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When the IEP is not being implemented

By the IEP Atlas editorial teamLast updated

Short answer

If your child's IEP is not being followed, start by writing down what was missed and when, then talk with the teacher and the case manager. If that does not fix it, ask for an IEP meeting in writing. IDEA also gives formal options: a state complaint, mediation or due process. A state complaint is the option most often used for missed services.

Once an IEP is in place, the school must provide the services and supports in it. Each teacher and provider who works with your child must be able to see the IEP and must be told what they are responsible for, including specific accommodations.[1] When that does not happen, your child is not getting the plan the team agreed on.

Most problems are fixed with a conversation. Some need more. This page walks through the steps from least formal to most formal. It is general information, not advice on any one situation. For a full list of your rights, see the guide on special education rights.

What "not implemented" can look like

  • Missed services. Speech was written as 30 minutes a week, and your child has had 3 sessions since September.
  • Accommodations not used. The IEP says tests are read aloud, but your child took a test without it.
  • A teacher who has not seen the IEP. A new teacher or a substitute does not know about the plan.
  • Goals not worked on. Progress reports say "no data" or nothing about a goal.
  • A behavior plan not followed. Your child is removed from class instead of using the steps in the plan.
  • Placement not as written. The IEP says time in general education, and your child spends that time somewhere else.

Write it down first

Keep a simple log. Dates and facts carry more weight than memories. Here is a made-up example.

DateWhat the IEP saysWhat happenedHow you know
Oct 3Tests read aloudScience test given without read-aloud; score 45%Child told me; test came home
Oct 10Speech 30 minutes weeklyNo session this weekSpeech log shows no entry
Oct 17Speech 30 minutes weeklyNo session this weekEmail from speech therapist: "out sick"
Oct 20Notes from board copied for childNotes not given; child missed homeworkTeacher email

What the notes say: The log lists the IEP item, what happened, and how the parent knows. It sticks to facts. It does not guess why. Two missed speech sessions in a row and a test without the accommodation are clear, specific problems the school can act on.

Ask the school for its own records too. Many schools keep a service log for each session. You have the right to look at your child's education records.[2]

Step 1: Talk to the teacher or provider

Start with the person closest to the problem. Keep it short and friendly. Many problems come from a teacher not knowing the IEP, or a provider being out.

Step 2: Contact the case manager

If the problem continues, or involves more than one teacher, write to the case manager. That is the person who coordinates your child's IEP. Ask what happened, how it will be fixed, and how missed services will be made up.

Step 3: Ask for an IEP meeting

If things do not change, ask for a meeting in writing. The team can look at why the plan is not working and decide how to fix it. The team can also discuss making up missed services. Bring your log.

Formal options under IDEA

If talking does not work, IDEA gives you formal options. Each has its own rules.

OptionWhat it isTime limits in federal rules
State complaintA written complaint to your state education agency that the school broke a special education ruleMust be filed within 1 year of the problem. The state usually has 60 days to decide.[5][4]
MediationA meeting with a neutral person to help you and the school reach an agreementVoluntary for both sides; no set filing deadline[6]
Due process complaintA formal hearing before a hearing officerGenerally within 2 years, unless your state sets a different limit[7]

Many parents use a state complaint for missed services and accommodations, because it is about whether the school followed the IEP. When a state finds that a school did not provide services, it must address how to fix it, which can include compensatory services or money for the child's services, plus steps for the future.[3] For more on the other two options, see mediation vs due process.

Each state runs its own complaint process. Forms, where to send them and some steps differ. Your state education agency website will have the details. A state complaint must include certain facts, such as the child's name, school, and a description of the problem.[5]

Questions to ask the team

You can say these word for word.

  1. "Has every teacher and provider seen my child's IEP?"
  2. "Who is responsible for making sure the accommodations are used in each class?"
  3. "Can I see the service log for my child's speech sessions since September?"
  4. "How will the missed sessions be made up, and by when?"
  5. "What happens when a provider is absent? Is there a backup?"
  6. "Can we set a check-in in 4 weeks to see if things have improved?"
  7. "Can you put the plan to fix this in writing?"

What to do next

  1. Start a log today, using the table above as a model.
  2. Talk to the teacher, then the case manager, and keep copies of every email.
  3. Ask for an IEP meeting in writing if the problem continues.
  4. Read the procedural safeguards notice the school gave you. It explains your formal options.
  5. For free help, contact your state's Parent Training and Information Center. They can explain your state's complaint process and help you plan what to say. You can find yours through the Center for Parent Information and Resources.[8]

For a related question, see what FAPE means. Following the IEP is part of what a free appropriate public education requires. Rules vary by state, and a parent advocate or attorney can advise on a specific situation.

Frequently asked questions

What can I do if a teacher is not following the IEP?

Write down what happened and when, then talk to the teacher. If it continues, contact the case manager and ask for an IEP meeting in writing. If the problem still is not fixed, you can file a state complaint or use mediation or due process.

Can my child get missed services made up?

Often, yes. The IEP team can agree to make up sessions. If a state complaint finds services were not provided, the state must address how to fix it, which can include compensatory services.

How long do I have to file a state complaint?

Federal rules say a state complaint must be about a problem that happened no more than 1 year before the state receives it. Check your state's process for forms and other details.

Use it in IEP Atlas

Sources

  1. 34 CFR §300.323: When IEPs must be in effect, U.S. Department of Education (IDEA website)
  2. 34 CFR §300.501: Opportunity to examine records; parent participation in meetings, U.S. Department of Education (IDEA website)
  3. 34 CFR §300.151: Adoption of State complaint procedures, U.S. Department of Education (IDEA website)
  4. 34 CFR §300.152: Minimum State complaint procedures, U.S. Department of Education (IDEA website)
  5. 34 CFR §300.153: Filing a complaint, U.S. Department of Education (IDEA website)
  6. 34 CFR §300.506: Mediation, U.S. Department of Education (IDEA website)
  7. 34 CFR §300.507: Filing a due process complaint, U.S. Department of Education (IDEA website)
  8. Center for Parent Information and Resources, CPIR

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.

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