What Should You Do If You Suspect Your Child’s IEP Is Not Being Implemented?
What Types of IEP Implementation Problems Could Occur?
You worked hard to get an IEP in place for your child. The team developed a plan that seemed appropriate to fit your child’s needs. But now, some time has passed and your good feelings about the situation are fading away. Maybe your child tells you that they never see their co-teacher in the classroom. Perhaps they tell you that they haven’t seen their speech therapist in weeks. Even if the appropriate staff is there, sometimes the level of implementation isn’t. Maybe your child is not getting extended time on tests as stated in the IEP? Are they describing discipline incidents concerning your child, but you aren’t hearing about the proper behavioral strategies being implemented.
Where to Begin If Your Child’s IEP Is Not Being Implemented
The first thing you should do is to carefully review your records to determine if there is actually a problem. Review your child’s IEP and determine if the services, accommodations, or strategies that you are expecting are actually written into the IEP. If they are not, you may want to call an IEP review meeting to discuss amending the IEP.
If you determine that the things you are looking for actually are documented in the IEP, carefully collect information about the problems with the IEP implementation. If there is a problem, collect information to support your position. Keep a log of the reports that your child makes. Review correspondence with teachers regarding their work with your child.
Depending on the severity of the perceived IEP implementation problems, decide if it is better to informally discuss your concerns with staff or if a formal IEP meeting is needed. If you notice that your child’s homework agenda hasn’t been initialed by the teacher for a few days, it may be as easy as quickly speaking to or corresponding with the teacher and providing a gentle reminder that it is very helpful to your family to know that your child’s homework assignments have been recorded correctly. If you have collected information to suggest that your child’s co-teacher who is scheduled daily has not been present in the classroom for a month, you will likely want to call an IEP meeting to discuss and document your concerns.
Making Your Concerns Known
Being an involved parent that advocates for your child can go a long way in preventing problems with IEP implementation. In case that is not enough to completely prevent IEP implementation problems, sometimes things can be cleared up with a parent teacher conference or an IEP meeting to document and clarify services.
Enlisting Help
If problems persist, you still have more options. Sometimes, bringing an advocate to a meeting signals to the team that you are serious about your child’s services and things begin to change. In come cases, lack of IEP implementation is egregious to the point that your child’ educational progress is being halted, your child is suffering harm, or other serious safety issues arise. In these cases, you may consider consulting an attorney who specializes in special education law. You may need to file for due process or file another complaint as is outlined in your state regulations.
Your child’s IEP is a legal document. The services and accommodations outlined in it must be followed. Proactively working with your child’s school team and advocating for your child are good ways to prevent IEP implementation problems. In the event that these types of issues do arise, having good documentation is key in supporting your position. If you cannot resolve the issue with your child’s IEP committee, an advocate or attorney will likely be able to help you. In serious cases, formal complaints or due process may be needed to get your issue resolved and to keep your child safe and progressing.
Dr. Brandi Tanner is a Nationally Certified School Psychologist and former special educator with over 15 years of experience in her fields. She founded Your IEP Source to guide parents through the IEP journey and to empower them to become better advocates for their children.