I can't speak for other states, but here I don't think they care about progress as long as a child is meeting the grade level standards (and even that they don't seem to necessarily care about, as evidenced by the fact that they refused to write DD an IEP even though she's about 2 grade levels below for writing). Their logic is that she's not failing (according to standardized testing and letter grades), therefore nothing needs to be done. If in say, 3 years, there is no progress, at that point she would be in the lower percentiles and would be "failing". They are totally unconcerned with any child who is meeting the standards, esp. a child above the standards. I'm actually surprised that you got your way with the school, considering my own experience.