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

If you are a parent of a child with special needs, you most likely know what an Individualized Educational Plan (IEP) is. For those who aren’t familiar with the term, an IEP is a legal document that defines a program of special education instruction and support services that kids need to make progress and thrive in a school setting. A common complaint among parents and caregivers of children who have special needs is that their IEP is not being followed.

Approach your child’s education team with concerns

There could be several reasons for a lapse in services, and the first step is always to approach your child’s educational team with your concerns.  A day or two without services due to unforeseen circumstances could be rectified with a note to the teacher. However, a recurring and long-term loss of services may call for more formal action.

Once an IEP is accepted, the school legally must provide all the services described in that plan right away, unless there is a stipulation in the IEP that some services are to start later.  When IEP services are not delivered as written,  steps can be taken to enforce the IEP and obtain compensatory services to make up for the lost services.

Document everything and keep the documentation

First, make sure everything is clearly defined in the IEP.  If you find that part or all of the IEP is not being followed, the first step is to document everything — even something that seems trivial because it could turn into an ongoing problem. Keep all the documentation with your IEP paperwork.

When communicating with the school about IEP issues, be specific and factual and focus on what the child has not received. For example, “Per their IEP, they are supposed to be able to go to a quiet room to do testing, but according to them, that did not happen for last Tuesday’s test.”

Next, request an IEP meeting

If documentation alone doesn’t prompt the school to correct the issue, you can request an IEP meeting. First, submit the request in writing, stating why you want the meeting and citing specific examples. Then, bring all of your documentation to the meeting.

Consider finding an advocate to go with you

If things get to this point, it is very easy for parents and caregivers to become angry and frustrated. If this is the case, you may want to consider finding an advocate to go with you to the meeting or at least give you some tips on communicating your concerns effectively in person. You can find a special education advocate by contacting Disability Rights California or Rowell Family Empowerment Center.

If you’re still not satisfied with the results of the meeting, or if the IEP services are still not resolved afterward, there are a couple of other avenues to pursue.

More steps you may need to take

Contact the California State Department of Education to file a special education complaint. There are instructions on how to file a complaint on their FAQ page. You can also consult a special education attorney, but keep in mind that the closest attorneys specializing in this area are located in the Sacramento and San Francisco area.

Less popular but sometimes necessary options are to transfer to another school district or homeschool and pay privately for outside services. In the end, all families must choose what is right for them and, most importantly,  what is right for their child.

Be prepared, stay organized and know your rights

Even if your child isn’t having issues with their IEP, it helps to be prepared.  Keep a specific notebook or binder with the IEP and related paperwork so you can stay organized. In any IEP meeting, don’t sign anything unless you are completely comfortable with it. You have the right to refuse and the right to request adjustments to the IEP before signing it.

For information on filing a special education complaint, visit cde.ca.gov/