My Child's IEP Is Not Being Followed: What Ontario Parents Can Do, Step by Step

The IEP says extra time and a scribe. The test came home with neither. This page is for the Ontario parent holding a signed plan and watching a school day that does not match it: what "not being followed" looks like, what the regulation requires, and who to escalate to in what order.

Key facts

• An IEP is required for every student an IPRC identifies as exceptional. The principal must consult you in developing it (s. 6(6)) and send a copy within 30 school days after placement (O. Reg. 181/98, s. 6(8)).
• The regulation names no penalty, no fine and no offence for a board that fails those duties, and no route to a court.
• Education providers have a Human Rights Code duty to accommodate to the point of undue hardship, which the OHRC says exists "whether or not the student has gone through a formal IPRC process, or has an IEP."
• Only three considerations count toward undue hardship: cost, outside sources of funding, health and safety.
• Every district school board must establish a Special Education Advisory Committee, which meets at least 10 times a school year and may recommend to the board on any matter affecting special education programs (O. Reg. 464/97, ss. 2(1), 9(8), 11(1)).
• The Ontario Ombudsman has taken school board complaints since September 1, 2015, and asks parents to try the teacher, principal and superintendent first (Ombudsman Ontario).
• You may request an IPRC review in writing after a placement has run three months (s. 21(1)(b), 21(2)); appeal windows are 30 days, or 15 days after a follow-up meeting (s. 26(2)).

What does "my child's IEP is not being followed" usually look like?

It is rarely a flat refusal. It is a gap between the accommodations page and the ordinary school day, and it takes a few forms.

• Accommodations missing on tests and assignments. Extra time, a quiet space, a scribe, text-to-speech: in the plan, absent on the day. The easiest failure to evidence, because the test is the record.
• Educational assistant time not happening. Support that turns out to be shared across a class, dropped during coverage, or reassigned for weeks.
• Modified expectations graded against grade level. Your child works on modified expectations all term, then gets a mark measured against the grade. The Ministry's IEP page is direct: the report card "must link directly to the programs and expectations set out in their IEP."
• A supply teacher who has never seen the plan. Nobody handed it over, so none of it happens.
• A stale plan. The Ministry says schools "should review your child's IEP at least once every reporting period." Last year's goals is a different failure, needing a different ask.

How to document it, with dates

Build a record out of entries, not impressions. Five minutes a day for three weeks gives a superintendent something they cannot wave away.

1. Open one file. One document or notebook, date at the left of every entry.
2. Quote the IEP line, then what happened. "IEP: extra time, separate setting. March 3 math test: written in class, 40 minutes, same as everyone."
3. Keep the source and the paper. Note who told you, and keep tests, agenda notes and report cards.
4. Move conversations into email. After a call: "My understanding is that you said X. Please correct me if I have that wrong."
5. Note the pattern. Four misses across three subjects in three weeks is an argument. One is a bad day.

Is it illegal for a school not to follow an IEP in Ontario?

Not in the way the question assumes, and being exact here saves you months. O. Reg. 181/98 imposes real duties: consultation with you (s. 6(6)), and a plan containing specific educational expectations, an outline of the program and services, and a statement of how progress will be reviewed (s. 6(3)), delivered within 30 school days after placement (s. 6(8)).

What it does not contain is a consequence. No fine, no offence provision, no compliance officer, no provincial IEP tribunal, no court. Its appeal machinery, sections 26 through 31, covers identification and placement decisions only, not whether the accommodations happened.

Four levers exist, and they are the whole set:

1. Consultation. The principal's duty to consult you (s. 6(6), s. 7(3)) is a duty, not a courtesy, and your entry point.
2. Review. The IEP is reviewed each reporting period, and an IPRC review can be requested after three months (s. 21(1)(b)).
3. Appeal. For identification and placement, on 30 and 15 day clocks (s. 26(2)). See what happens at an IPRC.
4. Escalation and oversight. The board, then the Ombudsman, then the human rights system.

