When a School Is Not Following Your Child’s IEP: What Oregon Parents Can Do
An Individualized Education Program, or IEP, is intended to be a working plan—not simply a document completed at an annual meeting and filed away.
Once an IEP is in effect, the school is responsible for providing the special education, related services, accommodations, modifications, and supports described in it. The staff responsible for implementing the IEP should also understand their specific responsibilities.
Even so, parents sometimes begin to notice differences between what the IEP says and what appears to be happening at school.
A concern does not automatically mean that the school has violated the IEP. Schedules change, staff members are absent, services may be delivered differently than parents expect, and children do not always describe their school day accurately. However, repeated inconsistencies, missing information, or unexplained changes are worth examining.
The first step is usually to identify exactly what the IEP requires, what is actually happening, and whether there is a pattern.
What Does It Mean to Implement an IEP?
An IEP should identify the special education and related services the student will receive, along with information such as the frequency, location, and duration of those services.
It should also describe:
The student’s annual goals
How progress toward those goals will be measured
When progress reports will be provided
The accommodations, modifications, supplementary aids, services, and supports the student needs
How much the student will participate with students who do not receive special education services
Any other individualized supports required for the student to access and benefit from education
IEP implementation is not always easy to evaluate from the outside. A service may be provided within a classroom rather than in a separate setting, an accommodation may only apply under certain conditions, or a provider may use several methods to address the same goal.
That is why concerns should begin with the exact language of the IEP rather than assumptions about what a particular service should look like.
Possible Signs That an IEP Is Not Being Implemented as Written
The following situations do not independently establish that an IEP has been violated. They may, however, signal that parents need more information.
1. Services Are Frequently Missed
Occasional disruptions can occur because of illness, school closures, testing schedules, field trips, or other circumstances.
A pattern of missed special education or related services without a clear explanation deserves closer attention. Parents can ask:
How often has the service been provided?
Were any sessions missed?
How did the team determine whether missed services affected the student?
Is there a plan to address any resulting loss of instruction or progress?
The answer may depend on the wording of the IEP, the extent of the missed services, and the effect on the individual student.
2. The Service Does Not Appear to Match the IEP
Parents may learn that the amount, setting, provider, or type of support looks different from what the IEP describes.
Sometimes there is a reasonable explanation. In other situations, the school may need to clarify how the service being delivered corresponds to the IEP.
Compare what is happening with the portions of the IEP addressing:
Frequency
Duration
Location
Beginning and ending dates
Group or individual delivery, when specified
The nature of the special education or related service
If the team believes that a different service or arrangement is appropriate, the IEP may need to be reviewed rather than informally changed.
3. Accommodations Are Applied Inconsistently
Accommodations such as extended time, reduced-distraction settings, breaks, access to assistive technology, or alternate ways to demonstrate knowledge should be provided as described in the IEP.
One isolated mistake may be addressed through clarification. A repeated pattern across classes, teachers, or assignments may indicate a broader implementation problem.
It can help to document specific examples:
Which accommodation was not available?
When and where did it occur?
How did it affect the student?
Was the concern corrected after staff were notified?
Specific information is more useful than a general statement that “the accommodations are not being followed.”
4. Staff Appear Unfamiliar With the Student’s IEP
The student’s teachers and service providers should have access to the IEP and be informed of their specific responsibilities, including the accommodations, modifications, and supports they are expected to provide.
A parent may become concerned when a staff member:
Appears unaware that the student has an IEP
Does not know about an important accommodation
Gives information that conflicts with the IEP
Tells the student that an identified support is unavailable
Consistently relies on the parent or student to explain the plan
This does not necessarily mean the entire IEP is not being followed, but the school should address gaps in communication and implementation.
5. Progress Reports Are Missing or Do Not Address the IEP Goals
The IEP should explain how progress toward annual goals will be measured and when progress reports will be provided.
A report stating that a student is “doing well” or “making progress” may not give parents enough information to understand progress toward a measurable goal.
Useful progress reporting should help the team answer questions such as:
What skill was measured?
What does the available information show?
How does the student’s current performance compare with the goal?
Is the student making enough progress to reasonably meet the goal?
Does instruction or support need to change?
Report-card grades and IEP progress are related, but they are not the same thing. A student may earn passing grades while making limited progress toward an IEP goal—or may struggle in a class while still progressing on a specific skill.
6. The Student Is Not Making Expected Progress and the IEP Has Not Been Reconsidered
Limited progress does not automatically mean that the IEP has not been implemented. It may indicate that the instruction, goal, service, or method of measuring progress needs to be reviewed.
IEPs must be reviewed at least annually. Teams should also revise an IEP when appropriate to address a lack of expected progress, evaluation information, parent-provided information, anticipated needs, or other relevant matters.
Goals do not necessarily need to be entirely different every year. Some skills require continued instruction over time. The more important questions are:
Was the goal meaningfully reviewed?
What does the progress information show?
Is the goal still appropriate?
Does the student need a different instructional approach, service, support, or level of intensity?
7. Behavior, Attendance, or School Avoidance Has Changed
An increase in behavior, anxiety, school avoidance, or emotional distress does not prove that the IEP is not being followed. Many factors can contribute to a change in functioning.
However, these changes may be important information for the IEP team—particularly when they occur alongside missed supports, increased academic demands, placement changes, disciplinary concerns, or inconsistent implementation.
