Is It Against the Law to Not Follow IEP? | Education Attorney

educationattor... -- An Individualized Education Program (IEP) is a written document that outlines the educational plan for an individual student with special needs. It may be developed at any point during the school year, but it should be reviewed annually and revised as needed. An IEP helps to ensure that each child’s unique strengths are identified and addressed while their areas of need are also considered.
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What Are the Legal Requirements of an IEP?
By law, an IEP must include specific information about the child and the educational program that has been designed to meet their unique needs. An IEP must detail:
-- The child’s present levels of academic achievement and functional performance
-- The child’s measurable annual goals
-- How the child’s progress toward meeting annual goals will be measured and when periodic progress reports will be provided
-- The services and the program modifications to be provided for the child
-- The extent to which the child will participate in school activities with nondisabled children
-- Accommodations for the child on state and district-wide assessments
-- The projected date for the beginning of the services and modifications
-- The anticipated frequency, location, and duration of services and modifications
-- Postsecondary goals and the transition services
What Is an IEP Violation?
An IEP violation occurs when a school fails to provide the services agreed upon within the IEP. If a child has a disability, their local school district is legally obligated to create an IEP that includes its offer of a Free and Appropriate Public Education (FAPE).
Because an IEP is a legally binding contract for services between the school district and the child’s parent(s), if the district does not provide the child with the services agreed to in the IEP, it has violated the law. If a district is determined to be out of compliance with an IEP, they may be required to pay the student’s legal fees and provide additional services to the child to compensate for the lost services.
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