Services: SCHOOL CANNOT PROVIDE SERVICE MINUTES REQUIRED IN IEP

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Anna:  What happens when a school can not provide all service minutes to student’s with IEPs. Can the school be sued? What law or laws would that fall under?

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Misty

From personal experience, the assessment specialist/IEP/ARD facilitators call a Special Review ARD to say that compensatory time is owed (after reviewing the required service logs) and create a plan to “owe” back those time, which may include after-school tutorials and summer school (which is outside of the instructional day) and being made up before the end of the current academic year. The parent/legal guardian can either say that time does not have to make up or time does need to be make up. As for specific laws, consult with your local state education agency. Hope this helps.

Jill G

I encourage you to contact your local parent center to learn more about the options you have, and the pros/cons to each (http://www.parentcenterhub.org/find-your-center/).

Jill G

Anna –

You have a few options for holding the school accountable. I encourage you to first use “local resolution” – this is simply meeting with your child’s Team to try to resolve it. If the Team can’t seem to resolve the issue, move up the latter – to the school principal, special education director, then the superintendent. If you pursue other options, you will likely be asked what you did to try to resolve it.

Other option you have include:
– your IDEA state complaint process: helps solve procedural issues, like whether
the school is following the IEP (if the state determines the school violated the law,
they can order the school to provide compensatory services)
– OCR’s civil rights complaint system: similar to the state complaint system, but often
takes longer to resolve
– mediation: a neutral third party helps resolve disagreements, using compromise
– due process hearing: an administrative hearing where a neutral hearing officer
makes a determination on your case (if the HO determines the school violated the
law and that the violation denied your child a free appropriate public education, they
can order the school to provide compensatory services)
– other options available where you live