Examples of IEP Violations: 15 Real Situations That Count

Any time the school fails to deliver a service, accommodation, or procedural protection written into the IEP, it's a violation under IDEA. That includes the "small" things — not just missed therapy sessions.

The 3 Categories of IEP Violations

• Service violations — minutes, frequency, or setting don't match the IEP
• Accommodation violations — supports listed aren't being provided
• Procedural violations — the school skipped a required step (notice, consent, timelines)

Service Violations

1. Speech therapy delivered in a group when the IEP says "individual." Setting is a service term — changing it requires an IEP amendment.
2. OT missed for 3 weeks because the therapist was on leave. Schools must provide coverage. Missed minutes = comp services owed.
3. Reading intervention scheduled during lunch. Pulling a child from non-instructional time still has to be in the IEP.
4. Counseling sessions skipped because the child "didn't want to go." The school can't drop services based on student preference without an IEP meeting.

Accommodation Violations

5. Extended time on tests not given in one specific class. Accommodations apply everywhere — not just where convenient.
6. Sub teacher doesn't know about sensory breaks. The school is responsible for training every adult who works with your child.
7. "Preferential seating" ignored because the seating chart was changed. Common and provable — take a photo of the chart.
8. Assistive technology not available or not charged. Equipment failures count.
9. Behavior plan (BIP) ignored during a meltdown. If the BIP says "offer a break," restraint or suspension instead is a violation.

Procedural Violations

10. Annual IEP meeting held more than 365 days after the last one. Hard deadline. No exceptions.
11. Evaluation not completed within 60 days of consent (most states). Your state may be tighter.
12. No Prior Written Notice (PWN) when the school refuses a parent request. Required by IDEA every single time.
13. Progress reports not sent on the schedule listed in the IEP. "Quarterly" means quarterly.
14. IEP meeting held without the required team members. You can refuse to sign.
15. Parent not given draft IEP before the meeting after requesting it. Drafts should be provided in advance for informed participation.

What's Not a Violation (Common Misconceptions)

• A teacher being "mean" or "uncaring" — frustrating, but not an IDEA violation unless it crosses into denial of FAPE
• Your child not making the progress you hoped for — only a violation if goals weren't progress-monitored or services weren't provided
• A staff change mid-year — allowed, as long as the IEP is implemented