The team may need to consider whether:
The current supports are being provided
The student’s needs have changed
Additional evaluation is needed
Behavioral supports remain appropriate
The student is able to access instruction
The IEP needs to be reviewed or revised
The goal is to understand what the behavior may be communicating rather than assume a single cause.
8. Parents Must Repeatedly Remind Staff About the Same Requirements
Parents often play an important role in communication, but they should not have to manage the student’s IEP from day to day.
If the same concern returns after repeated reminders, it may help to move from informal communication to a more structured review.
This could include summarizing the concern in writing, asking who is responsible for addressing it, requesting relevant information, or asking the team to meet.
Start by Reading the Exact IEP Language
Before concluding that a service or accommodation is missing, review the current IEP carefully.
Pay particular attention to:
The service summary
Frequency, duration, and location
Annual goals
Progress-measurement procedures
The progress-reporting schedule
Accommodations and modifications
Supplementary aids and services
Behavior supports
Assistive technology
Transportation or other related services
The date each service was expected to begin
Some IEP language is more specific than others. For example, “speech-language services for 30 minutes weekly” is easier to compare with implementation records than “access to adult support as needed.”
If the language is unclear, the team may need to clarify what the support means and how staff will know when and how to provide it.
Document Specific Concerns
A clear record helps everyone understand the issue.
Consider keeping a simple log that includes:
The date
The relevant IEP service or support
What reportedly occurred
The source of the information
How the situation affected the student
Any communication with school staff
The school’s response
Keep the language factual. Instead of writing, “The school never follows the IEP,” describe the specific event:
The IEP provides a reduced-distraction setting for classroom assessments. On October 3 and October 8, my child reported completing tests in the general classroom without that accommodation. Please help me understand what occurred and how this accommodation is being implemented.
Specific examples make it easier for the school to investigate and respond.
Ask for Information in Writing
Parents can begin with a neutral written question rather than an accusation.
For example:
I am trying to understand how this portion of the IEP is currently being implemented. Could you please explain when, where, and by whom this service is being provided?
Depending on the concern, parents may also ask for:
Available service-delivery information
IEP progress reports
Work samples
Data used to measure the annual goals
Attendance or scheduling information
Clarification from the teacher or service provider
An explanation of how a specific accommodation is being provided
The records available will vary by district, provider, and type of service.
Request an IEP Meeting When Needed
Not every question requires a full IEP meeting. Some concerns can be resolved through communication with the case manager, teacher, or provider.
A meeting may be helpful when:
The concern involves several staff members or services
The same problem continues after communication
The student is not making expected progress
The student’s functioning or needs have changed
The team needs to clarify or revise the IEP
Parents and school staff have different understandings of what the IEP requires
Additional evaluation or data may be needed
When requesting a meeting, identify the issues you want the team to discuss. This gives the school an opportunity to gather the relevant staff and information.
When the IEP Is Being Followed but Is Not Working
Implementation and adequacy are different questions.
A school may be providing the services exactly as written, but the student may still not be making expected progress. In that situation, the concern may not be whether the school followed the IEP. The team may instead need to consider whether the IEP remains appropriate.
Possible questions include:
Are the goals addressing the student’s current needs?
Is the instruction sufficiently explicit and intensive?
Are the services appropriately designed?
Is progress being measured in a meaningful way?
Does the team need additional evaluation information?
Have new academic, behavioral, communication, adaptive, or mental-health-related educational needs emerged?
Understanding the difference between implementation and adequacy helps families identify the right next step.
You Do Not Have to Begin With Conflict
Effective advocacy does not require assuming bad intent or beginning with a formal complaint.
Implementation problems can result from staff turnover, scheduling difficulties, unclear communication, insufficient training, or different interpretations of the IEP. Those explanations do not make an ongoing problem unimportant, but understanding the cause may help the team correct it.
Many concerns can begin with:
Reviewing the exact IEP language
Gathering specific examples
Asking for relevant information
Communicating the concern clearly
Allowing the school an opportunity to respond
Requesting an IEP meeting when the concern is not resolved
If informal efforts do not resolve the issue, Oregon families can learn more about available dispute-resolution and complaint options through the Oregon Department of Education or consult an appropriately qualified special education attorney or advocate.
When an Independent Record Review May Help
Sometimes the central question is unclear:
Is the IEP not being followed?
Is the IEP being followed but not meeting the student’s needs?
Is progress being measured appropriately?
Does the existing evaluation adequately explain the student’s difficulties?
Is another evaluation necessary?
What information should the parent request before the next meeting?
An independent record review can help organize the available information, identify the questions that remain, and clarify possible next steps.
Educational Services Collective provides record review, consultation, psychoeducational evaluation, and educational advocacy services for families throughout Oregon.
This guide provides general educational information and is not legal advice. The appropriate response to an IEP concern depends on the specific IEP, available information, and individual circumstances.
Sources and Further Reading:
IDEA Regulations: Definition of an Individualized Education Program—34 C.F.R. § 300.320
IDEA Regulations: When IEPs Must Be in Effect—34 C.F.R. § 300.323
IDEA Regulations: Development, Review, and Revision of the IEP—34 C.F.R. § 300.324
Oregon Department of Education: Notice of Procedural Safeguards
Oregon Department of Education: Special Education Dispute Resolution
