What Is an IEP Violation? | Education Attorney

educationattor... -- The Individuals with Disabilities Education Act (IDEA) is a federal law that was passed in 1990 to protect children with disabilities. The IDEA requires schools to do the following:
Identify and evaluate any child they suspect has a disability
Provide services to help the child in their academic development
Provide for parents’ involvement in their child’s education
Ensure that all children have access to a free appropriate public education
Avoid discrimination based on disability
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The Act also mandates that schools develop a special education plan called an Individualized Education Program (IEP) for every student with a disability. An IEP must be a written document that identifies the child’s unique needs and creates a plan of action for facilitating the child’s learning. An IEP violation occurs when a school fails to meet its obligations under the IEP.
What happens if a school doesn’t follow an IEP?
If a school doesn’t follow an IEP, it has violated the IDEA, and the student’s parents may be able to pursue a lawsuit or other legal action against the school.
Since IEPs are considered legally binding contracts between the school district and the child’s parent(s), a school violates the law if it does not provide the child with the educational services required by the IEP. If the school is out of compliance with the child’s IEP, it may be required to offer additional services to the student to make up for the lost services. Schools can also be ordered to pay the child’s legal fees.
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