Signs Your Child's IEP Is Wrong
Most parents who call us were told by the school that their child's IEP is appropriate. Most of the time, those parents were right to be suspicious. After 27 years and 800+ cases against the Hawaii DOE, we know exactly what an inadequate IEP looks like — and what to do about it. If you recognize any of these signs, call us. The consultation is free.
Red Flag 1: Your child isn't making progress — but the school says they are
If your child is falling further behind their peers, struggling in class, or regressing — but the school keeps telling you everything is fine — trust your instincts. Under IDEA, progress must be meaningful and measurable. Generic progress reports that say "making progress" without data are a red flag.
Bring us the progress reports. We know what real data looks like.
Red Flag 2: The IEP looks the same every year
IEPs must be individualized and updated annually to reflect your child's current needs. If your child's IEP goals look nearly identical year after year, that is a sign the school is not genuinely evaluating your child's progress. It is also potentially a violation of IDEA.
Red Flag 3: Services were reduced without explanation
The DOE cannot reduce your child's services without evaluation data to justify the change and your meaningful participation in the decision. If services were cut — hours reduced, therapy dropped, supports removed — without a proper evaluation and your agreement, that is a violation.
Red Flag 4: The school decided before the meeting
If you walked into the IEP meeting and the school already had a completed document ready to sign, the outcome was predetermined. This is called a "predetermined IEP" and it is a procedural violation under IDEA. Your right to meaningful participation was denied.
Red Flag 5: Your child keeps getting sent home
Repeated early pickups, shortened school days, or informal suspensions — sometimes called "soft exclusions" — are almost always a violation. Your child is entitled to their full school day and all IEP services. Document every instance with dates and times.
Red Flag 6: The school says your child doesn't need what the evaluation recommends
If an independent evaluator or the school's own evaluation recommends specific services and the IEP doesn't include them, the school owes you a written explanation. If they cannot justify the discrepancy, it is a violation.
Red Flag 7: You were rushed through the meeting
IEP meetings must give parents a genuine opportunity to participate. If you were handed documents at the door, rushed through signatures, or told "we just need your signature today," your procedural rights were violated.
Red Flag 8: The placement is about cost, not your child
The DOE is not allowed to place your child based on what is cheapest. Placement must be based on your child's individual needs. If you hear "we don't have that program" or "the budget doesn't allow for that," those are not legal justifications under IDEA.
Red Flag 9: Related services are missing or minimal
Speech therapy, occupational therapy, counseling, physical therapy — if your child needs these services and the IEP provides minimal hours in a group setting when your child needs individual therapy, that may not constitute FAPE. Quantity and delivery model both matter.
Red Flag 10: The school discourages you from bringing an advocate or attorney
You have the right to bring anyone you choose to an IEP meeting — including an attorney. If the school tells you that bringing a lawyer will make things adversarial or that it isn't necessary, that is a pressure tactic. IDEA guarantees your right to representation.
Recognize Any of These Signs?
Call us. The consultation is free, confidential, and carries no obligation. After 27 years and 800+ cases, we can usually tell you in one conversation whether your child's IEP is adequate — and what we can do if it isn't.
