California Special Education Law

Advocacy Resources, Hearing & Appeal Decisions, Statistics and More for Parents

Delay in Implementing IEP

What happens if the district delays in implementing my child’s IEP?

A delay in implementation of an IEP can constitute a denial of FAPE by the district. In one case, the district failed to offer a 10-year-old child with autism the services of an inclusion specialist, which was necessary for him to benefit from mainstreaming. The hearing officer found that the district breached its FAPE obligation to the child by:

  1. failing to provide the child with appropriate mainstreaming, and
  2. failing to offer a school based placement in a timely manner following the development of the IEP.

This means that if a district substantially delays the implementation of a child’s IEP, it is a denial of FAPE.

San Lorenzo Valley Unified Sch. Dist., 37 IDELR 107 (SEA CA 2002)