Who’s responsible for making sure a student has access to an accommodation? What do you do as a parent if teachers are inconsistently implementing the accommodations that are already in place in the IEP? We spoke to attorneys, special education advocates, and other experts for their advice.
One of the first things to be aware of is that your child’s accommodations are written in their IEP as clearly as possible. You can review the accommodations section of your child’s IEP so you have a better idea of how the teacher is and is not implementing them. Make sure to document and take notes on which accommodations aren’t being provided.
Dr. Sarah Pelangka, special education advocate and owner of KnowIEPs explains, “What's really important with accommodations is to ensure that they're written as clearly as possible. We often see visual supports, least to most prompting. They're very broad and vague. And again, to be fair, as a Gen Ed teacher, it's like, well am I supposed to do this for any and everything? Am I supposed to do this all the time, like when? And again, I think having that clarity can really also help the teacher better understand when and how to implement the accommodation.”
Some accommodations can be harder to track since they don’t always come with documentation for you to review. Undivided Education Advocate Lisa Carey recommends having direct conversations with your child’s teachers and service providers. Ask specific questions and discuss any aspects of your child’s IEP that aren’t being followed. Why aren’t they being implemented? What steps can be taken to ensure they are moving forward? An informal meeting can be a great way to open up dialogue and work toward a solution.
For example, if your child has sensory breaks written into their IEP, you can ask their teacher, “How are their breaks going?” or “How do you know when my child needs a break?” You could also ask, “Is my child asking for breaks, or is someone else asking on their behalf?” Asking prompting questions can give you a good idea of what is going on and alert you to any red flags, such as the teacher being unable to answer your questions.
By opening a dialogue with your child’s teacher about specific details of their IEP, you may find that some provisions are working better than others. For example, if the teacher is following the provision that your child be given preferential seating and has seen reduced engagement, that gives you and the IEP team essential feedback that can help you refine the IEP for better outcomes. However, it’s crucial to remember that the school is legally required to follow every aspect of the IEP and cannot make any changes to its implementation without your consent.
While checking in with teachers is an important step in this process, you can also move up the chain of command and communicate with your child’s case manager and ask if they are having conversations with the teachers and ensuring that accommodations are being provided, and how.
As Dr. Pelangka explains, “I always hold the case manager accountable too. How was this communicated to my child's teacher? Have you gone in and reviewed this page with them? Have you given examples of how these accommodations can and should be implemented and when and where? Affording the teacher opportunities to ask those questions, to practice, or to reach out to you. The case manager is still supposed to be, particularly when your child is primarily in gen ed classes, they're still responsible for ensuring the IEP is being implemented… We have to hold that relationship accountable in making sure that it’s happening, and it’s even harder when you get to middle school and high school because that’s six or more teachers, not just one, and so really making sure you’re checking in and asking what are those conversations looking like? How is it going? Do my child’s teacher’s understand when and where and how these accommodations should be happening?”
Here is a sample letter written by an Undivided advocate you can use to write your request for an IEP meeting. It's also a good idea to record the IEP meeting so that you have a thorough record, especially if the notes turn out to be insufficient for an attorney's review. To do this, you'll need to provide written notice to the case carrier at least 24 hours before the meeting — email works fine for this. The district will also record the meeting. Using a transcription service like Otter.ai can be helpful since it automatically creates a written record.
If something doesn’t sit right with you during the IEP meeting, ask the district's note-taker to include it in the meeting narrative. This ensures it’s documented as part of the IEP.
As you move through this process, always remember to get everything in writing, whether it’s an email, letter, phone call, IEP meeting, etc. Dina C. Kaplan, a special education attorney at Vanaman German LLP, advises parents to “document, document, document” as “it is a very evidence-based system.”
For example, after speaking with a teacher, district administrator, or case manager on the phone, it’s important to follow up with an email to confirm the details of your conversation. In the email, summarize your understanding of what was discussed, including any agreements or disagreements that were reached. Chris Arroyo, Los Angeles regional office manager for the California State Council for Developmental Disabilities, recommends ending your letter or email with a sentence along the lines of: “If anything in this email/letter is missing or incorrect, please let me know in a reasonable amount of time.” In most cases, emails are sufficient, and you can request a “read receipt” to confirm that your message was read. Alternatively, you can send a letter via certified mail or hand-deliver it to the school or district office, asking the receptionist for a receipt. (Here's a sample letter that shows how to document conversations with the staff, which may be helpful to review during the next IEP meeting.)
If you are calling for an informal meeting, or a formal IEP meeting, Arroyo suggests writing letters or emails before, during, and after the meeting: “Write a letter beforehand, stating that you have some concerns and listing the reasons, as well as stating the things you’re going to be asking for at the IEP. At the IEP, if you don’t receive a yes or no, be persistent and state that you didn't understand the response. ‘Was that a yes to my request, or a no to my request?’ I always recommend audio-recording the meeting so that there's a record of what was discussed. After the meeting, you can write another letter that memorializes what occurred at the meeting.”
Remember, providing necessary accommodations is part of a school’s obligation to offer FAPE (free, appropriate public education). A school can’t tell a parent that they can’t provide a specific accommodation as they are “legally required to find the right person” who can deliver the support a student needs.
As outlined in our article on parental participation and procedural safeguards, the law offers several ways for parents to resolve disputes, including mediation, a resolution session, due process hearings, or filing a state complaint. If the informal meeting with teachers, and a formal IEP meeting didn’t resulting in an agreement between you and the IEP team, you have the right to resolve disputes with the IEP team through mediation, a resolution session, due process hearings, alternative dispute resolution (ADR), or by filing a complaint with the state. For more on this, read about what to do if your IEP isn’t being followed.
You might also consider enlisting the support of Undivided, a special education attorney, or an advocate if you feel you need support understanding your rights or navigating the system.
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