What to do when the school district isn't following your child's IEP?
It is important to always maintain a good relationship with your child's school district. When difficulties arise, a parent still needs to maintain that relationship. When a parent finds that the district may not be following the IEP, it is essential to take the right steps in resolving the issue.
The first step is to write a letter to the principal. Written documentation is key to preserving your child's rights.
Be sure that the letter is factual and friendly, do not discredit yourself by being nasty. Give the district a timeline for responding to your letter.
Read "Letter to a Stranger" at wrightslaw.com for information on letter-writing for advocacy.
Indicate your ideas for resolution
Hand-deliver the letter to the school and make note of who you gave it to and the date it was received by the district.
Send copies to administration within the district who may be concerned with this matter including the Special Education Director and Superintendent.
These same ideas apply when the district is not following a 504 plan.
If the school district does not respond or continues to not follow the IEP, your next step would be to file a complaint with the PA Department of Education-Department of Compliance.
Completing a complaint shouldn't be difficult. It is based on fact. Be sure to send copies of all relevant paperwork including the letter that you wrote in step 1.
Compensatory education can be part of the resolution.
The state has 60 calendar days to complete the investigation and issue the parent and the district a report.
When the district is not following a 504 plan, you may file a complaint with the Office of Civil Rights. You have 180 days from the date of the discrimination to file the complaint.
You must mail your completed complaint form to PDE/BSE, Division of Compliance Monitoring and Planning AND mail a copy to your school district at the same time.
If the school district continues to not follow the IEP, it is time to follow through with your procedural safeguards. Be sure to read the procedural safeguards that are given to you each year at your child's IEP meeting.
See the Office for Dispute Resolution website for forms -- odr.pattan.net
Mediation -- an assigned mediator works with the family and the district to come to a solution. No attorneys may be present.
Due process-court proceeding led by a hearing officer. If due process is initiated by the parent, the parent bears the burden of proof in PA. Due process is preceded by a resolution session that attempts to resolve the issue prior to going to due process.