Navigating IEPs and IEP Service Minutes When Your Child Has a Substitute Teacher
By: Becca Phillips, Advocate
For many families and parents, there are a few things you hear that may trigger anxiety instantly and one of those may be “Your child has a substitute teacher.” Your immediate wonderings may be: Will my child still receive their special education services? If their provider is absent, what happens with the service minutes in their IEP? How will a substitute who doesn’t know my child’s needs or accommodations support them?
As a parent with a child who has an IEP, this can raise legal concerns, thus understanding IDEA (Individuals with Disabilities Education Act) and what it says will help you advocate when a substitute teacher is the one working with your child.
Regardless Who is Teaching Your Child, the IEP is a Legal Document
Under IDEA, the minute your child’s IEP is developed, agreed upon, and finalized, the school district is legally obligated to implement it as written. 34 C.F.R. § 300.323(c)(2) states “As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child's IEP.” There are no exceptions that allow schools to delay, ignore, or suspend IEP services because a staff member is absent and a substitute teacher is present. Legally, the IEP must still be implemented as written, regardless of staffing. Staffing shortages are a district issue, not a parent or student issue.
In relation to personnel qualifications, 34 C.F.R. § 300.156(a) states that “The SEA must establish and maintain qualifications to ensure that personnel necessary to carry out the purposes of this part are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities.” Because of this, substitute teachers should meet state qualification standards and services cannot be delivered to students on an IEP by unqualified staff simply to “check a box” that services were provided. If a qualified substitute teacher is not available to provide your child with their IEP services, the school and district is responsible for any missed services.
What Happens to IEP Service Minutes When a Provider is Absent?
Inevitably much like any other profession, your child’s teacher(s) will need to take personal time off throughout the school year. For your child who has an IEP, IDEA is clear that failure to implement portions of the IEP results in a denial of your child FAPE (Free Appropriate Public Education). When IEP services are missed because the special education teacher is out, a related service provider is out, or there is no substitute teacher available for that day, the school must track any missed IEP minutes and provide compensatory (or make up) services when appropriate. Compensatory services or compensatory education occurs when services are not provided.
In relation to accommodations, they must continuously be implemented in the general education classrooms when the gen ed teacher is absent. 34 C.F.R. § 300.323(d)(2) is clear that “Each public agency must ensure that the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP”. It is important that substitute teachers are informed by the school of the child’s accommodations, follow Behavior Intervention Plans (BIPs) if they exist, and understand any other needs when the regular teacher is out.
How Do I Make Sure My School is Prepared for Substitute Teachers?
There are proactive steps you can take as a parent for the day(s) when any of your child’s teachers or providers are absent throughout the school year.
Ask How the School Prepares Their Substitute Teachers: Ask in writing how substitutes in the building are informed of IEP services and accommodations - Are they provided an IEP snapshot? Are they given a folder with IEP summaries or a checklist of accommodations? Will the special education teacher/team come pick the student up for their services or is the general education substitute responsible for sending them for their services at a certain time?
Request Documentation of Any Missed Minutes: If services are missed, ask the school to document the absence of that staff member and request a record (log) of missed IEP service minutes to ensure they are made up.
Send a Follow Up in Writing: After you know your child has had a substitute teacher, you can email the school team with a simple email that says “I understand there was a substitute teacher (in my child’s general education class/for my child’s special education teacher/provider). Can you please confirm whether my child’s services and accommodations were implemented as written in their IEP?”. This creates a paper trail and holds accountable to ensure their minutes and needs have been met or will be provided through compensatory minutes.
Address Any Patterns: Occasional absences are going to happen. Your child’s teachers are normal human beings who take time off like any other profession. That is not atypical. However, patterns of missed services (whether or not the teacher(s) are absent), are where concerns with IDEA may arise. If you notice patterns and repeated gaps in services or accommodations, request an IEP meeting, discuss compensatory services, and ask how the school plans to ensure consistent implementation of your child’s IEP.
Final Thoughts
Substitute teachers are a reality in every school system in every school district across the nation. Under IDEA, your child is protected in that their rights do not get “a day off” when a substitute teacher is present. The law is very clear that once your child has an IEP in place, schools are responsible for implementing it as written, in its entirety, and that includes being consistent even when there is a substitute. An IEP is not a suggestion that applies only when staffing is ideal or when your child’s everyday teachers are present.
When substitute teachers are present, preparation on the school’s end, and clear communication, is crucial to ensuring accountability and that accommodations and services continue to occur. Ask informed questions to ensure compliance so that you can protect your child’s right to a Free Appropriate Public Education. By no means do you need to be confrontational, but asking clear questions, following up in writing, and monitoring patterns are powerful tools in addition to understanding IDEA requirements. Knowing your child’s rights can shift the tone of conversations and prompts the school to take proactive steps in the event of absences.
For students with special needs and IEPs, consistency matters. They rely on predictable support and schedules in order to make meaningful progress, so when substitutes are unprepared or services do not occur, it can have negative impacts - academically, emotionally, and even behaviorally.
Your child’s right to FAPE does not take a day off, even if their teacher(s) have the day off.
