What Evidence Is Needed to Prove a School Violated IEP Requirements?
Parents of children with disabilities often rely on Individualized Education Programs (IEPs) to secure appropriate services and accommodations for their child’s education. When schools fail to meet their IEP obligations, it can harm the child’s progress and lead to disputes.
In Maryland, as in other states, the burden of proof usually falls on the party bringing the complaint, which means parents and their attorneys must gather convincing documentation to support their claims. Our staff at Advocates for the Voiceless in Riverdale Park, Maryland, knows the kinds of evidence that may support a claim under disability law.
Defining an IEP Violation Under Disability Law
An IEP violation occurs when a school fails to implement the provisions outlined in a student’s IEP. These provisions can include academic services, behavioral supports, speech therapy, physical accommodations, and specific teaching methods.
Under federal and Maryland disability law, schools are legally obligated to carry out every part of the IEP with fidelity.
Violations may range from failing to provide speech therapy minutes, to ignoring assistive technology requirements, to removing supports without conducting a proper IEP meeting.
While not every mistake amounts to a legal violation, repeated or significant failures may meet the threshold for action under the Individuals with Disabilities Education Act (IDEA) and corresponding state regulations.
Reviewing the IEP Itself
The IEP is the foundation of any claim. It sets the expectations for what the school must do. Before collecting other forms of evidence, families should obtain and carefully review the finalized IEP. This document outlines:
The student’s current academic and functional levels
Annual goals
Special education services
Related services (e.g., occupational therapy, speech therapy)
Accommodations and modifications
Placement decisions
Progress reporting timelines
If the school hasn’t followed any of the written components, that may indicate a violation. Highlighting specific sections that weren’t implemented helps organize the complaint and supports the legal argument under disability law.
Documenting Service Delivery Failures
One of the most common IEP violations involves a failure to provide agreed-upon services. To prove this, parents should maintain thorough records of:
Missed therapy sessions
Lack of resource room access
Absence of one-on-one support
Unimplemented behavior intervention plans
Evidence may include attendance logs, service provider notes, and therapy schedules. Parents can also request service delivery records directly from the school or through a public records request under Maryland law. If records show inconsistent service or unexplained absences, that information can support the argument that the school failed to carry out its IEP obligations.
Gathering Correspondence & Communications
Emails, meeting notes, and written communications can be critical. These records often reveal a school’s knowledge of the problem and its response, or lack thereof. Communications may show that the parent raised concerns about missed services or requested meetings that were denied or delayed.
When these communications are frequent and unanswered or when school personnel admit to gaps in service, they may serve as compelling evidence. Parents should store all communications in a single folder and keep a timeline of events that can be referenced during any legal proceedings.
Tracking Academic & Behavioral Progress
Evidence of regression or lack of progress can support claims under disability law. Although not every dip in performance points to a legal violation, a pattern of stagnation or decline—particularly when the IEP isn't being followed—can demonstrate harm caused by the school’s inaction.
Progress reports, report cards, and standardized test scores can be compared with the student’s IEP goals. When a student falls far short of annual benchmarks or fails to receive scheduled assessments, it may indicate the IEP hasn’t been implemented correctly. Parents can also seek input from private tutors or therapists who track progress independently.
Using Witness Testimony
Testimony can provide valuable context that written records may not fully capture. In some cases, service providers, aides, or even former school employees may be willing to confirm that services weren’t delivered or that practices differed from the IEP’s requirements.
Parents can also testify about what they observed—such as their child coming home early from school repeatedly or reporting that they didn’t attend scheduled sessions. Witnesses who work with the child outside of school can testify about behavioral changes or skill regression that followed the missed services.
Requesting Observation & Independent Evaluation
If a parent suspects that the IEP isn’t being followed, observing the classroom environment or requesting an independent educational evaluation (IEE) can uncover relevant information. Under IDEA, parents may have a right to observe their child’s program, depending on district policy and state rules.
An IEE conducted by a qualified professional can highlight educational needs that aren’t being met. If the evaluation results conflict with the school’s assessment or demonstrate service deficiencies, they can support claims that the IEP was inadequate or not fully implemented.
Recording Missed Meetings & Procedural Failures
IEP meetings are a key part of ongoing service planning. If the school fails to convene meetings annually—or more often when required—it may violate procedural rights under disability law. Parents should track:
Meeting notices
Meeting dates and minutes
Canceled or rescheduled meetings
Instances where input was dismissed or ignored
Missing a deadline to review or revise an IEP can result in outdated services that don’t match the student’s current needs. Likewise, excluding the parent from the process or making changes without consent may be unlawful.
Identifying Pattern Violations
Sometimes, a single missed session may not justify legal action. But when failures are systemic or chronic, the pattern may point to deeper noncompliance.
Patterns may also appear in:
Recurring staffing shortages
A school's lack of documentation
Inconsistent implementation across classrooms
When presenting a pattern of failures, show both the frequency and negative effects on the student. This reinforces that the school hasn’t upheld its obligations under disability law.
Organizing Evidence for a Complaint
Once the relevant documents and records are collected, organizing them effectively is essential. Parents or attorneys preparing for a hearing or mediation should consider grouping materials by category:
IEP documents and revisions
Communications with the school
Logs of missed services
Academic performance records
Evaluations and assessments
Witness statements
Creating a timeline that matches the evidence to specific dates can also help clarify how events unfolded. When presenting the case, the clearer and more chronological the evidence is, the more persuasive it may be.
Preparing for a Due Process Complaint
Filing a due process complaint under IDEA is a formal step, and the evidence described above will be central. Maryland has specific procedures for filing such complaints, including timelines and hearing requirements. Before filing, many families participate in mediation or resolution sessions.
Legal arguments in these cases typically focus on the school’s failure to implement the IEP as written and the educational harm that followed. Evidence should support both points: the breach and the result. In some cases, families may also seek compensatory education to make up for lost services.
Considering State-Level Options
Maryland parents also have the right to file a state complaint with the Maryland State Department of Education (MSDE). This is a separate process from a due process hearing and doesn’t involve testimony or formal hearings. Instead, the department investigates and issues written findings.
Filing a complaint with MSDE also requires documentation. Much of the same evidence—written communications, service records, and academic data—can support a claim. If the department finds the school in violation, it may order corrective action.
Seeking Legal Support for Disability Law Violations
Violations of IEPs often fall under both federal and Maryland disability law. While families may advocate for their children independently, legal representation can help clarify what evidence is most persuasive and how to present it.
An attorney familiar with disability law can help interpret school records, request discovery, and build a compelling narrative. This support can be particularly valuable in due process proceedings, where procedural rules and evidentiary standards must be followed.
Proving that a school violated IEP requirements takes more than frustration or suspicion. It requires specific, organized, and timely evidence that shows what was promised and what failed to occur. Documentation shouldn’t only identify missed services or procedural failures, but also connect those failures to educational harm.
Take Legal Action
Suppose there’s concern that a school is violating IEP obligations. In that case, it may be time to review the available documentation and speak with a strategic attorney familiar with disability law to evaluate next steps. Serving Riverdale, Maryland, and beyond, contact our staff at Advocates for the Voiceless today for more information.
