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I’m a teacher, and I know IEPs aren’t being followed. What do I do?

04/09/08
by Pam Wright

“I am a teacher in — and I know that IEPs are not being followed…What do I do? I have already talked to people in the school system. I want information that explains why it’s so important for teachers to take this seriously, including the legal ramifications.

I want our new teachers to understand their accountability with regard to this aspect of teaching.”

What should you do?  I think it depends on –

  • whether the administration is aware that IEPs are not being followed, and
  • if they do know, why they haven’t put a stop to it?

In 1992, there was a case in West Virginia styled Doe v. Withers. A high school history teacher refused to provide the modifications promised to a student. Several people advised the history teacher about the need to provide these modifications but he refused.

The boy failed the exam. Later, the family filed a civil lawsuit against several people who worked at the school – teachers, special ed director, etc – and who knew the teacher refused to provide the modifications.

The parents brought suit against several individuals who worked for the school district. The judge did not allow the case to go forward against anyone except the history teacher.

Why? Because all the other staff members had written about their concerns.

There was a jury trial. The jury awarded the student and/or his family about $15,000 – and that history teacher had to pay these damages out of his own pocket.

Doe v. Withers was the first damages case against a teacher for refusing to follow the IEP. There have been several other such cases since.

School Culture in Your District

  • What is the culture in your school district?
  • Are children with disabilities and their families viewed in a positive or negative light?

If the administrators have a negative view of special ed and kids with disabilities, it is unlikely that anything will change until they move on, or until a parent requests a due process hearing and these things are exposed to the public. But that may not happen, or the outcome of the hearing may not be favorable to the parent and child.

In general, we recommend that teachers put their concerns in writing.

This has to be done very carefully so you are not viewed as a troublemaker. Otherwise, you may find yourself in hot water.

When you put your concerns in writing, you write a letter that assumes that the administration is not aware of these problems and cannot correct them unless they know.

You have heard about the Doe v. Withers case, and W.B. v. Matula. You are are concerned about your liability because you know IEPs are not being followed. You know the administration would want to know so they can handle it.

First Special Education Damages Case

Here is some more information that should be helpful.

http://www.wrightslaw.com/law/caselaw/case_Doe_Withers_Juryorder.html

http://www.wrightslaw.com/advoc/ltrs/Why_doe_withers.html

The case was noteworthy because it was the first special education damages case and the first case in which damages were assessed against a teacher who refused to comply with an IEP.

You can find other damages cases since that time on this page:

http://www.wrightslaw.com/info/damag.index.htm

Thanks for caring about the kids.

-Pam

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64 responses so far ↓

  • 1 BB 03/25/14 at 9:31 pm

    I’m a parent that recently had my kid 6 years old kicked out of school. The IEP team has decided my kid should attend another school, and has registered him without my consent. I have not had a medical professional to diagnosis my kid with anything. The principal packed his things and put them in a plastic bag and sent them with him when he left school. This is an awful impression for any kid to have. In addition its one quarter left in school and he would have not attended that school next year any way due to the lack of academic progress he has made. Any advice on my next course of action will be great. I’m contacting the district, state, an attorney and anyone else I need to have this situation brought to the light and to ensure it doesn’t continue to happen to kids.

  • 2 Jen 03/06/14 at 5:21 pm

    I am a teacher and I just found out that one of my students is being transferred to another classroom through an e-mail. I went to his case manager and asked why and here they hadn’t even told her yet. She received the e-mail this morning that there had been a meeting on it 2 days ago. This meeting was between the speech pathologist and education managers, shouldn’t have the case manager been involved with this?

  • 3 Shelley 02/09/14 at 4:31 pm

    During a recent annual case conference review, the committee expanded an ‘independence goal’ for a student with one-on-one paraprofessional assistance. This expansion includes the concept of ‘fading’ (gradually increasing physical space/distance between the student and para, while still monitoring student behavior & preserving student safety). I have noticed that the para is not ‘fading’ proximity, but is instead, removing herself from the proximity. Is this not considered a violation of the IEP? The PARA is not happy with this goal and fears for her job security.Suggestions to deal with this para?

