An IEP, or Individualized Education Plan, is an important tool designed to help children with disabilities succeed in school. But what happens when things don’t go as planned? Let’s take a closer look at what an IEP is and how a violation of the terms of an IEP could impact your child’s education.
The Legal Background of IEP
The legal foundation of an IEP lies in the Individuals with Disabilities Education Act (IDEA), a federal law that obligates all public schools to meet the unique learning needs of children with disabilities. IDEA requires public schools to provide a Free Appropriate Public Education (FAPE) to all children. This means each child eligible for special education under IDEA should receive customized learning experiences tailored to their unique abilities, and these are documented in a written document called the child’s IEP.
Defining an IEP Violation
An IEP is a legal document. A violation occurs when the public school fails to fulfill its obligations as outlined in your child’s IEP.
There are various violations that can occur, such as:
- Failing to implement the IEP as written, such as neglecting to provide the promised services
- Making changes to the agreed-upon IEP without parent consent
- Failing to conduct IEP meetings in a timely manner
- Failing to have the required persons present at the IEP meetings
These violations can significantly hinder your child’s educational progress. Beyond the immediate educational impact, they also carry legal implications for the educational institution involved. Schools are mandated by law to strictly adhere to IEPs to protect the rights and needs of children with disabilities.
Recognizing the Signs of an IEP Violation
As a parent, you have the right—and the responsibility—to monitor the implementation of your child’s IEP. Potential signs of violations may include a lack of progress towards IEP goals, services listed in the IEP not being provided, failure to hold the annual IEP meetings in a timely manner, or if it seems that your child’s teachers are not fully aware of the IEP’s terms.
When you suspect an IEP violation, swift action is crucial. Start by documenting all relevant information and communicate your concerns with the school in writing. If the issue is not resolved, you may need to file a complaint with your state’s Department of Education for failing to comply with the IEP.
The Role of Moore Law for Children in Addressing IEP Violations
For families facing possible IEP violations, contact us today to schedule a consultation. With our understanding of the legal framework surrounding special education, we can equip you with the knowledge you need to ensure your child receives the education they deserve. You are not alone in this journey; we are here to advocate for your child’s rights to ensure their educational journey is one of success and fulfillment.
