by: Jean Murrell Adams, Esq
October 2025
October is spooky season—but the scariest monster may not be lurking in haunted houses. It might be hiding in your child’s school file: the Frankenstein IEP.
At ADAMS ESQ, we’ve been seeing more and more IEPs that look like stitched-together monsters—sloppy, confusing, and downright scary for parents trying to advocate for their child. Here are some of the most chilling features we’ve encountered:
🧩 Another child’s name (yes, really)
✂️ Cut-and-paste goals that don’t fit your child or are simply copied from year-to-year
📉 Missing academic data—no real baselines to track progress
📜 Outdated information that ignores or conceals current needs
🌫️ Fuzzy FAPE offers (Free Appropriate Public Education) with vague or missing services
These mistakes aren’t just sloppy—they can strip away your child’s legal right to make appropriate educational progress and weaken your ability to advocate for your child.
Why This Matters in Law (Not Just in Legend)
Parents must be able to understand and monitor their child’s IEP. In Union Sch. Dist. v. Smith, the 9th Circuit Court of Appeals (which includes California and Nevada) emphasized that an IEP’s written, formal, offers of placement and services aren’t optional—they’re essential to protect parental participation. Remember that the IDEA was enacted to protect parental participation in the enforcement of the IEP as well as in its formation.
As the 9th Circuit in M.C. v. Antelope Valley Union High Sch. Dist., warned:
“…parental participation doesn’t end when the parent signs the IEP. Parents must be able to use the IEP to monitor and enforce the services that their child is to receive. When a parent is unaware of the services offered to the student—and, therefore, can’t monitor how these services are provided—a FAPE has been denied.”
Translation: If the IEP is a confusing monster mash-up, parents can’t do their job in effectively advocating for their child—and the school has failed in its duty under federal and state laws.
What Parents Can Do:
- Read every page. Of course, folks are very busy and mistakes can happen. But if you repeatedly see another child’s name, outdated data, or goals that don’t match your child, speak up. This is a clue that your child’s IEP was hastily prepared—or worse—was written by a school staffer unfamiliar with IEP requirements. For example, we recently reviewed a “new” IEP that was actually just an outdated IEP sandwiched between a new coversheet and signature page!
- Document mistakes in writing. We recently reviewed an IEP for a child who required extensive speech services, yet his IEP only offered 25 minutes per year of group speech. Parents raised their concerns, but the school district refused to correct the IEP.
- Demand clarity. You are entitled to know exactly what services will be provided, how often, where they will take place (e.g. “push-in” to the general education classroom or “pull out” into a separate room) and by whom. You should also know whether services will be provided individually or in a small group and whether they will be “direct” services or merely “consultative”. Beware of “embedded” services that are supposed to be part of the class, as these are very hard to track and verify.
- Pay attention to percentages: Public school education is a Constitutional right. So, it’s important that the IEP clearly reflects the amount of time your child is in the general education classroom and the time they are pulled out for special education services and supports. Compare the Offer of FAPE-Service page to the Educational Setting page to ensure the percentage of time outside the regular classroom aligns with the service time.
- If your IEP says “DRAFT”—it’s just that. Demand a final version of your child’s signed IEP. Many parents only have draft versions which may mysteriously change once the “final” version is locked in.
Remember your power. The law is on your side. A monster IEP may be scary, but informed parents can be fierce!
This October, don’t let a Frankenstein IEP haunt your child’s education. If you suspect your child’s IEP has been stitched together without care, get help. The law requires clarity, accuracy, and honesty—not monsters. California and Nevada parents may visit our website and book an appointment for a free consultation and IEP review if you believe your child has a Frankenstein IEP.
