Educational programs and services must be responsive to a student’s actual performance over time.

When instruction, interventions, or services remain unchanged despite a lack of measurable progress, the program may not be appropriately aligned to the student’s needs. In such circumstances, a student’s ability to access, participate in, and benefit from educational programs and services may be affected.

The obligation to adjust services is ongoing and must be informed by current, objective data.

When Interventions Continue Without Results  

• Interventions continue without evidence of effectiveness

• Services, supports, or instructional approaches are not adjusted despite lack of progress

• Programming remains unchanged over time

• Progress monitoring data is collected but does not show improvment

• Changes to services or supports are delayed despite ongoing concerns

When This Occurs 

• The student’s needs are not being addressed

• Instruction is not responsive to performance

• Decisions are not based on objective data

What This Means

• Lack of progress is not just an outcome—it is data requiring action

• When progress is not demonstrated, the program must be reviewed and revised

• Continuing the same program without progress may limit access to appropriate instruction and services

Legal Foundations

Under the Individuals with Disabilities Education Act:

• IEPs must be designed to enable progress (34 C.F.R. § 300.320)

• Programs must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances” (Endrew F.)

Under the Americans with Disabilities Act and Section 504:

• Students must have an equal opportunity to access, participate in, and benefit from educational programs (28 C.F.R. § 35.130; 34 C.F.R. § 104.4)

• Schools must make reasonable modifications when needed to ensure access

When services are not adjusted in response to lack of progress, access to educational benefit may be limited.