The Special Education System Is Overloaded. Here Is What Families Need to Know Now
- Jake Fishbein
- Nov 26, 2025
- 3 min read
A mother in Ohio told me she waited months for her son’s evaluation results, even though the law says it should take far less time. A father in Maryland shared that his district kept asking for "more time" because they were behind on paperwork. A family in Texas said they had to follow up six times before anyone confirmed their child’s services would start.
In the past year, I have spoken with families across the country who describe the same troubling pattern: not confusion or lack of effort, but a special education system that can no longer keep up with what children are legally entitled to receive. These delays don't only threaten services. They erode trust, increase parental anxiety, and create a sense of helplessness at the exact moment when children need stability most.

Special Education Complaints Are Rising
Formal complaints about special education services are increasing nationwide. When schools fail to complete evaluations, implement services, or follow an Individualized Education Program (IEP), parents are turning to state complaint processes for recourse. The problem is not only the number of complaints. It is the growing difficulty states have in resolving them.
The 60-day resolution timeline required under federal law is slipping in many places. Those delays aren’t abstract. Each missed service or postponed evaluation affects a child’s development and academic progress in real time. Lost time in special education is not neutral. It compounds quickly.
Backlog, Burnout, and Bottlenecks: Why the System Is Struggling
Three forces are driving this moment:
Backlog
As more families file complaints, states are struggling to process them on time. When complaints accumulate, everything slows — evaluations, meetings, service decisions, and communication. Families waiting for support are left in limbo.
Burnout
Special educators are facing unsustainable caseloads, frequent vacancies, and pressure from every direction. Many leave the profession entirely. Those who stay are stretched thin, which leads to rushed meetings, incomplete data, and missed deadlines. Parents often interpret this as resistance or disinterest when it is actually exhaustion.
Bottlenecks
The dispute resolution process was never designed for this level of demand. When too many cases hit the system at once, mediation slots fill, complaint reviews take longer, and even basic communication slows down. What should be protective guardrails become obstacles.
Together, these pressures reshape families’ experiences. Not because parents are demanding more, but because the system cannot meet the legal obligations it already has.
Equity Under Pressure: Not All Families Can Absorb These Delays
A delayed evaluation or missing service is stressful for every family, but the burden does not fall evenly. Some parents can hire advocates, take time off work, or write follow-up emails with confidence. Others cannot.
Skills like tracking service delivery, understanding legal timelines, or knowing when and how to escalate concerns are powerful. They are also unequally distributed. The more the system slows, the more it favors families with time, language access, professional support, or financial resources.
When dispute processes become survival contests, children without those supports fall further behind. Delays widen gaps the IDEA was created to close.
What Parents Can Do to Stay Ahead of Delays
Families have more leverage when they can point to clear facts and organized records. In a system facing backlogs, documentation is not a task — it is protection.
Effective steps include:
Keep copies of evaluations, IEPs, and meeting notes together
Maintain a timeline of events, requests, and missed services
Follow up after meetings in writing to confirm agreements
Watch for patterns, not isolated problems
Know which parts of the IEP are legal guarantees, not suggestions
Parents who prepare early avoid being trapped in dispute cycles later.
How Highlighter Helps Families Navigate an Overloaded System
The families who succeed are not lucky. They are documented, organized, and clear about their child’s services.
Highlighter supports that work by helping parents:
Store IEPs, evaluations, and service logs in one place
Build a shared timeline that shows what happened and when
Turn concerns into written follow-ups that districts must respond to
Prepare for IEP meetings with clear talking points
Track services so missed minutes cannot disappear
Clarity reduces anxiety. Documentation changes outcomes. Highlighter makes both easier.
The Bottom Line
The rise in special education complaints is not about parents being more demanding or districts refusing to help. It is the predictable result of overload — a strained system, too few educators, too many unmet needs, and no slack left in the process.
Children do not get this year back. When delays stack up, the risks are real. Families who understand what is happening, track services, and document concerns are better positioned to protect their child’s rights.
Highlighter is designed for this moment. The system may be overloaded, but families do not have to navigate it alone.



Teach parents to go to due process hearing.