More than 7 million students receive special education services under the Individuals with Disabilities Education Act. That is about 15 percent of public school students, according to the National Center for Education Statistics. At the same time, failure to implement IEPs remains one of the most common findings in state complaints and federal monitoring.
That context matters, because recently I saw a post on LinkedIn where a teacher shared that they “shelve” a student’s IEP until they see that the child needs it, and then decide what to do from there.
I want to be very clear. That practice is illegal.
What IDEA Actually Requires
An Individualized Education Program is not a suggestion or a backup plan. It is a legally binding document under federal law.
IDEA is explicit about implementation.
Federal regulations state:
“Each public agency must ensure that the IEP is implemented as written.”
34 C.F.R. § 300.323(c)(1)
The law also addresses timing:
“As soon as possible following development of the IEP, special education and related services must be made available to the child in accordance with the child’s IEP.”
34 C.F.R. § 300.323(c)(2)
There is no provision in IDEA that allows a school or a teacher to delay services, shelve an IEP, or selectively implement only certain parts once it is developed and consented to.
An IEP is required precisely because the team already determined that the student needs those supports to access their education.
Why “Wait and See” Is a Problem
The idea of waiting to see if a child struggles before providing support misunderstands both the purpose of an IEP and the law itself.
An IEP is not an intervention trial. It is not something a student earns after failing. It exists to prevent barriers from limiting access in the first place.
When schools wait to implement an IEP, they are knowingly withholding supports that the team already agreed are necessary. That is not a professional judgment call. It is noncompliance.
And the harm is predictable. Academic gaps widen. Behavioral concerns increase. Students internalize failure that could have been prevented.
Students With IEPs Are Not Less Capable
Another troubling implication of shelving an IEP is the belief that students should prove they need support.
Students with IEPs are not lazy, unmotivated, or less intelligent. They have identified needs. The IEP outlines how those needs are addressed so they can access instruction alongside their peers.
An IEP is about equity and access. Not ability.
What Schools Are Not Allowed to Do
To be clear, IDEA does not allow schools to:
Delay implementation until a student struggles
Ignore accommodations due to staffing or scheduling issues
Decide that services will begin later if needed
Pick and choose which parts of an IEP are followed
Condition services on behavior, grades, or effort
If an IEP cannot be implemented as written, the solution is to reconvene the IEP team and revise the plan. The solution is never to ignore it.
What Parents Can Do When an IEP Is Not Being Followed
If you are a parent and you suspect that your child’s IEP is not being implemented, here are concrete steps you can take.
1. Ask for documentation in writing
Request written confirmation of how each IEP service, accommodation, and goal is being implemented. Ask for schedules, service logs, and progress monitoring data.
2. Follow up with an email
Summarize concerns in writing and reference the IEP directly. Use clear language such as, My child’s IEP requires X. This is not currently happening.
3. Request an IEP meeting
You do not need to wait for an annual review. Parents can request a meeting at any time to address implementation concerns.
4. Request Prior Written Notice
If the school refuses or delays implementation, ask for Prior Written Notice explaining why. Schools are legally required to provide this.
5. Escalate when necessary
If issues continue, parents can file a state complaint or request mediation or due process. These options exist because implementation failures are common and serious.
What Teachers Can Do When Systems Are the Barrier
Teachers are often put in impossible positions. You may want to follow the IEP but lack support, training, or resources.
Here are steps educators can take.
1. Ask for clarification and support in writing
If you are unable to implement an IEP as written, communicate that concern to administration in writing.
2. Document barriers
Keep records of staffing shortages, scheduling conflicts, or directives that prevent compliance.
3. Advocate for the student
An IEP is a student civil rights document. Raising concerns is not insubordination. It is professional responsibility.
4. Request team problem solving
If an IEP cannot be implemented as written, the solution is not to ignore it. The solution is to reconvene the IEP team and revise the plan legally.
The Bottom Line
IDEA exists to prevent exactly what happens when IEPs are shelved.
The law is unambiguous.
“Each public agency must ensure that the IEP is implemented as written.”
34 C.F.R. § 300.323(c)(1)
IEPs are not optional. They are not flexible guidelines. They are enforceable legal commitments.
Students deserve what the law already promises them.