An individualized educational program IEP can help to make public education accessible to a child with special needs. Schools can offer various kinds of support and accommodations to children of all ages. In some cases, one-on-one support might be necessary. Other times, students may require testing accommodations or a quiet room in which to do their work.
Parents and the educators at the school typically negotiate the terms of the IEP to meet the support needs of the child. Unfortunately, parents may find themselves in a situation where educators do not follow the rules established in the IEP or provide the child with special needs with the support they deserve.
How can parents address issues with a school failing to follow the requirements of an IEP?
By documenting issues
When parents learn about IEP violations, they need to keep detailed records. Information about each incident can help prove that the violation is not a one-off incident but rather a pattern of inappropriate behavior. It may be possible to then schedule a sit-down session with a teacher or administrators to address the failure to adhere to the standards established in the IEP.
Requesting mediation
State educational rules in California embrace the idea of alternative dispute resolution. Parents frustrated by IEP non-compliance can theoretically request mediation as a way of resolving the issue. Mediation can be useful because it is confidential. Families can discuss medical issues at length without making that information publicly accessible to others. In theory, mediation can result in a binding agreement if it is successful. The school may agree to certain concessions that make it easier for the child with special needs to successfully attend school.
Pursuing civil litigation
In scenarios where IEP violations have been consistent, mediation was not successful or school professionals simply are not receptive to a parent’s concerns, legal action may be necessary. Refusing to uphold an IEP violates the rights of a student with special needs and may result in consequences in some cases.
Parents who must advocate for their children with special needs may benefit from consulting with a legal professional who understands the federal and state laws that apply in such scenarios. Getting the right support can help parents more effectively address issues with IEP non-compliance.