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

Print Friendly
Share

“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

Leave a Reply

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

Notify of
800

I am a special ed teacher, our Special Ed. Director has instructed us to participate in peer reviews of students IEP files throughout the district that I have no common educational purpose for reviewing their files. Is this process legal in accordance to FERPA/HIPPA laws?

Can anyone provide citations to more recent cases in which teachers or administrators have been held liable for their failure to implement IEP??

Hello, I hope someone could help me. My son is in 6th grade and I have an IEP meeting coming up. He has done well in previous years with it and his teachers. This year they have him in a regular class room for 98% of the day and his grades are declining. His math level is beginning 4th grade and reading is mid 2nd. Im not sure how he has made it to 6th grade. The teacher have called me saying you don’t want your child to be the one smoking in the bathroom and that they don’t have the time to tutor him. Before he was taken out of class more and his grades were better but with it saying his level is 2nd and 4th makes me think there just pushing him through. Confused on what to do and laws and so forth.

Hello, I know this a little off topic but I’m hoping someone can help me. My daughter’s father let his girlfriend take my child to see a friend who’s a preschool teacher and had her tested to see if she ready for preschool. I have full custody of my daughter and they didn’t ask for my permission. I wanted to know if it’s against the law for them to test my child. I tried talking to her father about how unethical it was, but he and his friend just called me stupid.

I am growing concerned because as a case manager and their teacher, I know that certain services are not being provided, or at least not the correct amount. They send out a schedule saying Ms. X will pull Johnny 9:30-10:00 on M & W to work, but Johnny is in my class and is NEVER pulled. When I ask Ms. X for a revised schedule they say that is the correct one. Um, ok. I have voiced and documented concerns to them, as well as with admin. Admin just brushes it off like I am wrong or confused. I get a lot of “you’re young, you’re new, we know BETTER” …this is my 4th year with this district and these students and it is plain as day that these students are not receiving services per their IEP. What is my next step?

after teaching gen ed for years I got my ma in special ed. I only taught for two years in NJ, but now i am in PA and I am suddenly, not just the teacher, but the Case Manager. All I have been doing since the first day is paperwork, bench marking is hard for me bc of all the paperwork. In Nj there was a CST leader, a LDTC, a child psychologist, etc, I never actually wrote the entire IEP myself, until this fall. My students aren’t getting the resource room attention they need because all I do is meetings and paperwork. Please advise.

worried, do you have paras or assistants in your room? I teach in a small district so am in same boat (teacher, cm, et al) and what I have found works best is making data charts that ANYONE could follow and fill out or that only require a simple tally or check mark for the date. It does take some legwork upfront but it has made benchmarking so much easier and i find i am able to check off data organically as it happens too.

I am a 3rd grade classroom teacher in a large Title I elementary school. I am concerned because there are students in my class whose IEP’s state that they will be receiving self-contained math or language arts and this is not happening. Is this a violation of IDEA?

Put your concerns in writing back to school administration and the special education teacher assigned those students and ask for clarification of the services the students are suppose to receive.

I am a new Special Ed Resource teacher in a Charter School. Since day 1, I have had more students on my caseload than the federal law states is the legal limit (33). Currently, I have 41 and this will increase as I have been submitting eligibility paperwork on other students. My question is that I have emailed administration about the fact that I am over my caseload limit; however, nothing has changed at all. The former teacher use to be in charge of A-Team (RTI) as the coordinator as well as be in charge of 504 students. I have been able to get the assistant principal to take on 504 students, but I am still the coordinator for the A Team at our school as well as case manager for over 41 students. What can I do to protect myself? and to also expose this further? Thank you for your help!

I would show them hard data and that it is impossible to service students and that the IEPs will not get followed. Sadly, it looks like a good number of your students will not get serviced properly. You mentioned that you are a new teacher. Is this the academic culture you want to exist in for the next few years? The professional and academic culture may not change. Do they truly have the resources and staff to service students? The good piece in this is that the assistant principal took over some of the load–sounds like they are listening.

I am also a social education teacher with 28 years of classroom experience. I have been harassed by a fellow colleague by refusing to allow me in to her classroom to work with my student. She has locked the door and tells students not to let me in, she yells at me in front of students, and refuses to allow me to observe the student for an evaluation. I reported it to administrators, special education supervisor, and HR.I was transferred but nothing happened to regular education teacher. No investigation. Parent was very upset. No lawyer wants to get involved because of the teachers union. Shame,shame, on school district for not protecting student or special education teacher. Now what? District appears to want to go away and stay quiet!

