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When the IEP isn't followed

Is your child's school not following the IEP?

Missed therapy sessions, accommodations that never happen, progress reports that don't come. The IEP is a commitment, not a suggestion. Here's what the law says and what you can do.

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Signs the IEP isn't being followed

  • Your child is getting fewer minutes of a service (like speech or occupational therapy) than the IEP lists.
  • Teachers don't seem to know about the accommodations, or say they "don't have time" for them.
  • Progress reports on the IEP goals are late, missing, or say nothing measurable.
  • A service stopped because a provider left, and nobody told you or offered make-up sessions.

What federal law requires

  • Once the IEP is in place, the school must provide the special education and related services in it. (34 CFR 300.323(c))
  • Every teacher and service provider responsible for carrying out the IEP must be able to access it and be told their specific responsibilities, including accommodations. (34 CFR 300.323(d))
  • The IEP must say when you'll get reports on your child's progress toward the annual goals. (34 CFR 300.320(a)(3))
  • If you can't resolve it with the school, you can file a written state complaint, generally within one year of the problem. (34 CFR 300.153) Mediation and due process are also available. (34 CFR 300.506–300.507)

How IEPvocate helps

  1. Know exactly what was promisedUpload the IEP and get a plain-English breakdown of every service, how often it's provided, and each accommodation, so you can compare it to what's actually happening.
  2. Prepare for the conversationGet questions tailored to your child's IEP to bring to a meeting with the school.
  3. Put it in writingSubscribers can draft a clear, professional letter to the school about the missed services and what you're asking for, including make-up sessions.

Start with what the IEP actually says

Upload your child's IEP and get a plain-English breakdown of the services and accommodations the school committed to. Free to start.

Upload your child's IEP, free →

Common questions

What should I do first if the IEP isn't being followed?

Write down what's being missed, with dates. Then email your child's case manager or special education teacher, describe what the IEP says and what is actually happening, and ask for it to be fixed or for an IEP meeting. Keeping it in writing gives you a record.

What are compensatory (make-up) services?

When a school fails to provide services the IEP requires, the IEP team, a state complaint decision, or a hearing officer can require the school to make up for the lost services. You can ask the school about this directly.

How do I file a state complaint?

Each state's education department has a complaint process. Under federal rules, the complaint must be in writing and signed, describe the problem and the facts, and generally be filed within one year of the violation. There is no fee to file. Your state's Parent Training and Information Center can help.

Is a 504 plan enforced the same way?

No. A 504 plan comes from a different law, Section 504, which has its own procedures, including an impartial hearing. Families can also file a complaint with the U.S. Department of Education's Office for Civil Rights.

This page is general educational information about federal law, not legal advice. Your state may add its own rules and timelines. For help with your situation, contact your state's Parent Training and Information Center or a special education attorney. More detail: Prior written notice: what it is and how to ask for it.

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