IEP & 504 Advocate: The District/School Is Not Following My Child’s IEP/504 Plan

NOTE: If you are interested in reading part 1 of the process, you can find that blog post here.

Part 2/Step 2

Part 2/Step 2 of the process is a bit more cumbersome. However, it is essential that the parent/guardian/and, in some cases, the student, continually document the lack of compliance. This includes, but is not limited to: emails to the school, district, and specific teachers; requesting additional IEP and 504 meetings to discuss the lack of compliance; and records of phone call with school/district personnel. Keeping a phone log is helpful. Documentation is necessary in order to file a complaint.

Here is where the two (2) processes diverge.

IEP Complaints

The IEP Complaint process is described in the Individuals with Disabilities Act (IDEA). Under the Procedural Safeguards section, there is a form for a 60-Day Complaint. Since it is a mandated procedure by IDEA, all state Departments of Education have the form and the specific procedures on their websites. A state representative is assigned to investigate the case, and a resolution must be presented within 60 calendar days. The complaint may lead to mediation or a Due Process Hearing.

During the timeline of the 60-Day Complaint a Mediation session, held with the district, parent, and a state mediator may be held in order to resolve the issue. The mediation session does not necessarily delay the complaint process. If the parties can agree on a plan of action, the complaint is withdrawn. If not, it continues or moves to Due Process.

504 Complaints

504 Complaints are filed through the Office of Civil Rights (OCR), the US Department of Education. There is no specific form to complete. Complainants may be filed through the OCR website: http://www.ed.gov/about/offices/list/ocr/complaint.html, by fax to: 202-453-6012, or, by writing your own letter. The letter must include the following information:

• Name, address, and telephone number of the party filing the request;
• The basis of the complaint/appeal (i.e. disability discrimination);
• Name of person(s) who has (have) been adversely affected by the discrimination and the nature of the adverse impact;
• Name and address of the discriminating agency/school;
• The approximate date of the discriminatory conduct;
• A brief description of the discriminatory conduct;
• Signature of the party filing the request.

If you are mailing a letter, it is a wise idea to send it as a Return Receipt Request (green card) from the Post Office. This way, you have proof that your complaint has been received.

About Susan Blumenreich

I am a retired Special Education Administrator, former Principal and Special Education Teacher. Now as a special education advocate, I help students and their families collaborate with school districts to get special education services. If you are looking for an IEP advocate or 504 advocate in the New Jersey, New York, Virginia, Washington DC, or Maryland area, I would love to connect with you.