IEP Confusion

My daughter has had an IEP since 1st grade. She repeated the 3rd grade again this year with the same special education teacher because the school only has one special education teacher for the third grade. Is this legal?  Are the special education teacher suppose to notify me that my daughter is still having trouble and advise me to call and set up an appointment to have her IEP modified to include other services such as SETTS and not wait to parent teacher night.  

[Sandman2]

   Yes, it is very common to have only one special ed teacher per grade level - especially at the elementary school level.   And, of course, you had the final say as to if she repeated the grade level or not.  
   Typically, an IEP is modified at the end of the school year for the upcoming school year.  As such, it would be unusual to modify it so early in the new school year.  And, I would imagine that since the teacher does know your daughter that she was more focused on helping the kids that she had never worked with before.  
   Hope this helps.