IEP Discrepancies: What to Do When Reality Differs

"The IEP progress report arrives in your inbox. You open it, your heart beating a little faster, and see the words you've been hoping for: 'Goal Met.' The report says your child is now consistently identifying basic shapes, a goal you've been working on for what feels like forever. But later that day, you sit down with your child and the same set of shape blocks from their classroom. You ask them to hand you the circle. They hand you the square. You try again. Same result. The report says one thing, but reality in your living room says another."

If you've ever read your child's IEP progress report and thought "That doesn't match what I'm seeing at home," you're not alone. And more importantly, you're not wrong to question it.

This is one of the most common—and most frustrating—situations parents face in special education. The school reports that your child is "making progress" or has "mastered" a goal, but when you try the same skill at home, your child can't do it. The disconnect is jarring, confusing, and leaves you wondering: Are they lying? Are they incompetent? Or is something else going on?

Here's what you need to know: You have the legal right to see the actual data—not just the summary reports. And in this post, I'm going to show you exactly how to demand it, what to look for, and how to have an assertive, legally-backed conversation with your school.

The Problem: Progress Reports Without Proof

Let's start with what you're probably getting right now from your school:

Quarterly Progress Report:

"Goal: Student will match colors with 80% accuracy.
Progress: Goal met. Student is matching colors consistently."

Sounds great, right? Except when you try this at home, your child can't do it. So what's happening?

The Three Most Common Scenarios:

1. The school is using subjective "teacher observation" instead of objective data

Wrightslaw, the leading authority on special education law, explicitly warns parents about this practice:

"When a child's progress is monitored by subjective 'teacher observations' and 'teacher-made tests,' parents do not have objective data about their child's progress toward the goals in the IEP. In these situations, you are being asked to rely on a teacher's subjective beliefs and/or opinions. You should be concerned about this practice."

Translation: "I think she's doing better" is not data. "She seems to match colors most of the time" is not data. Data is numbers. Data is "5 out of 10 trials." Data is objective and measurable.

2. The skill isn't generalizing outside the specific teaching context

Your child might be able to match colors when:

Using the exact same materials the teacher uses
In the exact same setting (therapy room, resource room)
With the exact same verbal prompts
With the exact same person

But they can't do it at home with you, with different materials, or in a different setting. This is not mastery—this is prompt-dependency or context-dependency. A truly mastered skill should generalize across settings, people, and materials.

3. The data collection is flawed, inconsistent, or fabricated

I wish this weren't true, but it happens. Sometimes teachers:

Don't collect data consistently (or at all)
Fill out data sheets from memory at the end of the week
Inflate scores to make progress look better than it is
Count prompted responses as independent responses
Don't follow the measurement criteria written in the IEP

This isn't always malicious—sometimes it's due to overwhelming caseloads, lack of training, or pressure from administrators to show progress. But regardless of the reason, it's a violation of your child's rights.

Your Legal Rights: What the Law Says About IEP Data

Here's what many parents don't know: You have the legal right to see the actual data—the raw numbers, the data sheets, the trial-by-trial records—not just the summary reports.

IDEA (Individuals with Disabilities Education Act) Requirements:

Under IDEA, your child's IEP must include:

"A description of how the child's progress toward meeting the annual goals will be measured and when periodic reports on the progress the child is making toward meeting the annual goals will be provided." [20 U.S.C. § 1414(d)(1)(A)(i)(III)]

This means the IEP must specify:

How progress will be measured (what data collection method)
When you'll receive progress reports (at least as often as report cards)

But here's the critical part: The law requires objective, measurable data—not subjective opinions.

FERPA (Family Educational Rights and Privacy Act) Rights:

Under FERPA, you have the right to:

"Inspect and review any educational records relating to their children that are collected, maintained, or used by the school." [34 C.F.R. § 99.10]

This includes:

Data collection sheets
Behavior logs
Assessment results
Progress monitoring records
Observation notes
Any records used to determine your child's progress on IEP goals

The school must comply with your request "without unnecessary delay and before any meeting regarding an IEP...and in no case more than 45 days after the request has been made." [34 C.F.R. § 300.613(a)]

What This Means in Plain English:

You don't have to accept vague progress reports. You can demand to see:

The actual data sheets showing trial-by-trial performance
How many times the skill was attempted
How many times your child was successful
What level of prompting was needed
Who collected the data and when
The specific materials and conditions used

And the school is legally required to provide this to you within 45 days.

What Good IEP Data Should Look Like

Before we talk about how to demand better data, let's establish what good data looks like so you know what to ask for.