I am a SPED teacher in an urban district and I have not been accepted by the community because I am not from the community. I do not judge and went into the profession to make a difference. I was bullied, ignored, and have about 75 Emails that my supervisors have ignored at the school. I too went to the Principal, Ass. Super and HR. It is all a scam. I am at a loss because there are so many family members employed at the school, everyone covers for everyone . I even recorded someone harassing me and it didn’t matter, no one wanted to listen to the video.Everything is kept hush, hush. Yes, district wants to go away and stay quiet!
Get out!!!!

I am a parent and know that my sons IEP does not fit he needs nor the school follow IEPs. My son is in a self contained class grade 5th. He has a reading level at the end of second grade beginning of 3rd grade since 2ndgrade. He is 4 years behind. I have tried court and I also have said to the case manager that you do not have what my son needs in school. iT has gotten me no where. M son will be attending 6th grade next year I am terrified.

Do not give up. I’m facing same situation. My son is also going into 6th grade and we have to fight for them, do not stay quiet. File a due process hearing to get him what he needs. File complaint with Sacramento if you’re in California. Not easy, But not impossible.

I came from the special education environment. I know what children with exceptionalities need. I was recently told the special education team needs to modify quizzes. I have NEVER changed quizzes. Appropriate accommodations are given ex: more time, visuals, using notes, taking test orally, or shortened version of the test, but not modifying quizzes.This is VERY frustrating.

Please suggest ways I can come across to this new school.I do not want them to be set up to FAIL in high school. In high school tests are given. If the student’s IEP indicates they can take the regular standardized test, no modifications are given (Indiana), only accommodations… HELP!

You can neglect the standardized testing with a neuropsychological backup letter. I did it

I am a relatively new special education teacher in PA. I try to advocate for my students whose grades are inflated and not receiving services needed but ended up fired. No lawyer will take my case, too much work not enough money. I gave up after fighting two years.I checked out similar schools and saw the same situations. In new school I thought was better but I see similar issues here too. .I am afraid to say too much. But I try doing a lot myself and still don’t get very far.is all of PA like this?

I am an intervention specialist, I pull my students for specially designed instruction in phonics/decoding and reading. My principal says I can pull non-IEP kids with my IEP kids. Is it still Specially Designed instruction if its available to everyone?

My son has an IEP with a behavior plan. I am told consistently that his school does not have the staff or training to work with him. Most recently told by one of his teachers that he should not be part of general educatiom. I want the best for my child but feel I keep running into walls.

You can request an IEP meeting with the school district itself. Every child has the right to receive special Ed services at a regular school under the IDEA act but more specifically under the NCLB Act.
The school district is LEGALY forced to provide those services FIRST at a regular school. If the child/teenager does not improve, then a special day class is suggested. But they have to provide those services first.

my wife was a special ed teacher for 13 years she switched schools to be closer to where our kids would go to school . She and the school psychologist caught the other special ed teacher forging signatures on iep’s and iep,s that were word for word every year because goals were not being met and nobody cared. my wife raised a fit because kids were being denied a good education. Since my wife was not tenured she got fired and the bad special ed teacher remains.

For 12 years, I have struggled with the school systems to provide an appropriate education, and an appropriate IEP. My son is 17 years old in 11th grade, and he will most likely drop out in about a month. Years of compulsory attendance, years of 10-12 IEP meetings each school year. Years of disagreement of the IEP, multiple test and evaluations that say the same thing time and time again – Only to get offered the same thing. Access does not always equal benefit.

I want to continue on my previous post. Given evaluation results that often do not describe students’ present levels of performance, the subsequent IEP goals do not address the student’s true educational needs. As well, goals are typically written to fit a student into an ongoing or pre-existing instructional group which further separates the IEP from the educational needs of the student. My suggestion would be to direct your initial effort on building the IEP because implementing a faulty IEP may do more harm than good.

I am a school psychologist. I know that in most cases the interpretation of evaluation results are incomplete and do not reflect the present level of performance of most students. The biggest culprits are incomplete observations (performed in only one setting and are not relevant to the presenting concerns), identification of auditory processing disorders (administration of an assessment instruments not designed for auditory processing coupled with incomplete knowledge of auditory processing and corresponding modifications) and over-reliance on composite test scores (surface level interpretations without including item analysis and testing observations).

my daughter has trouble learning understanding and thinking, her school wont give her an iep evaluation. we have tried for 2 years. she cant remember anything she learns at all. its a huge struggle for her. she’s in high school and is still struggling. the teachers just say come to class more and read you lessons. (shes home schooled 12th grade). she still hasn’t passed her ogts because of learning difficulties. her teachers say they cant give her an IEP because shes not doing her homework all the time. me and her both explain its because she has very serious learning difficulty’s that effect her inside an out side of school. they still respond with the same answer. we contacted the principle but so far no response after two weeks. what should we do?

