How to Prove School is Not Following IEP

What's happening

You've noticed that your child's Individualized Education Program (IEP) isn't being implemented as promised by the school. Perhaps services are inconsistent, accommodations aren't provided, or there's a lack of communication from teachers. This can be frustrating and concerning, as an IEP is designed to support your child's unique educational needs. It's crucial to recognize these discrepancies early and take action to ensure that your child's right to receive a Free Appropriate Public Education (FAPE) is protected.

Why it happens

There are several reasons why a school might not be fully implementing an IEP. Sometimes, it's due to resource constraints, such as staffing shortages or budget issues. Other times, miscommunication between staff, or even a simple misunderstanding of the IEP’s requirements, can lead to gaps in service. Under the Individuals with Disabilities Education Act (IDEA), schools are required to follow the IEP; however, they may fall short unintentionally due to systemic or procedural issues. Identifying these misalignments helps in advocating for your child's educational needs.

What parents should know

• Schools are generally expected to adhere to the IEP details, including providing services and accommodations specified within.
• Under IDEA, you have the right to request a copy of all documentation and correspondence related to your child's IEP.
• A pattern of non-implementation can affect your child's educational progress and might be worth addressing with the school.
• Documenting all communications with the school regarding IEP implementation is crucial for tracking issues effectively.
• While schools should follow the IEP, reality might not always align with the plan; being proactive in communication is important.

What you can do next

1. Document your concerns with specific examples of how and when the IEP is not being followed.
2. Request a meeting with your child’s IEP team to discuss these specific issues, documenting your request in writing.
3. Gather and organize all communication and correspondence related to your child's IEP in a dedicated file.
4. Keep a detailed log of incidents when services outlined in the IEP are not delivered as agreed.
5. Consider consulting a special education advocate to review your documentation and offer advice on your next steps.

In summary

You're not alone in navigating this complex process. Your first step is to document everything effectively and communicate your concerns in writing. Being proactive and persistent is key. For an overview of how well your child's current plan supports their needs, the free IEP Health Score tool offers a quick assessment. This is educational information, not legal advice.