An IEP (Individualized Education Plan) is a contract between parents and their child’s school district, so what do you do when your child’s school district is in IEP non-compliance? Remember, your child’s IEP contains a list of your child’s needs, goals to address those needs, placement, and appropriate supports and services. The IEP should contain specific timelines like when and how your child will receive their supports and services.
What IS IEP non-compliance?
IEP non-compliance is when the district does not follow any (or all) parts of the IEP.
Why does IEP non-compliance happen?
This may happen due to staff shortages. We currently know of several families whose children are not receiving speech services. One school system had no speech therapist for a long period of time. Instead of taking action, the school district informed the parents that their children would receive those hours, but not until November 2021. This is unacceptable IEP non-compliance.
Repeat after us: “Services delayed are services denied.”
The IEP team agreed that your child would have a fixed amount of services over a specific period of time. Delayed services take place days, weeks, and sometimes months later. Those months are time lost for our children. Our children then miss other class activities by having services doubled up during the time the school is making up for the missed services.
IEP non-compliance isn’t just about services. Many compliance complaints are about missing speech or occupational therapy. Compliance complaints can also address when schools do not implement any and all aspects of the student’s IEP.
What can you do about It?
Always start with a clear request (in writing) to your child’s case manager asking that they fully implement the IEP. Make sure to specify the area where the school district is not compliant. Give the case manager a few days. If after a few days the case manager is not compliant with your child’s IEP, send them another email. If—by this point—they are not able to resolve the IEP non-compliance, you will have to escalate your request. Copy them on the email that you send to the case manager’s manager, restating your request. Typically, this individual is the administrative designee at your child’s last IEP meeting.
If that does not work: file an IEP non-compliance complaint.
An IEP non-compliance complaint is a valuable tool in your parental toolbox. Filing a complaint with the California Department of Education is a straight-forward, do-it-yourself way to get things moving. The California Department of Education funds your child’s school, so they have the power to withhold funding. Also, the California Department of Education has the power to make the school implement all aspects of your child’s IEP. After receiving your emailed,
faxed, or “snail-mailed” complaint, the California Department of Education will call you and then call the school. This is not an instantaneous process, but it does put the school on notice. They will then investigate the claim, and give a decision. Both personally and professionally, we have found compliance complaints very effective. It will get the school district’s attention and move things forward. You may find you have less trouble with IEP non-compliance after you have shown that you will seek additional help when you need it.
Here is a link to their website and a fill-in-the-blank document to file a complaint: Complaint Process – Quality Assurance Process (CA Dept of Education)
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As parents, we understand. As advocates, we can help.