If the IEP team has not offered any goals for all areas of the student’s need, nor any progress reports, then District denied student a FAPE for the current and next school year 

 

The Supreme Court requires more than de minimus progress, it requires that students make genuine progress, which means the District must offer “an educational program that is ‘reasonably calculated to enable the child to receive educational benefits,’” meaning “to achieve passing marks and advance from grade to grade.” The court clarified this to mean “grade-level advancement for children with disabilities who can be educated in the regular classroom” and “more than de minimus progress” for those who cannot. Importantly, the Supreme Court noted that “a focus on the particular child is at the core of the IDEA”. The instruction offered must be ‘specially designed’ to meet a child’s ‘unique needs’. An IEP is not a form document. It is constructed only after careful consideration of the child’s present levels of achievement, disability and potential for growth.”