Progress monitoring frequency

[Nacho]

My kid’s IEP was developed in January/February. The progress reports section says the first one will be provided to us in June. However, our district sends out report cards for all students at the end of March — so doesn’t that mean we should get an iep progress report at the same time as other parents get regular report cards?

When I went to look it up, I found language like this:

“Be regularly informed (by such means as periodic report cards), as specified in their child’s IEP, at least as often as parents are informed of their nondisabled children’s progress, of their child’s progress toward the annual goals in the IEP and the extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year (Sec. 300.347(a)(7))”

But 300.347 doesn’t appear to exist anymore. Did that language get moved to a different section?

Thanks!

[Carolyn Rowlett]

I had trouble finding 300.347(a)(7), as well.  But Section 1414 Part B (d) of the IDEA is alive and well and has similar language.  It does not specifically state "at least as often as parents are informed of their nondisabled children's progress," but leaves it to the team to describe in the IEP document when reports on progress will be provided and gives the example of concurring with the issuance of report cards.  Since the IEP states the first one will be provided in June, the school is in compliance.

Here is my advice from a practical (not legal) standpoint.  Depending on what date in February the IEP was implemented, there may not be a lot of data to provide.  Often progress monitoring reports that cover only a portion of a quarter say something to the effect of "IEP just implemented on such and such a date, no data available."

However, depending on the disability and goals, there very well could be some data available for the month of March (and maybe some in February depending on implementation date).  Even though the IEP states the first progress monitoring will be provided in June, nothing keeps you from reaching out to the case manager and asking for some data points now (say something like you don't want to wait until school is out to see if progress is being made, even though you do understand that it hasn't been implemented for that long).  Don't throw any law at them just yet.  See if they will respond to a friendly email first.

If they refuse, you could ask for an amendment to the IEP that progress monitoring will be provided concurrent with grade cards starting with the end of third quarter of school year 2024-2025.  They could make this amendment without or with a meeting.  But if they were unwilling to voluntarily provide some data points (your first step), it is unlikely the team will agree to amend the IEP, in which case you're probably stuck.

I don't know what the disability or goals are, but in general, I would say this isn't a battle to take on.  You will likely have other more important battles to fight in the future.  But it doesn't hurt and isn't unreasonable to ask for some informal data now. 

[JSD24]

In this situation, I'd write to the case manager/special ed teacher:

Hi-

I was looking at the IEP and it says the 1st progress report won't be done until June.  I feel it's too long to go without knowing how the IEP is helping.  Is it possible to get an update on progress in early April so we can see if the IEP is helping or if it might need to be tweaked?  I'm concerned with getting this in June and then school is out for summer and not being able to meet to tweak the IEP until several weeks into the next school year.  A parent/teacher conference to look at progress in early April would also be a substitute for this where I can discuss XX's progress with you.

Please let me know which works better for you.

[Nacho]

After hunting around a bunch yesterday, I discovered that 300.347 was axed in the last reauthorization 20 years ago, but the same-ish wording is in the one that replaced it, 300.320 (a)(3)(ii),

(ii) When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;

And I live in the state of Vermont, which has:

 

SBE Rule 2363.7(b)

Measurable annual goals related to the child's present levels of academic and functional performance which shall:

(4) Be accompanied by a method of reporting the child's progress to the parents at least as often as other parents in the school receive progress reports.

So at least in my state, yes, they are required to report a child’s progress on their IEP goals at the same time as other parents of non-disabled kids get report cards.

I’m writing a state complaint to address this, because the SPED director for our entire district was at our annual meeting to create this IEP. She just confirmed via email that the first progress report isn’t until June. She seems unaware that progress reports for IEPs are supposed to go out at the same time as regular report cards. It is  literally her job to know these rules!

This means our entire district could have non-compliant IEPs when it comes to progress reporting requirements. Sigh.