When a teacher does not allow your son to do what is on IEP?

Question

What would you do if your child had an IEP and it stated that the child should be allowed "A cooling off time" as needed to avoid confrontation. This is stated in the IEP clearly. The teacher even wrote me a letter stating that she did not allow him to go to "coolff" when he asked permission to do so. This is a violation of his rights to a FAPE! would you talk to her about it or just seek an attorney to file a complaint? What do you think is the best route to take?

Answer 1

Call a review of the IEP and insist that both this teacher and the LRE rep be present.  Bring an advocate (not necessarily a lawyer) with you. Address this.  Make sure that all understand.  The goal isn't always compliance with the IEP but an appropriate education for your child.  Help the teacher to understand why this is necessary and how it will help both the teacher and the your child.  I wish you the best.

Answer 2

It would be beneficial for your child if you called a meeting with the principal of the school he/she is attending. Bring a copy of the IEP and your letter so you are prepared to show the principal written letter from the teacher showing that the teacher is in violation of you child's IEP goals, hence hindering their ability to learn efficiently. I have found that when you show documentation that they are out of compliance they tend to turn things around rather quickly. It is important to remember that District's can drag things out and push parents aside, when they feel they are being pushed, and the only person that truly suffers is your child. From what i have seen at the IEP's i have attended it seems to work best when the parents are prepared, kind but firm and persistent. If all else fails then Due Process is the final option, and that is a long process, but can be done.

Answer 3

I would talk to the teacher about it, but I would also send a letter to the principal informing him of the situation, and asking for him to ensure compliance with the IEP. Add that you would be happy to see some training or support for the teacher so that she can follow son's IEP. Definitely use the word compliance, it's all over the IDEA and should put a little fear in their hearts.

If it happens again, call an emergency IEP meeting asking that the director of special services be present as it is a matter of noncompliance with the IEP. This person is the one who has to answer to the state dept of ed when they are out of compliance, and in fact his primary job description is to ensure compliance. Ask that it take place within a week so that son's behavioral goals can be addressed within the classroom setting.

If this is the only time it's happened, then definitely talk to the teacher first, but also send a letter to the principal (and keep a copy for yourself). You're just building a trail of evidence in case everyone refuses.

Answer 4

discuss your concerns with the teacher and principal at a meeting.  curb your anger.

Answer 5

You said the letter stated that "she did not allow him to go cool off when he asked permission to do so" Has this been a repeated thing or was this one time a special situation? I think before you go to the principal, you need to at least talk to the teacher about the situation if you have not already done so. If you go straight to the principal, this will destroy any working relationship you might have with the teacher. If you don't get anywhere with the teacher or feel she is not taking you seriously, then you should go to the principal and continue up the chain of command. How is the cooling off time stated in the IEP? Was there a conflict after he asked for a cooling off time? What was happening prior to his request? I have a student who has a provision in his IEP that allows him to take a "cool off" time when necessary. The problem we have run into with him is he began telling us he needed to take a break whenever he was working on anything difficult or when he didn't enjoy what we were asking him to do. I have refused him his break time when it was obvious that he was trying to get out of work (repeated requests, always requesting at the the time or activity), but I always call his parents and let them know what happened and why. Could your son possibly be doing this? Check with the teacher before you go higher. Maybe her lack of clear communication with you is the problem. If she is denying him his cool off time when he needs it, then definitely go to the principal then special ed director. If you make sure you have all the details first, they will be much more likely to take your problem seriously. Good Luck

Answer 6

You need to go the the principal immediately.  Your child's IEP is a legally binding document.  If your school is not following it they are in violation of the law.  All I had to do was mention the word attorney and say that perhaps my autistic son was being discriminated against in a regular classroom because of his disability and you should see how they freaked out!  

Remember the school is only going to do the minimum they can get away with as far as accomodations go.  Sad but true!

Answer 7

You have to follow the legal process step by step spelled out in the speicial ed law called IDEA.

If you go straight to a lawyer they will only ask if you followed the process before they do anything.

The first thing you do is write a letter to the district sped director explaining everything that has happened and request 'prior written notice' for refusing to follow the IEP plan.

Schools have to have LEGAL erasons for their decisions and put these reasons in writing to you in this notice.

Second, file a formal complaint to your state dept of education for not following the IEP plan. Your state dept of education website should have the forms to download and print out.

Answer 8

I would not talk to her about it. I would make an appointment with the principle, take in the teacher's letter, and ask that the IEP be observed. I encountered this once with a teacher and the principle immediately put a stop to it. Don't get out your big guns (a lawsuit) unless you've tried other avenues first. This is federal legislation; most schools will comply.