YOUR CHILD'S IEP - 10 STEPS TO CONSIDER WHEN YOU BELIEVE THAT YOUR SCHOOL IS NOT COMPLYING

Here are the Top 10 items a parent should consider when facing an issue of non-compliance with their child's Individualized Education Program (IEP):

1. Review the IEP Thoroughly: The first step is always to revisit the IEP document itself. Understand the specific goals, services, accommodations, and modifications outlined. Pinpoint exactly which aspect of the IEP you believe is not being followed. Having a clear understanding of the agreed-upon plan is essential for effective communication.

2. Document Everything: Keep meticulous records of instances of non-compliance. This includes dates, times, specific situations, names of individuals involved, and the impact on your child. Written communication (emails, letters) is particularly valuable. This documentation will serve as crucial evidence if further action is necessary.

3. Communicate Directly and Proactively: Initiate communication with the school team (teacher, case manager, principal, special education director). Clearly and calmly explain your concerns, referencing the specific parts of the IEP that are not being implemented. Often, misunderstandings can be resolved through open dialogue. Document these communications as well.

4. Know Your Rights: Familiarize yourself with the Individuals with Disabilities Education Act (IDEA) and your state's specific special education regulations. Understanding your procedural safeguards will empower you to advocate effectively for your child's rights.

5. Seek Clarification and Ask Questions: Don't hesitate to ask for clarification if you don't understand why a particular aspect of the IEP isn't being followed. Request data or evidence that supports the school's actions or inactions. Understanding the school's perspective can sometimes lead to a collaborative solution.

6. Consider Mediation: If direct communication doesn't resolve the issue, explore mediation. This is a voluntary process involving a neutral third party who helps facilitate communication and negotiation between you and the school district. It can be a less adversarial and more cost-effective way to reach an agreement.

7. Understand the Formal Complaint Process: Be aware of your state's formal complaint procedures through the Department of Education. This is a more formal avenue for addressing non-compliance and can lead to an investigation and required corrective action if the complaint is substantiated.

8. Explore Due Process: Due process is a more formal legal proceeding available under IDEA to resolve disputes regarding a child's special education. This involves a hearing officer who makes a binding decision. It's generally recommended to seek legal counsel if considering due process.

9. Collaborate and Seek Solutions: While advocating assertively for your child's rights, aim for a collaborative approach whenever possible. Frame your concerns in terms of your child's educational needs and work with the school to find mutually agreeable solutions that ensure IEP implementation.

10. Seek an Advocate or Legal Counsel When Necessary: If the non-compliance is significant, persistent, or impacting your child's progress substantially, or if informal attempts at resolution have been unsuccessful, it is prudent to consult with a special education advocate or an education law attorney. An attorney can provide guidance on your legal rights, help you navigate complex procedures, and advocate effectively on your behalf.

By keeping these ten points in mind, parents can approach IEP non-compliance issues in a more informed and strategic manner, ultimately working towards ensuring their child receives the free and appropriate public education they are entitled to.