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Consistently Not Implementing Accommodations

TN Mom



For the past three school sessions there have been repeated incidences of our student's accommodations not being automatically implemented/followed. This has typically resulted in an email being sent to the varied instructors and if necessary, a follow up email being sent to the Case Manager requesting intervention. At some time during the first year, I requested that a process be implemented through the learning platform that would automatically trigger implementation. No one could figure out a way. This year, I asked that a simple Google document be built and attached to the learning platform that when completed, would automatically send the email to the instructor requesting that the accommodation be implemented. I understand that the option is to file complaints with the state Department of Education, however I simply wanted to make this as painless as possible. (We have successfully filed against the district before)

Rather surprisingly, the suggestion was met with opposition, a nonsensical "we don't understand what you're asking", and other ridiculous comments. One such comment lead to my reminding the LEA that I, too, am a member of the IEP team.

What, short of a state complaint, would be a workable solution

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When an IEP or 504 isn't being followed, there are only a few options available.  First, I want to say that it is part of the teacher's job responsibilities to follow IEPs & 504s just like it's their responsibility to teach the state standards, arrive on time, be dressed appropriately, etc.

The 1st thing a parent can do is remind the child's team.  Email would be a good way to do this.  To all of XX's teachers-  My son has an IEP and the IEP has him getting the accommodation of XXX everytime there is an assignment that includes YYY.  XX has mentioned to me that his teachers have not been consistent with providing XXX when he needs it.  My ask is simple:  Please follow my son's IEP.  Thank you for your continued cooperation with this,

The 2nd thing that can be done is to move up the chain of command.  That can also be done with an email.  Dear Principal-  As part of my son, XX, IEP, he has an accommodation of XXX.  His teachers are not consistently providing him with XXX.  Last week, he had a social studies assignment where XXX should have been done and it didn't happen.  (You might want to add 'as a result, the assignment was late and he lost points' or what happened because the IEP wasn't followed.)  2 weeks ago, the same thing happened in science.  His English teacher consistently follow the IEP and XX has A's and B's in their class.  I emailed his teachers to remind them what accommodations XX should be getting when an assignment includes YYY.  I'm at a loss as to what else I can do to get his teachers to follow the IEP.  Please let me know what follow-up is needed from me.  Thanks,  (The case manager should also be included in email like this.)

If this doesn't get things to change, you can send a similar email to the sp ed supervisor, director of pupil services, director of elementary (or secondary) ed, asst superintendent, superintendent, or lastly, the school board.

Beyond that, with accommodations not being followed, you can file a complaint with the sp ed dept in your state or with the Office of Civil Rights at the federal level.  (OCR would be the only option outside of the school district with a 504 plan.)

How the teachers in his school deal with remembering to provide him with accommodation XXX is on the school to figure out.  Your child isn't the only one in this district with accommodations and there should be a way for all teachers to be consistently following all IEPs - not just your child's.  In all honesty, I'm not sure what you want the school to do beyond accommodate your child with what the IEP says to do.  These are professionals and they should be able to figure out how to follow an IEP every time they need to.

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