Educational information only — not legal advice. Always consult a licensed special education attorney for your specific situation.

Journey · IEP & 504

Services in the IEP aren't being delivered (and verifying delivery)

When services listed in your child's IEP or 504 plan aren't happening as written, you have the right to find out why, get records, and use formal processes to fix it.

Step 1 · Anchor yourself in what the document says

Before anything else, pull out the current IEP or 504 plan and find the services page. Under IDEA, the IEP must list each service with the frequency (how often), duration (how long each session), location, and start/end dates. Under a 504 plan, the required supports should be similarly documented. Write down every service exactly as it appears. This becomes your baseline — what the school is legally obligated to provide. Gaps between the document and reality are what you'll be tracking.

Related: Special Education And Related Services, Section 504 Vs IDEA IEP

Step 2 · Start a simple, dated service log

Begin recording what you observe and hear from your child each day. Note the date, which service was supposed to occur, and whether your child reports it happened. Keep this in a notebook or a shared document. This log is not about assigning blame — it's about building a factual picture over time. Even a few weeks of consistent notes gives you something concrete to bring to the school.

Related: Special Education And Related Services

Step 3 · Request service delivery records in writing

You have the right to inspect and review your child's educational records under FERPA and IDEA. Send a written request to the special education coordinator or principal asking for service logs, therapist session notes, and any attendance records showing when services were delivered. Schools generally must respond within 45 days under FERPA, though many states set a shorter window. Making this request in writing creates a timestamp and a paper trail.

Related: Special Education And Related Services, Prior Written Notice PWN

Step 4 · Ask for a team meeting or an informal check-in

You can request an IEP team meeting at any time — this is a right under IDEA, not a favor. You might also start with a shorter email or phone call to the service provider (the speech-language pathologist, OT, etc.) to understand the schedule from their perspective. Sometimes services are being delivered but the communication to the parent is missing. Other times, staffing changes, scheduling conflicts, or absences have caused real gaps. Either way, getting the school's explanation in writing helps clarify the picture.

Related: Special Education And Related Services, Annual Goals

Step 5 · Understand what 'compensatory services' means

Under IDEA, if a school fails to provide services it was obligated to deliver, students may be entitled to 'compensatory education' — make-up services designed to put the child back in the position they would have been in. This is not automatic; it typically results from a finding through a dispute process. The law does not specify an exact formula for how much make-up is owed, and determinations are made case by case. Knowing this concept exists is useful background as you gather information.

Related: Special Education And Related Services, Dispute Resolution Options

Step 6 · Put your concerns in writing to the school

If an informal conversation doesn't resolve the issue, send a written letter or email to the special education director. Describe the specific services listed in the IEP, the dates or periods you believe delivery was missed, and what records or responses you have received so far. Keep the tone factual and solution-focused. Written communication signals that you are tracking the issue seriously and creates a record of your outreach. The school's written response — or lack of one — is itself informative.

Related: Special Education And Related Services, Prior Written Notice PWN

Step 7 · Know when a Prior Written Notice should accompany any change

If the school proposes to change the frequency, duration, or type of a service — even temporarily — IDEA requires them to issue a Prior Written Notice (PWN) explaining what they propose to do, why, and what options were considered. If services have been quietly reduced or eliminated without a PWN, that is itself a procedural issue you can raise. Understanding what a PWN is and when it's required helps you spot when the process has gone off track.

Related: Prior Written Notice PWN

Step 8 · Consider whether an independent evaluation is relevant

If you believe that missed services have caused your child to fall behind — and you want an independent picture of where your child currently stands — you may have the right to request an Independent Educational Evaluation (IEE) at public expense. An IEE can document current levels of performance, which creates a baseline for understanding the impact of any service gaps. This is a separate process, but it can be relevant if the dispute escalates.

Related: Independent Educational Evaluation IEE, Present Levels Of Performance Plop Plaafp

Step 9 · Explore formal dispute resolution options

If the issue is not resolved through direct communication, IDEA and Section 504 provide several formal options: filing a State Complaint with your state education agency (which typically results in a written investigation and decision within 60 days), requesting mediation (a voluntary, confidential process), or filing for a Due Process Hearing. Each option has different timelines, costs, and outcomes. A state complaint is often the most accessible first step for service delivery failures because it doesn't require an attorney and the state investigates on your behalf.

Related: Dispute Resolution Options, Section 504 Vs IDEA IEP

Step 10 · Connect with a parent advocate or special education attorney

The decisions about which formal steps to take, when, and in what order depend heavily on the specific facts of your situation, your state's rules, and your goals. A trained Parent Training and Information (PTI) center advocate — available free in every state — can help you understand your options without representing you formally. A special education attorney can advise if the situation has escalated or if significant compensatory services may be at stake. You don't have to navigate this alone.

Related: Dispute Resolution Options

How SENTINEL·IEP helps with this

Understanding the topic is one thing; using it in a meeting is another. SENTINEL·IEP gives you plain-language reference and a companion that follows the conversation in real time — so you can recognize this when it comes up and know what to ask.

SENTINEL·IEP gives you knowledge, structure, and a companion in the room. It is not a law firm, and not a substitute for advice about your own child. For that, a special education attorney or your state's Parent Training and Information Center is the right call — and we'll always point you there when it matters.