7 Common IEP Violations Every North Carolina Parent Should Recognize (And How to Fight Back)

In North Carolina, your child has a constitutional right to a free and appropriate education, and if they have special needs, their Individualized Education Program (IEP) sets the standards for what their school must do to provide that education. A child’s IEP acts as a legally binding contract between the parents of a child with a disability and that child’s school district, protecting your child's right to appropriate educational services. Unfortunately, schools don't always follow these requirements, forcing families to navigate a complex enforcement system. These violations are important to address, as they can impact their child's educational progress. While this guide is not a substitute for professional assistance by an attorney or qualified parent advocate, it may help you determine whether you need to seek professional assistance to advocate for your child.

We know that teachers and other people working within our education system mean well, and that most of the time, most people want to do what is right. Many IEP-related failures are the result of teachers and administrators dealing with budget cuts, staff shortages, and other systemic failures—unfortunately that means that parents need to be extra diligent to make sure their children's IEP is being followed by their school. We are here to help.

Below are some of the most common IEP violations that we see come to our office, so if you feel like your special needs child isn’t making the progress that they should at school. We are publishing this to help you recognize when your child's rights aren’t being honored and empower you to take appropriate action. You don't have to do this alone, reach out to Disability Rights North Carolina and North Carolina Legal Services if you would like to seek professional assistance today.

1. Excessive Delays in Evaluations

An IEP evaluation is triggered when a student is suspected of having a disability that may be affecting their education. Parents, teachers, or other school personnel can make this referral at any time if they believe the child may need special education services. Once that written referral is made, federal law requires schools to complete initial evaluations within 60 calendar days of when you provide written consent to the evaluation. North Carolina law adds another layer of protection, requiring schools to complete the evaluation, determine eligibility, and develop an IEP within 90 calendar days of a written referral. Too often, schools fail to meet these deadlines.

At North Carolina Legal Services, we often see delays at this stage that slow down access to needed services. These delays aren't just bureaucratic inconveniences—they represent violations of your child's civil rights and can significantly impact their educational development.

What you can do: Document the dates when you submitted your consent or referral request. If deadlines pass without communication, send an email requesting an immediate update and completion timeline. Create a timeline of events related to your child's IEP, including when you sent that email, and save copies of all communications and documents related to the request. If the delays continue you can file a complaint with the North Carolina Department of Public Instruction if delays continue, but we strongly recommend meeting with an attorney before you do so.

2. Failure to Implement Required Services

Your child's IEP isn't a suggestion—their school must follow it, exactly as written. When schools fail to provide required services like speech therapy, occupational therapy, or specialized instruction, they're violating your child’s right to a free and appropriate education under federal law and North Carolina's constitution.

Common implementation failures include skipping therapy sessions, reducing service frequency without IEP team approval, or providing services that don't meet IEP standards.

What you can do: Track your child's services weekly using a simple calendar or log. When services are missed, document the date, service type, and reason given (if any). Send written notice to the school immediately and request compensatory education to make up for missed services. Schools are required to provide makeup services when they fail to implement the IEP as written.

3. Using Unqualified Personnel

Federal law requires schools to use appropriately trained and qualified personnel to deliver specialized services. When schools assign unqualified staff to provide speech therapy, behavioral support, or other specialized services, they're not meeting the standards that they agreed to in the IEP, violating your child's right to appropriate education. Services given by anyone other than a qualified professional do not count as a service under the IEP.

Across North Carolina, staffing shortages sometimes lead schools to substitute trained specialists with general education staff or paraprofessionals who lack necessary credentials and training.

What you can do: Ask about the qualifications of anyone providing specialized services to your child. Request written documentation of their credentials, training, and state licensing. If unqualified personnel are providing services, remind school officials in an email that only appropriately credentialed professionals can provide your child with IEP-related services, and request that the school provides makeup services from qualified providers for any services already provided inappropriately.

4. Excluding Parents from Decision-Making

Parents are equal members of the IEP team, with the right to meaningful participation in all decisions affecting their child's education. Schools violate this right when they make decisions before meetings, exclude parents from discussions, or fail to provide adequate interpretation services for non-English speaking families. At North Carolina Legal Services, we often hear from parents who felt decisions were made in advance or who needed interpretation services that were not provided.

Predetermination: when schools decide on services or placement before the IEP meeting: is a serious violation that undermines the collaborative process required by law.

