What do I do if school is not implementing my child's IEP?

Question

My 5 year old daughter, in kindergarten, has as part of her IEP that she is to receive 10 hours per week of special eduation services. Knowing that she wasn't getting the services, in February we implemented a sign-in sheet for the special education providers with times, etc. to document exactly how long they were providing services. They have averaged 4.7 hours per week instead of 10 hours per week. What can I do before I sue?

Answer 1

I can't believe they were honest.

You have to follow the special ed law IDEA.

At this point, it states that you have to

1. write to district sped director requesting 'prior written notice' for their refusal to follow IEP plan.

2. File a formal complaint with the state dept of education.

3. Write a letter to district sped director requesting compensation of time lost. By law they have to do this.

Sometimes this makes them do right, sometimes nothing will make them do right.

If you need help email me [e-mail]

Answer 2

Contact an advocate (you can get one from the state department of education), and begin due process hearings.  That would be your first step before a lawsuit.

Answer 3

Consult the head of the CSE.  Talk to him/her about it, and ask why she is not receiving the allotted amount.  What services are outlined on her IEP?  Has she been retested?  If that is the case, ask to see the results, if she has made a remarkable improvement, that is the reason why she is not getting the allotted amount.  Make sure you bring a copy of the IEP and the documentation of the hours.  Also, it's very difficult to sue a public school district, since you are a part of it, i.e. taxpayer.

Answer 4

DOCUMENT EVERYTHING

Also, have you tried talking to her teachers and principals? If you have tried to and nothing has worked or happen (document it).

but then go to the superintendent and see what you can do.

bring proof of the school not implementing your child's IEP.

And if that doesn't work, threaten to sue, sometimes that will do it. People will start to take you more serious.

Answer 5

Have you contacted the school principal?

The school owes you compensatory time for the services your daughter has missed.  A school in my district had to have class during spring break one year to make up time. This student's bus picked him up 15 minutes early from school everyday. The parents were keeping records of the time missed and they got the services.

Good for you for documenting her time!  If all parents were as involved as you, the schools wouldn't be so careless.

Answer 6

¿ Bargain with them, to switch schools, so that she can get an education elsewhere, if they aren't willing to teach her there, and have them pay for the tuition ?

Answer 7

Before you get too carried away - go back and look at the IEP to see a couple of things.  There is a section, typically on the front that indicates service minutes.  It will be divided into direct and indirect.  So does the 10 hours include both of those categories?  It is not unusual for students to have indirect service time of consultants who may advice or plan with the case manager, special education teacher and classroom teacher.  The indirect service provider will not be around to sign off on anything.  This may not be the case - but taking the time to look first might provide some clarity.

Then look at the start date of service - is she a 1/2 day K and the IEP was written so it includes the times she will have when she is in 1st grade.  Again this may not be the case but seems to be prudent to check.

Then ask if the minutes are correct.  All of us have different IEP programs and some tally minutes differently - it may be that 10 hours is NOT what she is supposed to get.  I was in a district once that the program automatically set services that were only supposed to be 3 times a week at 5 times a week.  Which was a complex work around to fix.  So asking the special education team if the minutes are wrong might also be a good place to start.

If none of those fit your situation, ask for a meeting - present your concern, and listen to the answer.  After you have this information - will be the time to decide what else you might want to do.  The regular special education process has many options for you before you need to get the expense of an attorney.

Answer 8

If your child has an IEP and they are violating it contact a civil lawyer.

Answer 9

First off, kudos to you for being well aware of your daughter's right to services and fighting for what she deserves. I think it was a great idea to administer a sign in sheet. It seems that the school has neglected to serve your daughter appropriately for awhile. To answer, your question, I would first consult the Committee on Special Education with my concerns. Present your concerns and continue to follow up to make sure the problems are corrected immediately. If there are no changes, then you should sue. I don't think you would have to go that far. An IEP is a legal and binding document. I don't think the school would want to deal with that kind of heat. Good luck to you.

EDIT- I just wanted to add that this problem may not be intentional on the part of the special ed providers. People on the outside often don't understand the nasty, ugly divisive inner workings/politics and other issues that go on inside school buildings. Sometimes, budgeting and other staffing issues affect the ability of children to receive their legally mandated services. In my school, many children require speech services. There are not enough speech pathologists to meet the needs of every child. The speech teachers often miss preparation periods to try to get as many children as possible their services. I had a child once that didn't get speech services for nearly a year due to a situation like this. So unfair to him.

This could be due to the way the administration pigeonholes the money in the school. Special ed funds are often used for other school programs and this cuts the special ed population short. I'm not justifying it because I am just as appalled as you are. Just please don't assume that the teachers don't want to do their jobs properly. If push comes to shove and you can't resolve it, then sue and take the school to court. Your daughter deserves her services.