What Happens to your Child’s IEP services when teachers go on strike?

Teachers and School Districts trying to work out contract disagreements.

In Massachusetts, when teachers go on strike, services for students with Individualized Education Programs (IEPs) can be disrupted. However, school districts are legally obligated to ensure that students with disabilities receive a free and appropriate public education (FAPE), as mandated by the Individuals with Disabilities Education Act (IDEA). Here's what typically happens and how services might be made up:

During the Strike:

1. Immediate Disruption:

   • IEP services, including specialized instruction, therapies, and accommodations, may be delayed or unavailable during the strike if staff are not working.

2. Administrative Responsibility:

   • School districts are responsible for finding alternative ways to deliver critical services during the strike. This may include:

     • Utilizing administrative staff or substitutes with appropriate qualifications.

     • Contracting with external providers for essential services like speech therapy or occupational therapy.

3. Parent Communication:

   • Districts often notify parents about the status of services and provide updates on the plan for addressing disruptions.

After the Strike:

1. Compensatory Services:

   • Once the strike is over, districts must review the impact of the disruption on each student's IEP goals and progress.

   • If a student missed IEP services, the district may be required to provide compensatory services to make up for the missed sessions. These are additional services provided outside the regular school schedule (e.g., after school, weekends, or during vacations).

2. IEP Team Meetings:

   • Parents can request an IEP team meeting to discuss the impact of the service disruption and determine the need for compensatory services.

   • The team will assess whether the missed services resulted in a regression or failure to progress toward IEP goals and decide on the appropriate amount and type of compensatory services.

3. Legal Recourse:

   • If parents feel the district is not adequately addressing missed services, they can file a complaint with the Massachusetts Department of Elementary and Secondary Education (DESE) or request mediation or a due process hearing.

Key Considerations for Parents:

• Document Missed Services: Track any missed services during the the strike,, including dates and types of services not delivered.

• Monitor Progress: Watch for any signs of regression or delays in achieving IEP goals.

• Communicate with the District: Stay in touch with school administrators to understand how the district plans to address the missed services.

The strike does not absolve a district of its legal obligations under IDEA, so ensuring that services are made up is a priority once normal operations resume. If you're unsure, please feel free to contact Ask the Advocate, and we can help.