What options are available if a school district is not implementing your child's IEP? Some parents find themselves in the unfortunate situation of having fought for their child's educational rights and obtained appropriate services for their child, only to have the school subsequently fail to implement those services.
If a teacher is not appropriately credentialed or qualified to be educating children with unique needs it can lead to a subsequent denial of a student's access to a Free and Appropriate Public Education (FAPE).
According to federal courts, in resolving the question of whether or not a school district has offered particular student a Free and Appropriate Public Education (FAPE), the focus is on the adequacy of the school district's proposed program. A school district is not required to place a student in a program preferred by a parent, even if that program will result in greater educational benefit to the student. (See Gregory K. v. Longview School District, 811 F.2d 1307, 1314 (9th Cir. 1987)).
A California school district faced allegations that it discriminated against students in its special day classes when it reportedly failed to invite them to participate in field trips. San Ramon USD, 114 LRP 7220 (SEA CA 11/25/13)
An inadequate assessment may result in an IDEA violation if the procedural inadequacy impedes the student's right to a FAPE. Capistrano USD, 64 IDELR 55 (SEA CA 2013).
A child's unique needs can manifest themselves in multiple different varieties. One specific child may have difficulty maintaining attention while in class, which can subsequently affect his/her academic progress, and create a need for special education services. Another child may have difficulty with auditory processing, which may be affecting his/her ability to understand teacher instruction or directives, and subsequently create a need for special education support. Another child may have difficulty interacting with peers, or be exhibiting signs of depression in school, which can subsequently affect his/her ability to progress with regard to their social emotional present level of performance, and also create a need for special education services.