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NYC • SPECIAL EDUCATION SERVICES

What to do when the IEP is not being followed

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Illustrative stock photo. People pictured are not IEP Hours clients.
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An IEP is a written promise of services. When a school in New York City stops providing what it says, or never starts, families often hear that a provider is coming soon, that the schedule is being worked out, or that the class is covering it. This guide walks through how to check what is actually happening, who to ask, what to write down, and what options exist if the gap continues.

Step 1: know exactly what the IEP promises

Open the current IEP and find the page listing programs and services. For each one, copy four things: the service, how often, how long each session lasts, and whether it is individual or in a group. A line like "speech, 2 times a week, 30 minutes, group of 3" is the yardstick for everything that follows. If you are not sure where to look, read how to read your child's IEP.

Check the dates too. A service that starts in a later month, or a new IEP that replaced the old one, changes what the school owed and when.

Step 2: find out what your child is actually getting

Ask your child what happens during the day, but do not rely on that alone. Ask the school, in writing, three short questions: who is the assigned provider for each service, what days and times are sessions scheduled, and how many sessions have been given since the start of the year or the start of the IEP.

Keep your own record from the first day you suspect a gap. Note each week what was scheduled, what you were told happened, and what you could confirm. Mark anything you cannot confirm as unconfirmed rather than missed. Our guide to documenting missed services and the free missed-services log show a simple format.

Step 3: ask the school first, in writing

Most gaps start with a practical problem: no provider assigned, a provider who left, a schedule that clashes with a class, or a service set up at the wrong location. The school's IEP team or the special education contact can often fix these. Put the request in an email so there is a date on it. Keep it short and factual: what the IEP says, what you have seen, and what you are asking for.

The free school email builder writes a first draft for the common cases, and how to write to the school covers what to include and who to send it to.

Step 4: if no provider is available

When the school cannot find a provider for a related service, the DOE may issue a Related Services Authorization (RSA), which lets a family find an independent provider. For SETSS, families sometimes receive a P-4 letter. Neither one helps until someone actually gives the sessions, so ask what happens if you cannot find a provider either. See what an RSA is and how to find a provider with one.

Step 5: if the gap continues

If written requests do not lead to services, families in New York have formal options. These include asking for an IEP meeting, filing a complaint with the state, and requesting an impartial hearing. Each works differently and on different timelines. Our guides on state complaints and due process and impartial hearings explain the differences. Many families also talk with an advocate or attorney before choosing; see advocate or attorney.

Can missed sessions be made up?

Sometimes. When required services were not provided, a hearing officer or a settlement may award compensatory services, often as a bank of tutoring or therapy hours. Whether that happens, and how many hours, depends on the facts and the paperwork, so no one can promise a result. A clear record of what the IEP required and what was missed helps whoever reviews it.

Common things families hear, and what to ask back

If your child has missed months of services and you want to talk it through, you can ask for a free callback. There is no cost to you, now or later.

Official source: NYC DOE: the IEP.

Next step: Free printables: checklist and missed-services log or ask for a free callback.

Last reviewed: October 2026

Questions families ask

What counts as the IEP not being followed?

Any service, frequency, session length, group size or setting on the current IEP that the school is not providing as written. A single canceled session is different from weeks with no provider at all, so keep dated notes.

Who do I contact first at the school?

Start with the IEP team or the school's special education contact, in writing. Ask who the assigned provider is, when sessions are scheduled, and how many have been given.

Can I get missed sessions made up?

Sometimes. Compensatory services can be awarded through a hearing or a settlement when required services were not provided. The amount depends on the facts and the records, and no outcome can be promised.

Is it too late if this happened last year?

Not necessarily, but there are time limits on formal claims. If the missed services go back more than a year, it is worth getting advice soon.

A mother rests her head on one hand at her laptop while her children play nearby.
Illustrative stock photo. People pictured are not IEP Hours clients.

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