What to Do When Your Child’s IEP Is Not Being Followed

1. What to Do When Your Child’s IEP Is Not What to Do When Your Child’s IEP Is Not Being Followed Being Followed? ? As a parent, discovering that your child’s Individualized Education Program (IEP) is not being followed can be incredibly frustrating—and even alarming. The IEP is a legally binding document, designed to ensure that your child receives the support they need to thrive in school. When it’s ignored or inconsistently implemented, your child’s education and well- being can suffer. If you suspect or know that your child’s IEP is not being followed, here’s a step-by-step guide on what you can do to advocate for your child advocate for your child and ensure their rights are protected. 1. 1. Document Everything Document Everything Start by keeping detailed records of what’s happening. This includes: • Dates and descriptions of incidents or concerns. • Communications with teachers, aides, or administrators. • Copies of assignments or progress reports showing unmet goals. • Any notes your child brings home about their experiences. Clear, organized documentation will strengthen your position if you need to escalate the issue. 2. 2. Communicate with the School Communicate with the School Reach out to your child’s teacher or case manager first. Often, issues can be the result of miscommunication or staff turnover. Express your concerns calmly and factually. Ask: • “Can you help me understand how [specific IEP service] is currently being implemented?” • “I noticed [specific goal/service] hasn’t been addressed lately—could we talk about that?” Sometimes, a simple conversation can get things back on track. 3. 3. Request an IEP Meeting Request an IEP Meeting If the issue isn’t resolved quickly, request a formal IEP team meeting. You can do this in writing—email is best so there’s a timestamped record. In your request, be specific:

2. “I’d like to schedule an IEP meeting to discuss concerns about non-compliance with my child’s IEP, particularly regarding [specific services or supports].” This meeting gives you a platform to address your concerns directly with the team and push for solutions. 4. 4. Refer to the IEP Document Refer to the IEP Document Bring the IEP to the meeting and go through it point-by-point. Highlight the specific services or accommodations that are not being followed. Ask the team: • Why these elements haven’t been implemented. • What corrective steps will be taken. • How the school will ensure compliance moving forward. If necessary, ask for updates or revisions to the IEP to reflect your child’s current needs more accurately. 5. 5. Escalate If Necessary Escalate If Necessary If the issue persists even after meetings and communication: File a Written Complaint File a Written Complaint You can file a complaint with your state’s Department of Education. They are required to investigate allegations of IEP non-compliance. Request Mediation Request Mediation Mediation is a voluntary, confidential process where a neutral third party helps resolve disputes between families and schools. Due Process Hearing Due Process Hearing As a last resort, you can request a due process hearing—a legal procedure where both sides present evidence before an administrative law judge. You may want to consult an education advocate or attorney at this point. 6. 6. Seek Outside Help Seek Outside Help Sometimes, having an experienced advocate can make a huge difference. Consider: • Special education advocates. • Legal aid organizations. • Parent support networks or local disability rights groups.

3. These resources can provide guidance, support, and even representation if needed. 7. 7. Stay Involved and Follow Up Stay Involved and Follow Up After resolving the issue, don’t step back completely. Continue monitoring your child’s services and progress. Request regular updates and stay connected with the IEP team. Consistent involvement ensures your child stays on the path to success. Final Thoughts Final Thoughts It’s not just frustrating when an IEP isn’t followed—it’s a violation of your child’s rights. But you don’t have to navigate this challenge alone. By staying organized, informed, and persistent, you can ensure your child gets the education and support they deserve. You are your child’s most powerful advocate—and your voice matters.