An Individualized Education Program (IEP) is a legal document that outlines the educational needs of students with disabilities. The purpose of an IEP is to ensure that every child has access to a Free Appropriate Public Education (FAPE) that meets their unique needs. It is a legally binding document that the school must follow.
Unfortunately, there are scenarios where an IEP may not be followed. There are many reasons why this may happen, but every attempt should be made to correct the discrepancies and get the IEP back on track.ย
As a parent or special education teacher, it is important to address these discrepancies and ensure that your student is getting all of the services and support they are legally entitled to.
Times When an IEP May Not Be Followed
Common scenarios where IEPs may not be followed correctly include teachers not providing appropriate accommodations, modifications, or support services outlined in the IEP or not following the IEP timeline or goals. Some of the most frequent reasons for these discrepancies include a lack of resources or training for teachers, failure to communicate effectively between teachers and parents, or inadequate staffing.
In my experience, I have found that when an IEP was not being implemented with fidelity, it wasย notย because the general ed teacher did not want to or did not care. They simply did not knowย howย to get everything done. That is when it is so important for us, as special education teachers, to step in and give suggestions, provide solutions, and offer supports and training. There is a very big difference between teachers who knowingly do not follow an IEP and those who are struggling because of a lack of resources or know-how.
Remember that general ed teachers did not go to school to become special educators, so they may need to learn how to implement certain modifications or accommodations. Model those things for them. Teach them how assistive technology works for that student. Support them and make things easy for them. The easier they are, the more likely they will be to implement them quickly and with fidelity.
What to Do If You See an IEP Not Being Followed
If you observe that an IEP is not being followed correctly, the first step is to communicate your concerns with the teacher or school administration. Document your concerns, including specific instances where the IEP was not followed, and keep a record of all communication. Documentation is so necessary! If it happens, or in this case, does not happen, make sure you document it.
If the issue is not resolved through initial communication, consider escalating your concerns to the special education administrator or director. Continue to document your concerns, including any efforts made to resolve the issue by the administration.
If the issue persists, consider reaching out to an advocacy group or legal aid organization with experience in special education law. These organizations can provide guidance on how to proceed and offer support in advocating for your child’s rights.
- Many states have dedicated special education advocacy groups that can assist in helping to make sure that the rules and laws of the IEP are being followed. They might even be able to provide a special education advocate to attend an IEP meeting or due process hearing with you as a representative.
Make sure that you document verbal conversations as well and then follow them up with a recap email. This electronic paper trail can be helpful when there is pushback about implementing the IEP as it should be implemented, and also helps have data to show the necessity of compensatory education services.
Preventing Non-Compliance in the Future
To prevent similar issues from happening in the future, it is important to work collaboratively with teachers and school administrators. Communication is key! Meet regularly to review the IEP and assess progress toward goals.
If needed, monthly or bi-monthly meetings are appropriate until the issues are resolved. Weekly communication can also get everyone back on track quickly.
Ensure that everyone involved in the student’s education understands their roles and responsibilities. If necessary, seek additional training or request resources to support the implementation of the IEP in the general ed setting. Just because there has never been additional support does not mean that assistance cannot be provided in the future.
An IEP is a critical tool for ensuring that every child with a disability receives FAPE. If you observe that an IEP is not being followed correctly, take steps to communicate your concerns and document the issue. Work collaboratively with teachers and school administrators to address the problem and prevent similar discrepancies in the future.
Remember – as a parent or special education teacher, you play an essential role in advocating for the rights of children with disabilities.
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