  • 4 Frances 02/08/14 at 8:40 pm

    My son has a mild Traumatic Brain Injury and the EC Director refuse to let any one come in to train the staff about how it affects his behavior and learning. He told me there were not enough students like him to train the staff. My heart almost stopped. The staff teach him like he does not have a disability. This is very stressful for him because he can’t keep up with other students and the staff get very up set with him. He comes home sad because the teachers call him names in front of the other students. He was evaluated and he has Cognitive ( memory problems). He has an IEP that most of his teachers donot attend. Nor do they want to follow it. They retaliate against him for coming home telling me what they say or do to him. I went all the way to the last superintendent and nothing has been done. What can we do?

  • 5 Woody 12/23/13 at 11:26 am

    Is a district required to follow a student’s behavior plan after school hours? If the event initiated during the day and extended into after-school hours, does the school/staff have to follow the IEP/Behavior Plan?

    Thank you,

    Woody

  • 6 Ms. T 10/04/13 at 3:20 pm

    This is a very helpful page! I have been working in a daycare center as the integrated teacher less than a year in the 3’s and 4’s. Last year my students went without an OT for MONTHS before I got here. This is a common problem with this company. Currently I have a student with Speech 2x/30min a week on his IEP and he has not received services since the summer! The company didn’t renew their contract w the ST after July 2013. It’s deplorable and I do not know what to do!! They are well aware because they did not renew her contract nor hire anyone else. I have written this In my observation notes and I do not know what to do. His IEP meeting is coming up, I will NOT lie for them. What can I do to resolve this issue. I feel powerless. I want what’s fair and LEGAL to be upheld.

  • 7 Barbara 06/21/13 at 10:34 am

    As a parent – if you got the IEP straight and yet teachers seem unaware or not following it – what should be the next step?

  • 8 Christine 06/20/13 at 10:01 pm

    Thanks for your work. It’s helped me a lot. This article is wonderful for teachers who do try to do the right thing and also for parents and advocates to understand there is legal accountability for teachers who do not. Thank you.

  • 9 melissa 06/20/13 at 11:49 am

    Susan: Just wondering if you have contacted your schools administration with your concerns about your son’s absentee sped teacher? Seems like a good first step.

  • 10 melissa 06/20/13 at 11:46 am

    Sharon and Angelica,

    Just a note that if you do decide to go with an independent speech eval for your son, the school district is not required to accept/follow that recommendation. Districts retain their own professionals for completing evals who can and most likely will dispute the results of the eval you submit, which means you’re headed to due process.

  • 11 susan 05/31/13 at 11:35 am

    My son has an IEP via a on-line school. He has been attending this school for two years. Each year around PSSA’s my sons’ emotional support teach disappear. They work the PSSA testing. However, last year the teacher disappeared in March and reappeared the end of April. This year the teacher (different teacher) disappeared in March and reappeared near the end of May. She called me and asked questions about changing his Math goal to focus on division and his writing goal to focus on writing. Later she called back to change his writing goal to focus on his written expression. After that I didn’t hear from her until I requested a copy of his IEP and 4th quarter update. Until this point I haven’t received a quarterly update from his 5th grade teacher. Who in the state of PA can I call to file a complaint.

  • 12 Sandy 04/21/13 at 11:04 pm

    Can a principal place resource student in a regular classroom with his or her accommodations .

  • 13 LeAnn 02/26/13 at 3:57 pm

    Tamie, The first thing you need to do is write a letter to the principal and the school psychologist (hand delivered) that requests testing for your daughter. It should be testing that includes cognitive, academic, processing, as well as rating scales for ADHD.

  • 14 Maren 02/26/13 at 9:41 am

    Our school/district has been found non-compliant by the state. The “corrective action” the State required was that the District provide a memorandum to appropriate personnel informing them of the laws and directing them to comply with the law. Nothing happens to the district when they are non-compliant. They have no incentive to actually follow laws. And now, within a month of the State’s directive for corrective action, I get to file 2 more non-compliance complaints.

