It's a parent's worst nightmare - your child is in special education year after year, but you see little to no academic growth or progress toward their goals. This is an all-too-common scenario due to some significant issues in the special education system following the 2004 reauthorization of the Individuals with Disabilities Education Act (IDEA).
The 2004 Changes and Their Impact
Prior to 2004, IEPs (Individualized Education Programs) were comprehensive living documents with detailed goals, objectives, and data tracking student progress. However, the 2004 changes led to a shift toward vague, overarching goals with minimal objectives or progress monitoring.
This "de-specifying" of IEPs, combined with a shortage of highly qualified special education teachers, has resulted in many students becoming warehoused rather than receiving individualized, data-driven instruction. Frustratingly, the documentation is so sparse that it's difficult for parents to understand if progress is being made.
Your Legal Rights as a Parent
As disheartening as this situation is, parents do have legal rights and recourses if their child is not making adequate progress in special education:
1. Request a comprehensive re-evaluation of your child at any time to examine if their needs are being met and goals are appropriate.
2. Ask for a revision of the IEP at least annually with concrete goals, benchmarks, and progress tracking methods.
3. Request research-based interventions and demand data on their effectiveness for your child.
4. Consider mediation or a due process hearing if the school does not address inadequate progress.
5. Know your rights under IDEA to review all records, observations, data collection, etc. related to your child.
6. Enlist an educational advocate or attorney if you feel your rights are being violated.
Here are some key questions parents should always be asking their child's special education team, special education director, and teachers:
For the Special Education Teachers:
• What specific evidence-based instructional methods, interventions and curricula are you using for my child's area(s) of disability?
• How do you measure and track my child's progress toward IEP goals? How frequently?
• What data are you collecting on my child's performance and their response to interventions? May I see the data?
• How are lessons and teaching materials individualized and differentiated for my child's needs?
• What positive behavioral supports are in place to increase my child's engagement and on-task behavior?
• What assistive technologies or accommodations are available to help support my child's learning?
For the Special Education Director:
• What are the qualifications and expertise of the special education staff working with my child?
• How are special education teachers trained and supported in using evidence-based practices?
• What reading/math/etc. intervention programs are being implemented district-wide? What is the criteria for determining if they are effective?
• How frequently are IEP goals and service delivery monitored and updated for lack of progress?
• What is the continuum of services and level of supports available if my child needs more intensive interventions?
• Are there sufficient resources and staff to meet students' IEP needs and provide FAPE?
For the IEP Team:
• What specific data was used to develop this IEP and determine services, supports and goals?
• How will you measure progress toward each goal? What specific data collection and progress monitoring tools?
• What are the specific responsibilities of each staff member for implementing this IEP?
• How does this IEP aim to close gaps and get my child performing closer to grade level?
• What is the process if my child is not making expected progress with these goals and services?
• How will you ensure all stakeholders remain committed to high expectations for my child?
Parents should ask the tough questions and expect clear, data-driven answers from the IEP team. Consistent inquiry and oversight regarding specifics of programming, progress monitoring, staff expertise and resources available is crucial to ensuring an appropriate IEP is created and implemented effectively.
What You Can Do
Beyond legal routes, be your child's best advocate by:
- Attending all IEP meetings and committee hearings, keep a paper trail
- Researching evidence-based methods for your child's disability
- Connecting with local disability rights groups for support
- Frequently communicating concerns with teachers and administrators
- Considering outside tutoring or therapies to supplement gaps
- Insisting on data, not just anecdotal updates about progress
It's an uphill battle, but advocating tirelessly for your child's right to effective special education services can make a difference. Don't let the system fail your child - persist until they get the specialized support they need and deserve.
Here are two sample letters parents can use when expressing concerns about their child's lack of progress in special education:
Letter Requesting IEP Meeting and Evaluation
[DATE]
[YOUR NAME]
[YOUR ADDRESS]
[YOUR CITY, STATE, ZIP]
[SCHOOL PRINCIPAL NAME]
[SCHOOL NAME]
[SCHOOL ADDRESS]
Re: [CHILD'S NAME] Request for IEP Meeting and Reevaluation
Dear Principal [NAME],
I am writing to formally request an IEP meeting for my child, [CHILD'S NAME], to discuss my concerns about their lack of academic progress and the appropriateness of their current Individualized Education Program (IEP).
Despite being in special education for [X] years, the data shows [CHILD'S NAME] has made little to no progress toward [HIS/HER] goals in the areas of [LIST AREAS OF CONCERN, E.G. READING, MATH, ETC.] I am concerned that the current IEP is inadequate to meet [HIS/HER] needs.
In accordance with IDEA laws, I am also requesting a comprehensive reevaluation of [CHILD'S NAME] to examine if there are any previously unidentified disabilities or special needs not being addressed. This reevaluation should include assessments in all areas of suspected disability.
At our upcoming IEP meeting, I would like to review all data, observations, progress monitoring and work samples to get a full picture of [CHILD'S NAME]'s challenges. I will also bring research on evidence-based interventions and instructional methods to discuss potentially incorporating into the IEP.
Thank you for your prompt attention to this serious matter. I look forward to working collaboratively to get [CHILD'S NAME] back on track and receiving the appropriate special education services and supports.
Sincerely,
[YOUR NAME]
Letter Expressing Ongoing Concerns
[DATE]
[SPECIAL EDUCATION DIRECTOR NAME]
[DISTRICT NAME] Special Education Department
[ADDRESS]
Re: Ongoing Concerns about [CHILD'S NAME]'s Progress
Dear [SPECIAL EDUCATION DIRECTOR'S NAME],
I am writing today to express my significant and ongoing concerns about my child, [CHILD'S NAME]'s lack of academic progress in [HIS/HER] special education program at [SCHOOL NAME]. Despite multiple IEP meetings and your staff's efforts, [CHILD'S NAME] continues to fall drastically behind [HIS/HER] peers in [LIST AREAS OF CONCERN].
At our most recent IEP meeting on [DATE], we agreed to [SUMMARIZE RELEVANT DETAILS FROM MEETING, SUCH AS PROGRAM CHANGES, GOALS ADDED, ETC.] However, in the [X] months since implementation, data shows [CHILD'S NAME] has [NOT BEEN ABLE TO MEET BENCHMARKS, SHOWN REGRESSION IN SKILLS, ETC.]
I have asked repeatedly for more intensive interventions, updated data tracking, and research-based instructional methods, but these requests have not been sufficiently addressed. [CHILD'S NAME] clearly requires a higher level of service and an individualized, data-driven program in order to make meaningful progress.
I am willing to do whatever is necessary to ensure [CHILD'S NAME] receives the Free and Appropriate Public Education (FAPE) [HE/SHE] is entitled to under IDEA, up to and including mediation or a due process hearing if problems persist. However, I hope we can work together to get the appropriate supports and services in place as soon as possible.
I will follow up this letter with a call to your office next week to discuss next steps. My child's education and future are at stake, and I cannot accept the status quo any longer. Thank you for your prompt attention and action regarding this very serious matter.
Sincerely,
[YOUR NAME]
The key things to include in letters:
- Facts about lack of progress despite being in special ed
- Data/evidence to support concerns
- Requests for evaluations, IEP changes, specific interventions
- References to parental rights under IDEA law
- Willingness to take further action if concerns not addressed
But personalizing with your child's specifics is crucial. These samples help provide a framework for parents to advocate.
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