Characteristics of Objective, Measurable Data:

1. Specific and Quantifiable

❌ **❌ Bad: "Student is getting better at counting."
✅ **✅ Good: "Student counted 1-5 objects with 100% accuracy in 4 out of 5 trials on 3/15/2026."

2. Consistent Measurement

❌ Bad: Data collected "occasionally" or "when convenient"
✅ Good: Data collected at least 2-3 times per week, on scheduled days

3. Clear Criteria

❌ **❌ Bad: "Student will count objects with help"
✅ **✅ Good: "Student will independently count up to 10 objects with 1:1 correspondence with 90% accuracy across 3 consecutive sessions"

4. Multiple Data Points

❌ Bad: One observation used to determine "goal met"
✅ Good: At least 3-5 data points per reporting period showing consistent performance

5. Documented Conditions

Good data sheets should document:

Date and time
Who collected the data
Materials used
Setting (classroom, therapy room, etc.)
Level of prompting (independent, verbal prompt, physical prompt, etc.)
Number of trials
Number of correct responses

Example of Good Data Collection:

**Goal: Student will count up to 10 objects with 1:1 correspondence with 90% accuracy across 3 consecutive sessions.s.

Data Sheet:

Date	# of Objects	Correctly Counted	% Accuracy	Prompt Level	Notes
3/1/26	10	6	60%	2 verbal prompts	Skips number 4
3/3/26	10	7	70%	1 verbal prompt	Recounts objects
3/5/26	10	9	90%	Independent	Successful
3/8/26	10	9	90%	Independent	Maintained performance
3/10/26	10	10	100%	Independent	Generalized to new objects

This is what you should be seeing. Not "goal met" with no supporting evidence.

Red Flags: Signs Your Child's Data May Be Unreliable

Watch for these warning signs that suggest the data you're receiving may not be accurate:

🚩 Red Flag #1: "Teacher Observation" as the Only Measurement Method

If the IEP says progress will be measured by "teacher observation" or "teacher-made tests" with no objective criteria, that's a problem.

Why it's a problem: Teacher observation is subjective and can't be verified. One teacher might think your child "usually" does something, while another might disagree. There's no accountability.

🚩 Red Flag #2: Perfect or Near-Perfect Progress on Every Goal

If your child's progress report shows 90-100% mastery on every single goal, but you're not seeing that level of performance at home, be suspicious.

Why it's a problem: Real progress is rarely linear or perfect. Most students have some goals where they make great progress and others where they struggle. If everything looks perfect on paper but not in reality, the data may be inflated.

🚩 Red Flag #3: No Data Sheets or "Data Was Lost"

If you request to see the actual data sheets and the school says:

"We don't keep those"
"The teacher doesn't have them anymore"
"They were accidentally thrown away"
"We only keep summary reports"

This is a major red flag.

Why it's a problem: Schools are required to maintain education records, including data collection records. If they can't produce the data, they may not have been collecting it—which means the progress reports are based on nothing.

🚩 Red Flag #4: Vague or Inconsistent Reporting

Progress reports that say things like:

"Making progress"
"Improving"
"Doing well"
"Mostly successful"

These are meaningless without numbers.

🚩 Red Flag #5: Skills Don't Generalize

Your child can perform the skill:

Only with one specific teacher
Only in one specific setting
Only with one specific set of materials
Only with heavy prompting

But the IEP says "goal met" without documenting these limitations.

Why it's a problem: True mastery means the skill generalizes across people, settings, and materials. If your child can only do it under very specific conditions, the goal isn't actually met.

🚩 Red Flag #6: You're Not Seeing Progress at Home

This is the most important red flag of all. You know your child. If the school says your child can do something, but you've tried it multiple times at home and your child can't do it, trust your instincts.

How to Demand the Data: Your Step-by-Step Action Plan

Now let's talk about how to actually get this information from your school. Here's your assertive, legally-backed approach:

Step 1: Request the Raw Data in Writing

Do not make this request verbally. Always put it in writing so you have documentation.

Sample Email:

Subject: Request for IEP Progress Monitoring Data - [Child's Name]

Dear [Teacher/Case Manager Name],

I am writing to request access to the raw data and progress monitoring records for my child, [Child's Name], for all IEP goals for the [time period - e.g., "2025-2026 school year" or "current quarter"].

Under FERPA (34 C.F.R. § 99.10) and IDEA (34 C.F.R. § 300.613), I have the right to inspect and review all educational records relating to my child, including data collection sheets, progress monitoring records, and any assessments used to measure progress toward IEP goals.