  • 15 WMH 12/12/12 at 3:50 pm

    I am the resource teacher at an elementary school. It has recently come to my attention that a student I teach will not be allowed to go on a school wide field trip with her class. The regular education teacher has told the principal either she(the teacher) will take her class and the student does not go, or the student goes and a substitute takes the entire class because she (the teacher) does not want to and will not deal with her. The IEP plainly states the student will be involved in all extracurricular activities as well as field trips with her non disabled peers. What, if anything, can be done to help this student? I had no idea teachers could decide who they would or would not teach!

  • 16 Sharon L. 12/01/12 at 11:40 am

    Johnson, It sounds like the teachers do not want your son in their class. Did you ask if there were any positives things he had done? I wanted my son in all regular ed classes also. He did not fit in the resource room and the old LD classrooms are now gone that worked so well in the past. We came up with a compromise of having him work with a tutor for English and writing. This way he could be in all regular ed classes for the other courses with modifications and accommodations. The team agreed and the teachers were obligated to follow. There was an aide in the classroom and the intervention specialist/case manager kept up with what he was doing.

  • 17 Sharon L. 12/01/12 at 11:32 am

    Angelica, Have your son re-evaluated. Sign the school’s request form and they will need to reconvene in 60 days. Request a DRAFT copy of the evaluation before you meet so you can discuss with your physician, psychologist or neurologist or advocate before you go. See if you can get a professional to go with you. This will go far as to getting what you need for your child. Be prepared to pay for the professional and I guarantee it is less money than an attorney and due process.

  • 18 Angelica 11/30/12 at 2:52 am

    I have a son who had an iep a year ago and the team decided to dismiss him because he qualified under the umbrella of speech therapy services. The reason I believe he got dismissed was because he met all of his goals. The background on this was that I as a parent to my son was also assistant to Speech Language Therapist which resulted in bad terms and she got her aide taken away. A few months later my son got dismissed and speech therapist stated that he had fully graduated from speech and it was time to dismiss him. As a parent and part of the IEP team I did not agree to the IEP. The next school year my son did not get seen anymore for speech services or resources for special education. I believe the school was out of compliance . Now I am not sure what would be the next step to do. I am very upset and disappointed in school district

  • 19 Johnson 11/29/12 at 12:38 am

    I have a child who has been diagonsed with an auditory processing disorder. He has an IEP. He is in the seventh grade. I wanted my child to be placed in all general education classes because I was not satisfied with the special education program. Case manager informed his general education teachers’ only about my son’s weaknesses leaving out his strengths. So, when my son and I attended a parent conference, the only comments I heard from most of his teachers’ were very negative. I was so upset about the negative comments from my son’s teachers’. Just recently I scheduled an appointment with my son’s school counselor and she was not helpful. Now, the school’s principal wants to meet with me. I am also an employee at this school my son attends. I am very upset in the way the school is handing this case.
    I asked for my son’s IEP case manager to be changed. What do you think i should do?

  • 20 Melissa R 09/13/12 at 11:01 pm

    I am a mom of 2 autys. What I was told was that the “squeaky wheel gets the grease.” The more you talk to your school and advocate, the more they will do. If they know you check on them, they are more apt to work with you. Also, I have seen the opposite and the school BANNED the parents for expressing concerns. My sons IEPs are not exactly perfect, but this is a learning process for all of us. We have a mtg every month and discuss the pros and cons of ALL aspects of their daily care. I understand IEPs are yearly, but most schools will work well with you. If you can’t find a happy medium, then go up the chain of command. Start with a calm attitude and work diligent. You know your kids better than they do and if they are not doing what they need to, call them out on it!! GOOD LUCK :D

  • 21 Adriana 09/10/12 at 11:07 pm

    I am a special education teacher that has been assigned to teach 1 general education class and I requested my caseload of 28 reduced to reflect my 80% special education position. The district told me that they did not have to reduce my caseload. Is this correct? 80% special education resource teacher/20% general eduction?

  • 22 Robert 09/10/12 at 1:50 pm

    The Withers case involved a State Senator which made it all the more embarrassing.

  • 23 Renae 09/09/12 at 12:21 am

    My son (who has an IEP) has not been serviced since the beginning of school. The school doesn’t have any resource teachers to provide the services. I know this because I am a teacher at the school and none of the students on our campus has services. We are half way through the first 9 weeks. The rumor is that the minutes will be made up one way or the other even if it by summer school. How can a school district do this? There are several schools in the district that are in the same position. Is there anything.

