• Blog
  • Wong & Boscarine LLC
  The Law Office of Lillian E. Wong

Special education Law Blog

Effective Progress

12/3/2012

0 Comments

 
Picture
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 stories are heartbreaking, but lack of progress alone does not establish that the school failed to provide a Free Appropriate Public Education (FAPE).   Instead, to prove that the school is not meeting your child's needs you must show that your child is not making progress commensurate with his or her potential.   How do you do this? In three steps. (1) Assess Potential (2) Measure Progress (2) Compare Potential to Progress.

Assess Potential
Assessing potential is difficult because in a way you are trying to predict the future.  One of best ways to assess potential is the seek the advice of an expert.  This experts needs to have experience with children whose profiles are similar to your child.  This experience with your child's disability, combined with the administration of standardized testing, review of educational records, and consideration of peer-reviewed research, will provide the expert with a reliable estimate of your child's potential.  

Another indicator of your child's potential is in your child's IEP.  When the school proposes IEP goals they are asserting that your child has the potential to meet these goals within a year.  If IEP Goals are
repeated year after year, there is a strong possibility that your child is not making progress commensurate to his or herpotential.

Measure Progress
Educational Progress is measured in many ways -  report cards, progress reports, standardized tests, and observations.  It is also important to consider whether your child has failed to make any progress (stagnation) or lost skills he or she once had (regression).  


Compare to Potential to Progress
Only after you have assessed potential and measured progress can you gauge whether your child's progress is commensurate with their potential. Always keep in mind the ultimate purpose of special educational law - to prepare students for further education, employment and indepedent living.  Consider your child's current trajectory of progress.  If your child will not reach his or her
potential post-secondary goals on this trajectory it may be time for you to request an IEP meeting and
advocate for a different approach.

If you are concerned that your child is not make effective progress, please contact the Boston area law office of Massachusetts special education attorney Lillian E. Wong.



0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

      Receive Blog Updates

    Subscribe
    Disclaimer
    Tweets by @lillianwongesq

    Categories

    All
    504
    Attorney
    Autism
    Behavior
    Bsea
    Child Find
    Compensatory Education
    Complaint
    Confidentiality
    Disability
    Discipline
    Discrimination
    Due Process
    Early Intervention
    Eligibility
    Evaluation
    Fape
    Ferpa
    Funding
    Goals
    Idea
    Iep
    Legislation
    Media
    Mediation
    Observation
    Parent Resources
    Parent Rights
    Placement
    Q&A
    Related Service
    School Choice
    Stay Put
    Teacher
    Transfer
    Transition
    Transportation


It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)

)
The Law Office of Lillian E. Wong, LLC
15 Morningside Drive
Topsfield, MA 01983
978-561-9001 (P)
978-561-1591 (F)
lwong@lillianwongesq.com

  © 2018  by The Law Office of Lillian E. Wong LLC, all rights reserved.
Disclaimer
Photos used under Creative Commons from BLW Photography, Nomadic Lass, Andy M Taylor, christiaan_008, woodleywonderworks
  • Blog
  • Wong & Boscarine LLC