What to Do If Your Child’s IEP Is Not Being Followed in Washington
According to the Washington Office of Superintendent of Public Instruction, roughly 143,000 students in Washington State currently receive special education services in academic environments. Under the Individuals with Disabilities Education Act (IDEA), schools are legally obligated to implement each eligible student’s Individualized Education Program (IEP) in full in order to ensure young people of all backgrounds and abilities have access to comprehensive academic support.
Unfortunately, schools may not always effectively comply with the requirements set forth in students’ IEPs. This can happen for a variety of reasons, including staffing shortages, administrative oversight and lack of training, among other things. No matter the reason, however, academic institutions have a legal obligation to adhere to the tenets of both universal accessibility legislation and individual accessibility plans. If you suspect your child’s IEP is not being followed in a Washington school, read on to discover what legal options might be available to you and how a special education lawyer can help you fight for your child’s rights.
What is an IEP?
An IEP, or Individualized Education Program, is a legally binding document developed for public school students in the U.S. who are eligible for special education services under the Individuals with Disabilities Education Act (IDEA).
An IEP will typically include:
- An overview of the student’s current level of academic performance and functional abilities
- Specific, measurable educational goals
- An explanation of the special education services and supports the school will provide
- Specific notes about the kinds of accommodations or modifications the student might need to support their learning
- Metrics for measuring and reporting progress
- Information about placement decisions (where and how the student will be taught)
An IEP is usually created by a team that consists of the student’s parents or guardians, teachers and special education staff. Sometimes, other professionals — such as therapists, psychologists, social workers, and disability advocates — contribute to these conversations to help develop a more comprehensive understanding of a student’s needs and capabilities. In some cases, the student themselves may also be included to ensure they have a say in their own academic experience.
It’s important to note that an IEP is not fixed or unchanging once it has been created. Instead, a student’s IEP should be reviewed and updated at least once a year to keep pace with the child’s evolving needs.
The importance of IEP compliance
Under federal and Washington state law, school districts are required to implement each component of a student’s IEP in good faith. This includes:
- Providing all required accommodations and modifications
- Delivering additional agreed-upon services like speech therapy, occupational therapy and counseling
- Meeting instructional support hours as outlined
- Following behavior intervention plans (BIPs)
- Ensuring appropriate placement in educational settings
Failure to provide these services can not only compromise a student’s academic progress but can actually open up a school or school district to legal challenges under state and federal accessibility law.
Common signs an IEP is not being followed
When schools lack adequate training, staff or other resources, parents and caregivers tend to be the first to notice when a child is not receiving adequate support. Common red flags that stand out to parents and guardians might include:
- Missed or inconsistent therapy sessions or service hours
- Teachers reporting that they are unaware of a student’s IEP
- Teachers failing to employ IEP-mandated accommodations
- Behavioral changes or a perceived lack of progress in a student’s behavior
- Unexplained declines in academic performance or emotional distress
- Ongoing challenges with communication from staff
While some of these red flags may seem small or insignificant, occasional lapses or gaps in support can add up over time and negatively impact a student’s ability to engage equitably in the learning process. When this happens, parents are well within their rights to take action and fight for the accommodations and support their child needs.
What to do when a child’s IEP is not being followed
If you are concerned that your child’s IEP is not being adhered to within their school environment, there are a few steps you should follow to hold authority figures accountable:
Step 1: Document violations
One of the most vital things you can do to combat lapses in your student’s disability support is to meticulously document any and all gaps in service. It is highly recommended that parents keep detailed, well-organized records of things like:
- Past and present IEP agreements
- Emails or notes from teachers or staff
- Incident reports
- Cancellation notices for missed appointments
- Report cards or progress updates that show a decline in academic or other performance
- Medical records or therapy progress notes
Having a clear, factual record of what was supposed to happen vs. what actually happened can help to support your case going forward.
Step 2: Communicate with the school
Often, IEP lapses begin with miscommunication or lack of oversight. Before escalating matters, reach out to your child’s case manager, teacher or special education coordinator directly for clarity. It is recommended that you keep all communication in writing, and follow up any verbal discussions with an email summarizing what was said in order to maintain a comprehensive paper trail documenting your efforts to address perceived problems.
Step 3: Request an IEP meeting
If informal communication doesn’t resolve the issue, your next step is to formally request an IEP team meeting, as is your legal right under IDEA. During the meeting, you can:
- Review what parts of the IEP have not been implemented
- Ask your child’s team to share with you the cause of the gaps in your child’s support
- Propose changes to address these gaps and ensure better implementation moving forward
- Request compensatory education to make up for any lost services to which your child was entitled
Be sure to bring any documentation you’ve collected and take notes during the meeting. If you feel overwhelmed, consider bringing an advocate or special education attorney with you. You may also want to consider recording the meeting for an additional layer of accountability.
Keep in mind, however, that the state of Washington is a two-party consent state which means you MUST secure the permission of all parties involved in the meeting prior to recording. Recording someone without their consent is against Washington law and could result in legal action being taken against the offending party.
Step 4: File a state complaint
If the school continues to ignore the IEP or fails to resolve the issue, you can file a formal complaint with the Washington Office of Superintendent of Public Instruction (OSPI). The OSPI offers parents a variety of dispute resolution options and encourages family members to take advantage of these options to resolve disagreements more swiftly and amicably.
With the help of the OSPI, parents can:
- Request facilitation
- Request mediation
- File a community complaint to request an investigation
- Request a due process hearing before an administrative law judge
Depending on which action parents take and the kind of corrective action they desire, OSPI may conduct an investigation, order specific corrective steps or implement enhanced levels of oversight to ensure compliance.
The role of a special education lawyer
If all attempts at resolution prove unsuccessful and a due process hearing is sought to resolve the disagreement, it is highly recommended that parents and guardians partner with an experienced special education lawyer to help them navigate the complexities of these proceedings.
A trusted special education lawyer – like the team members at Smith McBroom Injury and Accident Lawyers – can:
- Help you document IEP violations
- Represent you in hearings, mediation sessions or IEP meetings
- File complaints on your behalf
- Negotiate compensatory services or settlements
If your child’s IEP isn’t being followed in a Washington school district, don’t wait to take action. At Smith McBroom, we are dedicated to helping families in Seattle and the surrounding areas advocate for their children’s rights. Our experienced team knows exactly what it takes to help students and their caregivers navigate the complexities of accessibility law and arrive at resolutions that set young learners up for success.
Contact us today for a free case evaluation. We can gather information about your claim, advise you of your legal options and help you move towards the best possible resolution for your child.