However Article 28 (2) of the Implementing Act contains
extremely broad language, instructing a court when considering the grave risk defense that it should «consider all circumstances such as those listed below:
For example, even if the teachers have become capable of framing very explicit
language objectives at vocabulary, sentence, or discourse levels, the rubrics that teachers tended to use for the written samples were
extremely broad for use of linguistic resources so that if students had missed the instruction on the target
language for the assignment, they would have difficulty recovering the intended outcome whether on the vocabulary, sentence, or discourse level.