Violations of FAPE

Examples of IDEA Violations — Source: Families As Allies 

Child Find Violation: District refuses/fails to evaluate a child who is suspected of having a disability (e.g., school personnel are aware that the child has a mental health diagnosis and receives mental health services, yet suspends/expels that child for behavior rather than evaluating them for a suspected disability under IDEA OR parent has repeatedly requested an evaluation but been ignored).

Failure to provide a Free and Appropriate Public Education (FAPE): District fails to meet the unique needs of each child.

Inadequate Individualized Education Program (IEP): The IEP is not designed to help the child make meaningful educational progress. Progress is the cornerstone of FAPE.

Failure to hold an IEP meeting when the child is not making appropriate progressInappropriate or inadequate placement decisions: Placement must be based on a child’s needs. It cannot be based on cost and/or availability.

Use of predetermined placements: Placements must be based upon the goals of the IEP, not where the district always sends children with a particular diagnosis or disability.

Changing placement without changing the IEP: The District must show that it has made every effort to educate children in their Least Restrictive Environment (LRE) before changing to a more restrictive environment.

District refusal of a parental written request (e.g., a parent sends a letter requesting appropriate services for a child and gives the district 7 days to respond but gets no response).

District fails to respond to requests for Independent Education Evaluation (IEE): Parents have the right to ask for an IEE at public expense, but it is not always provided when they do.

Procedural violations: Denial of parents’ right to participate.

No or inadequate Behavioral Intervention Plan (BIP) for students who need them. Child with behavioral challenges does not have BIP or the behavioral supports in the BIP are inadequate/inappropriate and do not meet the needs of the child (e.g., the child is constantly suspended for behavior).

Predetermining outcomes of Manifestation Determination Review (MDR) meetings: Parents are to have input during the MDR meeting.


Filing a Complaint

If any of the above violations occurred in the last year, you can file a Formal State Complaint and an Office of Civil Rights (OCR) Complaint.

For further assistance,  contact DRMS.

Call us at 601-968-0600.