Now that you have initiated your IEP and you understand the IEP creation process, what happens if something doesn’t go as expected? You have multiple options for addressing your concerns informally and formally. The best place to start is by connecting with your IEP team to set up a meeting to discuss your perceptions, provide feedback, and generate a plan of action.
If your child does not qualify for an IEP, you still have options. Reach out to your school team to discuss the 504 plan, which has less strict requirements than the IEP and is a perfect match for many students, so that they have better academic opportunities.
Read more to review your options in more detail!
If you feel your child’s IEP is not being followed or is not being followed fully, you can work with your IEP team to find a solution.
As you’ve learned in our previous posts, you can call a meeting with your IEP team at any time. You do not have to wait until the yearly review to discuss your concerns. If your team is unable to reach resolution, you can reach out to your school district. Many schools have a Special Education Director or similar contact who is familiar with navigating these circumstances.
You can request mediation.
A mediation adds a neutral party to the discuss who serves to help both sides of the conflict reach a mutual conclusion. This is particularly helpful if you and your IEP team are struggling to communicate and work together. A mediation is also free and confidential, so you do not have to bear additional burden to support your child’s academic success.
You can request a due process hearing.
If the mediator and IEP team is not reaching an amicable solution that supports your child’s needs and leaves you feeling confident, a due process hearing is a more formal step. Because this is a more serious and legal process, it’s ideal to speak with a trusted advocate or attorney prior to filing your formal compliant, so that you fully understand your rights, the process, and potential outcomes of the hearing.
If the due process hearing still leaves you dissatisfied and worried about your child’s academic success, you can open a lawsuit.
A lawsuit is a much more serious step than the due process hearing. The lawsuit also requires a lawyer, so it’s best to speak with a trusted advocate to weigh your options and the pros and cons of any action.
Finally, you can file a complaint with the State or Department of Justice.
If you feel your child’s civil rights are still being violated, you can file a complaint with the state or the U.S. Department of Justice through the Office of Civil Rights. Your legal team who has walked you through the above will be the best point of contact to understand this step and the potential outcomes.
If your child does not qualify for an IEP, they might still have additional options to help support their academic career, such as the 504.
There are a few key differences between the IEP and the 504. 504 plans do not alter core curriculum, but can still help remove barriers for your child. While IEPs require a diagnosis and other criteria, 504 plans are more broad, benefiting students with a wider variety of disabilities that limit their academic performance. Additionally, IEPs require progress reporting, and 504s do not require measurable goals.
504 plans can still allow your child to access things like:
- Extended time for tests and assignments,
- Preferred seating,
- Quiet testing spaces,
- Additional breaks,
- Assistive equipment, and more!
If your child does not qualify for the IEP, reach out to your academic team to explore if the 504 plan is a better option for your child.
You have key contacts depending on the state you reside in.
Massachusetts
You can access the Massachusetts Advocates for Children (MAC) at 617-357-8431 via call or text at 617-874-5354. Visit their website to access more resources, schedule an appointment, and more.
New Hampshire
New Hampshire does not have a single state-led support for Special Education. You can connect with several organizations and support centers to get free support and resources:
- Parent Information Center (PIC): 603-224-7005
- Disability Rights Center: New Hampshire (DRCNH): 603-228-0432 or toll free at 800-834-1721
- NH Bureau of Special Education Support (BES): 603-271-3741 or SpecialEducation@DOE.NH.Gov
New York City
Contact the NYC Special Education Hotline at 718-935-2007 or 311. For broader needs, you can contact New York State’s Department of Special Education at 518-473-2878 or SpecEd@NYSEd.Gov. Email the NYC Special Education team at SpecialEducation@Schools.NYC.Gov or find the Parent Advocacy Support team at 212-677-4660.
Rhode Island
The Special Education Call Center is available via hotline at 401-222-8999 or 1-800-745-5555 for TTY/TTD. You can also email RIDECallCenter@RIDE.RI.Gov or SpecialEducation@RIDE.RI.Gov. Access the Rhode Island Department of Education Special Education portal here.
Vermont
Reach the Special Education Team at the Vermont Agency of Education by calling 802-828-1256 or email AOE.SpecialEd@Vermont.Gov. You can receive free support about the IEP by contacting the Vermont Family Network at 802-876-5315.
As you think about the approaching school year, ACP is here to support you. If you have a center team with ACP, talk to your support system about your child’s progress and readiness for school. They might be able to help support you through the process of creating an IEP if you’re not there yet. They might also have guidance for considering if your child is ready for school if they have communication or motor challenges.
If you have found this article because you have concerns about your child’s school readiness but they don’t have the formal diagnosis for an IEP, you can connect with ACP to see if a Diagnostic Assessment would benefit your child. Read about how a Diagnostic can impact your child in school and beyond on our blog!
Unsure where to start? Contact our compassionate team today to discuss your concerns or questions. You can reach us at 800-679-3609 or Welcome@AutismCarePartners.com!