    Sincerely,

    Frustrated mother/teacher

  • 24 Special Ed Teacher 09/05/12 at 1:42 am

    @concerned parent: I’m not an expert, but you have a right to request an IEP meeting ( I always have a 30 day review in my child’s IEP). A gen ed and spec ed must be present. Make certain baseline data is taken to assess present levels in reading writing, & math. Have SMART goals that are measurable. Teacher must see IEP for students. Get amount of time with aide/teacher established at IEP meeting and added to IEP. If it isn’t written down, you have no record. Extablish a written communication system with teacher that documents amount of time with aide. Sounds like teacher is on your side & willing to help. Get data taken during year to assess progress made from the beginning of the year scores in rdg, math, & writing. (Ex: I get IRI in reading; rubrics for writing) Our school still does not follow IEP- but this is what should be done.

  • 25 concerned parent 09/02/12 at 2:31 am

    How do I handle this situation? I received a phone call from a teacher who claims she was not allowed to see my child’s IEP, and also feels that my child was not given what was promised in her IEP. I believe she called me so as not to draw attention to herself, however, my child showed signs of regression last year. This coincides with the lack of education in the classroom.

    The teacher was supposed to have more time with her in a partial inclusive atmosphere, however, she does not feel my child was given that. She told me she brought this to the attention of the principal, however was told my child required 1 on 1 supervision with her aide. On one hand, I feel I need to address this. On the other hand, if I do, this will cause more problems than before.

  • 26 Tim 08/31/12 at 6:21 pm

    Speaking up has cost me more jobs than I can count. There is no protection for teachers who stand up for kids..

  • 27 Susan 08/31/12 at 4:16 pm

    The CA teachers union has some advice for teachers who know that IEPs are being violated. http://digital.copcomm.com/i/65746/14

    Anyone who advocates for people with disabilities is protected from retaliation under Sec. 504 of the Rehab. Act of 1973 and under Sec. II of the Americans with Disabilities Act. See also Susan Lee Barker v. Riverside County Office of Education at http://www.ca9.uscourts.gov/datastore/opinions/2009/10/22/07-56313.pdf

    I shared this with our local teachers’ union, the superintendent of schools, the school board, and the supervisor of special ed., noting that it is more cost-effective to follow the law than break it. Courage is contagious, so please share this with your local teachers, too.

  • 28 Don 08/31/12 at 1:34 pm

    My autistic son was bullied in school. I reported it, nothing was done, then a second time I was given lip service. The third time I threatened a lawsuit based on non compliance with his IEP by the School Principal. The bully was suspended and the Principal lost her job. There was no anti bullying law in Michigan at that time.

  • 29 Rosemary 08/31/12 at 12:59 pm

    Our school district tells the teachers what they can and can’t do. Doesn’t matter about the IEP. Teachers are let go for being advocates for our children. My son had a different teacher each year even though he was in the same Life Skills classroom. Had to go through Due Process which was not only costly but emotionally draining while I kept my son home for 6 months. We won our due process and he is in a new school but that was only for two years. This year the district will re-evaluate him and then we will be in the same boat telling me that they have an appropriate placement for my son. I don’t understand why we as parents have to work so hard at having our child’s IEP carried out in the way it is written, without the district changing it and not telling you.

  • 30 elie 05/17/12 at 2:56 am

    my daughter is a special ed student who cannot read or understand her math. one of her teachers is always picking on her what can i do about this

  • 31 Hillary 05/12/12 at 8:50 am

    I have a Question about the Legal Requirements related to staffing shortages. In my district we have numerous IEPs that are not being followed because we “can’t” find OT’s, Ts, SLPs to provide the services. I think they just don’t want to pay what it would require to fill these open positions (in fact several local people have applied for the jobs, but are not willing to accept once aware of compensation offered-they’ve offered to work on contract but the district refuses). SO, my question – what is the district’s obligation when it comes to staffing these open positions? What do I need to do to CYA since I know these IEPs aren’t being met?