Specifically, I am requesting:

All data collection sheets showing trial-by-trial performance for each IEP goal
The dates data was collected
Who collected the data (teacher name, therapist name, etc.)
The specific measurement methods used (e.g., direct observation, standardized assessment, curriculum-based measurement)
The conditions under which data was collected (setting, materials used, prompting level)
Any assessment results used to determine progress

Please note that under 34 C.F.R. § 300.613(a), you must comply with this request "without unnecessary delay" and "in no case more than 45 days after the request has been made."

I would appreciate receiving these records within [suggest 2 weeks] so that I can review them before our next IEP meeting on [date, if applicable].

If there are any questions about this request, please contact me at [your phone] or [your email].

Thank you for your cooperation.

Sincerely,
[Your Name]
[Date]

Why this email works:

✅ It's specific about what you're requesting
✅ It cites the legal regulations
✅ It gives a reasonable timeline
✅ It's professional but firm
✅ It creates a paper trail

Step 2: Follow Up If You Don't Receive a Response

If you don't hear back within 1-2 weeks, send a follow-up email:

Subject: FOLLOW-UP: Request for IEP Progress Monitoring Data - [Child's Name]

Dear [Name],

I am following up on my email from [date] requesting access to the raw data and progress monitoring records for my child's IEP goals.

I have not yet received a response or the requested records. Please confirm receipt of my request and provide an estimated date when I can expect to receive these records.

As a reminder, under 34 C.F.R. § 300.613(a), the school must comply with this request within 45 days.

Please respond by [date - give them 3-5 business days].

Thank you,
[Your Name]

Step 3: Escalate If Necessary

If the school still doesn't respond or refuses your request, escalate to:

1. The Special Education Director

Subject: Formal Request for IEP Data - FERPA/IDEA Compliance Issue

Dear [Special Education Director Name],

I am writing to formally request your assistance in obtaining IEP progress monitoring data for my child, [Child's Name], a student at [School Name].

On [date], I submitted a written request to [teacher/case manager name] for access to raw data and progress monitoring records for my child's IEP goals, as is my right under FERPA (34 C.F.R. § 99.10) and IDEA (34 C.F.R. § 300.613).

[If you followed up: On [date], I sent a follow-up request.]

To date, I have not received the requested records or any response explaining why they cannot be provided.

I am requesting your immediate intervention to ensure compliance with federal law. Please provide the requested records within [5 business days] or provide a written explanation for any delay.

If this matter is not resolved promptly, I will need to file a formal complaint with the [State Department of Education] regarding the district's failure to comply with FERPA and IDEA requirements.

I look forward to your prompt response.

Sincerely,
[Your Name]
CC: [Principal Name], [Superintendent Name - if appropriate]

2. File a State Complaint

If the district still doesn't comply, you can file a formal complaint with your state's Department of Education. Every state has a process for filing special education complaints.

What to include in your complaint:

Timeline of your requests
Copies of all emails
Explanation of how the district violated FERPA/IDEA
What you're requesting as a resolution

Find your state's complaint process: Use the Wrightslaw Yellow Pages for Kids to find your state's Department of Education special education office.

Step 4: Review the Data When You Get It

Once you receive the data, here's what to look for:

Questions to Ask Yourself:

1. Is the data objective and measurable?

Are there actual numbers (e.g., "7 out of 10 trials")?
Or is it subjective (e.g., "usually successful")?

2. Is the data collected frequently enough?

Is there data from multiple dates throughout the reporting period?
Or just one or two data points?

3. Is the data consistent?

Does it show a clear pattern of performance?
Or is it all over the place (suggesting inconsistent teaching or measurement)?

4. Does the data match the IEP goal criteria?

If the goal says "80% accuracy across 3 consecutive sessions," does the data show that?
Or does it show something different?

5. Is prompting level documented?

Does it show whether your child performed independently?
Or with verbal/physical prompts?

6. Does the data explain the disconnect you're seeing?

Does it show your child only succeeds with heavy prompting?
Does it show success only in one specific setting?
Does it show the skill isn't generalizing?

What to Do If the Data Is Missing or Inadequate:

If you receive data that is:

Incomplete (missing dates, missing data points)
Subjective (based on "observation" with no numbers)
Inconsistent with what the progress report claimed
Non-existent ("we don't have data sheets")

This is a serious problem that needs to be addressed immediately.

