What happens if the school is not following the IEP?

Your child’s Individualized Education Program (IEP) lists the services and supports the school will provide your child. There are several ways you can take action if you are worried the school is not doing what they agreed to do.

Steps you can take

  1. Check your child’s IEP: Review the IEP to see how the service or support you are concerned about is written. Does it explain when and how often it will be provided? Clear language helps parents and teachers be on the same page.
  2. Contact the case manager: Your child’s IEP includes the name of the case manager; they are your first contact for any questions. Call or email them about your concern. For example, you can say, “My child’s IEP says she will receive speech therapy two times a week. My daughter told me she only goes once a week. Can you help me find out what is happening?” The case manager can help by talking with school staff or calling an IEP meeting.
  3. Request an IEP meeting: If the case manager is not able to resolve the issue, you can request an IEP meeting. A meeting can help school staff understand their role in making sure the IEP is followed. You may also decide some of the language in the IEP needs to be updated to be more clear.
  4. Talk with school leaders: If your concerns were not resolved in the IEP meeting or you do not believe a meeting would be helpful, you can contact the school principal or district special education director. If the service or support requires staff time or resources, their involvement may be needed to help ensure the issue is resolved.
  5. File a state complaint: When possible, it is best to resolve issues at the local level. If your concerns are not addressed after following these steps, you can consider filing a complaint with the Minnesota Department of Education (MDE). A complaint is a signed written statement that describes what part of the IEP or special education law you think the school did not follow. It must be filed within one year of when the issue occurred.

Need more information? Contact a PACER advocate today!