  • 32 Valerie 04/10/12 at 10:01 pm

    I am special ed. teacher and two teachers would not follow the IEP. Parents filed numerous complaints. I advocated for the parents and students, and I am now suspended; I would not lie for one of the teachers. One of the students tried to kill himself and a lot had to do with this situation. The parents brought in advocates filed complaints with the state dept. I will eventually lose my job over this. Please be careful.

  • 33 Nancy 02/27/12 at 2:47 pm

    Our VI granddaughter is in Second grade in a regular classroom with a 1 on 1 personal aide. Her iep states she will have a TVI teach her Braille 4 times a week for 1 hour each day. The problem is the TVI teacher takes so many days off and shows up late that my Granddaughter is only receiving maybe Two hours a week. I have asked for a substitute from the N J CoB but they say no. My granddaughter is falling behind in Braille. I think they are out of compliance . Any suggestions?

  • 34 Marie 02/21/12 at 2:30 pm

    I was hired as a self-contained teacher by a public school in August, 2011, for a education program that doesn’t yet exist. My student’s IEPs contain outdated information, are missing key transition components, and, I’ve just learned, have been created with a non-compliant program. My students are not receiving fine-arts (not due to any physical or behavioral limitations) and many are not receiving an education in the “least-restrictive environment,” denying them the opportunity for crucial social skills, as mandated in their IEPs. The case manager is now unwilling to consult with me, let alone modify their IEPs, for fear of her department being outsourced. I am concerned not only for my credentials, but for my students’ experiences, as well.

  • 35 carla 01/29/12 at 9:00 pm

    In 6th grade my son got into a few fights and got suspended from kids bullying him. We had mediation and it was found the fighting was due to his disability. In my frustration with the school I had IEP meeting and demanded they let me move my child to alternative school for help with emotional issues. they did not agree with the decision but let me do it. Big mistake! So this year when I asked for him to come back, the vice principal said he didn’t want him back because he was too violent. Can he legally do that if my son has a disability and the fighting was found to be caused by that disability? Plus I had been to the school numerous times before complaining about the bullying and plenty of times since then too.

  • 36 Morning 01/26/12 at 12:10 pm

    Music Teacher with not aides for students with IEPs-post dated 3/3/10

    This is a common occurrence in some schools, especially larger districts. As a former para-educator, I have been caught between a music teacher and a case manager with the expectations that I modify the work–that is how crazy it can get because both teachers were overwhelmed. I went to the case manager and said, I need work for this studets. Guess what–it was nothing but worksheets and busy work because the case manager felt it was the teacher’s responsibility. I am sorry to say that they felt that your was the one class that they could just put the students in and give the aide a lunch break or use in another class. You can be creative and make this happen. It can work..it won’t be perfect but it can work. Research and make it happen to protect yourself.

  • 37 Morning 01/26/12 at 11:59 am

    Pam, i am glad that you addressed this. I have seen many teachers caught up in similar situations. They care very much but their hands are tied. The most sucessful teachers who get their voices heard are usually the tenured teachers who knw how to carefully navigate the system and understand the key players. New teachers are in vulnerable positions. Some teachers in order to survive have been told to “shut your door and teach.”. Others, regardless of tenure,, are savvy enough to carefully educate parents and refer to the advocacy groups who can help them with very strong hints,

  • 38 danielle b 01/24/12 at 11:41 pm

    my district was out of compliance before they hired me. i had an eligibility report that was done and no iep for a new referral. an iep that had expired since february of 2011, the last straw was the teacher changed the date on the old eligibility from 2011-12 and did not do the eligibility report at all on a third student. i am being harassed by treated like all of this is my fault. all of this happened last year in 2010-11 school year. i was hired for the 2011-12 year who do i need to contact

  • 39 Sue 11/22/11 at 2:10 pm

    I need to find out what the statutes of limitation is on criminal acts against a school who harassed, bullied, refused ARD’s, ignored iep, humiliated by teacher and singled out my son and emotional abuse for my son and daughter due to bullying and violence? It occurred during the school year 2009-2010. I am now in a position to be able to pursue damages. I eventually had to withdraw my kids. If I didn’t, my son would have been killed in junior high with his behavior and others bullying him due to his view of teachers and principals after what they did or the lack thereof at the previous school. He has high-functioning autism, adhd, and ocd and was in cluster classes. I also need to find a good lawyer who is pro-bono in the Houston, Tx area if filing charges in still possible.

