What Happens If the New School Year Starts and Your Child's IEP Isn't Ready

August is weeks away. You haven't heard from the school. No meeting scheduled, no final IEP document, no confirmation that services are lined up. Maybe the annual review happened in May and the paperwork still isn't signed. Maybe your family moved this summer and the new district says they need time to "get things in order."

None of that is a legal excuse. When the school year starts, your child's IEP services have to start with it.

Every August, parents contact me about this exact situation. The school drags its feet. The parent assumes it's normal. And by October, the child has lost two months of services that nobody is calling "missed" because nobody put it in writing. Put it in writing. Today. — Tabaitha

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What the Law Actually Requires

Under IDEA, a child with an IEP is entitled to a free appropriate public education (FAPE) beginning on the first day of school. That means:

• Services must be in place when school starts — not scheduled to begin "soon"
• The IEP must be implemented as written from day one
• A new school or new teacher not being familiar with the IEP is not a valid reason to delay

The school year is not a grace period. Services owed on September 5 are owed on September 5.

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The Five Most Common "Not Ready" Scenarios

Scenario 1: Your Child Is New to Special Education and the Evaluation Isn't Done

If you submitted a written evaluation request in the spring and the school hasn't finished the evaluation by the time school starts, services aren't in place yet — because your child hasn't been found eligible yet.

What the law requires: Schools have 60 calendar days from receipt of your written consent to evaluate and hold an eligibility meeting (some states have shorter timelines). They cannot use summer break as a pause button. If you consented in April, the clock was running through June, July, and August.

What to do: Contact the school in writing and ask for the current status of the evaluation and the scheduled date of the eligibility meeting. If the timeline has passed, that's a procedural violation — note it in writing and file a state complaint if they don't provide a firm date immediately.

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Scenario 2: The Annual Review Happened But the IEP Isn't Finalized

Annual IEP meetings sometimes end without a signed document — the team agrees to add language, revise a goal, or clarify a service level, and the paperwork gets finished "later." If school starts and the IEP isn't finalized, there's ambiguity about what services are actually required.

What to do: Send a written request asking for the final IEP document and confirmation of which services are starting on the first day. If you haven't signed consent for the new IEP, the previous year's IEP governs — and those services must continue.

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Scenario 3: Your Family Moved to a New District or State

A new district inheriting an IEP from another state is still legally obligated to provide services.

Within the same state: The new district must immediately implement the IEP from the previous district while completing any required reevaluation.

Moving from a different state: The new district must provide services "comparable" to those in the previous IEP while completing a new evaluation to determine eligibility under the new state's criteria. "We need to evaluate first" is not an excuse to provide nothing — comparable services start immediately.

What to do: Bring a copy of the current IEP to enrollment. Submit a written notice that your child has an active IEP and request written confirmation of which services will be in place on the first day.

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Scenario 4: Services Are Listed in the IEP But Haven't Been Scheduled

Speech therapy is written in for three sessions per week. School starts in two weeks. No one has contacted you about a schedule.

This is one of the most common violations — and one of the easiest to document.

What to do: Email the special education coordinator or case manager now and ask for the specific dates and times that each IEP service will begin. Request this in writing. If the first week of school passes with no services, that's a documented failure to implement — and it starts the compensatory services clock.

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Scenario 5: The New School Claims They Don't Have the IEP

This happens more than it should. Your child transitions to middle school, or your family moved, and the new school says the records never arrived.

What to do: Hand-deliver or email a copy of the IEP directly to the special education coordinator before the first day if possible. If you don't have a copy, you're entitled to one — request it from the previous school in writing immediately. Keep a digital copy of every IEP you've ever signed.

The new school's administrative failure to transfer records doesn't suspend your child's rights.

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Stay-Put: The Protection Most Parents Don't Know About

If there's a dispute about what the IEP says — or if the school wants to change services and you disagree — your child has the right to remain in their current placement with their current services while the dispute is resolved.

Stay-put means the school cannot reduce or eliminate services unilaterally during a disagreement. If the school is trying to use the new school year as a reset to offer fewer services, stay-put applies.

Invoke it in writing: "I am invoking my child's stay-put rights under IDEA 20 U.S.C. § 1415(j). Current services must continue as written in the most recent agreed-upon IEP until this matter is resolved."

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If Services Don't Start on Time: Compensatory Services

When a school fails to deliver IEP services — including at the start of the school year — the child is entitled to compensatory services: make-up sessions to compensate for what was lost.

The school isn't off the hook just because they were "getting organized." Document every missed service from day one. Request compensatory services in writing as soon as a delay is confirmed. The longer you wait, the harder it is to establish exactly what was missed.

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What to Do Right Now (Before School Starts)

1. Pull out your child's current IEP. Confirm exactly what services are written in — type, frequency, and duration.
2. Email the case manager or special education coordinator today. Ask which services will be in place on the first day of school and who will be providing them.
3. Request confirmation in writing. A response that says "we'll figure it out" is not confirmation.
4. If your family moved, hand-deliver a copy of the IEP to the new school before the first day.
5. If the IEP isn't finalized, ask specifically which version is governing and what services are currently in effect.
6. Document everything from day one. Keep a log of which services happen, which are missed, and who you spoke to and when.

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FAQs

Does the school have to have services in place on the first day of school?

Yes. Under IDEA, services must be implemented as written in the IEP at the start of the school year. A new school year does not give the district a grace period to organize services that were already required.

What if my child's IEP expired over the summer?

An IEP doesn't technically expire — services remain in effect until a new IEP is agreed upon. If the annual review is overdue, the previous IEP governs. The school must implement those services until a new IEP is signed.

My family just moved to a new state. Does the old IEP still apply?

The new district must provide "comparable" services to those in the previous state's IEP while completing a new eligibility evaluation. They can't make your child wait for services while the evaluation is underway.

What if the school says they're still scheduling services and it'll take a few weeks?

Put your concern in writing immediately. State that the IEP requires services to begin on the first day and ask for a written explanation of the delay. Delays in service delivery generate compensatory service obligations — the school is creating a debt they'll have to repay with make-up services.

Can I invoke stay-put if the school wants to reduce my child's services for the new school year?

Yes. If the school proposes a new IEP with reduced services and you disagree, stay-put requires the previous services to continue while the dispute is resolved. Don't sign a new IEP under pressure if you believe it reduces what your child needs.

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For more on IEP enforcement and your parent rights, visit our IEP vs. 504 Guide.

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The School Appeal Letter Templates include a ready-to-use letter requesting written confirmation of service start dates, a compensatory services demand letter, and a stay-put invocation — everything you need to put the school on notice before the first week is over.

If your child's IEP hasn't been implemented correctly and you want expert eyes on the document before school starts, the IEP & ARD Paperwork Review Service identifies exactly what should be in place and gives you the language to request it.

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The information in this post is for general educational purposes only and does not constitute legal advice. IDEA timelines and procedures may vary by state. If you believe your child's rights are being violated, contact your state's Parent Training and Information Center (PTI) or a qualified special education advocate promptly.