From IEP to Injustice: How Parents Can Stop the School-to-Prison Pipeline

For far too many children—especially Black and Brown students—the path from the classroom leads not to college or careers, but to courtrooms and incarceration.
This is called the School-to-Prison Pipeline, and if your child has an IEP or should have one, they’re at even greater risk.

Why?
Because when schools deny evaluations, ignore data, fail to provide appropriate learning, and keep parents in the dark, our kids don’t just fall behind—they’re punished for struggling, suspended, expelled, and often funneled into the juvenile justice system.

But it doesn’t have to be this way.

The Pipeline: How It Works (Step by Step)

1. Delayed or Denied Evaluations

   • Schools say: “Let’s wait and see” or “They’re just behind.”

   • Reality: IDEA’s Child Find rule (34 C.F.R. §300.111) requires schools to identify and evaluate children suspected of a disability—immediately, not after failure.

   • Without proper assessments, kids miss the specialized instruction they need.

2. Poor or Incomplete IEPs

   • Services are generic, not tailored. Data isn’t collected. Goals are vague.

   • Without specific, measurable supports, students don’t make progress—and behavior problems escalate.

3. Behavior Over Support

   • Struggling students are labeled as “defiant” or “lazy” instead of receiving interventions.

   • Fact: Under Honig v. Doe (1988), schools cannot expel or suspend a student for behavior linked to their disability without a Manifestation Determination Review.

   • Most parents don’t know this—so schools skip it.

4. Parents Left Out

   • Parents aren’t told they can receive Parent Training and Information as part of the IEP (34 C.F.R. §300.34(c)(8)), so they don’t know how to help at home or advocate at school.

   • Without training, parents can’t monitor progress or hold schools accountable.

5. Discipline → Dropout → Detention

   • Black students with disabilities are 2–3 times more likely to be suspended than white peers (U.S. DOE Office for Civil Rights).

   • Each suspension increases dropout risk, which raises the likelihood of arrest or incarceration.

Myths Schools Tell (That Feed the Pipeline)

1. “We can’t evaluate until they fail more.”

   • False. IDEA’s Child Find law says schools must evaluate when there’s suspicion of a disability, not after prolonged failure.

2. “Your child is passing, so no IEP is needed.”

   • False. Passing grades do not cancel out eligibility. If your child needs special instruction to access learning, they qualify.

3. “Parent training isn’t part of the IEP.”

   • False. Parent counseling and training is a related service (34 C.F.R. §300.34(c)(8)). Schools just don’t want to offer it.

4. “We don’t have the staff/funding.”

   • False. Lack of resources is never a legal excuse for denying services. See Endrew F. (2017) and Rowley (1982).

How to Stop the Pipeline (Action Steps for Parents)

1. Demand Proper Evaluations and Data

• Submit a written request for a full evaluation (academic, behavioral, speech, OT, functional behavior, etc.).

• Ask for all raw data, assessment results, and progress monitoring reports.

• If the school refuses, request Prior Written Notice (PWN) citing 34 C.F.R. §300.503.

2. Get Parent Training on the IEP

• Add this to your child’s IEP under Related Services:

  “Parent training and counseling will be provided to help the family understand and implement strategies to support the student’s education at home and collaborate effectively with the school.”

3. Track Every Service

• Keep a log of when speech, OT, or academic supports are delivered (or missed).

• Ask for service logs in writing each quarter.

4. When the School Fails to Follow the IEP:

1. Email the principal and case manager.

2. Request make-up (compensatory) services for every missed session.

3. If ignored, file a State Complaint (free, written process with your state DOE).

4. File an OCR complaint if there’s racial bias or retaliation.

5. Watch for Discipline Patterns

• If your child faces suspension, demand a Manifestation Determination Review (MDR).

• If behavior is tied to their disability, the school must provide supports, not punishment.

Why This Hits Our Communities Hardest

For Black and Brown families:

• Schools often don’t explain our rights, betting we won’t challenge them.

• Our children are more likely to be labeled as “troublemakers” than supported.

• We’re often told to “trust the process,” while services go undelivered and our kids spiral.

The system counts on us not knowing our power.
When we learn the law, demand PWN, ask for training, and hold schools accountable, we break the cycle—and stop our kids from being pushed out and punished.

Quick Checklist: Protecting Your Child

• Have I requested a full evaluation (in writing)?

• Did I receive and read my Procedural Safeguards?

• Is parent training listed in the IEP (if I need it)?

• Do I have service logs and progress data?

• Have I requested PWN for any refusals?

• Is my child being disciplined for behaviors linked to their disability?

• Am I ready to file a State Complaint or OCR Complaint if the school won’t comply?

Final Word

The school-to-prison pipeline thrives when parents are kept in the dark.
When you know your rights, demand evaluations, document everything, and use the complaint system, you can stop the cycle and make sure your child receives the education—not punishment—they’re entitled to.

Need Support?

The IEP Files™ helps families write letters, request training, track services, and hold schools accountable.
Don’t wait for the system to “do right”—make it.