In this solo episode of Stress-Free IEP, Frances Shefter steps in after a last-minute scheduling conflict with a planned guest and tackles a question she hears all the time:
“What do I do if the school isn’t implementing my child’s IEP?”
It’s a frustrating place to be. Your child has a legal document outlining supports and services — and yet, things aren’t happening the way they should. Or worse, your child isn’t making progress.
Frances breaks it down clearly: you have options. But you need to decide your end goal first.
First: Clarify What You Want
Before jumping into meetings or disputes, Frances urges families to take a step back and answer one key question:
Do you want your child to remain in their current school setting — or are you open to a more restrictive placement?
That answer shapes everything.
Some families want to preserve the homeschool model — meaning their in-boundary public school — and add supports. Others are open to exploring more specialized programs or schools. Neither answer is wrong. But you can’t build a strategy without knowing your destination.
Option 1: Reconvene and Strengthen the IEP
If the school isn’t implementing the IEP or your child isn’t progressing, one possible step is to call an IEP meeting and revise the plan.
Frances is very clear about one legal principle:
Least Restrictive Environment (LRE) Means General Education
There’s often confusion about this. “Least restrictive” does not mean a slightly smaller class or a different special education setting.
Least restrictive environment means general education. Period.
Everything else — pull-out services, special education classrooms, separate programs — is more restrictive because it reduces time with general education peers.
So if your child is in general education and struggling, the first step may be to “beef up” the IEP:
-
Add a co-teacher
-
Increase adult support
-
Add more supplementary aids and services
-
Increase specialized instruction
If those changes are implemented properly and still don’t work, then it may be time to look at more restrictive options.
Option 2: Consider a More Restrictive Environment
Here’s the legal reality Frances highlights:
If a child is not progressing toward IEP goals or grade-level expectations, the law often pushes toward a more restrictive environment as the solution.
Sometimes that’s appropriate. Sometimes families strongly disagree.
But the decision has to be intentional.
A more restrictive placement could mean:
-
A county-based special education program
-
A separate special education classroom
-
A non-public special education school
And that brings up an important clarification.
Non-Public vs. Private Schools: What’s the Difference?
Frances corrects something she previously oversimplified.
Not all private schools are the same.
Non-Public Schools (Special Education Schools)
These are private schools that public school systems may fund when they cannot meet a child’s needs internally.
-
All students have IEPs
-
The school must implement IEPs
-
They specialize in special education
In Montgomery County, examples include:
-
Ivymount
-
Katherine Thomas School
These are specialized special education schools.
Private Pay Schools
Other private schools — such as McLean or Fusion Academy — operate differently.
-
Families pay tuition directly
-
They are not required to implement IEPs
-
They are structured differently under the law
That distinction matters when families are exploring options.
What If There’s No Good Fit?
Sometimes families explore programs and nothing feels right. Or the financial piece makes private placement unrealistic.
Frances addresses another path families consider:
Homeschooling
But she draws an important distinction.
Homeschooling is not the same as home and hospital instruction.
Home & Hospital Instruction
-
Determined by the school system
-
Used for medical or mental health reasons
-
The county provides instruction
-
Often temporary
Homeschooling
-
The family withdraws the child
-
The parent assumes responsibility for education
-
A formal notice must be filed
-
Requirements vary by state and county
Families may need to:
-
Maintain portfolios
-
Submit documentation
-
Demonstrate instruction is happening
There are also umbrella organizations that oversee compliance. They don’t teach your child, but they handle record-keeping and reporting requirements, which can relieve some pressure from parents.
Homeschooling isn’t feasible for every family. But it is one of the available options.
The School Cannot Say “There’s Nothing Else”
This is a critical point.
A school cannot legally say:
-
“We’ve done all we can.”
-
“There’s nothing else available.”
-
“Take it or leave it.”
School systems are required to provide a continuum of services — from least restrictive to more restrictive placements.
That continuum must exist.
Now, the school may disagree with you. They may argue that your child is progressing and doesn’t need a different placement. That becomes a dispute about data and progress.
But they cannot claim that no additional options exist.
If your child is not progressing, the team must consider where on the continuum of services your child belongs.
The Big Takeaway
When the IEP isn’t being implemented or your child isn’t making progress, you are not stuck.
You have choices:
-
Revise and strengthen the IEP in the current setting
-
Add supports and services
-
Explore more restrictive programs
-
Consider non-public special education schools
-
Evaluate private pay options
-
Look into homeschooling
The key is deciding what outcome you want first — and then building a plan around it.
As Frances reminds families, this topic comes up constantly because so many parents feel trapped. But you’re not without options.
And if you’re unsure what path makes sense, that’s where asking questions — and building your village — comes in.
For more on specific school models and placement options, check out related episodes on Fusion Academy and conversations with experts like Rich Weinfeld about how to evaluate school choices.
Next week’s episode will dive into what schools should actually be measuring — IEP data, tutoring, and support — with Joanna KDR.