What you can do: If you feel excluded from decisions, immediately request another IEP meeting. Bring an advocate or support person if needed. If language barriers exist, request an interpreter in advance. Document any instances where you feel decisions were made without your input and consider filing a procedural complaint if the school continues to exclude you from the process.

5. Wrongful Denial of Eligibility

Schools sometimes deny special education eligibility based on narrow interpretations of academic performance, overlooking students who struggle with behavioral, social, or emotional functioning. At North Carolina Legal Services, we often see students with solid grades but significant social or emotional needs denied eligibility. High-achieving students with disabilities like autism, ADHD, or anxiety disorders are frequently denied services because they maintain passing grades.

Educational performance encompasses more than just academics: it includes how a child functions socially, behaviorally, and emotionally in the school environment.

What you can do: If your child has a diagnosis and continues to struggle despite accommodations, request a detailed written explanation of the eligibility decision. You have the right to an Independent Educational Evaluation (IEE) at public expense if you disagree with the school's evaluation. The school must either agree to fund the IEE or file for a due process hearing to defend their evaluation—they cannot simply refuse your request. Consider consulting with a special education advocate or attorney to review the eligibility determination if you believe it was inappropriate.

6. Poorly Written or Inadequate IEPs

Effective IEPs must contain specific, measurable goals that address your child's unique needs. Vague goals like "will improve reading skills" or "will behave appropriately" don't provide clear targets for progress monitoring or accountability. Families across North Carolina tell us that vague goals make it hard to measure progress and hold the team accountable.

Every IEP must include your child's present levels of performance, specific measurable goals, detailed service descriptions with frequency and duration, and appropriate accommodations and modifications.

What you can do: Review your child's IEP carefully for vague language and unmeasurable goals. Request specific data on how goals will be measured and when progress will be reviewed. If goals are too general or don't address your child's needs, request an IEP meeting to revise them. Don't sign an IEP that doesn't adequately address your child's needs: you have the right to disagree with proposed services.

7. Inappropriate Disciplinary Actions

Students with disabilities have additional protections when facing school discipline. When schools suspend or recommend expulsion for students with IEPs, a Manifestation Determination Review must be held within 10 school days of the decision to change placement, and must determine whether the behavior was related to the child's disability. At North Carolina Legal Services, we often see confusion around these requirements, which can lead to missed reviews and improper removals.

Schools violate these protections when they fail to conduct required reviews, ignore the connection between disability and behavior, or impose punishments that deny access to educational services.

What you can do: If your child faces disciplinary action, immediately remind the school of their obligation to conduct a Manifestation Determination Review. Request that any behavioral issues be addressed through the IEP process rather than punitive measures. Document all disciplinary incidents and ensure your child continues receiving educational services during any suspension period.

Taking Action When Violations Occur

When you identify IEP violations, start with clear documentation. Keep detailed records of missed services, inappropriate responses, and all communications with school personnel. Send written notices about problems and request written responses within five business days.

Follow your district's chain of command systematically: begin with your child's teacher, then move to the principal, special education director, director of pupil services, and finally the superintendent if necessary. Maintain professional communication at each level while clearly stating your concerns and requested resolutions.

If school-level advocacy doesn't resolve violations, you have several options:

• File a complaint with the North Carolina Department of Public Instruction
• Request mediation through the state
• Initiate due process proceedings
• Consult with a special education attorney for serious violations

For more detailed guidance on what to do when your child's school fails to follow their IEP, see our guide on when schools fail to follow the IEP.

Remember that these procedural safeguards exist specifically to protect your child's educational rights. Taking action when violations occur not only helps your child but also ensures schools meet their obligations to all students with disabilities.

Moving Forward

Recognizing IEP violations requires vigilance, but addressing them effectively requires knowledge, documentation, and persistence. You are your child's best advocate, and understanding these common violations empowers you to ensure they receive the appropriate education they deserve.

When working with schools, maintain professionalism while standing firm on your child's rights. Most violations can be resolved through clear communication and collaborative problem-solving, but don't hesitate to seek additional support when needed.

For more detailed information about your rights in the IEP process, you can review our comprehensive guides on IEP violations in North Carolina and what to do when schools fail to follow IEPs. If you need additional support navigating complex IEP issues, North Carolina Legal Services provides guidance and representation for families facing educational rights violations. If you are a teacher, advocate, or nonprofit staff member, please consider sharing this guide with families you support across North Carolina.

This information is provided for educational purposes and does not constitute legal advice. Individual situations vary, and families facing complex IEP violations should consult with qualified legal professionals familiar with special education law.