By Sheila Wolfe IEP Services
The ABCs of IEPs
We have covered quite a bit on the appropriate content in an IEP and how to determine the needs of a particular child with a disability in previous articles. But what happens when you have developed an appropriate IEP, but the school is not implementing it as written? What happens if the school refuses to provide needed services? This is when parents need to pursue one of their administrative remedies.
Do you need help getting your child with special needs the services they NEED and DESERVE at school? Professional Parent Advocate with 20 Years Experience Specializing in Developing IEPs that WORK Experienced in All Disability Categories Autism Expert Helping families receive a meaningful education for their children in public schools
IEP IEP Services, Services, LLC LLC Integrated Educational Programming
Sheila A. Wolfe Special Education Consultant
sheilawolfe@sbcglobal.net Please email for more information.
14 Special Needs Living • August 2021
Article 7 Rule 45 contains the law regarding the available administrative procedures parents may decide to engage in to compel a school to follow an IEP. These administrative options can also be used to resolve disagreements between parents and schools regarding the appropriate content of an IEP. This often happens when a school is not providing the services and supports spelled out in the IEP and/or when a school will not provide supports and services the parents feel their child requires to learn and make meaningful progress. MEDIATION: A parent (or school) can request mediation whenever there is an issue that seems to have reached an impasse. These issues are usually ones of philosophy or opinion regarding what the student needs for the IEP to be appropriate. Mediation is completely voluntary and either party can refuse the request for mediation. If the parents and school agree to go to mediation, the Indiana Department of Education randomly assigns an independent mediator to hear the “case.” This mediator’s role is to bring both sides to an agreement that usually involves meeting somewhere in the middle on the issues. This can be highly effective if there are many issues in dispute between the school and the family. The downside to mediation can be the knowledge of the mediator regarding special education law and best practices in education. The mediator is usually not an attorney and does not have expertise in special education matters. Their skillset involves promoting compromise so that each side “wins some” and “loses some.” This can be a “hard sell” when families and schools have very definite (but different) ideas about what the student needs to enable them to learn and progress. STATE COMPLAINT: When there has been a direct and documented violation of the terms in the IEP, and the school is not responsive to the parent’s request for correction, I recommend
