If your child’s IEP says they should receive a service and the school isn’t providing it, that’s a denial of FAPE. You have the right to demand compliance, request compensatory services, and file a formal complaint.
The School Must Provide What’s in the IEP
An IEP is not a suggestion. It is a legally binding document. Once it is signed and in effect, the school district is obligated to deliver every service, accommodation, and modification listed in it. There is no exception for staffing shortages, budget constraints, or scheduling conflicts.
34 C.F.R. § 300.323(c)(2) — Each public agency must ensure that as soon as possible following the development of the IEP, special education and related services are made available to the child in accordance with the child’s IEP.
Common Ways Schools Deny Services
Service denial doesn’t always look like the school saying “no.” It often looks like: your child’s speech therapy sessions being “rescheduled” repeatedly until they just stop happening; the school saying they can’t find a provider; an aide being pulled to cover another classroom; services being paused during testing weeks, assemblies, or field trips; or the school telling you “we don’t have the staff for that right now.”
“We don’t have the budget/staff for that” is never a legal excuse. Under IDEA, the district must provide FAPE regardless of cost. If they can’t provide a service in-house, they must contract with an outside provider at no cost to you.
What Is FAPE?
FAPE stands for Free Appropriate Public Education. It is the core promise of IDEA. Your child is entitled to an education that is designed to meet their unique needs, provided at no cost to you, and delivered in accordance with their IEP. When the school fails to deliver IEP services, they are violating FAPE.
Endrew F. v. Douglas County School District (2017) — The Supreme Court ruled that a child’s IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” Failing to deliver IEP services makes progress impossible and violates this standard.
What to Do Right Now
Step 1: Document everything. Keep a log of every missed service with dates, what was supposed to happen, and what actually happened. Save emails. Take notes after phone calls. Write down the names of everyone you speak with.
Step 2: Put it in writing. Send an email to the special education director stating which services are not being provided and requesting immediate compliance. Always communicate in writing — verbal conversations are easy to deny later.
Step 3: Request compensatory services. For every session your child missed, they are owed make-up services. This is called “compensatory education.” The school must provide these services in addition to the regular IEP services going forward.
Step 4: File a state complaint. If the school does not correct the problem within a reasonable time (10-15 business days), file a formal complaint with your state’s Department of Education. The state has 60 days to investigate and issue a resolution.
Step 5: Request due process. If the complaint process does not resolve the issue, you can file for a due process hearing — essentially a legal proceeding where an impartial hearing officer decides the case.
34 C.F.R. § 300.151–153 — Each state must have procedures for resolving complaints that a public agency has violated IDEA. The state must resolve the complaint within 60 calendar days and can order corrective actions including compensatory services.