Step 5: Have the Assertive Conversation with the School

Now that you have (or don't have) the data, it's time to address the issue directly. Here's how to have an assertive, productive conversation:

Request an IEP Meeting

Send an email requesting a meeting:

Subject: Request for IEP Meeting - Concerns About Progress Monitoring

Dear [Case Manager],

I am requesting an IEP meeting to discuss concerns about the progress monitoring and data collection for [Child's Name]'s IEP goals.

Specifically, I have concerns about:

[Be specific - e.g., "The disconnect between reported progress and my child's actual performance at home"]
[e.g., "The lack of objective data supporting the claim that Goal #1 has been met"]
[e.g., "The use of subjective teacher observation as the only measurement method"]

I would like to schedule this meeting within the next [2 weeks/30 days].

Please provide me with at least 3 possible dates and times for the meeting.

Thank you,
[Your Name]

During the Meeting: What to Say

Start with your observations (not accusations):

✅ "I've been working on color matching with [child] at home, and I'm not seeing the same level of performance that's reported in the progress report. Can you help me understand the disconnect?"

Ask to see the data:

✅ "Can you show me the data sheets that support the progress report? I'd like to see the trial-by-trial data."

If they can't produce data:

✅ "I'm concerned that without objective data, we can't accurately determine if [child] is making meaningful progress. How can we ensure data is being collected consistently going forward?"

If the data shows heavy prompting:

✅ "I see that [child] is successful with verbal prompts, but the goal specifies independent performance. Can we discuss whether this goal has truly been met, or if we need to continue working on independence?"

If the skill isn't generalizing:

✅ "The data shows [child] can do this in the therapy room with specific materials, but not at home or in the classroom. True mastery should generalize across settings. How can we address this?"

Propose solutions:

✅ "I'd like to request that we revise the progress monitoring section of the IEP to specify objective, measurable data collection methods—not just teacher observation."

✅ "I'd like to request that data sheets be shared with me monthly so I can see real-time progress and we can address concerns before the quarterly report."

✅ "I'd like to request that goals include generalization criteria—that [child] must demonstrate the skill across multiple settings and with multiple people before it's considered mastered."

What NOT to Say:

❌ "You're lying about my child's progress."
❌ "You're incompetent."
❌ "I don't trust anything you say."

Why: Even if you feel this way, accusations will make the team defensive and less likely to work with you. Stay focused on the data (or lack thereof) and solutions.

Step 6: Revise the IEP to Require Better Data Collection

The ultimate goal is to revise your child's IEP to require objective, measurable data collection going forward. Here's what to request:

IEP Language to Request:

In the "Progress Monitoring" section of each goal, add:

"Progress will be measured using [specific method - e.g., direct observation, curriculum-based measurement, standardized assessment] with data collected at least [frequency - e.g., 2-3 times per week]. Data sheets documenting trial-by-trial performance, including date, number of trials, number of correct responses, and level of prompting, will be maintained and shared with parents upon request."

For generalization, add:

"Mastery of this goal requires the student to demonstrate the skill independently (with no more than [X] prompts) across at least [2-3] different settings, with at least [2-3] different people, and with varied materials."

For parent communication, add:

"Raw data sheets will be provided to parents monthly (or upon request) in addition to quarterly progress reports."

If the School Resists:

School says: "We don't have time to collect data that frequently."

Your response: "IDEA requires that progress be measured objectively. If data collection is too burdensome, we need to discuss reducing the number of goals or adjusting the service delivery model to make data collection feasible."

School says: "We've never shared raw data with parents before."

Your response: "Under FERPA, I have the legal right to access all education records, including data sheets. This isn't optional—it's federal law."

School says: "Teacher observation is a valid measurement method."

Your response: "Teacher observation can be part of the picture, but it shouldn't be the only method. Wrightslaw specifically warns parents about relying solely on subjective observations. I'm requesting objective, numerical data in addition to observations."

Your IEP Data Checklist

Use this checklist to evaluate your child's current IEP and progress monitoring:

Current IEP Review:

☐ Does each goal specify how progress will be measured?
☐ Does each goal specify when progress will be reported?
☐ Are the measurement methods objective and quantifiable (not just "teacher observation")?
☐ Do goals include mastery criteria (e.g., "80% accuracy across 3 sessions")?
☐ Do goals include generalization criteria (across settings, people, materials)?
☐ Is there a plan for sharing raw data with parents?

Progress Report Review:

☐ Does the progress report include actual numbers (not just "making progress")?
☐ Does the progress report match what you're seeing at home?
☐ If there's a disconnect, have you requested the raw data?
☐ Have you received data sheets showing trial-by-trial performance?
☐ Does the data show consistent measurement over time?
☐ Does the data document prompting levels?

