Legal Question in Education Law in Missouri

Not honoring IEP for ADHD child

My 9 year old son had an IEP written for him 4 weeks ago. He is ADHD-other health impaired. It stated that he was to meet with a resource teacher 1 hour in the morning, and 10 minutes in the afternoon to help him mainly with organizational skills and staying on task. Since the IEP writing, he has not seen her but a couple times a week. Last week he was even sent down there, and he waited and no one ever showed up. Someone finally came in and told him to go back to the classroom. Once the IEP is written, they have to comply with it, is this not true? I have a son with autism also and they've always done a good job complying with a much more complicated IEP.Am I correct to insist that if their resource teacher can't handle her responsibilities, they should do what they have to do to uphold my son's IEP. He is actually getting worse since this all started. He barely even qualifies for a dx of ADHD and these small interventions could make the difference if they uphold it. Do I have the right to demand that he be seen every day as written in his IEP and how long do they have to comply?


Asked on 11/07/06, 10:17 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Not honoring IEP for ADHD child

Compliance with an IEP is not optional for the school district. If the district has agreed to these interventions and fails to comply with them, you have a right to file a complaint with the office of Civil Rights.

I would send a certified letter to the Superintendent's office denoting the fact that the IEP is not being followed and setting out your desire to see strict compliance, with a report of that compliance documented and sent to you at the close of every week. Upon their failure to do so, you should seek professional legal assistance to force the district to comply.

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Answered on 11/07/06, 10:32 am


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