Sessions written into my child’s IEP keep getting missed
Speech, OT, counseling, or aide minutes are written into your child’s IEP at a set weekly amount, and several sessions this term were skipped, shortened, or covered by no one at all. No: the frequency, location, and duration your child’s IEP already sets are the district’s own commitment, and a staffing gap doesn’t get to shrink that number on its own (34 CFR 300.320(a)(7)). 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
“The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications.”
34 CFR 300.320(a)(7)
The exact frequency and duration are written before the year starts, so a missed session is a shortfall against a fixed number.
What to do this week, in order
Tally every missed session or shortened minute for each service, with the date, the amount owed, and the amount given.
A dated tally of minutes owed versus given
Request the session sign-in sheets straight from the provider; they show which sessions happened and which did not.
Session sign-in sheets for those weeks34 CFR 300.613(a)
Attach your tally to the paragraph below, and send both to the provider’s supervisor, with the schedule coordinator informed.
Your outbox record of that message
Ask the IEP team to review whether the missing minutes left your child short of expected progress toward the goals.
Any revised IEP page from the team’s review34 CFR 300.324(b)(1)(ii)(A)
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- The provider’s supervisor, with the schedule coordinator informed
Dear [Provider’s supervisor’s name], The attached tally counts [number] instances where [Child’s full name]’s IEP, on page [page], calls for [service] that did not run as planned, spanning [gap start] through [gap end]. Write back with how those minutes will be recovered, and attach the sign-in log covering that stretch. Any refusal should come as prior written notice, per 34 CFR 300.503, instead of a phone call. Respectfully, [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
- The frequency and duration in writing (34 CFR 300.320)The frequency and duration quoted above.
- Revising the IEP after little progress (34 CFR 300.324)Where the tally goes next.
- The records you can request (34 CFR 300.613)The schedules move two requests.
- 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.
