First: what is an IEP? Glad you asked. An Individualized Education Plan–IEP for short–is the roadmap to your child’s academic success. It is a timeline of goals and the plans to meet them specially tailored to your child’s needs. Similar to a report card, school districts are required by law to provide parents regular reports on a child’s progress towards these annual IEP goals. These can pertain to any of the areas in which the child qualifies for Specially Designed Instruction (SDI), both functional and academic, such as: math, reading, written expression, behavior, social/emotional, adaptive, executive functioning, communication, fine motor, and gross motor. Failure by the district to monitor progress on IEP goals denies the student of a Free and Appropriate Public Education (FAPE).
IEPs are drawn up during an annual meeting between parents and teachers. In it, they collaborate to determine which goals can be reasonably met in the next academic year. These goals must be measurable, designed to meet the child’s needs, and appropriately ambitious. Clarity is key: the IEP should be written with enough specificity that any reader would know the parameters for the goal and if progress is being made. According to the Individuals with Disabilities Education Act (IDEA), there is no criteria for how many goals a student’s IEP ought to have.
So, what can parents do when they see the same IEP goals recycled year after year? First, parents can ask the rest of the IEP team why they believe the student isn’t making the expected progress and what might be an appropriate solution. They can also make a request–in writing–for a meeting to be held to discuss this lack of meaningful progress.
Suggested discussion questions:
Accommodations: Is the district following the accommodations currently listed in the student’s IEP? Are additional accommodations needed?
Modifications: Are the modifications laid out in the IEP being met, or do additional modifications need to be discussed?
Assistive Technology: Ask the team for suggestions on what AT could benefit their student in the classroom. This can be anything from seat cushions and specialized software to any equipment that benefits the student’s learning environment.
Related Services: Are there any concerns regarding communication, fine motor and/or gross motor? Has the student been evaluated by a Speech Language Pathologist, Occupational Therapist and/or Physical Therapist?
Behavioral Intervention Plans (BIP): If in place, is the district following the BIP? If behavior is a concern and there is no BIP in place, has the team discussed conducting a Functional Behavior Assessment (FBA)?
Progress Monitoring & Reporting: Is the district monitoring the student’s progress on their IEP goals? Is the district providing parents progress reports per the IEP timelines? Does the progress report show data related to the student’s progress?
Specially Designed Instruction: The team could discuss when, where, and how frequently the student is receiving SDI.
Placement: Districts are required to place students in the Least Restrictive Environment (LRE) available. The team can discuss if the student’s current placement is within their individual LRE.
Continuum of services: Districts are required to provide a continuum of services based on each student’s needs. This means that different service delivery models are identified and implemented to enhance a student’s education and time spent with neurotypical peers.
Evaluations: When was the student’s last evaluation? Are there any new areas of concern for the team to discuss? Is there any new information to present from outside experts? Parents have the right to request an Independent Educational Evaluation (IEE) at public expense. IEEs are meant to be neutral, conducted by an examiner who is not employed by the district.
In 2017, Kerri Feeney represented AM, a Mabton high school student, and his family in a due process complaint. AM’s parents expressed serious concerns about the lack of academic and functional progress made by their son. According to an investigation reported by King-5 News:
“For three school years in a row — eighth, ninth and 10th grades — [AM] made no documented progress in life skills, communication or academics. His IEPs listed annual goals like identifying a parent's phone number, using a sponge to wipe a spill from a flat surface and improving his ability to write his name. But those goals —along with 21 others — were repeated word for word in his IEPs over those three school years, indicating that [AM] never reached them.”
As part of its investigation, King-5 also interviewed experts in the special education fields. "I have yet to come across a person who does not make progress. I have not met anyone with autism who does not learn," said Arzu Forough, executive director of the Washington Autism Alliance.
Seattle-based neuropsychologist, Wendy Marlowe, told King-5 that “it's not normal for a special education student’s goal to repeat year after year. It's outrageous…They know you're supposed to keep records of progress, and when a student isn't progressing what you're to do is ask yourself, ‘Why not? What do I need to do differently to educate this child?' Instead, what happens is they blame the kid, 'Oh, well he can't learn.' It's not a learning disability. It's a teaching disability. Everybody can learn."
With the help of Feeney Law, AM and his family were able to come to a resolution with the district. This decision included additional training for the district’s employees and a review of its policies. In 2018, AM finally received the assistive technology essential to his ability to communicate.
Please contact Feeney Law with any questions or concerns regarding your student’s progress.
Link to King 5 article:
