[What Schools Don’t Tell You Series #4] “He’s Passing” Is Not the Legal Standard

Introduction

When families raise concerns about their child’s academic performance, they often hear a reassuring response:

“He’s passing.”

“She’s getting by.”

“Her grades are fine.”

At first glance, this sounds like good news. Passing grades suggest stability. They imply that the student is moving forward. But what schools rarely clarify is this: passing is not the legal standard for special education.

Under federal law, the question is not whether a student is failing. The question is whether the student is receiving an education that is appropriate in light of their individual needs. This distinction matters more than it appears.

The Legal Standard: Appropriate, Not Minimal

Special education law requires schools to provide a Free Appropriate Public Education (FAPE).

In Endrew F. v. Douglas County School District, the United States Supreme Court clarified that an IEP must be reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances. The Court rejected the idea that minimal or trivial progress is enough.

The legal standard is not:

• Avoiding failure

• Barely advancing from grade to grade

• Earning passing marks

Passing grades may reflect compliance with classroom requirements. They do not automatically demonstrate that the education is appropriate.

How “Passing” Can Mask Deeper Problems

A student may be passing for many reasons that have little to do with meaningful progress:

• Grades may be modified or curved.

• Assignments may be shortened or simplified.

• Parents may be providing extensive support at home.

• Teachers may prioritize effort over skill mastery.

• The student may be avoiding challenging coursework altogether.

In these cases, passing does not reflect independence, growth, or skill development. It may reflect accommodation without advancement. For students with learning differences, this distinction is critical. Academic gaps can quietly widen even while report cards appear stable.

The Risk of Quiet Stagnation

When schools rely on passing grades as proof of adequacy, several risks emerge:

• Skill deficits remain unaddressed.

• IEP goals remain unchanged year after year.

• Services are reduced because “things seem fine.”

• Students internalize lowered expectations.

The absence of failure becomes the ceiling. Over time, this can affect long-term readiness for higher education, employment, and independent living. A student who consistently “gets by” may graduate without having closed foundational gaps.

Why This Happens

Relying on passing grades is often not intentional neglect. It is institutional shorthand. Grades are visible. They are measurable. They provide a quick answer.

But the IEP process requires deeper analysis. Progress must be examined through:

Measurable IEP goals

• Data collection

• Growth over time

• Functional performance

• Executive functioning and independence

A student’s education cannot be reduced to a letter grade.

What Schools Are Required to Consider

When determining whether an IEP is appropriate, teams must consider:

• Whether the student is making meaningful progress toward individualized goals

• Whether services are sufficient to address identified needs

• Whether the student is developing skills that promote independence

• Whether academic advancement is ambitious, given the student’s circumstances

  
  

Passing is a data point. It is not a legal conclusion.

What Families Can Say

If you hear, “He’s passing,” you can respond with questions such as:

• “Is he meeting his IEP goals in a meaningful way?”

• “Are we closing skill gaps or maintaining them?”

• “How much support is required for him to earn those grades?”

• “Is this level of progress appropriate in light of his needs?”

These questions shift the conversation from performance to progress.

Conclusion

Passing grades may signal stability, but stability is not the same as appropriateness. Special education law protects students not from failure alone, but from stagnation. When “he’s passing” becomes the benchmark, expectations quietly shrink and long-term outcomes suffer.

An appropriate education is one that challenges, supports, and advances the student according to their unique circumstances. Understanding that difference helps families ensure that special education fulfills its promise, not merely to help students get by, but to help them move forward.