They Didn't Read the IEP": What to Do When Your Child's Accommodations Aren't Being Implemented

It's a moment that sends a chill down any parent's spine and makes your blood boil. You've spent months fighting for the right supports for your child. You've attended countless meetings, signed endless documents, and finally, you have an Individualized Education Program (IEP) that you believe will help your child succeed.

Then, 4 months into the school year, you discover the truth: the teacher never read it.

This isn't just a simple oversight—it's a fundamental breakdown of the special education process. An IEP is not a suggestion; it is a legally binding contract between you and the school district, designed to provide your child with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). When it goes unread, your child is denied that right and trust begins to unravel.

If you've just made this devastating discovery, take a deep breath. You are not alone, and you have the power to fix this. It happened to us too.

"Each public agency must ensure that the IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation." (IDEA Regulations, 34 C.F.R. § 300.323(d))

Why Does This Happen?

It's easy to assume malice, but often, the reasons are systemic:

• Lack of Training: General education teachers and aides may not receive adequate training on how to read and implement an IEP.
• High Caseloads: Special education case managers are often overwhelmed, and the responsibility of disseminating IEP information can fall through the cracks.
• Staff Turnover: New teachers or aides may arrive mid-year and not be properly briefed.
• Poor Communication: The system for sharing IEPs can be inefficient, with documents sitting unread in digital portals.

While these are explanations, they are not excuses. The school has a legal obligation to ensure every staff member who works with your child is aware of and implements their IEP.

Your 5-Step Action Plan

Your goal is not to start a war, but to solve the problem and ensure it never happens again.

Step 1: Document Everything (Immediately)

Before you do anything else, document how you found out. Your advocacy must be built on evidence.

• Write it down: Who told you? When? What exactly did they say?
• Identify specific failures: List the accommodations or services that were not implemented (e.g., "Preferential seating was not provided" or "Student did not receive 20 minutes of small-group reading instruction").

This documentation is your leverage.

Step 2: Request an IEP Meeting in Writing

Send a email with a formal, request for an IEP meeting to create a legal paper trail.

"As a valuable member of the IEP team, you can call a meeting at any time during the school year. A meeting should be requested in writing or email along with a brief description of the concerns that you would like to discuss." (Guide to Special Education for Families and Education Advocates)

Sample Email:

Subject: Urgent Request for IEP Meeting for [Student Name]

Dear [Case Manager Name],

I am writing to formally request an urgent IEP team meeting to discuss the implementation of [Student Name]'s current IEP. I have recently become aware that some of [Student Name]'s accommodations have not been consistently implemented this school year.

I would like to meet as soon as possible to discuss this and create a plan to ensure all aspects of the IEP are followed with fidelity moving forward.

Please let me know your availability for a meeting next week.

Thank you,
[Your Name]

Step 3: Prepare for the Meeting

Walk into the meeting prepared:

• Your documentation: Notes on how you discovered the failure and the list of unimplemented accommodations.
• A copy of the IEP: Highlight the specific sections that were ignored.
• A list of questions:
  • "Can you confirm which staff members have read and have access to my child's IEP?"
  • "What is the school's process for ensuring new teachers and aides are made aware of IEP requirements?"
  • "How can we ensure this doesn't happen again?"

Step 4: Propose Solutions at the Meeting

Shift from addressing a past failure to building a better future. Propose these solutions be added to the IEP:

1. An "IEP-at-a-Glance" Document: A one-page summary of your child's most critical accommodations and strategies.
2. A Communication Plan: Specify how and when the case manager will share IEP information with all relevant staff.
3. A Verification Log: A log where teachers and aides sign to confirm they have received and reviewed the IEP.
4. Regular Check-ins: Brief, bi-weekly emails from the teacher confirming accommodations are being implemented.

Step 5: Discuss Compensatory Services

Your child was denied FAPE for the months the IEP was not followed. You have a right to ask for compensatory services to make up for the skills and progress that were lost.

• What are they? Additional services (like tutoring or therapy) designed to help your child catch up.
• How to ask: "Since these accommodations were not implemented for the past six months, my child has missed out on critical support. I would like to discuss compensatory services to address the educational gap this has created."

What If the School Pushes Back?

If the school is dismissive, you have other options:

1. File a State Complaint: File a formal complaint with your state's Department of Education if the school is not complying with IDEA requirements.
2. Request Mediation: A neutral third party can help resolve the dispute.
3. Consult with an Advocate or Attorney: If the relationship has broken down, bring in professional help.

Actionable Next Steps

• Document concerns: Keep detailed records of communications and meetings.
• Request an IEP meeting in writing: Create a legal paper trail.
• Propose solutions: IEP-at-a-Glance, verification log, regular check-ins.
• Know your rights: Familiarize yourself with FAPE and compensatory services.
• Seek legal advice if necessary: Consult with an IEP advocate or attorney.

By staying informed and proactive, you can ensure your child's educational needs are met and their IEP is implemented effectively.