  • 40 Patrick 07/03/11 at 3:59 pm

    We are looking for an attorney to help us bring a case against Alamance-Burlington School District in North Carolina. Our boys IEPs were not being followed. Our concerns were ignored. The attorneys we contacted either didn’t return our calls or said that they had a conflict of interest. The experiences that my sons were having gave them a lot of distress. We decided to home school them, I was a special education teacher in the district. I was shocked at how far they were behind. My job was threatened and I, eventually, resigned. We moved back to NY. I know that things like this are wide spread in Alamance county and want to do something about it.

    I am concerned that, with all the cuts in education, district will be taking even more “shortcuts” with our kids. I would like to get involved with fighting this problem in NY.

  • 41 Sharon L. 05/27/11 at 5:57 pm

    Laura, convene an IEP meeting to determine what is going on. Ask the school for proof that they are following the IEP. If they don’t, you can go to the next step. Retaining an attorney is a last resort, not a first step. .

  • 42 Laura 05/26/11 at 8:32 am

    We just discovered that my son has not been receiving inclusion support every day as required by his IEP. What is our next step? Re-convene the ARD committee? Teacher conference? Filing due process?

  • 43 Cathy 07/13/10 at 1:54 pm

    I am considered one of those “trouble makers” already since I (sped teacher) have written some of the types of letters that you talked about. After waiting many, many months of waiting for things to get better, they got worse. Now all of my IEP meetings are attended by a District Program Specialist so that most of my input into the meeting is never recorded on the IEP document. Often they have another sped teach attend the meetings. I have filed with the State and they claim the District is in compliance, WOW! Doing research to open my own business and continue to work with families and students with special needs.

    Signed,

    Disappointed but not giving up in CA

  • 44 Joanne 05/19/10 at 11:12 am

    I am a para-educator in a small school. I have been battling two teachers for the entire semester on modifications not being made. The administration is fully aware of this issue, and the teachers have been addressed. If a teacher says she/he is making mods, but we aren’t allowed to know what they are, how can we be advocates for the students?

  • 45 Lidia 04/10/10 at 2:42 pm

    I am a special education teacher . I have a student that has brain damage. The was diagnosed as mental retarded. In my school he has been placed in the 5th grade general education classroom despite he performs at lower 1th grade level. The IEP meeting decided that I should be in his classroom 2 hours per week during sciences and history class. I am not in compliance with this requirement because when I ask anything about what was said in the classroom using simple words the student says: : ” I don’t know”. If I insist with him he gets so tired and falls asleep. My Principal knows that I am not working with him at 5th grade level, instead, I am working at 1th grade level.
    I am wondering what can in the next IEP to justify my non compliance with the IEP. His parents insist that he has to be placed in the general education

  • 46 barb 03/20/10 at 7:24 pm

    Thank you for caring. I am a mother of a child who teachers are not following his IEP. I even call meetings with them, and they still don’t follow. My child is at risk for flunking loth grade.

  • 47 Laura 03/03/10 at 5:42 pm

    I am a music teacher in a district that requires that all students take general music in 7th & 8th grade. Consequently, the level of understanding and performance in these classes is very high. As an example, I have a 7th grade class with students that have been studying violin since 4th grade. In addition, I have two students mainstreamed into this same class. I have requested that the mainstreamed students come with aides but have had no luck. The students go to Health and Home and Careers with an aide but not to music. Their IEPs require that I read any reading material to them and provide them with a scribe for writing in addition to providing alternative assignments. The special education teacher is constantly calling me on the carpet for not following her students IEPs. Do I have any rights?

