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EP 146 | Sue Lux On Why Schools Deny IEPs and What Parents Can Do

 

Parents often hear reassuring phrases from schools: “Your child is making progress,” “They do not need testing,” “A 504 plan should be enough,” or “They met their goals, so they no longer need an IEP.” Those statements can sound comforting at first. But as Frances Shefter and special education advocate Sue discussed in this episode of StressFree IEP, parents need to know when those phrases may actually be red flags.

The heart of the conversation was simple: decisions about a child’s education should be based on data, not convenience, assumptions, or vague impressions. When a child is struggling, when services are being removed, or when the school is refusing to evaluate, parents have the right to ask deeper questions.

A 504 Plan Is Not Always Enough

One major concern Sue raised is that many students on 504 plans may actually need IEPs. A 504 plan can provide accommodations, but it is not the same as specialized instruction. If a student has autism, a learning disability, anxiety, depression, speech needs, executive functioning challenges, or other areas of suspected disability, the school may need to evaluate whether the child qualifies for special education.

Grades alone do not tell the full story. A child may be passing but still struggling to keep up, relying on outside tutoring, needing constant adult support, or falling apart at home after holding it together all day.

Parents should pay attention when a school says, “They’re doing fine,” but the child is showing signs of real difficulty. Are they overwhelmed by assignments? Avoiding school? Spending hours on homework? Unable to organize materials? Struggling with reading, writing, speech, or emotional regulation? Those concerns matter.

As Sue emphasized, when there is a suspected disability and areas of need, schools should not act as gatekeepers to testing.

If the School Refuses Testing, Ask for It in Writing

Frances gave parents a practical response when a school says no to testing: ask for Prior Written Notice.

That means asking the school to put in writing what decision they made, what information they relied on, and why they refused the evaluation. This one step can shift the conversation because it requires the school to explain its reasoning.

A parent can say:

“Please provide Prior Written Notice explaining the decision not to evaluate, what information the team used, and why testing was refused.”

That is not aggressive. It is informed advocacy. It also creates a paper trail.

The same principle applies when a school wants to change placement, remove services, dismiss a child from speech, or move a child to a more restrictive environment. The question is always: Where is the data?

Progress Reports Should Show Real Progress

Another powerful part of the conversation focused on progress reports. Frances described seeing reports marked “making sufficient progress,” while the actual numbers tell a very different story. If the goal is 80% and the child is at 20% near the end of the IEP year, parents should question how that can be considered sufficient progress.

Sue added that when she asks for the data behind progress reports, sometimes there is little or none. A few work samples are not the same as consistent data collection.

Parents can ask for:

  • Data sheets
  • Work samples over time
  • Observations
  • Anecdotal notes
  • Progress monitoring records
  • Baseline data and updated performance levels

The IEP should not be based on opinions alone. If a service is being removed or a goal is being marked as met, the team should be able to show why.

Meeting Goals Does Not Automatically Mean the IEP Should End

One of Frances’s strongest points was about schools removing IEPs because a child is “doing well.” That can sound logical until you ask why the child is doing well.

Is the child succeeding because of the IEP supports? If so, removing those supports may set the child up to struggle again.

Frances compared it to saying a person using a wheelchair can get from one place to another, so they no longer need the wheelchair. The support is part of what makes access possible.

When a child meets IEP goals, that may mean the team should write new goals, update assessments, or look at the next level of need. It does not automatically mean the child no longer needs special education.

Parents should be especially cautious with young children in kindergarten, first grade, or second grade. Early progress is important, but it does not erase underlying needs in areas like working memory, executive functioning, speech, reading, writing, or emotional regulation.

Computer Programs Are Not a Substitute for Direct Instruction

Sue also discussed reading intervention and the overuse of computer-based programs. Programs may be useful for practice or supplemental support, but they should not replace systematic, direct instruction from a trained teacher.

For students with dyslexia, decoding challenges, or foundational reading gaps, children often need explicit instruction in phonics, syllables, vowel patterns, fluency, and comprehension. They also need feedback in real time.

A child sitting on a computer program for long stretches may appear to be receiving intervention, but parents should ask:

  • Who is providing the instruction?
  • Is it direct and systematic?
  • Is the teacher trained in the child’s area of need?
  • How often is progress being measured?
  • What happens if the child is not improving?

As Sue put it, families should not lose a year waiting to discover that a child did not make progress sitting on a computer.

Advocacy Can Be Collaborative and Still Be Firm

A strong theme throughout the episode was that parents do not have to be adversarial to be effective. Frances and Sue both emphasized professional, respectful advocacy. But respectful does not mean passive.

Parents can ask questions. Parents can request records. Parents can bring an advocate or attorney. Parents can ask for Prior Written Notice. Parents can disagree with school testing and request an Independent Educational Evaluation. Parents can question whether a placement is truly appropriate.

Frances also pointed out that advocates can be extremely helpful, but there are times when a matter may need to be referred to an attorney, especially if there has been no movement for a long period of time or due process may be needed.

The goal is not conflict for the sake of conflict. The goal is appropriate support for the child.

Do Not Forget the Learning Environment

The episode also touched on school building conditions, including concerns about mold, HVAC systems, air quality, and children who experience health symptoms at school. Sue encouraged parents to physically look at the school environment when they have concerns, document what they observe, and work together with other parents when needed.

A child cannot make meaningful progress if they are sick, exhausted, or unable to attend school consistently. School safety and student progress are connected.

The Bottom Line for Parents

The biggest takeaway from this conversation is that parents should not accept vague answers when their child is struggling.

Ask for the data. Ask for the records. Ask what supports are being provided. Ask whether the child needs an evaluation. Ask why services are being removed. Ask whether a 504 plan is truly enough. Ask for Prior Written Notice when the school says no.

You do not need to know every law or every acronym to begin advocating. You just need to know that your concerns matter, and that decisions about your child should be based on real information.

When something feels off, it is okay to pause and ask: “Where is the data?”

Would you like to get in contact with Sue? Click here!

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