There is no 504 plan in Ontario, and IDEA does not apply.

What do I do if the school is not following my child's IEP?

You escalate, one rung at a time, in writing, copying in the previous rung. Skipping rungs is the most common way a strong complaint gets sent back down.

1. The classroom teacher

Start here even when you are sure the teacher is the problem. Ask for one concrete thing.

On [date] the [test or activity] happened without [accommodation], which is on [child]'s IEP. How are the accommodations put in place day to day, and what would need to change so they happen consistently?

2. The principal

The principal is the person the regulation names. This is where the duty sits.

Attached is a dated log of five occasions since [date] where accommodations in [child]'s IEP did not happen. I am asking for a meeting within two weeks, and a written note of what will change, who is responsible, and when.

3. The superintendent for your family of schools

Boards divide schools into families, each with a superintendent listed on the board website. The Ombudsman names this rung: raise it with "the superintendent responsible for your child's school or a superintendent responsible for special education."

I am escalating a matter the principal at [school] and I have not resolved. Attached is my log and correspondence. Please review how [child]'s IEP is being implemented, in writing.

4. The board's special education department

Most boards have central special education staff.

Which central staff member supports [school], and can that person review [child]'s IEP implementation with the school team?

5. The Special Education Advisory Committee (SEAC)

SEAC is the systemic rung, not the individual one. O. Reg. 464/97 requires every district school board to establish one from representatives nominated by local parent associations and trustees appointed from the board's own members (s. 2(1)). It meets at least 10 times a school year (s. 9(8)), and under s. 11(1) may "make recommendations to the board in respect of any matter affecting the establishment, development and delivery of special education programs and services," which the board must hear before deciding (s. 11(2)). SEAC has no authority over your child's file, but a board-wide problem, such as educational assistant allocation, gets named there in front of trustees.

I would like to speak to the committee about [issue]: the gap between what IEPs promise and what is delivered. What is the process for getting on an agenda?

6. Trustees

Your trustee is your elected representative on the board, and trustees sit on SEAC (s. 2(1)(c)). A trustee cannot direct staff about your child, but can ask questions in public.

I have raised an IEP implementation issue with the school, the superintendent and board staff over [time period] without resolution. What oversight does the board apply here?

7. The Ontario Ombudsman

The Ombudsman has taken school board complaints since September 1, 2015, and special education is among the most common subjects: individual education plans, review committee issues, lack of resources. It is a last resort by design, and it recommends rather than overturns.

Attached is a dated log of IEP accommodations not delivered at [school], and my correspondence with the teacher, principal, superintendent and board staff. Please review how the board handled this.

8. The human rights route, for disability discrimination

This rung is not about the Education Act at all. The OHRC's Policy on accessible education for students with disabilities sets out a Human Rights Code duty to accommodate students with disabilities to the point of undue hardship, one that "exists whether or not the student has gone through a formal IPRC process, or has an IEP." The Code has primacy over the Education Act. The OHRC frames the duty through three principles: respect for dignity, individualization, and integration and full participation. It is both procedural and substantive, and the board carries the onus of proving undue hardship.

The OHRC writes policy and does not decide cases. Claims go to the Human Rights Tribunal of Ontario, which requires the application within one year of the incident, or of the last in a series. This is not legal advice: before filing, talk to a lawyer or the Human Rights Legal Support Centre.

Can a school refuse to give my child an IEP?

For a student no IPRC has identified, yes. The Ministry's IEP page says an IEP "may be developed for students who have not been formally identified as exceptional by an IPRC, but who require a special education program or services." That is the board's determination. Our guide on how to get an IEP in Ontario covers the conversation. Some boards will not put an IEP in place without an IPRC, so ask which applies at yours.

What cannot be refused is a written request for an IPRC. Under subsection 14(1)(b) the principal shall refer your child, and the Ministry's resource guide says it plainly: "Neither the board nor the principal can refuse the request." Within 15 days the principal must acknowledge it, send the board's parents' guide, and say approximately when the committee will meet (s. 14(6)).

