What do I do if my child's school is in non-compliance of her IEP?
My daughter went into kindergarten this past year and in her IEP it clearly states for her to have a one on one personal assistant to assist with anything from following routine to IEP goals and objectives. On September 16th 2024 is when the one on one and I started a communications book so I can be filled in on what happened during the day. On November 7th 2024 I wrote in the commination book that I've noticed the one on one wasn't writing in the book for the past week and asked if she was out sick and if there is a replacement for her in the meantime. That was ignored until Nov 12th when I reiterated I wanted an answer to my question. Then the principal reached out that day via phone call to explain that the issue will be resolved shortly and that they are depending on the teachers assistant to help in the meantime. I made it clear that I wasn't happy with this situation and was reassured that it will be corrected. As of today January 24th 2025 it has yet to be resolved resulting in my daughter going without a one on one for almost three months. I've called, had a parent teacher conference and email to discuss this issue and I keep getting the same answer. Please help
At a first level, you should contact the teacher and/or principal, ask about the non-compliance, and see if they will fix it. In your case, they acknowledged it, but they haven't fixed it. It's understandable that things may happen sometimes and might not get corrected immediately. But stay on top of it and keep checking regularly. If a reasonable time goes by and it hasn't been corrected (it sounds like this is where you are now), then you may need to request a meeting of the IEP team, reassert the services your child's needs, and get it all on the record. If the school continues to fail to provide the services, your next step is to file an administrative complaint for failing to comply with the IEP. It's like a lawsuit, but within the administrative framework. If it gets to this point, you should hire an attorney.
Be aware that this response does not create an attorney/client relationship. I live and work in Massachusetts and may or may not know the local laws where you live. I hope people find my responses not only helpful but somewhat entertaining as well. If you rely on this as legal advice, remember the old saying, "You get what you pay for."
