Introduction
This page hopes to inform parents of the appeals process. Sometimes we, as parents, disagree with decisions and statements regarding our gifted children made by school officials, or school boards. Whether it be that you disagree with the identification of your child, your child's IPRC, or IEP, it is important for you to understand that you can appeal these decisions. Oftentimes, if we are able to invest the time and effort, we will be able to effect positive change for our children.
The responses to the questions that follow are from the two knowledgeable and effective advocates, Michele (whose responses are in in this color) and Carrie (whose responses are in this color).
Also included on this page are two cases which were brought before the courts where the parents were successful in challenging their school boards decisions.
What do you do when you believe your child needs to have an IPRC convened and your child's teacher does not?
First, gather your information - what has your child done/said/learned that makes you believe that he/she is gifted? Write it down with examples of the work if applicable. Then, write a letter to the principal formally requesting an IPRC meeting. You, as a parent, have the legal right (and the moral responsibility) to advocate for the best possible education for your child, even if the teacher disagrees. Remember, you know your child best and see a side of him/her that the school often never sees, and so what may be obvious to you, may be invisible to the teacher. M.
This is more a political issue rather than a legal one. Legally it doesn't matter whether the teacher or the principal believe your child should have an IPRC. Simply request in writing that an IPRC be convened. The principal must let you know within 15 days a close proximity to when the IPRC will take place. You must be given 10 days notice in advance of the IPRC. Once you put it in writing the teacher and principal have nothing to say about whether the IPRC is to take place.
Politically, it is always nice to have the teacher and the principal onside. There is no reason to purposefully alienate them, but if what they perceive as the correct placement for your child is contrary to what you perceive, then one simply goes ahead and does what you as a parent feel is right. C.
What do you do when you disagree with the decisions made in the IPRC?
To go backwards a little, remember that you have the right to present your own information at the IPRC, whether that be the observations I spoke of above, or private assessments from out-of-school sources. You also have the right to have an advocate present with you at the IPRC. If you have done this and still an identification and/or placement decision has been made that you disagree with, then do 2 things- first, refuse to sign anything on the spot, and second, within the 15 days after the meeting write a formal letter of appeal to the secretary of the school board stating what it is you disagree with and a brief indication of why, including the name of your representative for the appeal and a date by which you request a reply. M.
It is always worthwhile telling the Principal what placement you believe is the appropriate one for child; well in advance of the IPRC. By doing so you can discuss the placement, and hopefully the Principal will tell you what his/her recommendation will be to the IPRC committee.
If the decision of the IPRC, whether it be identification or placement is contrary to the parent's preferences, the parent may either request a second IPRC ( should be within 2 weeks of 1st IPRC) or file an appeal of the IPRC with the board. If you have had a second IPRC, you still have the option of appeal.
I believe in safe rather than sorry, so as a rule of thumb I you not sign anything during the IPRC. This is usually is the safest tact. One board in Ontario used to hand the parent the IPRC decision and ask them to sign stating it was just to show they had been there. In reality the signature was for approval of the IPRC decision by the parent.
To appeal you must send the Secretary of the board ( the Director of Education) , with 30 days of the IPRC, a letter requesting an appeal of placement, identification or both. The safest way to send this letter is by express post , this dates your mailing and gives you a receipt.
You should plan out ahead who will be your appeal member choice on the appeal panel. Ideally you want someone who is well versed in education law and understands your exceptionality. Your local association of ABC can often recommend someone.
The appeal member chosen by the board and your appeal member may choose the chair. If that doesn't take place the Min. of Education - District Manager must appoint.
The appeal will hear the same case as the IRPC, but in more depth. They may overrule the IPRC. However, the board still chooses whether or not to accept the recommendation of the appeal board.
Should the appeal board make a recommendation, in conflict with the parents desires, or if the board refuses to accept the appeal board recommendation. The parent may choose to file for a Tribunal. The Tribunals decision is binding on the board. C
What do you do when you find that the goals for your child, as indicated in their IEP, are not being met?
I have two answers to this: The first is, if it is a difficulty with a particular teacher or particular subject then ask for a meeting with that person and talk about what is not working and why you/your child feel that way. The second answer is, if the problem is a lack of specificity in the IEP itself or a wholescale refusal to implement any of the modifications then contact the principal and ask for an IEP review meeting and have the whole thing revised. Write down ahead of time what it is you would like to see in an IEP and give a copy to the principal before or during the meeting. Part of this process involves finding out what resources are actually available within your school board. Your nearest ABC chapter can help there, as can other parents with identified children, as can OG's message board. M.
Here I am a skeptic as to the value of an IEP. Rarely are IEP's written so as to allow for accountability. Unless it is originally written with specific actions and specific goals there is simply no way to contest that it is not being met.
If the IEP is clearly not addressing an exceptionality one can request an IPRC to discuss the current placement and argue that the placement is not fulfilling the needs of the child. I have seen this work in a case of gifted/LD, however the case had to be brought to the appeal level before it was resolved to the parent's satisfaction. C.
What do you do when you disagree with your child's assessment?
It depends on what kind of assessment you are dealing with. If we are speaking of the gifted screening provided by the school board then your task is to learn as much as you can about the test in question including the margin of error. Then you may ask for further testing at the school board level (be prepared for a refusal), arrange for outside assessment at your own expense, or, if you are as brave (?foolhardy) as I was, you can mount a legal challenge to the identification procedure used and quote from my son's Tribunal decision to support your position. Having a previous win as a precedent should make the challenge easier.
If we are speaking of in-class assessments, eg. your child was given a "C" where you believe a "B" or "A" would have been appropriate, then I would suggest picking your battles carefully. This kind of thing is not usually worth fighting for unless the issue is seriously upsetting your child and/or undermining his/her confidence. Gifted children are very sensitive to perceived injustices. M.
The board often makes assessments using SERT's as administrators of preset testing materials. The OSLAT is one of the most commonly used as a screening for gifted children. The test is only as good as it's price tag - about $25.00 to the board. It is multiple choice, and some children taking the test, have never seen a test in this format before, or at least do not have a lot of experience with it. There can be a wide divergence between an OSLAT and a WISC III score.
WISC's are expensive comparatively to the OSLAT ($500 -1500). However they give a a much wider picture of the child and override the results of an OSLAT . C.
The Identification and Placement of Cameron Bharath Between Dr. Michele Alexis and Mr. Keppel Bharath, Appellants and Upper Canada District School Board. Finding: IQ assessment not always valid indicator of true gifts, student should be placed in a congregated gifted class.
Challenging an identification or placement decision– one family’s story
Challenging an identification or placement decision - one family's story: The saga continues
XYvsXX -- Finding: Congregated gifted classes must be available for gifted high school student
James' Story. Read about how one family overcame senseless obstacles to have their highly gifted child identified as such by their school board. This story highlights the many advantages of parental persistence, knowledge and advocacy.