What to Do When the School Isn't Following Your Child's IEP

An Individualized Education Program (IEP) is not just a plan—it’s a legal contract under the Individuals with Disabilities Education Act (IDEA). The school district is required by federal law to deliver every service, accommodation, and support exactly as written. Yet, many parents discover—sometimes by accident—that their child’s IEP is not being fully implemented. This can be especially distressing if your child’s disability means missed services have an immediate impact, such as increased anxiety, regression in skills, or behavioral changes.

Let’s break down, in detail, what you can do, what to watch out for, and how to advocate for your child with confidence.

Step 1: Document Everything—With Precision

Why Documentation Matters:
Schools are required to follow the IEP, but enforcement depends on evidence. Vague complaints rarely lead to change. The more specific and organized your documentation, the stronger your position.

How to Document:

• Review the IEP Line by Line: Identify the exact service, accommodation, or goal that’s not being met. For example, if your child with ADHD is supposed to have movement breaks every 30 minutes but isn’t, note this.

• Create a Daily Log: For each day, record what was supposed to happen and what actually occurred. Include times, staff names, and any observed effects on your child (e.g., “No sensory break provided; child came home agitated and unable to complete homework”).

• Save All Communications: Keep copies of emails, texts, and notes from teachers or therapists. If you have phone conversations, follow up with a summary email: “Thank you for speaking with me today. As discussed, John missed his speech session this week…”

• Collect Physical Evidence: Save worksheets, test papers, or homework that show accommodations weren’t provided. For example, if your child with dyslexia is supposed to have oral testing but receives only written tests, keep those papers.

Common Pitfall:
Don’t wait until you’re frustrated—start documenting as soon as you suspect a problem. If your child’s symptoms (like increased meltdowns or school refusal) coincide with missed services, note this in your log.

Step 2: Informal Resolution—Start Small, But Be Strategic

Why Start Informally?
Many issues are due to oversight, miscommunication, or staff turnover. Teachers and case managers are often your best allies if approached respectfully.

How to Approach:

• Request a Meeting or Send a Clear Email: Be specific. “I noticed that Maria’s IEP requires preferential seating due to her sensory processing disorder, but she’s been seated at the back of the class. Can we discuss how to address this?”

• Ask for Clarification, Not Just Action: Sometimes, staff may not understand the IEP’s requirements, especially if your child’s needs are complex or symptoms fluctuate (e.g., anxiety spikes during testing).

• Document the Conversation: After any meeting or call, send a follow-up email summarizing what was discussed and any agreed next steps.

Ambiguity to Watch For:
Staff may say, “We’re doing our best,” or “We’re short-staffed.” While empathy is important, IDEA does not allow staffing shortages as an excuse for non-compliance.

Step 3: Escalate to the IEP Team—Make It Official

When to Escalate:
If informal efforts don’t resolve the issue within a reasonable time (usually 1-2 weeks), request a formal IEP meeting.

How to Request:

• Send a Written Request: Address it to the special education director or principal. State the specific IEP provisions not being followed and request a meeting to address these concerns.

• Prepare Your Evidence: Bring your log, work samples, and copies of communications. Be ready to explain how missed services have affected your child’s progress or symptoms (e.g., “Since OT sessions were missed, my child’s handwriting has regressed, and he’s showing increased frustration at home”).

What to Ask For:

• Compensatory Services: If your child missed services, ask for make-up sessions or additional support. Schools may not offer this unless you request it.

• Written Action Plan: Insist on a written summary of what will change, who is responsible, and when it will happen.

Pitfall:
Don’t accept vague promises like “We’ll try to do better.” Get specifics in writing.

Step 4: Formal Dispute Resolution—Know Your Rights

If the school still fails to comply, you have several legal options. These are your rights under IDEA, and you can pursue them without a lawyer.

State Complaint:
File a written complaint with your state’s department of education. Include your documentation and a clear description of the IEP violations. The state will investigate and issue findings, often within 60 days.

Mediation:
Request mediation with a neutral third party. This is voluntary but can result in a legally binding agreement. Mediation is often less adversarial and can be scheduled quickly.

Due Process Hearing:
This is a formal legal proceeding, similar to a trial. You present evidence, call witnesses, and a hearing officer makes a binding decision. You can self-represent, but be prepared: organize your evidence, outline your arguments, and be ready to explain how the school’s actions have harmed your child’s education and well-being.

Contentious Points and Ambiguities:

• Partial Compliance: Sometimes, schools provide some services but not all. Even partial non-compliance is a violation.

• Changing Needs: If your child’s symptoms or needs have changed (for example, increased anxiety or new medical diagnoses), you can request an IEP review at any time.

• Retaliation: It’s illegal for schools to retaliate against you or your child for advocating. If you suspect retaliation (e.g., sudden disciplinary actions or exclusion from activities), document it and include it in your complaint.

Real-World Example

Consider a child with autism who is supposed to receive daily social skills training and sensory breaks. The parent notices increased meltdowns and school refusal. Upon investigation, it’s discovered that the aide responsible for these services was reassigned, and the school did not provide a substitute. The parent documents each missed session, the impact on the child, and all communications. After informal efforts fail, the parent requests an IEP meeting, secures compensatory services, and, when necessary, files a state complaint. The school is required to provide make-up sessions and implement a monitoring plan.

Final Thoughts

IEP non-compliance is stressful, especially when your child’s disability means missed services have immediate, visible effects. By documenting carefully, communicating clearly, and knowing your rights, you can advocate effectively—even without a lawyer. Your persistence can make all the difference in your child’s educational journey.

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Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Ohio estate planning laws can change, and outcomes depend on your personal circumstances and the evidence available. Always review your situation carefully before making decisions.