bschinagle

Aug 20, 20211 min

My IEP kid had a crappy teacher. Do I have rights?

Parents whose children with Individualized Education Programs (IEPs) have protections under the Individuals with Disabilities in Education Act (IDEA). The IEP is a very important document. It has been called the "centerpiece" of the IDEA and it is supposed to provide a "road map" for the year. Parents have a right to be involved in the development of the IEP, to express doubts and concerns and to voice objections.

But what if your child just gets an ineffective teacher? Do you have any rights? In all likelihood, the answer is no, except if the teacher is failing to follow the IEP, which is called a failure to implement the IEP. Let's say the management needs of the IEP says that the child is supposed to sit in the front of the room and the child tells you, or you observe, that that isn't being done. That's an implementation failure. But then you have to figure out what you want as relief and that's going to be difficult to do without support of an expert who can explain what the child lost as a result and what is needed to make up for the loss. The stronger argument is that the IEP was not sufficient in the first place.

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