My child has an IEP and is still failing classes
Grades in one class have been sliding since the IEP took effect: missing assignments, a quiz average dropping, work turned in blank though the accommodations page says otherwise. No: once grades show your child falling behind the goals, the plan itself comes back to the team for revision, whatever the calendar says about the next annual review (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 described in §300.320(a)(2), and in the general education curriculum, if appropriate.”
34 CFR 300.324(b)(1)(ii)(A)
Falling grades are evidence of missed progress, and that evidence alone is enough to reopen the IEP before its annual date.
What to do this week, in order
Tonight, list every missing or low grade in that class next to the IEP goal or accommodation it should connect to.
Grades matched line by line to the IEP page
Email the classroom teacher for the accommodation-use log covering those same weeks, so the log and your list line up.
The accommodation-use log for that stretch
Line up the progress reports on that goal against the reporting schedule the IEP itself sets.
Progress reports checked against the IEP's own schedule34 CFR 300.320(a)(3)
If the gap holds up, request an IEP meeting in writing and ask the team to revise the goal or service.
The written request and the team's reply34 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
- Your child's case manager
Dear [Case manager's name], [Child's full name] has an IEP that includes [goal or accommodation, with the page number], yet grades in [subject or class] have not caught up to it. Counting from [first date] through [last date], I found [number] pieces of missing or failing work in that class. Send me the accommodation-use log and any progress notes covering that stretch, and note in your reply what the team makes of the gap. Should the team decide nothing here calls for a look, I would like that framed as prior written notice under section 300.503. Warmly, [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
- Where progress reporting requirements live (34 CFR 300.320)The reporting schedule the third move checks.
- When an IEP gets revised (34 CFR 300.324)The revision clause quoted above.
- Asking for the accommodation log (34 CFR 300.613)The log the second move asks for.
- 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.