Often, at IEP meetings, school districts present common justifications when confronted with the fact that a child has not progressed. Parents need to be prepared to address these justifications both at IEP meetings and during the school year. Click the link below to read justifications presented by schools and sample strategies for parents to address these excuses:
Strategies to Responding to School District Excuses
By Charles P. Fox, Attorney at Law
The common denominator among the following justifications is that there
is a neutral explanation for the lack of progress; the common
denominator for parents is that they need to document in writing their
responses.
Justification presented by school: "Your child has not been taking his/her medication" – or- "Your child needs medication."
Sample strategy to address the justification: Keep the school closely informed on medication changes and document the fact that medication does not necessarily address the underlying issue of the child having a learning disability. Schools are not generally qualified to recommend medications. Acknowledge the issue and refocus the meeting on issues such as how the school is going to teach your child. The unfortunate reality is that while medication certainly has its role, it is rarely the primary answer to the educational issues confronting your child.
Justification presented by school: "Your child is not progressing because s/he is going through puberty."
Sample strategy to address the justification: While that may be true, look for evidence that shows the real issue has existed for years (well before puberty), or present evidence that puberty is irrelevant to the fact that your child has not progressed.
Justification presented by school: "S/he is not doing his/her homework" -or- "All of his/her homework is perfect [because a parent or tutor is doing the work]."
Sample strategy to address the justification: Mark, in writing, all parental involvement in homework and keep all copies of homework. If the issue is homework completion, the district needs to be pressed to evaluate why homework is such an issue. Typically, it is symptomatic of disability-related issues.
Justification presented by school: "But his/her report card is perfect and the goals are checked off as making progress (with no other details)."
Sample strategy to address the justification: Pay attention to the smaller details of IEPs, such as evaluation criteria — "logging" or "charting" — which means that there is written data to support the conclusion. Request all underlying data that supports progress. Keep a sharp eye for discrepancies between tests, quizzes, grades given and grades reported. Be vigilant about good grades when objective or other data (including your own sense) shows that your child is not progressing.
Justifications presented by school: "Your child’s learning is not an issue for us at school, so it must be a bad home situation that is causing the problem."
Sample strategy to address the justification: Look more closely and evidence can usually be found that the school district is ignoring the real issue in front of them. Learning issues are not typically confined to one setting only. Ask for questionnaire/observational evaluations to document the issue and come up with remedies.
Justifications presented by school: "Your child is just choosing not to do his/her work."
Sample strategy to address the justification: Volitional conduct is one of the biggest excuses. How does the district know it is volitional? Your child is choosing not to read, write and be miserable? What is the gain for your child in taking such a tough road? Ask for data and assessments to look further as to what is really happening. This justification is used often and takes a variety of forms; it must be examined closely, as it can be very corrosive of school personnel’s attitude toward your child.
Justification presented by school: "We never knew the extent of the problem" -or- "If you told us about this sooner we could have addressed it."
Sample strategy to address the justification: This excuse is usually brought up when parents have presented an outside evaluation that puts a spotlight on the child’s disability. If the school’s evaluations appear to be deficient, then raise your concerns in writing. Object to conclusions that do not comport with reality as you see it. Caution: your objection could be construed to be a request for an independent education evaluation (IEE) at public expense. Requests for IEEs have recently triggered many districts to file for due process against parents, who in turn have lost many of these cases. Make it clear what your intentions are with regard to IEEs. Generally raise objections at or soon after IEP meetings and during the school year. A paper trail is crucial!
Justification presented by school: "Your child’s issue is developmental."
Sample strategy to address the justification: How does the school know the issue is developmental? Where is the research that suggests a developmental origin of the issue?
Justification presented by school: "We have expertise to address this issue in house."
Sample strategy to address the justification: Question every aspect of this assertion, observe, and have your experts observe. What are your credentials beyond a course or two or some minimal training? Why were these "experts" not brought out earlier? Is the curriculum systemically based to address my child’s issues? Is the class small enough and homogeneous enough to address the issue? What methods are you using? Are these methods scientifically validated? What are the outcomes of students coming out of XYZ programs?
Justification presented by school: "I am deeply hurt and offended that you do not trust us after all of the hard work we have put into your child" -or "We are already doing _____ (i.e. multisensory). You just don’t realize it."
Sample strategy to address the justification: The complaint is not personal to them. If they choose to be offended by your advocacy, that is their issue. You have to press for answers and solutions, which can hopefully be done cooperatively. If they are already doing the _____ intervention, then why do you not see the progress? Often, "multisensory" is a term that is loosely thrown around but not applied in a way that applies to your child’s disability. Finally, if data is applicable, ask if the school has any data/proof that shows your child is getting ____ intervention.