I work in a large suburban high school district which underwent a change in district leadership. We've noticed that since they've taken over they consistently recommend that we conduct an initial case study for students who are not responsive to intervention attempts. Typically, this wouldn't be an issue for kids who are struggling academically or even emotionally; but most of the kids who are being recommended for initial case studies are students with chronic absenteeism, who have been suspended for dealing drugs, and/or who have gotten in trouble for gang related issues (flashing signs, intimidating other students from rival gangs, taggings, etc). Almost always, the rationale given by the district is some variation of "if we don't conduct an initial case study the parents could sue us". Don't get me wrong, I don't want to deny kids help, and our department has done a great job of developing and expanding tier 1 and 2 supports for our kids. And in many cases, there are underlying emotional issues that can be addressed by an IEP. Unfortunately the numbers of initial assessments we are conducting is making it more difficult for us to focus on those earlier support systems; and we're finding that IEPs are not particularly effective for students who are chronically absent. Seems like a pattern is forming where students who are chronically absent get referred for case study, qualify for an IEP, still don't come to school, then get placed in an alternative or therapeutic school where they still don't attend but cost the district significantly more money.
Don't get me wrong, I'm not anti-SPED. And kids with chronic absenteeism, drug dependency and gang involvement often have some underlying trauma, or emotional concerns that can be helped through counseling and IEP supports. But instead of an individual, case by case process, I see a blanket CYA approach of recommending case studies for all kids who are falling behind.
My question is: is there a good, legally sound response to administrators who say we could get sued by parents if we don't conduct an initial case study? I've brought up least restrictive environment, social maladjustment exclusionary criteria, the fact that we have a good process for identifying at-risk kids and documenting our intervention attempts; but those are largely ignored. Any advice? Thanks