Your School Isn't Following Your Child's IEP — Here's Exactly What to Do

I want to start with something that took me years to say out loud.

Schools do not always follow IEPs.

Not because every teacher is careless. Not because every administrator is trying to shortchange your child. But because the system is underfunded, understaffed, and under enormous pressure — and when something has to give, it is often the child whose parents do not know their rights.

If you are reading this because your child is not getting the services written in their IEP, I want you to know two things. First — you are not imagining it. Second — you have more power than you think.

Here is exactly what to do.

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Step 1: Get Specific About What Is Missing

Before you do anything else, get clear on exactly what is not being provided.

Pull out your child's current IEP and look at the services page. Write down:

• What services are listed (speech, OT, PT, special instruction, counseling, etc.)
• The frequency — how many times per week or month
• The duration — how long each session is supposed to be
• Who is supposed to provide it

Then compare that to what is actually happening. Is speech happening twice a week as written, or once? Is the session 30 minutes as written, or 20? Is the service being delivered by a qualified provider, or by a paraprofessional standing in?

You cannot fight a vague problem. Get specific.

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Step 2: Start Documenting Immediately

From this point forward, everything goes in writing.

Keep a simple log — a notebook, a notes app, a spreadsheet, whatever you will actually use. Every time a service is missed, write down:

• The date
• What was supposed to happen
• What actually happened
• Who told you (your child, a teacher, a note home)

This log is your evidence. You will need it.

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Step 3: Contact the Teacher or Service Provider First

Before you escalate, give the teacher or service provider a chance to explain.

Send an email — not a text, not a verbal conversation in the hallway. Email creates a paper trail.

Keep it factual and non-accusatory. Something like:

"I want to follow up on [child's name]'s IEP services. According to the IEP, [child's name] is supposed to receive speech therapy twice per week for 30 minutes. I have noticed that services have not been happening consistently. Can you help me understand what is happening and how we can get back on track?"

Give them a few days to respond. A reasonable teacher or provider will acknowledge the issue and give you a straight answer.

If you do not get a response — or if the response dismisses your concern — move to the next step.

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Step 4: Put the School on Notice in Writing

Contact the special education coordinator or your child's case manager directly. Send an email that:

• States the specific services not being provided
• References the IEP (include the page number if you can)
• States the dates services were missed (use your log)
• Asks for a written explanation and a plan to make up the missed services

The phrase "compensatory services" matters here. When a school fails to deliver IEP services, the child is entitled to make-up services to compensate for what was lost. Use that word in your email.

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Step 5: Request an IEP Meeting

If the email does not produce results, formally request an IEP meeting in writing.

You have the right to request an IEP meeting at any time — you do not have to wait for the annual review. In your request, state that you want to discuss the failure to implement the IEP and the plan to provide compensatory services.

Send the request by email and keep a copy. The school is required to respond.

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Step 6: File a State Complaint

If the school does not respond or continues to fail to implement the IEP, it is time to file a state complaint.

A state complaint goes to your state's Department of Education, not to the school. It triggers an investigation. The state has 60 days to investigate and issue a written decision. If the complaint is sustained, the state can order the school to provide compensatory services, change their practices, and in some cases, pay for independent services.

To file a state complaint:

1. Search "[your state] special education state complaint"
2. Find the complaint form on your state's Department of Education website
3. Describe the violation — be specific, use dates, attach any documentation you have

You do not need a lawyer to file a state complaint. You can do it yourself.

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Step 7: Know Your Other Options

State complaints are not your only escalation path.

Mediation — A neutral third party helps you and the school reach an agreement. It is voluntary, free, and faster than due process.

Due process — A formal legal hearing before an impartial hearing officer. More time-consuming and stressful, but it produces a legally binding decision. Consider consulting a special education attorney before pursuing this route.

OCR Complaint — If you believe the failure is related to discrimination, you can file a complaint with the Office for Civil Rights.

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The Most Important Thing I Can Tell You

Do not wait.

Every month that passes without services is a month of your child's development that cannot be recovered. The school is counting on parents who do not know their rights to stay quiet. The moment you put something in writing, the dynamic shifts.

You are your child's most powerful advocate. Use it.

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If you are not sure where to start, the IEP Red Flag Checker on Special Clarity can help you identify problems in your child's current IEP document. Your state's Parent Training and Information Center (PTI) also offers free one-on-one support — find yours at parentcenterhub.org.

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Disclaimer: The information in this post is for general educational purposes only and does not constitute legal advice. If you are considering due process or legal action, consult a qualified special education attorney. Special Clarity is not a law firm and does not provide legal representation or advocacy services.