IEP not being followed

Discussion in 'Special Ed 101' started by flutterby, Nov 15, 2009.

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  1. flutterby

    flutterby Fly away!

    We wrote this years IEP on October 23. It included things like difficult child receiving her work a week in advance (because she needs to see something at least 3 times before she can retain it - so look at it at home, again when she learns about it in class, and again at home), guided notes in class, and classroom books to have at home, because not all classes have assigned books (some classes only have a "class set").

    So far, no guided notes, no advance work and she can take an English book home if she needs it, but she has to remember to get it at the end of the day. No book for home. No history book.

    I gave them time to get everything in order and the SpEd teacher had said he was going to personally take her IEP to all of her teachers and explain it to them.

    So, what do I do if they're not following it? Do I call a meeting? She pulled C's and D's in all of her classes and this is a kid that tests above average in nearly all subject areas.
  2. klmno

    klmno Active Member

    If you have already discussed it with the IEP coordinator and nothing improves from that, then I would write a letter to the principal- keeping it nice but stressing the importance of following the signed IEP that the team agreed upon. In my experience, some sd's will not enforce the IEP if the parent is willing to let it slide. Sometimes, it's just the teachers putting things off- teachers "forgot" to send my son a set of textbooks home, too.

    Usually once the IEP coordinator knows you are keeping an eye on things that will do the trick. If not, the principal is the one in charge at the school so that's the "next stop". Sometimes the principal isn't aware that the others aren't following the IEP and since it's his/her butt on the line with the higher ups in the sd, the principal will usually see that it's enforced once informed. But if the principal doesn't, that's when a certified letter to the sd director of spec (outside of the school) is called for, in my humble opinion. Sheila or Martie might have better advice, these are just the steps I would take.
  3. Sheila

    Sheila Moderator

    Yes, put it in writing.

    Unfortunately, paper trails are necessary.
  4. Mattsmom277

    Mattsmom277 Active Member

    Argh! I'm going through it too. I'm sadly dealing with a school that doesn't seem to care about protocol, rights of students, the improvements possible with compliance of IEP's. They basically throw their special needs students to the wayside.

    difficult child is now in grade 11. His IEP is NOT followed. Not at all. He is to have extra testing time. Never has had it. He is to have a scribe do his notes to prevent hand tremors and be supplied them at class end each day. He's not once been given notes. He is to have a laptop in class to eliminate hand writing. Hasn't happened (third year running). He is exempt from french class. It is to be replaced by a extra english course, difficult child's favorite subject. They supplemented instead with a LAW class. No reason given. He is to be given extra time for assignments IF he shows progress through the work to the teacher (meaning, he is working on it, not slacking, just needs further time). It's never happened. He is to have access to verbal reading and explaining of questions on tests. Never happened.

    He asked me to not bother renewing the IEP. He says they don't follow it (he's right) but it does mean his teachers all are told he is "special education" and they are not told WHY and they then treat him like he is impaired in his ability to learn (learning disabled) which he is NOT. They make him feel stupid. He's not. I don't want to let go of the IEP but see no point if it isnt' enforced anyhow. I'm leaning to doing as difficult child has asked.

    I know I could fight the good fight. but in our district, it hardly seems worthwhile. It isn't a priority for this school board, going higher on the chain won't likely change much.

    Feeling your pain and hope you have better luck enforcing the IEP. Thankfully following up and making demands usually works in most schools.
  5. rlsnights

    rlsnights New Member

    Does he need the accommodations in order to actually benefit? That is are his grades suffering substantially or is the additional stress causing an increase in symptoms like anxiety or mood swings?

    If so then it may still be worth it to pursue a remedy. If not, then he may not need the IEP.

    Frankly, if you're not willing to fight the SD at least minimally if they don't comply then his IEP is pretty much worthless.

    On the other hand if he is clearly failing to benefit from his education because of the lack of compliance, I would really look at pursuing it if I were you. For one thing you may be able to get compensatory damages that would pay for tutoring or extended year services if you can clearly show that they have failed to provide the accommodations and he has suffered a loss for that reason.

    You have to take the process seriously, prepare for IEP meetings as if they will go to due process and hold their feet to the fire with follow up letters, etc. If you aren't able to do this and you know they won't comply then why keep the IEP?

    You may be able to file a procedural complaint over some of this stuff. That requires you contact your State Department of Education about the matter and file a formal complaint. Usually this process is very easy to do and you do not have to go to court or have representation. For more info on this, check your dept of ed website. They should have info and/or contact numbers. I call and talk to these people all the time - they're very helpful and will usually tell you "you may want to file a complaint about that" which is code for yes you have a strong case if what you're telling them is accurate.
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