IEPs are Contracts

IEPs are the responsibility of the school to implement from day one of the school year.

Teachers must have access to the IEPs, be informed of what is actually in the IEP, and be informed of their responsibilities related the the IEPs.

If you run into issues with the date of implementation and implementation by teachers, you'll want to look at:

§ 300.323 When IEPs must be in effect:

At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in § 300.320.

§ 300.323(c) Each public agency must ensure that -

As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child's IEP.

§ 300.323(d) Each public agency must ensure that -

(1) The child's IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation; and

(2) Each teacher and provider described in paragraph (d)(1) of this section is informed of -

(i) His or her specific responsibilities related to implementing the child's IEP; and

(ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

When you look at your state's laws, the wording might be a little different. In Virginia, 8VAC20-81-110.B.2.d states:

Each local educational agency shall ensure that an IEP:

Is implemented as soon as possible following parental consent to the IEP.

8VAC20-81-110.B.3 states:

Each local educational agency shall ensure that: (34 CFR 300.323(d))

a. The child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation; and

b. Teachers and providers are informed of:

(1) Their specific responsibilities related to implementing the child's IEP; and

(2) The specific accommodations, modifications, and supports that shall be provided for the child in accordance with the IEP.

"But He Didn't Ask for His Accommodation"

If I had a penny for every time I've heard this . . .

It is not the responsibility of the child to ask for an accommodation.

Depending on the child, he or she might not be able to ask for the accommodation and/or might not have a full understanding of what the accommodation is.

In addition, the child might struggle with advocacy and/or self-confidence.

As children hit the older grades in elementary school, they are more aware of peer pressure and peer judgement. While there are some kids who will own everything, many others won't.

When the teacher gives your son a test, he might not say that he's supposed to take it in a small room/quiet environment and that he has extended time for testing. He might just do whatever he can and turn it in unfinished, because he doesn't want to stand out.

He'll need to work on his advocacy skills, but that doesn't change the fact that it isn't his responsibility to implement the IEP.

In addition, he and so many other children might not ever be in a place where they can advocate for themselves.

300.323(c)(2) is your go to for this:

Each public agency must ensure that -

As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child's IEP.

In Virginia, 8VAC20-81-110.B.6 states:

Each local educational agency shall provide special education and related services to a child with a disability in accordance with the child's IEP.

"Can We do it a Different Way?"

IEPs are non-negotiable.

Let's say you child has a planner accommodation to help with executive functioning and/or auditory memory struggles.

Let's say, too, your child's teacher has a hard time remembering to implement the accommodation.

If the accommodation requires your child to write information in his planner (which provides organization and writing practice) and then discuss the information with the teacher (this works on recall, memory) to ensure he fully understands it—and then requires the teacher to initial that day's entry—the teacher can't take his planner, fill out everything in it a month in advance and sign off on every entry a month in advance.

Your child has an accommodation for a reason. Doing it a different way doesn't help your child.

300.323(c)(2) and 8VAC20-81-110.B.6 help here, too.