The teacher isn’t following my child’s IEP. What can I do?

It’s the start of a new school year, and your child’s Individualized Education Program (IEP) is all set. The IEP outlines which special education services and supports your child will get at school. You feel happy that your child has a team dedicated to helping them thrive. 

A few weeks into the school year, your child comes home and says time ran out during a math quiz. But isn’t extra time an accommodation in the IEP? You’re also noticing that your child has a lot of math problems for homework. Didn’t the IEP team agree to reduced math homework? 

You begin to worry: Is the teacher not following the IEP?

By law, your child’s teacher must follow the IEP. But sometimes, not everyone who is responsible for a child’s education is fully aware of the IEP’s specific details. Or there may be something else going on.

Luckily, there are ways to share your concerns and advocate for your child’s rights. The key is to balance acting as your child’s advocate while assuming positive intent from the adults involved. Starting from a spirit of collaboration can help the process go smoothly. Here’s how to get started. 

1. Document your concerns.

First, make sure you have the most recent version of your child’s IEP. If you didn’t get a copy at the end of your last IEP meeting, ask the school or the special education coordinator for it. 

Next, start keeping a log of your concerns with dates and relevant information. For example, include the date your child told you about running out of time on the quiz, plus the grade they received. If you have a copy of the quiz, include that, too. 

Save any emails or notes relevant to your concerns. If there have been phone calls to or from school, record the dates and details from the conversations. 

Gathering this evidence will help you determine if there’s a pattern of the IEP not being followed. And if that’s the case, it’ll help you show that. An IEP binder can help you stay organized. 

2. Reach out to the teacher.

When you start to feel concerned that a teacher may not be following your child’s IEP, reach out by email or phone to ask for a meeting. Use language focusing on your child’s progress and goals for success. Be clear and specific about your concerns. 

Avoid language that might be seen as accusatory, such as “I’m concerned about the lack of accommodations in your class.” Instead, try something like “My child’s having a hard time with math, including tests and homework. I know they have support outlined in their IEP, so I’d like to set up a time to talk about it.” 

3. Prepare for the meeting. 

Once a meeting time has been set, draft an agenda. This will help set a clear goal for the meeting and a process for working through the issue. Your agenda should include: 

• The main questions or issues you’re hoping to address

• Relevant details from the evidence you’ve been collecting

• Time for discussion and planning

• Time for deciding concrete next steps and dates for checking on progress

Be open to the idea that other educators from the school may join the meeting. Not all classroom teachers have in-depth knowledge of IEPs and special education. They may invite colleagues to join to make sure the meeting is successful. This can be particularly true for new teachers or those who were not part of developing the IEP. The teacher may also want to invite any staff who provide support services, like speech and language therapy. 

4. Meet with the teacher.

At the meeting, let the teacher or team know you’ve brought an agenda. Ask if those in attendance are comfortable using it. There’s a chance that the teacher may have an agenda prepared. If they do, ask if you can spend a few minutes at the beginning of the meeting making sure your key points are also part of their agenda. 

Open the meeting with positive aspects of the year so far. For example, “My child really appreciates X about your class.” Or, “I can tell how diligent you are about helping students because….”

Then, use “I” language to share your concerns. Show your documentation. It may be helpful to go through key sections of your child’s IEP and mention why the information in that section is helpful. For instance, “Last year, the IEP team noticed that my child got confused trying to read their own notes. The team added an accommodation to get notes from the teacher or another student.”

Try to make this a two-way conversation. Ask for the teacher’s perspective and understanding of your child as a learner as you discuss your concerns. Together, come up with a plan to make sure your child’s IEP is followed to support your child’s progress. Hopefully, this meeting will be enough to get your things back on track. 

5. Follow up with the teacher.

No matter the outcome of the meeting, follow up with an email to all who attended. Include a summary of what you discussed and how things ended. Set a specific time frame for when you’ll check in about your child’s progress. 

You can also set a reminder to email the teacher one or two weeks after the meeting to confirm that things are moving along, or to ask for a follow-up meeting.

6. Involve school administrators. 

Many IEP issues can be resolved with an informal meeting with the teacher. But if the meeting didn’t end as you hoped, you can take the issue to officials from the school or district.

