The service my child’s IEP requires has never begun
The start date printed on the IEP has come and gone, and the aide, therapist or specialized class it promised has never once shown up this term. No: under 34 CFR 300.323(c), the services an IEP lists begin as soon as possible once the plan is written, and the projected start date on the page is part of the IEP itself. 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
“Free appropriate public education means special education and related services that … are provided in conformity with an individualized education program (IEP) that meets the requirements of §§300.320 through 300.324.”
34 CFR 300.17(d)
A plan sitting in a binder is not the same as the services actually happening in your child’s day.
What to do this week, in order
List every service the IEP names, its written start date, and today’s date beside each one that has never met.
A start-date column, service by service
Name the missing service in an email to the scheduling office and ask who has been told to provide it.
A named provider, in writing34 CFR 300.323(d)
Request the attendance or service log covering the weeks since the IEP took effect, so the gap has a paper trail.
The service log since the effective date
Send the paragraph below to whoever schedules providers, naming the service and its start date, and ask how the missed weeks will be handled.
Your sent message, time-stamped
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- Whoever is responsible for staffing this service, and the principal
Dear [Scheduling coordinator’s name], I’m asking about [Child’s full name]’s service under the IEP dated [IEP date]: [service, at the frequency and minutes written in], with a start listed as [start date] that has not happened. Please tell me who has been assigned to provide it, the date it actually begins, and whether the time already gone will be added back onto the schedule once it starts. I would also like the attendance or service log covering this stretch, so our records line up. [Your name] [Phone] / [Email]
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
- What FAPE requires (34 CFR 300.17)Where the quote comes from.
- Telling providers their role (34 CFR 300.323(d))Backs the provider ask.
- The IEP’s own start date (34 CFR 300.320)The date the IEP set.
- 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.