  • 48 Ashlyn 02/16/10 at 6:16 pm

    My daughter attends a public school. At the end of last year she was put on an iep after years of fighting for one but the iep lack other important program I think is essential for my daughter to suceed in Ive been asking for her to be put in the special math for two years now I been asking her to be put on a iep for ateast four years now. She has two years left and she is getting further and further in her math the school psychiatrist have her down as having a math disability this has been frustrating for my daughter as well as myself I need some advice and direction for I don’t know what to do and where to go from here help

    Ashlyn in Ohio

  • 49 April 02/15/10 at 11:46 pm

    During our last IEP the school’s special education director said, The recommendations my daughter requires in her IEP are provided by you, the parent. My child attends a Charter school that provides on campus classes and an independent study program, my daughter is primarily in their independent study program. I said, “she was on campus but the classes had over 40 kids, she was not able to cope with her environment, she was overwhelmed and zoned out. She shouldn’t have ever been placed into a class of that size. My goal, I also said, was to eventually have my daughter on campus full time.” The director stated, “But she will be overwhelmed with class curriculum and all the classes for Jr. High are large class sizes.” The large class that my daughter had been placed in was never communicated to me, prior to enrollment. My question to you is: is it the responsibility of the parent to provide FAPE, when a child is enrolled in an independent study/on campus Charter School?

  • 50 Peggy 01/23/10 at 9:38 pm

    I am looking for case history which can be used to persuade administrators to not pull Special Ed. teachers to cover General Ed. classes as substitutes. Special Ed. students are not receiving services per IEP.

  • 51 sean 09/29/09 at 5:35 pm

    The principal has refused to give my son an IEP. I asked him 4 times. He didn’t know my son was already on an IEP from when he was in middle school. His reasoning for refusing to convene an IAT was that my son is just lazy and that’s not an adequate reason for being on an IEP. His accommodations are supposed to help him with his organizational skills and he does have behavior issues. The only help he is willing to provide me is with an invitation to pull my child out of “his” school and open enroll him in another district. He has used this tactic on many students and has direct bearing on the school district having received an excellent rating by the state. I understand this is a federal statute he is violating, but what are my options?

  • 52 maryb 09/23/09 at 6:17 am

    My principal insists that i do “full inclusion” (no pull out) for my students on ieps (even though some specifically state that they need pull out/use of resource room. Furthermore, my principal dismissed the iep goals and insist i follow the 7th grade curriculum (with modifications) because these students will take the Ohio Acheivement Test (she told a parent that her child didn’t need to learn multiplication because she can use a calculator and she doesn’t need to know how to spell because the student can use spell check on a computer. The parent is very upset because the child’s needs are not being met in a regular ed class (appr. 30 students–10 with disabilities) and the goals are not being addressed. My principal is mad at me (not quite sure why) and the parent wants to take legal action against the principal. What should I do?

  • 53 Mark 09/02/09 at 10:21 pm

    A student’s IEP states that the child has reading and mathmatics disabilities, no mention of a writing disability. There are no writing goals. The section of the IEP that states the extent to which the child will be out of the regular education setting only mentions for math and reading. This child has 3 periods of communication (English) classes a day. One period is in the general ed. classroom and 2 are in the learning support classroom. This child is receiving writing instruction in the learning support setting, although it is not mentioned as a need in the IEP. Is this a major problem? What should happen?

  • 54 S 08/22/09 at 7:13 pm

    I have been a one-on-one aide for the past 2 years with a severe and profound autisic male student. His mother is planning to place him in an institution after October. He is having medical issues that will prevent him from attending school for the first 2 weeks of school. The Central Office staff offering the mother home bound instruction until he goes to the institution. His IEP states he needs a one-on-one. He will still be on our county’s roster until he goes to the institution. The Central office staff is moving me to another student, not filling his position, and not ammending his IEP. If they do not ammend his IEP are they guilty of non-compliance of his IEP. They will be sending the certified teacher that is on his case load to the home to provide services.

  • 55 Sharon 03/29/09 at 3:05 pm

    The principal met with mother of student to discuss inclusion services after the annual meeting held. No other personnel attended meeting. The Team had determined at annual meeting the student needed inclusion support in science, English, social studies, math. The parent did not object to this placement. The principal later told the mother that he didn’t need those services. The principal said he just needed to do his homework. Inclusion support in English, social studies and science were removed. Inclusion services were left for math only. The principal told the sped coordinator to write ammendment changing this service. I (sped teacher) spoke to the principal after I found out; the principal ignored my request for Team meeting in regards to the change in services. Is this legal? What can I do? My name is on the IEP as liasion.