Action Items:

☐ Request raw data in writing (use email template above)
☐ Review data for red flags
☐ Request IEP meeting to address concerns
☐ Propose specific IEP revisions for better data collection
☐ Follow up monthly to ensure data is being collected

Download Printable Checklist PDF →

The Bottom Line: Data Is Your Proof

Here's what you need to remember:

1. You're not being unreasonable. If your child's IEP says they can do something, but you're not seeing it at home, that's a legitimate concern that deserves investigation.

2. You have legal rights. Under FERPA and IDEA, you have the right to see the actual data—not just summary reports.

3. "Teacher observation" is not enough. Subjective observations should be supplemented with objective, measurable data.

4. Progress should generalize. If your child can only perform a skill under very specific conditions, the goal isn't truly met.

5. You can demand better. You have the right to request that the IEP be revised to require objective data collection and regular sharing of that data with you.

The proof is in the data. Not in vague progress reports. Not in teacher opinions. In actual, objective, trial-by-trial data showing how many times your child attempted the skill and how many times they succeeded.

When's the last time they gave you any? Not a report card—but the actual data sheets. How many times out of how many tries. What color matches. Which ones continue to be difficult and what's the plan to address that.

If you can't answer those questions, it's time to demand the data.

How IEP Advocate.ai Makes This Easier

Tracking down data, requesting records, and holding schools accountable is exhausting. That's why we built tools to help:

Our Platform Helps You:

1. Draft Data Request Letters

Generate FERPA/IDEA-compliant data request emails in seconds
Choose from 5 advocacy tones (Collaborative to Beast Mode)
Include all necessary legal citations automatically

2. Organize and Analyze Data

Upload data sheets and progress reports to your digital binder
Track progress over time with visual dashboards
Identify patterns and red flags instantly

3. Prepare for IEP Meetings

Generate questions to ask about data collection methods
Create comparison charts showing reported progress vs. home performance
Access legal research on progress monitoring requirements

4. Know Your Rights

Search our Law Brain for FERPA, IDEA, and state regulations
Get plain-English explanations of your rights
Find relevant case law supporting your requests

5. Document Everything

Track all communication with the school
Store emails, data sheets, and progress reports in one place
Create a paper trail for potential disputes

Try IEP Advocate.ai Free for 14 Days →

No more scrambling through papers. No more wondering what to say. No more accepting vague progress reports.

Get the data. Demand the proof. Advocate with confidence.

Frequently Asked Questions

Q: Can the school refuse to give me the raw data?

A: No. Under FERPA (34 C.F.R. § 99.10), you have the right to inspect and review all education records relating to your child, including data collection sheets. If they refuse, you can file a complaint with your state Department of Education.

Q: What if the school says they don't keep data sheets?

A: That's a major problem. If they're not collecting data, how are they determining progress? This should be addressed immediately in an IEP meeting, and you should request that data collection procedures be added to the IEP.

Q: How often should I be receiving raw data?

A: At minimum, you should receive progress reports as often as report cards (usually quarterly). However, you can request more frequent updates—monthly or even weekly—especially if you have concerns about progress.

Q: What if the data shows my child is making progress, but I'm not seeing it at home?

A: This suggests a generalization problem. The skill may be emerging in the school setting but hasn't generalized to other environments. Request that the IEP be revised to include generalization criteria and that the team develop a plan for helping your child transfer skills to home.

Q: Can I record IEP meetings to document what's said about data?

A: This depends on your state's recording laws. Some states allow one-party consent (you can record without telling them), others require two-party consent (you must notify the school in advance). Check your state's laws and, if required, notify the school in writing before the meeting.

Q: What if I request data and the school says it will take months to compile?

A: Under IDEA regulations, schools must comply with records requests "without unnecessary delay" and "in no case more than 45 days." If they claim it will take longer, ask why and request a specific timeline in writing. If it's taking months, that suggests they don't have organized records—which is itself a problem.

Q: Should I bring an advocate or attorney to the meeting?

A: If you're uncomfortable advocating alone, or if the school has been unresponsive to your concerns, bringing an advocate or attorney can be helpful. At minimum, bring a supportive friend or family member to take notes and witness what's said.

Q: What if the school retaliates against me for requesting data?

A: Retaliation is illegal. Document any changes in how the school treats you or your child after you make requests. If you believe retaliation is occurring, file a complaint with your state Department of Education and consider consulting with a special education attorney.

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Related reading:

What to Do When Your Child's IEP Doesn't Match Reality