My child is not making progress with their IEP
A goal has sat on the IEP for months, the report cards, work samples and progress notes keep landing in the same place, and the case manager says nothing changes until the annual review. No: the IEP is reviewed periodically, at least once a year, to see whether the goals are being achieved, and revised, as appropriate, for any lack of expected progress (34 CFR 300.324(b)). Start by pulling the IEP page or the letter the dispute turns on and writing down today’s date; every move below adds to that record.
What the rule says
“Revises the IEP, as appropriate, to address any lack of expected progress toward the annual goals … and in the general education curriculum, if appropriate.”
34 CFR 300.324(b)(1)(ii)(A)
Once a year is the minimum; flat data on a goal is grounds for revisiting the plan before then.
What to do this week, in order
Pull the last three progress reports for the one goal that worries you and set the scores beside the actual work samples.
A dated comparison of scores and samples
Ask for the probes, trial counts or scored samples each progress note was built from, beyond the summary sentence.
The underlying data behind each report34 CFR 300.613(a)
Send the case manager the written comparison and name the reporting window it covers.
A saved email that names the goal
Ask the team to revisit the goal at a short meeting rather than waiting on the annual review.
A written answer about the goal34 CFR 300.324(b)(1)(ii)(A)
What to put in writing
Replace what sits in brackets and send it by email, so the date is fixed.
- To
- The provider who tracks this goal, and the case manager
Dear [Teacher or provider's name], I'm asking about [Child's full name]'s goal for [skill or subject area], reported on IEP page [page], dated [IEP date]. The progress notes running [first date] up to [last date] describe the same result each time, and the work samples from that stretch show it too. I would like the probes, scores or samples each note drew on, and to know whether the team plans to look again at this goal, the service behind it, or both. If the answer is no, I would like that in writing, per 34 CFR 300.503, with its reasons. Best regards, [Your name]
If the answer is no, it arrives as prior written notice: what was refused, why, and the records the district relied on (34 CFR 300.503(b)).
When to escalate, and to whom
Escalate when the written answer is a no, or when the record you built this week draws no answer at all.
| The path | The count | How it runs |
|---|---|---|
| A state complaint | 60 days to a decision | A signed letter to your state education agency about a violation inside the past year; the state decides in writing within 60 days.34 CFR 300.152(a), 300.153(c) |
| Mediation | Voluntary, at no cost to you | You and the district sit with an impartial mediator the state pays for; it can start before any complaint and may not delay a hearing.34 CFR 300.506(b) |
| A due process complaint | 2 years to file | A hearing before an impartial officer; the district holds a resolution meeting within 15 days, and the decision is due 45 days after the 30-day resolution period.34 CFR 300.507(a)(2), 300.510(a)(1), 300.515(a) |
Those counts are IDEA’s; your state may set its own window for due process, and publishes its own complaint form.
This page explains the federal rule, and it does not replace your state’s procedures, or advice from someone qualified to read your file.
Have the pages this dispute is about read back to you, free.
The review reads every page you upload, names the service, goal or wording that is vague or missing, and gives you its page number.
Review my IEP — freeFree, no card. It reads your pages and contacts no one.
Where this comes from
- Reviewing and revising the IEP (300.324)Where the lack-of-progress clause lives.
- How progress reports are timed (300.320(a)(3))What a progress report states.
- Access to education records (300.613)How the underlying data gets released.
- Prior written notice (34 CFR 300.503)What every no owes you.
When the paragraph needs to become a full letter, the letter templates carry one for each request.