From your description, it sounds like they evaluated your daughter because not “giving” her an IEP would be a decision based upon a determination that she did not meet eligibility criteria. However, it is unclear whether you are speaking of their decision not to perform an initial evaluation or she did not qualify for services.

The school did not make an IEP for my son. They also were found guilty by the board of education for 5 of his constitutional rights being broken. He has many disabilities. I need an attorney to handle his case. What they did was not fair to my child. All i want is an education for my son like every other child receives. This has to stop, and we need to start speaking up. It took me over a year fighting for him, but it was worth it.

I graduated with a IEP Certificate. I wanted to become a police officer. I cannot find a good job because I am labeled of not graduating high school. But I did.
Walked right off the stage in a cap and gown.
My pin of my year I graduated and to this day from 2011 I have been fighting to get my GED!!! When I was in school I had a 1-on-1 to help me with my homework and class work. I can’t even find a tutor out here that’s how much of a lack this education system is.
It’s a struggle to know I went through the whole process of school and to be known as a non graduate is very painful!!!!

I’m writing because now that I know more about ieps for my two children, I wish I had filed a law suit against my children’s school, to get to the point, my daughter has HFA and when she was in first grade I knew that she was not getting an appropriate education, she only had 30 min a day she was pulled out for resource, the next year I was able to change schools but I had to hold her back in first grade because the school had done such a poor job, btw she was in a regular first grade class and when she got to her new school, started in reg class w resource and so on and finally Iep team decided ‘ hey this child needs to be in a self contained class, which she is now and I’m pleased with her progress, I’m just still upset that she lost a year of her precious life.

Brenda, I went through the same as you, struggled with holding him back and learned I had many more options than I was aware of. It has affected my son, being held back, however; I keep it on the positive with him. The schools, they tell you as little as possible. If it were not for friends in the district, I would have been at a total loss still. You are the best advocate for you child and be proud she is where she is at.

My daughter is on an IEP and her teacher left for her with No lesson plans for 3 weeks and left it up to her Aid and Substatute teacher to figure out. What should I do ????? My child lost 3 weeks of time to further her education.

Did you find out what to do? We have a similar situation.

I am a special education teacher and was recently told not to address goals in 16 students’ IEPs. I was told that ‘we’ do not have time for that and that we may not even have time to meet the resource goal of 30 min/day. I was handed an old standardized test and told to use that as a my teaching tool. I was told to no longer help the students understand their daily work. I was told that my goal should not be to improve their reading level or their ability to understand math concepts and accurately compute without a calculator (even when they can).

This is my first year in this county, but I have always had student scores that exceeded expectations in years past. For reasons stated above, I was told that teachers can be dismissed for non-passing state scores. I am at a loss; I am being told to break the law and teach to the test.

Just Another Hard working,loving (non-appreciated) Teacher

All teachers are.. as well as given a 120 other data collection jobs on each student, 2 meetings per day and IEP’s to write, and write goals for students on subjects I don’t even teach.Parents scream at you despite how hard or late you work and plan for their child’s success or personal money we spend on the classroom because they don’t see that. I still love my job, but only in the classroom, and I don’t know how long I will enjoy that because they keep increasing the content and pace the kids should be learning at and there is just not enough time in a day. I always make time for their goals, because if their IEP is written correctly they need the goal to understand the grade level concept. I yes administration and nod, then I close the door and make sure “OUR” kids get what they need to learn… In my opinion Its better to learn half of the skills really well in a year then to learn all of them poorly.

To non-appreciated teacher: There are many teachers who do not follow instructions on the IEP. But i recognize there are good teachers that do too. This forum is about the ones who aren’t doing their job and the administration as a whole. It may not be the teachers fault alone, but that of their superiors.. but also, if they don’t speak up to stop it, nothing will happen. And children are not being taken care of.. sad really.

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.

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?

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?

Are you the classroom teacher? If so, then you should be providing that para with direction. Is the child is successful at the task without the para? Even if he or she has to struggle a bit? If so, then the fading is at an appropriate level.

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?

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

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.

is this through the public school? A private agency does not have the legal requirement to follow an iep like the schools do.

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

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.

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.

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.

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.

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

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.

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.

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!

The school should be providing an aid to go with this child on the field trip, this teacher should not be dictating the situation…504 law states that schools are responsible to provide accommodations for the child to attend field trips and school sponsored outings (like concerts or choir events that are off school property)- they can not deny this child the opportunity to attend such events! So to me they need to secure a resource or special ed aid to go with the girl on the field trip and this teacher needs to learn that her attitude could get her into trouble down the road for denying child’s rights under FAPE, IDEA and 504 regulations!

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.

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.

1 2 3
wpDiscuz