What to Do When Your Child's IEP Isn't Followed

Identifying When an IEP Isn’t Being Followed

An Individualized Education Program (IEP) is essential for ensuring that children in special education receive the necessary accommodations and support to succeed academically. However, there are occasions when these plans aren’t executed as intended. You may notice that your child isn’t getting the extra time on tests, the specialized resources, or other agreed-upon accommodations outlined in their IEP. Keep an eye out for signs such as a decline in academic performance, frustration with schoolwork, or comments from your child about not receiving the help they need.

Regularly communicating with your child about their school experience can provide valuable insights into whether their IEP is being implemented. Encourage them to be open about any difficulties they are facing or if they notice any lapses in the support they are supposed to receive. Also, review your child’s schoolwork and any feedback from teachers to identify any discrepancies between what is outlined in the IEP and what is being practiced in the classroom.

Additionally, maintaining a close relationship with your child’s teachers can help you stay informed about their progress and any challenges in implementing the IEP. Attend parent-teacher conferences, and don’t hesitate to reach out to teachers for updates or to express any concerns you might have. This proactive approach can often catch issues early, allowing for quicker resolutions.

Documentation is also crucial. Keep records of your communications with the school and any instances of non-compliance. This can be vital should you need to escalate the issue later on. By staying engaged and observant, you can help ensure that your child’s IEP is being followed, providing them with the support they need to thrive.

First Steps to Address IEP Non-Compliance

If you suspect that your child’s IEP is not being adhered to, begin by confirming that all relevant teachers have an up-to-date copy of the IEP. Sometimes miscommunication or staff turnover can result in a teacher not being aware of the IEP’s requirements. Start by sending a concise, polite email to the teacher who may not be following the IEP. Mention the specific accommodation that was missed and attach the latest version of the IEP for their reference. An example email might say, “Hi Mr. Teacher, M mentioned that he did not receive a physical copy of the math notes today. As this is part of his IEP, I wanted to bring it to your attention. Here is the current copy of his IEP for your reference. Thank you for your support!”

If it seems more appropriate to call the teacher, feel free to do so, but always follow up with an email summarizing your conversation. This creates a documented trail of your efforts to resolve the issue.

If the problem persists after this initial communication, it’s time to involve school administration. Reach out to an administrator you have a positive relationship with and provide them with a detailed account of your previous communications and the ongoing issues. A sample message could be, “Ms. Admin, on [date], I contacted Mr. Teacher regarding providing math notes for M as outlined in his accommodations. Despite supplying a copy of the IEP, M is still not receiving these notes. Before we call an IEP meeting, I wanted to reach out to you to seek a resolution.” Following up on this communication with written documentation is crucial to maintain a record of your attempts to address the issue.

Utilizing Procedural Safeguards

Familiarizing yourself with procedural safeguards is crucial when dealing with IEP non-compliance. These safeguards provide legal protections and outline various options for resolving disputes, including mediation and due process hearings. The Supreme Court case Endrew F. v. Douglas County School District underscored the requirement that schools provide an education reasonably calculated to enable a child to make progress appropriate to their circumstances.

Begin by thoroughly reviewing your state’s procedural safeguards document, which you can find on your state’s Department of Education website. This document will detail the steps you can take if you believe your child’s IEP is not being properly implemented.

Mediation is a less formal option where a neutral third party helps you and the school reach a mutually agreeable solution. It’s often quicker and less adversarial than a due process hearing. Both parties must agree to participate in mediation, and the discussions are confidential.

If mediation does not resolve the issue, or if you prefer a more formal approach, you can request a due process hearing. This is a formal legal proceeding where you present your case to an impartial hearing officer. It’s advisable to consult with an attorney or a special education advocate if you choose this route, as the process can be complex and legally intensive.

Understanding these safeguards empowers you to take the necessary steps to ensure your child’s IEP is followed. By being well-informed, you can more effectively advocate for the educational support your child is legally entitled to receive.

Escalating Concerns to School Administration

When initial efforts to resolve IEP issues with teachers are unsuccessful, it might be time to involve school administration. Begin by contacting an administrator with whom you have a good rapport. Provide them with a detailed account of your previous communications with the teacher and explain the ongoing issues. A sample email could read: “Ms. Admin, on [date], I contacted Mr. Teacher regarding the provision of math notes for M, as outlined in his accommodations. Despite providing a copy of the IEP, M is still not receiving these notes. Before we call an IEP meeting, I wanted to reach out to you to try to resolve this.” Following up conversations with written documentation is critical to maintain a record of your attempts to address the issue.

If the problem persists, you may need to request a formal IEP meeting to address the non-compliance directly. During this meeting, ensure you are prepared with documentation and know your bottom line regarding the accommodations. You are an equal member of the IEP team and should feel comfortable voicing your concerns. If necessary, consider seeking support from an advocate. Should the IEP still not be followed, your next step is to utilize the procedural safeguards to determine the best formal dispute resolution option for your situation.