If escalation is necessary, here’s what you can do. 

Contact the case manager or special education coordinator.

Ask for the contact information for your child’s case manager or the school’s special education coordinator (if you don’t already have it). You can do this at the end of your meeting or in your follow-up email. 

Reach out to the case manager with a clear explanation of what’s happened so far. Include key documentation. Ask for their help in resolving the issue. You can either ask for a meeting with the teacher and the case manager together, or allow the case manager time to handle it. Either way, include a date by which you expect a reply to your message. 

Contact the school principal.

Sometimes, the case manager or special education coordinator may also be your child’s teacher. In that case, it’s appropriate to bring your child’s principal into the process. (You may also need to bring in the principal if the meeting with the case manager or coordinator doesn’t bring a solution.) 

Email the principal to ask for a school-level meeting to address the issues. Give a date by which you expect to receive a reply.

In your message, share as many positives as you can about the class and process so far. This helps to build a collaborative spirit. 

Then, state your concerns clearly and professionally. Include all relevant documentation. Using special education terms like “least restrictive environment” or “free appropriate public education” can help show that you’re aware of your child’s legal rights. 

7. Request an IEP team meeting.

If the previous attempts have not led to a solution, it’s time to request a formal IEP meeting. As a parent or caregiver, you can request IEP meetings at any time.

When making the request, identify the purpose of the meeting as “IEP non-compliance.” This way, all members of the IEP team will know what to expect. As always, come prepared with all relevant documentation and possible solutions. 

Taking the issue to this step can feel confrontational. To help keep things as positive as possible, continue to rely on facts. Use “I” statements in your conversation. Feel free to share any resources you’ve found helpful for working with your child. Your child’s IEP may include content or strategies not all of their teachers are familiar with. While it’s not your job to educate the team, sharing tips and resources can help build a positive, collaborative relationship.

8. Know your legal rights.

If school- or district-level options aren’t successful, you have legal rights under the procedural safeguards of the Individuals with Disabilities Education Act (IDEA). Those safeguards lay out processes and rights for dispute resolution. 

With each escalation step, you may feel more unsure of what to do. Consider reaching out to a special education advocate. Advocates help parents and caregivers navigate the process of making sure their child’s rights are upheld. They usually charge a fee for services, but they cost less than an attorney. Another option is to talk with someone at your local Parent Training and Information Center about what to do next.

Here are some resolution options you have under IDEA: 

• Negotiation. Any time you call a meeting to discuss your child’s IEP, you’re asserting your right to negotiation.

• Mediation. If negotiation doesn’t lead to a resolution everyone can agree on, you can request that the school or district bring in a neutral third party to act as a mediator.

• Due process hearing. This is a formal way to resolve disputes under IDEA. It escalates the process beyond the school and district and files a formal complaint. If you’re planning to ask for a due process hearing, it can be helpful to contact a special education advocate or attorney first.

• Lawsuit. Because the school is legally required to meet your child’s special education needs, you can seek assistance in court.

• State complaint or Federal Office for Civil Rights complaint. There are laws protecting students’ special education rights at the state and federal level. Parents and caregivers can file formal complaints at both levels. A special education advocate or attorney can help navigate which route might be most successful.

If you’re navigating this process for the first time, it can feel overwhelming to take things to the next level. Just remember that everyone in this process is there to support your child. While school and district staff are education experts, you are the expert on your child. And you have the right to make sure your child has the support legally outlined in their IEP. 

Summary

At the start of the school year, you may feel confident that your child’s IEP is in place and ready to support them. But if you notice things like missed accommodations, it’s OK to speak up. Teachers are legally required to follow the IEP. But sometimes there are misunderstandings or gaps in communication. 

Start by documenting what’s happening. Then reach out to the teacher with your concerns in a calm, collaborative way. Prepare for the meeting by gathering examples and creating an agenda. During the meeting, share your concerns using “I” statements and work together on a plan. Follow up afterward with an email that summarizes the discussion. 

If the issue isn’t resolved, you can contact the special education coordinator or the principal. Or you can request a formal IEP meeting. You also have legal options, like mediation or filing a complaint. Through it all, remember that you are your child’s strongest advocate.