The School Is Not Following My Child's IEP

The IEP says one thing, but the classroom looks different. Here's how to prove it and fix it.

Mary, Special Education Advocate
Expert Reviewedby Mary

"I've sat at over 500 IEP tables."

I'm Mary, a Special Education Advocate and the founder of The Advocate Ally. I created this special education resource because too many parents feel pressured to accept generic, "cookie-cutter" IEPs.

The guidance below is grounded in the same practical, document-based questions I raise in IEP meetings every day. Use it to ask for clearer, more individualized support for your child.

Mary

Founder, The Advocate Ally

What's Happening

Your child has an IEP, but the services, accommodations, or goals outlined in it aren't being implemented. Maybe the aide isn't showing up, the pull-out minutes are being skipped, or the teacher doesn't even know the accommodations exist.

Your Legal Rights

An IEP is a legally binding document. Once signed, the school is obligated to implement every part of it. Failure to do so is a violation of IDEA.

  • The school is responsible for implementing the services and supports written in your child's IEP.
  • You can request records showing implementation (e.g., service logs, data sheets).
  • You are entitled to compensatory services if the school failed to deliver what was promised.
  • You can file a state complaint for failure to implement the IEP.

What To Do Right Now

1

Document everything: Date, time, and what specifically is not happening.

2

Send a written letter to the Special Education Director: 'I have concerns that [specific service] is not being implemented as written in the IEP dated [date].'

3

Request implementation data: service logs, progress notes, and aide schedules.

4

File a state complaint citing the specific IEP provisions being violated.

Don't Go Into This Blind

Before you send a letter or file a complaint, start with the written IEP. The audit can flag documented gaps, weak language, and sections that may deserve a written question or closer professional review.

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Frequently Asked Questions

What counts as 'not following' an IEP?
Anything not delivered as written: missed minutes, absent aides, unenforced accommodations, or ignored goals.
Can I get make-up services?
Compensatory services may be available when missed implementation denied the student appropriate services. The remedy depends on the facts and may require team discussion, a complaint, mediation, or due process.
Should I contact a lawyer?
You don't need one for a state complaint. But if the violations are severe and ongoing, an advocate or attorney can help escalate to due process.
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