn’t Being Followed

As a parent, you’ve worked hard to ensure that your child’s Individualized Education Program (IEP) meets their unique needs. You’ve navigated meetings, collaborated with educators, and agreed upon a plan designed to support your child’s academic and personal growth. But what happens if you find that this plan isn’t being followed? Understanding your options and taking appropriate action is crucial for ensuring that your child receives the education they are entitled to under the law.

Understanding IEP Enforcement

The IEP is a legally binding document developed under the Individuals with Disabilities Education Act (IDEA). It outlines the special education services, supports, and accommodations that your child needs to succeed in school. When an IEP isn’t followed, it can hinder your child’s progress and potentially lead to setbacks in their education. Here’s what you can do to address the situation and ensure compliance:

1. Document the Issue

Begin by documenting any instances where the IEP is not being implemented as agreed. Keep detailed records of missed services, modifications that were not made, or any discrepancies between what is outlined in the IEP and what is actually happening in the classroom. This documentation will be critical when addressing the issue with school officials and potentially taking further action.

2. Communicate with the School

Reach out to your child’s teacher, special education coordinator, or school principal to discuss your concerns. It’s often helpful to have a meeting to review the IEP and clarify how it is supposed to be implemented. During the meeting, present your documentation and discuss the specific ways in which the IEP is not being followed. This conversation can sometimes resolve issues quickly and improve compliance.

3. Request an IEP Meeting

If informal communication does not resolve the issue, request a formal IEP meeting. This meeting will provide an opportunity to review the IEP and make any necessary adjustments. Be prepared to discuss the specific areas where the IEP is not being followed and propose solutions. An IEP meeting can help to ensure that everyone involved is on the same page and committed to implementing the plan effectively.

4. File a Formal Complaint

If the issue persists despite your efforts to resolve it with the school, you have the option to file a formal complaint with your state’s Department of Education. This process involves submitting a written complaint detailing how the school has failed to comply with the IEP and requesting an investigation into the matter. The Department of Education will review your complaint and work to resolve the issue.

5. Seek Mediation or Due Process

For more serious disputes, consider requesting mediation or filing for a due process hearing. Mediation involves working with a neutral third party to resolve the conflict, while a due process hearing is a more formal legal procedure where a judge will make a determination based on the evidence presented. Both options can help ensure that your child’s IEP is followed and that their educational needs are met.

6. Consult with a Special Education Attorney

If you are unsure about the process or need assistance navigating complex legal issues, consulting with a special education attorney can be invaluable. An attorney can help you understand your rights, provide guidance on the best course of action, and represent you in legal proceedings if necessary.

Conclusion

Ensuring that your child’s IEP is followed is essential for their educational success. By documenting issues, communicating with the school, requesting IEP meetings, filing complaints, seeking mediation or due process, and consulting with legal experts, you can take effective steps to enforce your child’s IEP and advocate for their needs.

At The Hull Firm, we are dedicated to helping parents navigate the complexities of special education law and ensure that their children receive the support they deserve. If you’re facing challenges with IEP enforcement or need assistance with special education compliance, contact us today for a free discovery call. Let us help you advocate for your child’s educational rights and achieve a successful resolution.