If your child is being denied an IEP, there are steps you can take to protect their rights and help them receive the education that they deserve. As attorneys such as our colleagues at K Altman Law know, an Individualized Education Program, or IEP, is vitally important for students that are in need of a special education. The denial of an IEP can have serious consequences, and it is important to speak to an attorney to help protect your child’s rights and interests.
Know IEP Eligibility And Why Denials Arise
A legally binding document, an IEP outlines the specialized education resources and assistance a school has to provide to a kid with a disability. This is meant to guarantee your kid can succeed academically and access the curriculum. Specialized instruction, therapies including speech or occupational therapy, behavioral supports, accommodations like extra time on tests, or access to assistive technology could be included in the plan.
Two requirements have to be satisfied to be eligible for an IEP. First, your child must have a disability covered under one of the IDEA-defined categories—that is, autism, ADHD, dyslexia, a speech or language impairment, emotional disturbance, or a physical impairment. Second, the impairment has to be major enough for the kid to need special education in order to advance academically.
Your Legal Rights Under IDEA
Special education law’s foundation rests in the Individuals with Disabilities Education Act. Every youngster with a qualifying handicap is guaranteed the right to FAPE, free and suitable public education. This implies your school district has to offer the resources required to satisfy your child’s particular requirements.
In addition, IDEA levies a “Child Find” duty on schools. Not only children already having academic difficulties must be actively found, identified, and assessed; rather, all children possibly having disabilities must be found. The school may have broken this duty if your kid has been refused an IEP and you believe they were not thoroughly assessed. If you believe that your child’s rights are being violated, an education lawyer may be able to help you.
Get The Denial In Writing
Legally, a school must provide a Prior Written Notice (PWN) when it denies an IEP that justifies the decision. The reasons for denial, the evidence the school depended on, and any other solutions taken into account should all be clearly stated in this paper. Regrettably, several schools do not give PWN automatically, therefore parents are unsure as to the justification of the choice.
If you have not gotten this notification, get it right away and write it. Having the denial and the school’s justifications written down offers a paper trail and helps to avoid later misunderstanding. Furthermore, it tells you insightful facts on the lack of proof the school used to support its decision.
Ask For An Independent Educational Evaluation (IEE)
Requesting an Independent Educational Evaluation (IEE) at the school district’s expense is among the most efficient ways to contest an IEP refusal. This lets you bring in an outside expert—such as a psychologist, speech therapist, or occupational therapist—who can assess your child without the same prejudices or restrictions as the school.
You do not need to justify your opposition to the school’s grading. The district must either approve paying for the IEE or submit for a due process hearing to justify their appraisal once you make the request. Many institutions prefer to approve the IEE because hearings are expensive and time-consuming.
Pursue Mediation Or A State Complaint
Should the school keep refusing services even after you offer fresh documentation, you have the option to take further action in order to protect your child’s rights and interests. One solution is mediation, whereby a neutral third party facilitates an agreement between you and the school. Less hostile than a formal hearing, meditation sometimes results in innovative ideas.
Filing a complaint with the education department of your state is another choice. The state has to look into and render a judgment, which might require the institution to make repairs.
The Responsibility Of An Education Attorney
While parents sometimes believe they can manage advocacy alone, school districts have teams of professionals—including attorneys—who are well-versed in the system. A seasoned lawyer equalizes the playing field.
A lawyer can look over your child’s records to spot legal offenses, aid you in soliciting and gathering important evidence from the school, and guarantee independent evaluations. They can negotiate directly with the district on your behalf, therefore guaranteeing your needs are taken seriously. Should the case go to mediation, complaint, or hearing, they will provide a compelling legal argument.
An IEP And A 504 Plan
Occasionally schools will provide a 504 Plan in place of an IEP denial. For children with mild disabilities, a 504 Plan may be adequate; however, it does not include specialized instruction. A 504 Plan offers accommodations, such as preferential seating or extended test duration.
For students facing major learning or behavioral difficulties, though, a 504 Plan is usually insufficient. If the school provides this alternative, think about whether it fits your child’s demands. Even if a 504 Plan is implemented, you have the right to keep lobbying for an IEP.
Contact An Attorney Today
Receiving a denial of an IEP by a school might feel terrible, but it is not the end of the path. The law offers you several channels through which to dispute that judgment and guarantee your child’s necessities. Start by asking for the rejection in writing, then thoroughly examine the school’s assessment and, if needed, look for a separate assessment. Consider mediation or a state complaint, and do not hesitate to pursue a due process hearing if the district refuses to comply with its legal obligations.