Special education can be a complex matter. Legislation which directs school and school district practice is sometimes vague, and open to a variety of interpretations. School systems are under a lot of financial stress and pressure to achieve high performance rates, and at times may be resistant to cooperate with families regarding special education concerns.

This does not mean that students protected by special education laws do not have the right to pursue an education that meets their needs. Parents are encouraged to be an active participant in determining how their child’s needs are met by the school.

Following are common problems relating to Special Education services:

The school refuses to evaluate for special education eligibility a student who is having difficulties in school.

This is a clear violation of IDEA '04, which specifically says that a school has 90 school days to complete special education testing (MET) and schedule an IEPT meeting after a formal request is made (in Michigan). If the school refuses testing, they are committing an illegal act. A parent will need to file an Intermediate School District complaint or an Office for Civil Rights complaint.
QuickGuide to Filing Complaints
Sample Complaint to Intermediate School District
Sample Complaint to Office for Civil Rights

After testing is completed and the student is found to have a special need or disability, the school continues does not take steps to designing an educational plan for the student based on his/her needs.

Again, IDEA ’04 specifically states that a school has 90 days in which to complete special education testing (MET) and schedule an IEPT meeting after a formal request is made (in Michigan). It is important for the parent(s) and/or advocate(s) to pursue setting an IEPT date by contacting the special education director. If the school does not take action, the parent may need to file an Intermediate School District complaint or an Office for Civil Rights complaint.
QuickGuide to Filing Complaints
Sample Complaint to Intermediate School District
Sample Complaint to Office for Civil Rights

The school fails to implement the Individual Education Plan.

If an IEP has been developed and signed by the school and parent, and the staff is not following the plan, the school is in violation of IDEA ’04. In some cases, the school may try to avoid the issue. For example, they might say “your child just doesn't’t want to do the work” or “we don’t have the resources,” though this is not a valid excuse not to follow an IEP. An IEP is a legally binding contract, and schools which are not following IEP’s are out of compliance with federal legislation.

First, the parent(s) or advocate(s) should contact the special education director with these concerns. If the school continues to neglect the IEP, the parent will need to file an Intermediate School District complaint or an Office for Civil Rights complaint.
QuickGuide to Filing Complaints
Sample Complaint to Intermediate School District
Sample Complaint to Office for Civil Rights

A child hasn't had a new IEPT in over a year.

An IEP is written to accommodate yearly goals and objectives, an IEPT meeting should be held at least annually to evaluate the student’s progress. However an IEPT meeting can be requested at any time, if a parent or educator feels the plan is not meeting the child’s needs. The parent can request in writing that a new IEPT be held to draft a new IEP, or a parent or school staff member can request a staffing meeting or conference, which is a less formal meeting than an IEPT meeting.
Sample Letter to Request a New IEP

A parent feels the child’s IEP is not adequate.

A parent can request in writing that a new IEPT be put together to review their child’s IEP at any time.
Sample Letter to Request a New IEP

The school’s evaluation does not show the student is eligible for special education certification, but the parent feels strongly that their child has additional needs.

A parent can request that an Independent Educational Evaluation (IEE) be done. This testing is done by an impartial evaluator outside the school.
Sample Letter to Request an Independent Educational Evaluation

The school is required by IDEA ’04 to pay for an independent evaluation, and the parent selects the evaluator. If the school fails to comply with a request the parent will need to file an Intermediate School District complaint or an Office for Civil Rights complaint.

QuickGuide to Filing Complaints
Sample Complaint to Intermediate School District
Sample Complaint to Office for Civil Rights

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