Effective Educational Progress
I often receive calls from parents who believe their child’s educational rights are being violated because the child is making very limited or no progress at school. These situations are heartbreaking, but a lack of progress does not, by itself, necessarily establish that the school has failed to provide a free appropriate public education (FAPE).
Instead, an important question is whether the child is making progress commensurate with their potential. One useful way to evaluate that question is to: (1) assess potential; (2) measure progress; and (3) compare potential to progress.
1. Assess Potential
Assessing potential can be difficult because you are attempting to predict the future. One of the best ways to assess potential is to seek the advice of an expert who has experience working with children whose profiles are similar to your child’s. That experience, combined with standardized testing, a review of educational records, and consideration of peer-reviewed research, can help the expert develop an informed estimate of your child’s potential.
Your child’s IEP can provide another indicator of potential. When a school proposes IEP goals, it is representing that the child should be capable of achieving those goals during the IEP period. If the same goals and objectives are repeated year after year, it may indicate that the child is not making the progress the school expected.
2. Measure Progress
Educational progress can be measured in many ways, including report cards, progress reports, standardized testing, work samples, and observations. It is also important to consider whether your child has failed to make progress, which may reflect stagnation, or has lost skills they previously acquired, which may reflect regression.
3. Compare Potential to Progress
After assessing potential and measuring progress, you can consider whether your child’s progress is commensurate with their potential. Keep in mind that the ultimate purpose of special education law is to prepare students for further education, employment, and independent living. Consider not only your child’s current performance, but also their trajectory of progress.
If your child’s current trajectory is unlikely to allow them to reach their long-term educational and postsecondary goals, it may be time to request an IEP meeting and advocate for a different approach.
If you are concerned that your child is not making effective educational progress, contact Noble Education Law. We represent students and parents throughout Massachusetts in disputes involving IEPs, services, programs, and placements.
