What can you do if your child’s school does not have an IEP team?

On Behalf of | Dec 28, 2024 | Special Education Law

In Florida, children with disabilities have the right to receive a free appropriate public education. This right is enforceable under the Individuals with Disabilities Education Act (IDEA). 

An essential part of this process is the creation of an Individualized Education Program (IEP) through an IEP team. If your child’s school does not have an IEP team, it is important to take steps to meet your child’s educational needs.

What is an IEP team?

Florida schools must establish IEP teams for students who qualify for special education services. An IEP team typically includes the child’s parents, teachers, a school district representative and other professionals who can contribute to the plan. If a school lacks an IEP team, parents can request a formal meeting with school administrators to address this issue. Bring documentation, such as medical or psychological evaluations, that supports your child’s need for an IEP.

How can you request an IEP team?

Parents can submit a written request to the school district’s special education office. This request should explain the child’s needs and ask to convene an IEP team. Under IDEA, the school must respond within a reasonable timeframe to evaluate the child and determine eligibility for an IEP.

If the school or district delays or refuses to take action, parents can file a complaint with the Florida Department of Education (FLDOE). The FLDOE oversees special education compliance and will investigate your concerns. You should include detailed information about the situation when filing a complaint, including any communications with the school.

Are there alternatives to requesting an IEP team?

Some parents may wish to explore alternative education options if the issue persists. Florida’s school choice programs, such as the McKay Scholarship for Students with Disabilities, may provide funding for private school enrollment or other educational services.

As a parent, you play a critical role in advocating for your child’s education. Understanding the steps to take when a school does not provide an IEP team ensures that your child with disabilities will receive the support they need.

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