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Heather: My son (3rd grader) failed for the quarter, even though the school acknowledged that they were out of compliance and not following his IEP in all classes for five out of the nine weeks of the quarter. Do I have recourse to address his failing grades since they were out of compliance for over half of the grading period?

  1. My son failed his quarter right before the shut down. Mind you I have had all sorts of problems with the school from him being excluded not allowed to partake to a teacher that just refuses to follow the IEP. I asked for an emergency IEP meeting to discuss my concerns and how to get my son back on track. School never responded. Today I get a letter in the mail stating that they will not be changing the IEP’s for next year as they cannot demonstrate that he made progress with his goals.I just found out too that his fifth grade teacher will now be his sixth grade teacher. I want him to have a different teacher but the school is not honoring my request. Where do I go from here?

  2. Ok My child has IEP. My child took one AP class this year. School guidance counselor is not only AP coordinator she also is contact person for the college boards. ( the guidance counselor never sent application to college boards to request her IEP be used on test (I confirmed that with them today. I was never even told or made aware of college board until today)
    Her AP final was today which she was not only not allowed iep accommodations but a timer was placed in front of her to show her how much time she had to complete the test. Per IEP she gets extended time on testing. If she does poorly on this test because she felt rushed what can be done about this.

  3. Did the school acknowledge the non compliance in writing? They should provide you with a document called “prior written notice” to state what the compliance issue was and what was done/not done. Yes you have recourse. THey need to make this up to you in the next quarter and/or extended school year over the summer and/or vacation time at no cost to you. You may have to engage an advocate or attorney.

  4. Heather –

    You can address this through the IEP Team process. This is, in my opinion, almost always the best first step.

    You can ask how the Team will remedy the non-compliance and prevent it in the future, as well as what compensatory services will be provided (if they were out of compliance with services). You can also ask the Team to provide additional supports or services going forward. If there is confusion about his needs, you can ask for an evaluation in any problem areas.

    You may also choose to use a dispute resolution option. This may be a good option if the Team can’t find agreement, or the process has proved confrontational in the past. A state complaint, mediation, and due process hearing are all potential options, each with their own benefits and drawbacks. There may be even more options where you live.

    Your local parent center ( can help you understand all your options and help decide which may be best, based on your circumstances.

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