Sage-Tips

What happens when a school does not follow an IEP?

If parents are able to show that the school district did not follow an IEP, the most common consequence is some amount of public-funded compensatory education. Compensatory education is tutoring hours that is intended to make up for the student’s educational loss caused by the school district not following an IEP.

What to do if IEP is not working?

Consider how long your child’s IEP has been in place. That doesn’t mean you shouldn’t continue to keep track of your concerns. It just means it may be too early to have any definitive data to see if your child’s accommodations , services and supports are having a positive impact.

Is an IEP legally binding?

Is an IEP legally binding? Yes, an IEP is a legally binding document. School administrators and the parents of a child with a disability will set up an IEP after a meeting at which they discuss the child’s needs and the school’s ability to accommodate them.

Is it illegal to not follow an IEP?

Screams of “But she wasn’t following the IEP, that’s ILLEGAL!” is not going to do anything except get everyone more emotional. It’s incredibly frustrating, but there is very little repercussion for schools who do not follow IEPs. All the more reason parents need to become more involved in citizen lobbying for our kids.

Can a student with an IEP be failed?

Can an IEP Student fail a grade? The short answer is yes. An IEP does not guarantee that a child will not fail a grade. Nor is there any wording in IDEA that prohibits a school from failing a child because they have an IEP.

What if a parent doesn’t agree with IEP?

Refuse to sign the IEP. In most states this means the school can’t do the things in the IEP. If you don’t sign the IEP, the school can use it anyway. But they must tell you in writing that they are starting the IEP. AND they must wait 14 days before they start using the IEP.

What to do if a parent disagrees with IEP?

To Be Given a Hearing Regarding Disagreements About an IEP Parents have the right to present a complaint relating to the provision of a FAPE for their child; to have an attorney, an advocate, and the student, if appropriate, present at the due process hearing; and to make the hearing public.

Who has a right to an IEP?

Parents
Parents have the right to participate in individualized education program (IEP) meetings about the special education eligibility, assessment, educational placement of their child and other matters relating to their child’s free appropriate public education (FAPE).

Can a teacher be sued for not following an IEP?

Can I sue them for not following the IEP? No, not really. If you were to file a lawsuit, most judges will throw out the case if you have not gone through Due Process first. There’s no such thing as an IEP Violation Lawsuit or anything like that.