Service minutes on this year’s IEP are lower than last year’s
Last year’s IEP listed one frequency and duration for a service, this year’s grid lists a smaller one, and nothing in the meeting notes explains the drop. Not without a written IEP behind it: this year’s plan is the one in effect, and its minutes change only at a team meeting or by an amendment you agreed to in writing (34 CFR 300.323(a), 300.324(a)(4)). Start by pulling the IEP page or the letter the dispute turns on and writing down today’s date; every move below adds to that record.
What the rule says
“At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in §300.320.”
34 CFR 300.323(a)
The plan that counts is the document currently on file for your child, not a verbal change made in the hallway.
What to do this week, in order
Line up this year’s service grid against last year’s and mark every row where the frequency, duration, or setting differs.
A marked comparison of both grids
File a written request for the evaluation or progress data behind each marked change, citing your comparison.
Your dated request for that data34 CFR 300.324(a)(1)(iii)
Send the note below, with both grids attached, to whoever approved this year’s change.
The email and whatever answer comes back
Should the reply point to staffing or scheduling instead of your child’s needs, ask the team to reconvene and put its reasoning in writing.
The team’s written reasoning for the change
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- Whoever oversees this year’s service schedule, copying the case manager
Dear [Director’s name], Last year’s IEP for [Child’s full name] set [service] at [old frequency and duration]; the version dated [current date] sets it at [new frequency and duration], and nothing in my file explains why. Please send the evaluation or progress data the team weighed before making the change, along with the notes from wherever it was decided. If the reduction was made without my written agreement, please send the notice that describes it and the reasons behind it, citing 34 CFR 300.503. Kind regards, [Your name]
If the answer is no, it arrives as prior written notice: what was refused, why, and the records the district relied on (34 CFR 300.503(b)).
When to escalate, and to whom
Escalate when the written answer is a no, or when the record you built this week draws no answer at all.
| The path | The count | How it runs |
|---|---|---|
| A state complaint | 60 days to a decision | A signed letter to your state education agency about a violation inside the past year; the state decides in writing within 60 days.34 CFR 300.152(a), 300.153(c) |
| Mediation | Voluntary, at no cost to you | You and the district sit with an impartial mediator the state pays for; it can start before any complaint and may not delay a hearing.34 CFR 300.506(b) |
| A due process complaint | 2 years to file | A hearing before an impartial officer; the district holds a resolution meeting within 15 days, and the decision is due 45 days after the 30-day resolution period.34 CFR 300.507(a)(2), 300.510(a)(1), 300.515(a) |
Those counts are IDEA’s; your state may set its own window for due process, and publishes its own complaint form.
This page explains the federal rule, and it does not replace your state’s procedures, or advice from someone qualified to read your file.
Have the pages this dispute is about read back to you, free.
The review reads every page you upload, names the service, goal or wording that is vague or missing, and gives you its page number.
Review my IEP — freeFree, no card. It reads your pages and contacts no one.
Where this comes from
- The IEP already in effect (34 CFR 300.323)The rule quoted above.
- How a revised IEP gets made (34 CFR 300.324)The meeting or amendment route.
- What a free appropriate education means (34 CFR 300.17)A free education follows the IEP.
- Prior written notice (34 CFR 300.503)What every no owes you.
When the paragraph needs to become a full letter, the letter templates carry one for each request.