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IEP violation? Reach out to the teacher first.

| Oct 28, 2020 | Special Education Law |

Technically, if a teacher does not adhere to a student’s individualized education program (IEP), it is a violation of the law and the child’s rights.

Unfortunately, failing to follow an IEP is a common substantive violation – but it can be very serious and prevent children from making progress or obtaining the proper education. Parents should consider reaching out and discussing the matter with their child’s teacher before anything else.

Set up a meeting with the teacher directly

It is often beneficial for parents to try and solve the issue first by going to the source.

If the child’s teacher is the one failing to meet the requirements of the IEP, then parents should consider scheduling a meeting with the teacher. That way, they can:

  • Ensure the teacher has access to or a copy of the child’s IEP
  • Ask them about their child’s progress – or lack thereof – in the teacher’s class
  • Explain how the child benefits from proper IEP implementation
  • Determine a solution for moving forward

In many cases, meeting with teachers directly can be effective. Perhaps there was a miscommunication within the school, or the teacher misunderstood the details of the IEP.

Regardless, it is helpful for parents to follow up with the teacher after a few weeks to make sure they are following the IEP.

Remember to take notes

Taking detailed notes during the meeting can be incredibly helpful for parents. It ensures that they can:

  • Refer back to the notes whenever they follow up with the teacher
  • Bring the notes to the next IEP meeting to avoid the same issue in the future

Maintaining a record of these issues – as well as any conversations with teachers or the rest of the IEP team – can also be helpful.

Parents should carefully consider their options to reinforce their rights and find solutions as a part of the IEP team. An experienced special education attorney can help you understand the law and what actions might be necessary.