What can I do if my school is not following my disabled child’s IEP or section 504 Plan?

 

  • If you are the parent of a disabled child and the school is not following the IEP or Section 504 Plan, there are several steps you can take to rectify the situation.
  • The first step is an IEP or Section 504 Plan meeting, and you can have as many of these as you deem necessary. You must notify, in writing or via email, all people involved: the school administrator and the child study team.
  • If that meeting is not successful, you are legally entitled to “due process”: you can file with the state Department of Education, which will result either in settlement via mediation or settlement, or lead to an actual court trial.
  • The court will enforce the IEP or Section 504 contract, which will require the district to do what it’s supposed to do, and you may be reimbursed for costs you’ve needed to incur.