The ABC's of IEP'S

By Sheila Wolfe - IEP Services

HOW TO FILE AN IEP COMPLAINT WITH THE STATE DEPARTMENT OF EDUCATION (DOE)

“I keep telling my school that my child’s IEP is not being followed.” “My son isn’t getting any speech therapy because the SLP is on maternity leave.” “I keep asking how my daughter is doing in math, but the school just ignores me.” Does this sound familiar? Maybe it’s time to file a complaint with the state Department of Education (DOE).

In previous articles, we covered various administrative remedies available to parents. The state complaint is, in

my opinion, the easiest and perhaps most effective way to get your child’s program back on track when communication with the school breaks down. The complaint form itself can be accessed at https://www. in.gov/doe/files/filing-special-education-complaint.pdf.

Indiana DOE also provides guidance on filing a complaint at https://www.in.gov/doe/students/special-education/ special-education-complaint-511-iac-7-45-1/. Parents should review the requirements for a complaint and make sure they have all the necessary information and documentation to complete the complaint form. It helps to make sure you communicate by email with your school so you have documentation to share with your complaint. Verbal conversations amount to nothing more than “he-said-shesaid” when supporting a claim against the school.

Typically, the most successful use of the complaint process will involve a direct violation of the IEP. If a parent has data, documentation, emails, or written records demonstrating a violation of the IEP, filing a complaint is a quick and free way to correct a school’s lack of compliance.

There are many ways a school might directly violate the provisions of a student’s IEP. Here are just a few examples: 1. A therapist is on leave or quits and has not been replaced, leaving students without services. 2. A school consistently fails to follow the Behavior

Intervention Plan for a student. 3. The school does not have an appropriately licensed teacher to provide services. 4. The school fails to provide progress monitoring assessments/data as required by the IEP. 5. The school fails to modify work/homework as required by the IEP. 6. The school fails to provide the required accommodations. 7. The school fails to provide the required adult support in each classroom.

Obviously, the list of possible violations is endless and based on each child’s individualized plan. The takeaway here is that complaints are best for these direct “black and white” types of situations. When a dispute arises regarding a difference in viewpoint on what a child needs or the methodology for appropriate instruction, the use of a complaint is not appropriate.

The state DOE is charged with ensuring that schools comply with the IEP, but they are not responsible for settling disagreements regarding the content of the IEP unless the school has failed to include required content (like a transition plan when a child turns 14). For example, a parent would not have any success if they filed a complaint stating, “The school is not providing enough speech therapy for my child.” This kind of issue would best be handled through mediation or Due Process.

Lastly, if a parent has a specific communication issue with a teacher or administrator and has not been able to correct or improve the situation, filing a complaint is often effective. If a parent requests information or answers in writing (typically through email) and school personnel repeatedly ignore those requests, notifying the state DOE through a complaint will most likely correct the situation. Schools are required to respond to a written request from a parent. Ignoring a parent is not an option.

It is important to make sure the school is aware of any concern or alleged violation prior to filing a complaint with the state DOE. Part of the complaint process is demonstrating the parent’s attempts to handle any issues with the school directly before filing. Again, this makes communicating in writing vital to your success with any official complaint. If a parent is organized and diligent when trying to collaborate with the school to solve any issues with a child’s IEP but still cannot compel the school to comply with the provisions of the IEP, filing a complaint with the state DOE can be a quick and effective way to correct any instance of non-compliance.

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