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Doing Your Homework:
Retention! Special Ed Teacher Needs Ammunition
by Sue Whitney, Research Editor, Wrightslaw

I am a third year special ed teacher in California. I am having a big disagreement with my mentor about retention.

I say research shows that retention is not successful. It is inappropriate to suggest retention for students with IEPs. (I believe it violates the spirit of IDEA, if not the letter of the law.) Can you suggest any resources or caselaw that is relevant to this issue?

P.S. My mentor teacher says I feel this way because I am "new" but after I have taught as long as he has, I will see things differently . . . I hope not!

From Sue

Your mentor teacher is wrong on this one. As you will see in the articles below, many respected organizations and departments of education do not support retention. What research is your mentor relying upon to support his position?

Regardless of whether a child has a disability, retention is not an educationally sound practice.

The National Association of School Psychologists speaks against the use of retention. The American Federation of Teachers opposes it. The U.S. Department of Education does not support it.

The definition of special education is "specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability." 20 U.S.C. 1401(29) (Wrightslaw: Special Education Law, 2nd Edition, page 55)

It would be difficult for a school to successfully argue at a due process hearing that they provided a program of "specially designed instruction . . . to meet the unique needs of a child," while also acknowledging that they did not teach the child the information he needs to know, so they want to retain him.

If retention is a problem at your school, you may want to pass these publications on to the principals and parent groups. You can also print and distribute the Wrightslaw Retention Flyer. This will provide plenty of support for your position!

Retention Resources