Handling Missing or Inaccurate IEP Minutes
By: Becca Phillips, Advocate
For many parents, after you leave your child’s IEP meeting with the school and you receive a finalized copy of their IEP, you may assume that everything that was discussed together as a team (Parents, YOU are a part of that team!) was recorded accurately and will be implemented as discussed. This includes all service minutes. A question we often get is: What do I do if I notice that something that was discussed in the meeting is now missing, inaccurate, or doesn’t match the verbal conversation we had during the IEP meeting?
IEP service minutes reflect the school’s legal obligation to provide specialized instruction and support. If they’re wrong or incomplete, then your child may not receive the help they’re entitled to or that they require. Here’s a clear, step-by-step guide for parents on how to handle missing or inaccurate minutes in their child’s IEP.
Immediately Review the IEP
After an IEP meeting, the school will provide you with a finalized copy based on conversations you had together as a team when reviewing the drafted IEP. Use this finalized copy of the IEP to compare what was discussed with what is written. Look carefully at the service minutes (including related services) and service delivery statement, location (inside the general education classroom or outside in a special education classroom setting), start and end dates, provider as well as the frequency.
If something looks off and is not what you agreed upon in the meeting, trust your instincts and reach out to the school team.
Check for Frequently Seen Errors
Errors that we commonly see or that we have parents reach out to us for support in navigating include the following:
Minutes being lower than what was agreed upon in the meeting
Missing services
Vague descriptions to services that include language such as “as needed” or “minimum minutes”
Change in delivery model without parent agreement
Services changed from direct minutes to consultation only minutes
Put Your Concerns in Writing to the School
Immediately put all of your concerns in writing to the case manager and you can always include a school administrator or special education coordinator or director to your email as well. Reference specific sections or pages of the IEP, state what was agreed upon during the meeting, what the final copy of the IEP states, and the corrections you are requesting. You always want to ensure you’ve received another finalized copy of the IEP after requesting any changes. Written communication protects you and establishes a timeline of concerns and requests.
IEP Amendment or IEP Meeting?
When you reach out to the team, if they are in agreement of the edits and it simply came down to a clerical error, the changes can be made through an IEP Amendment. With your consent, another meeting does not need to be held, which can help speed up the process. An IEP Amendment will allow the school to revise the errors on the IEP without having to reconvene the team as a whole.
If the school claims the minutes are in fact correct or if they are proposing lowering or changing services from what was discussed without clear justification, immediately request an IEP meeting to discuss the discrepancy. Ask the team to explain their proposal, request the data that supports their changes, and bring your own data, notes, reports, and observations. Services cannot simply be reduced for any of the following reasons:
Low staffing levels
New service delivery model
Provider is not available
Other students have greater needs
Any reduction to services must be tied to your specific child’s progress, not reduced because it is more convenient for the school or the staff.
When to Ask for a PWN
Under IDEA, schools must provide you with a Prior Written Notice (PWN), when any of the following occur: services change, services are denied, or the school refuses to make a parent requested revision.
A PWN must include details around what the school is refusing, why, what data was used to support their decisions, and other options considered. If schools are adjusting or altering services without justification, this PWN is a crucial form of documentation for protection.
Asking for Compensatory Services
If inaccurate IEP minutes led to reduced services, your child could receive those minutes made-up to them through compensatory education minutes. This essentially restores the services that were lost. Some common instances that you may see when compensatory services are requested include:
Minutes being listed wrong, resulting in the incorrect quantity of service minutes
A service was not started because minutes were missing from the IEP on a clerical error
Group services were listed as individual or vice versa
A provider stated during the meeting they would remain at say 30 minutes per week of support, but the final IEP accidentally listen consult-only services
Different frequency
Incorrect location (ie. push in services vs. pull out services)
If ESY services were discussed and agreed upon but not written into the IEP
Services began after the start date listed in the IEP
The school team intentionally reduced minutes from what was discussed without providing the parents a PWN and the parents therefore parents did not know to object
Moral of the Story…
IEP service minutes are at the backbone of direct specialized support for your child. Missing or inaccurate minutes can greatly limit services (especially over time!), reduce or hinder progress, and cause unnecessary setbacks to your child's learning and growth. When we document errors and communicate it to the school promptly, you are not only advocating for what’s right for your child, but you’re also ensuring that your child is receiving the support they are legally entitled to in a timely manner.
Speaking up and voicing your concern is not just being an advocate for your child, it is safeguarding their right to a free and appropriate education.
