In Maryland, a missed IEP service might be challenged through a different state process than in Delaware, but the federal rule is the same: a school is breaking the law when ignoring an IEP results in a denial of FAPE - a free appropriate public education required by the IDEA.

The most common wrong answer is: "Schools can skip IEP services if they are short-staffed, following school policy, or doing their best." That is not the legal standard. Staffing problems, schedule conflicts, and discipline policies do not erase IEP duties.

The correct answer is that an IEP violation becomes legally serious when the school fails to provide the services, supports, or placement the IEP requires in a way that is material, repeated, or harmful to the student's access to education.

A school may be violating the law if it:

• does not provide required services like speech therapy, behavior supports, or specialized instruction
• changes placement or support levels without the required IEP team process
• removes a student for more than 10 school days without required discipline protections under IDEA
• blocks parent participation, withholds records, or ignores procedural rights in a way that affects the student's education

A small scheduling error is not always a denial of FAPE. But missing occupational therapy for weeks, refusing reading intervention written into the IEP, or sending a student home again and again instead of providing behavioral supports can cross the line.

Example: if an IEP says 30 minutes of speech therapy twice a week and the school provides it only occasionally for two months, that is more than a paperwork problem. If the missed service affects progress, communication, or classroom access, it can support a claim that the school denied FAPE.

The key question is not whether the school had an excuse. It is whether the student received the specific educational benefit and protections the IEP legally promised.