What Happens When Service Minutes Were Not Delivered First Semester

By: Dr. Gabrielle Baker, President & Advocate

It’s a situation many families don’t discover until progress reports come home or the school year is already well underway: your child’s IEP or 504 plan includes specific service minutes, but those services were not fully delivered during the first semester. Whether it was speech therapy, occupational therapy, specialized instruction, or related supports, missed minutes are not a minor issue—they can have real educational impact.

Here’s what parents need to know and what schools are required to do when this happens.

First, service minutes are not optional. When an IEP team agrees to a service and documents minutes in the IEP, the district is legally obligated to provide them as written. Staffing shortages, scheduling conflicts, provider absences, or “we tried our best” explanations do not excuse missed services. If services were not delivered, the IEP was not implemented as written.

Second, missed minutes can constitute a denial of FAPE. When services are not provided, the school must consider whether the failure impacted your child’s progress or access to education. This is true even if the school claims your child is “doing okay” or passing grades. Progress must be measured against the IEP goals and the specialized supports that were supposed to be in place.

Third, the district has a responsibility to address missed services. This typically means the IEP team must reconvene to review what was missed, why it happened, and whether compensatory education is required. Compensatory services are not punishment; they are intended to place the student in the position they would have been in had services been delivered correctly. This can include make-up minutes, additional sessions, or extended services beyond the regular schedule.

Fourth, parents should request documentation. Ask for service logs showing when services were delivered, by whom, and for how long. If the logs are incomplete, inconsistent, or don’t match the IEP, that information matters. Written documentation is critical if the issue escalates to mediation, a state complaint, or due process.

Fifth, schools cannot simply “fix it going forward” without addressing the past. While improving implementation in the second semester is important, it does not erase the failure to deliver services earlier in the year. Teams must look backward and forward: what was missed, what impact occurred, and what supports are needed now.

Finally, put your concerns in writing. If you discover missed minutes, follow up with a written request to the case manager or special education administrator asking to review implementation and determine next steps. If the district refuses to address the issue, request Prior Written Notice documenting their refusal and reasoning.

Missed service minutes are more common than families realize, but they are not something parents have to accept quietly. Understanding your rights—and holding teams accountable—can make a meaningful difference in your child’s progress and support.