What Happens When The IEP Isn't Followed?
Updated: December 11, 2025. Reviewer: Dr. Rose Sebastian, Ed.D.
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There is a legal answer to this question and a real world one. The legal answer is that the parents have a good due process case to get compensatory educational services, like tutoring or extra time with an occupational therapists.
The real world answer is that it depends on who notices and how egregious it is. Small violations– like a teacher saying no to a student using notes on a test– typically lead to very little. Bigger violations– like a student not getting a required service– typically lead to more.
When IEPs Don't Get Followed
Problems With General Education Teachers
General education teachers should always have access to students’ IEPs. That doesn’t mean they read them. The documents are long, boring, dense, and full of jargon.
If something isn’t happening, like the student isn’t getting the seat in the front row, access to notes, or extra time, reach out to the teacher. Find out what is going on. Is their best friend in the front row too and the seating isn’t working? Are they just never opening the notes up from Google Classroom? Often times, there is a simple explanation and it can get worked out.
For accommodations and modifications– which are the most important things for general education teachers– try emailing them out or giving the teachers a simplified sheet with just what they really need to know on a daily basis. Assume ignore, not evil.
If there turns out not to be a good explanation and you have ensured that the teacher knows the accommodations/ what the student needs but isn’t doing it, there are a few options. One is to get administration involved. This is their headache. The other is to hold an IEP meeting with that general education teacher where you all problem solve the class– frame it as problem solving and the team working together to better structure the accommodations for that class room. Not an accusation– an opportunity to collaborate. And if that doesn’t work, go to admin.
For inquiring minds who want to know if teachers get fired over this, no they do not. However, some get a lot of very special, very un fun time with administrators if the issue repeats and could get put on probation if it was bad enough.
Problems With Paraprofessionals
Paraprofessionals are the backbones of special education. But that doesn’t mean that every paraprofessional is great to work with every student. This comes up typically for students with more significant behaviors. There might be a behavior plan and the paraprofessional with the student might not be the best at consistently following it.
If services are Medicaid reimbursable, that paraprofessional is meeting regularly with a speech pathologist, psychologist, or occupational therapist to get supervision and check in. That is incredibly important and helpful for building consistency and skills.
If services are not, then it is likely that the paraprofessional is getting minimal training, support, and guidance. Invite paraprofessionals to IEP meetings and check ins. Talk with their supervisor about training and supports. If all else fails, ask for a paraprofessional switch. Most schools have more than one.
Note that the Medicaid language in IDEA is a bit opaque, but basically it says that districts can’t charge parents money for services but can, with parental permission, get some money back from Medicaid. See below for the IDEA text.
(ii) A noneducational public agency described in paragraph (b)(1)(i) of this section may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context.
and in 34 C.F.R. § 300.154(d)
(d) Children with disabilities who are covered by public benefits or insurance.
(1) A public agency may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under this part, as permitted under the public benefits or insurance program, except as provided in paragraph (d)(2) of this section.
(2) With regard to services required to provide FAPE to an eligible child under this part, the public agency—
(i) May not require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under Part B of the Act;
(ii) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this part, but pursuant to paragraph (g)(2) of this section, may pay the cost that the parents otherwise would be required to pay;
(iii) May not use a child’s benefits under a public benefits or insurance program if that use would—
(A) Decrease available lifetime coverage or any other insured benefit;
(B) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;
(C) Increase premiums or lead to the discontinuation of benefits or insurance; or
(D) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and
(iv) Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and after providing notification to the child’s parents consistent with paragraph (d)(2)(v) of this section, must obtain written, parental consent that—
(A) Meets the requirements of §99.30 of this title and §300.622, which consent must specify the personally identifiable information that may be disclosed (e.g., records or information about the services that may be provided to a particular child), the purpose of the disclosure (e.g., billing for services under part 300), and the agency to which the disclosure may be made (e.g., the State’s public benefits or insurance program (e.g., Medicaid)); and
(B) Specifies that the parent understands and agrees that the public agency may access the parent’s or child’s public benefits or insurance to pay for services under part 300.
(v) Prior to accessing a child’s or parent’s public benefits or insurance for the first time, and annually thereafter, must provide written notification, consistent with §300.503(c), to the child’s parents, that includes—
(A) A statement of the parental consent provisions in paragraphs (d)(2)(iv)(A) and (B) of this section;
(B) A statement of the “no cost” provisions in paragraphs (d)(2)(i) through (iii) of this section;
(C) A statement that the parents have the right under 34 CFR part 99 and part 300 to withdraw their consent to disclosure of their child’s personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) at any time; and
(D) A statement that the withdrawal of consent or refusal to provide consent under 34 CFR part 99 and part 300 to disclose personally identifiable information to the agency responsible for the administration of the State’s public benefits or insurance program (e.g., Medicaid) does not relieve the public agency of its responsibility to
Problems With Services Getting Delivered
This starts to get into the more actionable type of problem. Sometimes a student has occupational therapy and there is no occupational therapist. Or they are supposed to get reading daily but are getting it once every two weeks. If the services aren’t getting delivered because the student is absent, because they are refusing services, or because they are nowhere to be found at service times, then the school is not in trouble. They just need to document why services were missed. If, however, it is because the service provider wasn’t there or doing their job, then the parent can ask for compensatory services. Really that just amounts to make up hours and sessions– but it can take the form of tutoring.
Compensatory issue was a big issue during the pandemic, so much so that the DOE issued guidance about it, primarily citing the 503 law. Compensatory education is sort of discussed in IDEA in 34 C.F.R. § 300.151 where it says:
(b) Remedies for denial of appropriate services. In resolving a complaint in which the SEA has found a failure to provide appropriate services, an SEA, pursuant to its general supervisory authority under Part B of the Act, must address—
(1) The failure to provide appropriate services, including corrective action appropriate to address the needs of the child (such as compensatory services or monetary reimbursement); and
(2) Appropriate future provision of services for all children with disabilities.
Problems With Subs
Subs, both as case managers and in general education classrooms, are a particular challenge. First, even long term subs do not always have access to students’ IEPs. Some sub case managers can’t write IEPs and IEP meetings just don’t get held. Second, subs are often of variable training, experience, and quality. That means that even if they have the IEP, they might not be trained or equipped to deliver what the IEP says. This comes up a lot for students with behaviors or who like routines.
In those cases, often times a case manager will pull the student out more to keep the positive behavior plan in place.
