educationattorney.com/ -- A school or school district can be sued for not following IEP. Under the Individuals with Disabilities Education Act, all students have a right to a “free and appropriate public education” in “the least restrictive environment.” If your child has special needs or learning difficulties, they may need an IEP (Individualized Education Program) or a 504 Plan to make progress in school. Ideally, parents and educators work together cooperatively to institute and execute the IEP effectively, communicating at regular intervals about the student’s progress through written reports and in-person meetings. But problems can arise when a school wrongfully rejects a student for an IEP, fails to implement an IEP, or fails to communicate with parents about the IEP in the fashion prescribed by law. In these circumstances, you may need to consult an education lawyer or special needs advocate to ensure that your child is getting the additional services they are entitled to.
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What is IEP or an Individualized Education Program?
An IEP or Individualized Education Program is a written plan that lays out specific accommodations and measurable goals for students who have trouble learning in the context of a general public education curriculum. IEPs may be developed for a wide range of disabilities and impairments, from slight to severe, and are individually tailored to the student’s needs. IEPs are created and reevaluated using a team approach, and represent a collaborative effort between students, parents, special education professionals, and other school personnel familiar with a child’s unique learning needs. All IEPs must be reviewed annually to ensure the student is making progress and that accommodations are still appropriate.and sufficient.
Can I sue a school for not following an IEP?
For obvious reasons, it is always ideal for parents to remain on friendly and cooperative terms with the school administering their child’s IEP. But in some circumstances, a parent has tried everything to get their child much-needed services and accommodations, and the school or district continually falls short. In these cases, you may want to speak with a special education advocate to explore your administrative and legal options.
Can I sue a school for an IEP payout?
In limited circumstances, you may receive funds from the school district over an IEP dispute if, for example, you can prove that private school tuition should have been paid by the public school district because it was unable to accommodate your child. You may also receive compensation for additional tutoring or other services you paid for yourself in place of an IEP that should have been granted, or one that was inadequate or poorly-administered. Though rare, in some cases, you may sue a school district for damages if you can prove that the school failed to provide legally required special needs services “intentionally or with deliberate indifference.”
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