That is the lever, because identification triggers a mandatory plan. In the Ministry's words: "If you believe your child will benefit from special education programs or services and the school board does not agree, you have the right to request that the IPRC meet to review your child's strengths and needs."

Identification is not automatic. A diagnosis is not required either: the OHRC notes the Code's definition of disability is broader than the Ministry's categories.

When can I ask for an IPRC review or an appeal?

Use these when the problem is the placement, not the paperwork. A review can change identification or placement, but cannot order a teacher to give extra time.

• Three month review. The principal shall refer your child for a review at a parent's written request (s. 21(1)(b)), any time after a placement has run three months, and once in every three month period after (s. 21(2)). A review also happens at least once a school year unless you dispense with it in writing (s. 21(3), (4)).
• What the review sees. With your written permission, a review committee "shall consider the pupil's progress with reference to the pupil's individual education plan" (s. 23(2)). This is the one place in the regulation where the IEP is formally on the table. Give the permission, and bring your log.
• Appeal windows. A notice of appeal goes to the secretary of the board within 30 days of the decision, or 15 days after a follow-up meeting (s. 26(2)), and cannot be rejected for imperfect wording (s. 26(5)). After a placement change the principal must review, update and resend the IEP within 30 school days (s. 7(7)).

When to consider a placement change or a different school

Consider it once the ladder has been climbed and documented, because leaving early costs you your record. A new school in the same board inherits the same IEP, superintendent and allocation model, so a board-level barrier travels with you.

Signs it is worth looking at: the school agrees in writing to changes that then do not happen, more than once. The gap is about the setting rather than one teacher, such as a class size the school cannot alter. Your child's attendance, sleep or well-being is suffering. Or the placement no longer matches the need, in which case the answer is an IPRC review under s. 21, where section 17 requires the committee to consider first whether a regular class with appropriate special education services would meet the need. Independent and private schools sit outside the regulation and board funding, so an IEP does not travel there unchanged.

Free help that exists in Ontario

• Justice for Children and Youth is a legal aid clinic that advises young people, not parents: services "for young people under 18 and up to 25 for homeless young people in Ontario," with up to 30 minutes of free summary advice by phone. Its plain-language pages on special education, IPRCs and IEPs are open to all.
• ARCH Disability Law Centre runs a Summary Advice and Referral Service, "a free, confidential legal service directly to persons with disabilities from across Ontario." Primary and secondary education is a listed area, covering "access to appropriate accommodations and supports in school, inclusive and appropriate placements, exclusions, expulsions, and suspensions."
• Community legal clinics. Legal Aid Ontario describes a clinic as "a community-based organization funded by Legal Aid Ontario that provides legal services, including legal information, advice, or representation." Its clinic finder works by postal code, and its line is 1-800-668-8258. Not every clinic takes education matters.

Common mistakes

• Asking verbally and waiting. Nothing in the regulation is triggered by a conversation. The IPRC referral duty runs on a written request.
• Jumping straight to the Ombudsman. The office asks you to try the teacher, principal and superintendent first, and arriving without that record sends you back down.
• Waiting for the annual review. If the placement is wrong, the three month clock is open to you.
• Arguing values instead of evidence. "They do not care about my child" gets a defensive answer. "Eleven dated entries against four accommodations" gets a plan.

Where a consultant fits

Families reach us when the emails are piling up and nobody knows the next move. What we do first is unglamorous: read the IEP line by line against your log, separating what the school is obliged to do from what you hope it will do. That decides which rung your next email belongs on.

Through IEP Review & Strategy we review the assessments and the school's IEP together and translate the accommodations, modifications and alternative expectations into what each should look like in a classroom, so you can tell whether it is happening, and we draft proposed wording for your next email. Through Assessment Breakdown & Guidance we read a psychoeducational, speech-language or occupational therapy report with you and connect its recommendations back to the plan. Hourly Consulting applies where nobody has assessed the need yet, and also suits the narrow question, such as reviewing a letter to a superintendent. Talia does not conduct assessments and is not a lawyer. Navigating Special Education is a three-session package covering how to share information with the school and next steps, for families earlier in this process. School Placement Support covers independent and private options.

