The School Isn't Following the IEP

If your child has an IEP and the school isn't doing what it says — skipping therapy sessions, not providing accommodations, or ignoring parts of the plan — that's a problem. The IEP is a legally binding document. Once the school agrees to it, they are required by law to follow it. When they don't, that's a denial of your child's right to a Free Appropriate Public Education.

The Quick Answer

The school must provide every service, accommodation, and support listed in the IEP. If they're not, you should document the problem, notify the school in writing, and escalate to a compliance complaint if the issue isn't resolved quickly.

Your Rights in This Situation

• The IEP is legally binding. Once you've given consent for the IEP, the school must implement every part of it. This includes services (like speech therapy or counseling), accommodations (like extra time on tests), and any other supports described in the document.
• Your child is entitled to make-up services. If the school failed to provide services for a period of time, your child may be owed compensatory education — make-up services to cover what was missed.
• You can file a compliance complaint. If the school won't fix the problem after you raise it, you can file a complaint with the California Department of Education (CDE). This is often the fastest path to getting services restored and make-up services ordered.
• You can request an IEP meeting. If the implementation problems suggest the IEP needs changes, you can request a meeting at any time.

What to Do

1. Check the IEP. Pull out your copy and identify exactly what the school is supposed to be providing. Note the specific services, frequency, and duration. For example: "30 minutes of speech therapy, 2x per week."

2. Document the problem. Keep a log of when services were missed, accommodations were not provided, or supports were not in place. Include dates, what happened (or didn't happen), and who you spoke with.

3. Notify the school in writing. Send an email or letter to the special education teacher, case manager, or principal. Be specific: "According to [Child's Name]'s IEP, they are supposed to receive [specific service]. As of [date], this service has not been provided for [length of time]. I am requesting that services be restored immediately and that make-up sessions be scheduled for the time that was missed."

4. Request a meeting if needed. If the issue is about how the IEP is written or if the school says they can't provide something, request an IEP meeting to discuss the problem and find a solution.

5. File a compliance complaint. If the school doesn't fix the problem after your written request, file a complaint with the CDE. Include your documentation — the IEP showing what should be provided and your records showing it wasn't.

6. Request compensatory education. If your child missed services, ask for make-up sessions. The school may agree to this voluntarily, or the CDE may order it as part of a complaint resolution.

Learn More

• IEP Basics — What the IEP must contain and how it works
• Dispute Resolution Options — How to file complaints and pursue other remedies
• I Disagree With the IEP — Options when you disagree with the team's decisions