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I live in the S.D. Unified School District. Where do I get help regarding my child's IEP not being followed?

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The school is not following the IEP requirements. Is there someone that can help out parents of children with IEP's?

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  1. Ask for an additional copy of your parent's rights that you should of recieved at the annual IEP. On this paperwork there are contacts for advocacy groups as well as how to file a compliant if you feel the district is not following or violating the IEP. It is different for every state.


  2. There are times when parents may not agree with the school's recommendations about their child's education. Under the law, parents have the right to challenge decisions about their child's eligibility, evaluation, placement, and the services that the school provides to the child. If parents disagree with the school's actions-or refusal to take action-in these matters, they have the right to pursue a number of options. They may do the following:

    *Try to reach an agreement. Parents can talk with school officials about their concerns and try to reach an agreement. Sometimes the agreement can be temporary. For example, the parents and school can agree to try a plan of instruction or a placement for a certain period of time and see how the student does.

    *Ask for mediation. During mediation, the parents and school sit down with someone who is not involved in the disagreement and try to reach an agreement. The school may offer mediation, if it is available as an option for resolving disputes prior to due process.

    *Ask for due process. During a due process hearing, the parents and school personnel appear before an impartial hearing officer and present their sides of the story. The hearing officer decides how to solve the problem. (Note: Mediation must be available at least at the time a due process hearing is requested.)

    *File a complaint with the state education agency. To file a complaint, generally parents write directly to the SEA and say what part of IDEA they believe the school has violated. The agency must resolve the complaint within 60 calendar days. An extension of that time limit is permitted only if exceptional circumstances exist with respect to the complaint.

  3. The State Department of Education has resources and may even be able to help you locate an advocate.  An advocate --good to have someone who has been through it-- can be a real ally.

    Unfortunately an attorney is not usually allowed to sit in on the meeting, but if you can contact an educational attorney (special education), you can get the help you need to get the District to follow the state guidelines.

    Every time you learn that they are not following through, and as soon as you learn about it, you demand a meeting, include the teachers, and bring a tape recorder...eventually they will be worn down.

    It is a long row to hoe, but if you keep at it you will eventually find the right connections and get the school invested in the child's educational rights.  A lawsuit may be in order.

    If there is a disability involved, try to locate a specific support group, and you can usually find someone there who has knowledge and experience in the same area.

    I have been there too.

  4. PLease to go www.schwablearning.org parent mesage board, they can tell you step by step what to do.

    Some of the things are to write to district sped director and request 'prior written notice' on why IEP isn't being followed and also file a formal state complaint.  

    The schwab board can tell you more.

  5. your school district should have a coordinator for each grade level or school (ie. elementary, high school, etc.)

    if you get no results there, then contact an advocate to re-evaluate the IEP and the school's accomodations

    contact the San Diego County Office of Education, or county superintendent of schools offices

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