Frequently asked questions

Is it illegal for a school not to follow an IEP in Ontario?

Not in the way parents expect. O. Reg. 181/98 places duties on principals and boards, but it names no fine, no offence and no court remedy for failing to meet them. There is no provincial IEP complaints tribunal. Your routes are the escalation ladder inside the board, the IPRC review and appeal process, the Ontario Ombudsman, and, where disability discrimination is involved, the Human Rights Tribunal of Ontario.

Can a school refuse to give my child an IEP?

For a student no IPRC has identified, yes. The Ministry says an IEP may be developed where the board deems the student requires a special education program or services. That is the board's call. What cannot be refused is a written request for an IPRC. Under subsection 14(1)(b) the principal shall refer your child, and the Ministry's resource guide states that neither the board nor the principal can refuse. Some boards will not put an IEP in place without an IPRC, so ask which applies at yours.

Who do I complain to if the school will not follow the IEP?

In this order: the classroom teacher, then the principal, then the superintendent for your family of schools, then the board's special education department. If that fails, the Ontario Ombudsman takes school board complaints and asks that you try the school and superintendent first. Put every step in writing and keep the dates.

Can the Ontario Ombudsman make the school follow the IEP?

The Ombudsman investigates and recommends, and has taken complaints about Ontario school boards since September 1, 2015. Special education complaints are among the most common, covering individual education plans, review committees and lack of resources. The office asks you to raise concerns with the teacher, principal and superintendent first, then contact it if that does not resolve things.

What counts as proof that accommodations are not being met?

Dated, specific, and tied to a line in the IEP. A test written with no extra time on March 3. A report card comment that contradicts the accommodations page. A note home saying the educational assistant was reassigned. Your child's own account, written down the day you hear it. Keep every email. Patterns across weeks carry more weight than any single incident.

Does the school have to follow the IEP on tests and exams?

The IEP is the board's written statement of the program and services your child will receive, and subsection 6(3) requires it to outline those services and how progress will be reviewed. The Ministry also says the provincial report card must link directly to the expectations set out in the IEP. Separately, the Human Rights Code duty to accommodate applies to how a student with a disability is assessed.

Can I file a human rights complaint about special education?

You can file an application with the Human Rights Tribunal of Ontario if you believe your child was discriminated against based on disability. The OHRC states that the duty to accommodate exists whether or not a student has been through an IPRC or has an IEP. The Tribunal requires the application within one year of the incident, or of the last incident in a series. Talk to a lawyer or the Human Rights Legal Support Centre first.

Should I move my child to another school?

Consider it only after the ladder inside the board has been tried and documented, because a new school inherits the same IEP and the same board. A placement change is a different question from a school change, and placement is decided by an IPRC. You may request a review in writing once a placement has been in effect for three months.

Sources

• O. Reg. 181/98: Identification and Placement of Exceptional Pupils, Government of Ontario e-Laws
• O. Reg. 464/97: Special Education Advisory Committees, Government of Ontario e-Laws
• Individual education plans, Ontario Ministry of Education
• Identifying students with special education needs, Ontario Ministry of Education
• Special education in Ontario, Kindergarten to Grade 12, policy and resource guide: The identification and placement of exceptional students, Ontario Ministry of Education
• Policy on accessible education for students with disabilities (2018), Ontario Human Rights Commission
• Help with K-12 and post-secondary education programs, Ombudsman Ontario
• Application and hearing process, Human Rights Tribunal of Ontario
• Legal Rights: Special Education, Individual Education Plan (IEP), Justice for Children and Youth
• Legal Advice: Summary Advice and Referral Service, ARCH Disability Law Centre
• Legal clinics, Legal Aid Ontario