  • 56 Julie 03/22/09 at 7:29 pm

    I am a former sped teacher, & I believe that certain accommodations are not being adequately made at my children’s school due to the school’s physical plan. It is an open school with no enclosed classrooms; during recent state tests, it was impossible to provide a testing environment with minimal distractions since there were no enclosed rooms. For students with that accommodation on their IEPs, I believe this was a disservice. (in the past there had been a portable, enclosed classroom used for Special ed, but that was reassigned this year). This accommodation doesn’t pertain to my children, but I know it does to others. Am I able to advocate for students even if my children are not affected?

  • 57 Fernandez 02/24/09 at 5:10 pm

    I am high school Inclusion Specialist in an inner-city district. Recently I have had to confront both a spec ed and a gen ed teacher–co-teaching pair, based upon the failure of 4 IEP students, w/o the implementation of IEP specified accommodations and modifications within their inclusive general education program. Initially, the teachers both claimed that they did provide accom/mods but that they were not specific to the IEP, and later had admitted that they had not differentiated the gen ed assignments until after the student had failed, or showed difficulty in the assignment. The special ed teacher believes that she was right, and that the student failures were justified. The general education teacher believes that since he provided a word bank to all the students he had done his part.

  • 58 Brenda 02/06/09 at 2:59 pm

    once my child goes to a training center – who is legally responsible for the IEP (untill she;s21) and carrying out the goals and objectives. they dont have a special ed teacher and I guess i thought they had to have one to write and carry out IEP transition goals

  • 59 JG 05/20/08 at 7:31 pm

    Whenever I speak with parents who voice frustrations over the inability or unwillingness of teachers/administrators to implement accomodations all I have ever needed to get them was the Dole v. Withers citation….Instant compliance. It is amazing how PERSONAL LIABILITY changes minds…cha-ching.

    Pam, thanks for keeping the information coming.

  • 60 WT 05/19/08 at 7:15 am

    First, get your administration on board. Second, please understand that you have a legal responsiblity to provide services and if you are a casemanager, at least in my district, you are also responsible for making sure that your team understands their legal responsibility. Don’t give up!

  • 61 Wrightslaw 05/07/08 at 12:34 pm

    Anne: Good luck in mediation. A successful outcome in litigation often depends on the decision-maker and if this person wants to rule in your favor. You want to make your case simple, so it is easier for them to do so.

  • 62 Anne 05/06/08 at 9:34 pm

    We have filed an administrative complaint against the district and the school and are going through mediation on May 19. I just want to make sure of our rights. We believe that the district is out of compliance because they took away a service written into the IEP without notice to the parents or the specialist involved and without a team meeting. We wrote numerous letters and e-mails about various complaints including this one. Also, the district OTR and COTA did not introduce three objectives written into the IEP for almost two years. Also, the OTR did not attend the triennial eval meeting even though we had scheduled it around her and only gave us notice a week before – we went ahead anyway because the OT specialist could only attend that day. They did schedule another meeting without the specialist, but since then, there has been lack of follow-up and communication on all sides.

    Happy 10th anniversary and thanks for the blog!

  • 63 Wrightslaw 05/02/08 at 10:58 am

    J-
    It’s possible the IEP team met because the current IEP was about to expire and they felt that they needed to create an IEP that would not be out-of date. Your daughter probably knows the date on the last one.

    I think your daughter needs to write a letter, BRIEFLY describe what was going on (as you did), that she understands that the team met but made no changes, that she is requesting another IEP meeting to develop the IEP for next year.

    I’m very glad to hear that you attend IEP meetings with your daughter. Support and involvement by grandparents is so important.

    -Pam

  • 64 J 05/02/08 at 10:10 am

    About IEP meetings –
    My daughter missed her IEP meeting for my grandaughter due to a medical emergency. I notified the school asap and let them know she could not come at the appointed time due to medical test/appointments made by her physician. We were advised a week later that they held the IEP meeting without my daughter present and made no changes. Is this legal under the circumstances? I normally attend the meetings also, but I was with my daughter. She had experienced dizziness and the inability to talk for an hour or more so her doctor ordered some test asap. I surely felt the school staff should have understood this situation and rescheduled. What do you think?