As both a seasoned Special Education attorney and also a parent of a learning-disabled child, I have seen firsthand the challenges that families face when it comes to Individualized Education Programs (IEPs). Some violations are glaring but sometimes they can be hard to suss out. It can seem like the IEP team is following the plan but when you drill down into the details the picture may not be as rosy. IEPs are legal contracts that are intended to provide tailored support and services to students with disabilities, but unfortunately, IEP violations are not uncommon. In this blog post, I will provide you with a comprehensive list of the top 15 examples of IEP violations, along with insights on how these violations can lead to Compensatory Education claims to help your child catch up.

15 Examples of IEP Violations

  1. Failure to implement the IEP as written. This is one of the most common IEP violations, and it can occur in a variety of ways. For example, a school district may fail to provide the student with the agreed-upon services, accommodations, or modifications. Or, they may fail to provide the services in the least restrictive environment (LRE). That means that they should strive to keep your child in their homeschool with the general education population wherever possible.
  2. Failure to provide appropriate accommodations. Accommodations are changes to the learning environment or how instruction is delivered that help students with disabilities access the curriculum and participate in class. If a school district fails to provide the student with the accommodations they need, it can be a violation of their IEP.
  3. Failure to provide appropriate services. Schools are required to provide students with disabilities with the services they need to succeed. This may include special education instruction, related services (such as speech therapy or occupational therapy), and supplementary aids and services (such as tutoring or assistive technology).
  4. Failure to provide services in a timely manner. Schools must provide students with disabilities with the services they need in a timely manner. This means that services should be provided as soon as possible after the student is evaluated and eligible for services.
  5. Failure to place the student in the least restrictive environment (LRE). The LRE is the most general education setting in which the student can succeed with the appropriate supports and services. If a school district places the student in a more restrictive setting without justification, it may be an IEP violation.
  6. Failure to evaluate the student in a timely manner. Schools are required to evaluate students for special education eligibility in a timely manner. This means that the evaluation should be completed within 60 days of the parent’s request.
  7. Failure to include the parent in the IEP process. Parents have a right to be involved in all aspects of the IEP process, from the evaluation to the development and implementation of the IEP. If a school district fails to include the parent in the process, it may be an IEP violation.
  8. Failure to provide prior written notice to parents before making changes to the IEP. Schools are required to provide parents with prior written notice before making any changes to the IEP. This notice must be given at least 15 days in advance of the proposed change, and it must explain the proposed change and why it is being made.
  9. Failure to provide parents with a copy of the IEP. Parents have a right to a copy of their child’s IEP. Schools are required to provide parents with a copy of the IEP within 15 days of the IEP meeting.
  10. Failure to provide parents with progress reports. Schools are required to provide parents with progress reports on their child’s IEP goals. These reports must be provided at least once a year, and they must explain the student’s progress towards their goals and any recommendations for changes to the IEP.
  11. Failure to comply with state and federal laws. Schools are required to comply with all state and federal laws related to special education. If a school district fails to comply with these laws, it may be an IEP violation.
  12. Failure to provide the student with a safe and supportive learning environment. All students have a right to a safe and supportive learning environment. If a school district fails to provide the student with a safe and supportive learning environment, it may be an IEP violation.
  13. Failure to provide the student with access to extracurricular activities. Students with disabilities have a right to participate in extracurricular activities to the same extent as their non-disabled peers. If a school district denies the student access to extracurricular activities, it may be an IEP violation.
  14. Failure to provide the student with a transition plan. Students with disabilities are entitled to a transition plan to help them prepare for life after high school. This plan should be developed starting when the student is 14 years old.
  15. Failure to provide the student with a free and appropriate public education (FAPE). FAPE is the right of all students with disabilities to a free and appropriate education as guaranteed by the Americans with Disabilities Act.

A Powerful Way to Address These Violations: Compensatory Education Claims:

IEP violations can have a profound impact on your child’s education. They may fall behind academically or miss out on vital services. In such cases, you can file a Compensatory Education claim, seeking to make up for the lost opportunities and progress. Compensatory education aims to provide additional support and services to help your child catch up. You can DIY this or you can reach out to a local Special Education Law firm. Many will do free case reviews and will take on your case on a contingency basis if they think the claim is strong. Often even the threat of a Comp Ed claim being floated to the IEP team is enough to get their attention and make the changes needed to fix the violations. Sadly often this is what it takes, but its worth taking this path if you can if it can help your child. Before you get lawyers involved you may want to start slowly and work with the IEP team. Your first step is to write a Parent’s Concern Letter and go from there.

Frequently Asked Questions:

Q: How do I report an IEP violation?

A: To report an IEP violation, start by documenting the issue and communicating with your child’s school. If the problem persists, consult with a special education attorney, and consider filing a complaint with your state’s education department.

Q: What is the difference between an IEP and a 504 plan?

A: While both provide support for students with disabilities, an IEP is more comprehensive, offering specific services and accommodations. A 504 plan is less detailed and focuses on ensuring equal access to education.

Q: Can I request an IEP meeting at any time?

A: Yes, as a parent, you have the right to request an IEP meeting at any time if you believe your child’s needs are not being met or if there are concerns about IEP violations. Don’t wait till your next scheduled meeting, time is not on your side when your child is falling behind. The right interventions can help close the gap but only if they are applied early enough in their brain development.

In conclusion, understanding the common examples of IEP violations is crucial for advocating for your child’s education. If you encounter these violations, remember that you have options, including pursuing a Compensatory Education claim to help your child succeed. By staying informed and seeking support, you can ensure that your child receives the education they deserve.

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