IEPs: PARENT LIABLE FOR NOT FOLLOWING IEP?

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Martha: Can a parent be held liable for not following an IEP they agreed to?

  1. According to the mandates of FAPE, what educational rights if any, does a child have if the parent refuses to accept her child’s learning disability. The child is ten; and academically two to three years behind. When the child lived with his grandparents, the child was evaluated and an IEP developed. Since 2014, the mother has moved twice, making it difficult for the school to evaluate and develop an IEP. The grandparents have been advocates for the child on so many different levels; however, the mother is overly indulged with herself, her boyfriend and engaged in at risk behaviors. The grandparents live in MI, and so does the mother and child. What options are available to the grandparents to advocate on behalf of the child’s educational needs.

    • Addressing this situation would need to involve the state child protective services agency, & possibly the legal system.

  2. The IEP is a document that describes a child’s needs, present levels of functioning and achievement. goals, and what the school will do to ensure that the child receives a free, appropriate education.
    Over the years, many parents have asked this question: “Who is responsible for educating my child – the school or me because I signed the IEP?”
    We wrote an article to answer these questions: “Who is Responsible for Providing a Child with a FAPE? The School or the Parent Who Signed the IEP?” You can read it here:
    https://www.wrightslaw.com/info/fape.sped.failed.htm
    As a parent, you represent your child’s interests. You need to educate yourself about rights and responsibilities and what the law requires. I also suggest that you contact your state Parent Training Center to ask about parent training sessions or programs.

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