You worked hard to get an appropriate IEP in place for your child; It meets their needs and covers all the bases. You relax, ever so slightly, hoping the next school year will go as planned.
This can happen, sometimes many years in a row. Parents feel their child’s needs are being met, the student is learning, and everyone is content.
When the process isn’t working
Another family has a different experience. Their child is denied services, the classroom teacher is a series of substitutes, and the school is not fully implementing their child’s IEP. The parents become frustrated, ask the school for help resolving the problems, but are unsuccessful. The parents then decide they need to escalate the discussion.
What escalation strategies can you use?
When you reach the point where the school has made a decision you cannot accept or is not implementing your child’s IEP (a legal contract), there are two routes open to you: due process or a compliance complaint. Each has a specific purpose.
Before pursuing either, try to work collaboratively with your child’s IEP team. Start with the teacher and work your way up the school team.
When do I file due process? When do I file a compliance complaint?
Due Process
When things are not working, many parents wonder if they should sue the school. If you are unable to agree on IEP items including qualifying criteria, placement, supports, and services, then due process is the appropriate route. It also means you need to consult with an attorney.
At the point where you or your child’s school district files due process, the school will have an attorney. When we went through due process for our children, we were surprised by how quickly things escalated. Be prepared.
We have heard a few advocates say they can file due process and argue on parents’ behalf. We do not recommend this. If you hire an attorney and win, the school is required to pay your attorney’s fees. If you hire an advocate and win, the school does not have to pay your advocate’s fees. Advocates have a valuable role in special education, but we do not believe going to due process against a school district’s attorneys is part of it.
Compliance Complaint
When your child has an IEP in place and the school is not implementing part or all of it, a compliance complaint is a simple and effective step. The California Department of Education’s compliance complaint process can be found here. Fill out the provided form or write up your own, and attach a copy of your student’s IEP. The state will call you and speak to the school. If the state agrees with you, the school must address the issues raised and often must provide the services they missed during the time covered in your complaint. We have had many parents who were initially reluctant to file a complaint. Once they realized how easy and effective it was, they wondered why they had waited so long.
As parents, we understand. As experienced and trained advocates, we can help.