If your child has an IEP and didn't get everything in it, your child may qualify. Each case is decided on its own facts, but these situations come up most often.
Common situations
- Services never started. The IEP lists speech, OT, counseling or SETSS, and no provider was ever assigned.
- Services stopped partway. A provider left and wasn't replaced for weeks or months.
- Fewer sessions than promised. The IEP says three times a week and the child was seen once.
- Group instead of individual. The IEP requires one-to-one and the child was put in a group.
- Delayed evaluations or IEPs. The school took too long to evaluate a child or put an IEP in place.
- An IEP that wasn't appropriate. The services offered weren't enough for the child to make progress.
Who usually doesn't
A child with no IEP and no pending evaluation request generally has no missed special education services to make up. Missed sessions caused only by the child's own absences are usually treated differently from sessions the school failed to provide.
Students in private or charter schools
Some students in private, religious or charter schools receive services through the DOE and can be affected by gaps too. The rules differ, so ask an advocate or attorney about your case.
Time matters
Federal law generally allows two years from when a parent knew or should have known about the problem. Older gaps may still be worth asking about, but don't wait.
