In truth there are overlapping responsibilities, but actual, meaningful monitoring.....Parents, unfortunately, end up doing the most effective work.
School division is supposed to report it's compliance(a self assessment) and certification.
State dept of Ed supposed to certify compliance to Fed gov annually.
The certifications of compliance happens like clock work.
Monitoring actual compliance, in reality really falls to parents.
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I am licensed in the Commonwealth of Virginia, answering your query and my answer do not create an attorney-client relationship and I am not providing you legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights--or rights to recovery of damages. I wish you the best of luck with your situation.
The theory of IDEA is that the school has the responsibility for making sure that the IEP is implemented in accordance with its terms. The fact is that the school has no way to effectively monitor the day to day performance of the staff. At best there can only be spot checks. The result is that parents must make sure that their child is getting the services which are promised. The school should provide progress reports and it is required to make a record of the services provided. The record may not be accurate, but sometimes it will show that services are not being provided. If services are not provided you can meet with appropriate staff and show them the IEP, which they may not have seen, request an IEP team meeting to discuss the issues or request a due process hearing. For the due process hearing you may need legal assistance.
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