A student in my class has kicked, punched and bit staff members including our principal. He has also thrown chairs and knocked over desks. His parents have been in for meetings and refuse to sign consent forms for any sort of behavioral or ld testing. They claim they will do their own testing outside of school. There was a police involved incident at his previous school, but we have been unable to get any information on what took place. Currently, I'm hearing that expulsion may be our only option. What else can be done?
Parents have a right to refuse consent. In my state, the district also has a right to take the parents to due process if it feels like the student really should be assessed. That rarely happens because of money.
It sounds like the best thing to do would be to document everything and make sure the SPED director is involved so he/she can help guide you.
Situations like this are really frustrating for all sides. Of course, parents have the right to refuse consent, but what about the rights of the students, teachers and the principal involved? Do their rights get superseded by the rights of the student? At our school, tons of documentation, suspension/expulsion if called for, along with observations by behavior specialist followed by interventions recommended, time passing, reassessing interventions and more observations eventually get the child in a better location for their specific needs. Not easy, and not quick.
Do you have behavior specialists who can come observe? Health and wellness teams? Psychs?
I agree to have any specialists you have come observe the child (psychs, counselors, social workers). A functional behavior analysis should be done- hopefully your school doesn't require consent for that (some do, many don't-- it's not a direct assessment and it just requires observation).
In my previous school, we had a student like this, and the school ended up giving him a f/t aid until they finally got him into testing. It was money the school took out of funds for the general education population and the principal did it because of safety concerns for everyone involved. Expulsion is an option, and I don't know if it would help push parents to consent to testing if they know expulsion is an option. Has he already been suspended? I'm not sure what other legal options you have outside of those things. Documenting general education interventions done (behavior plans, observations, etc.) is an important part of this process as well.
Let us know how it goes. I hope you get some support. That does not sound safe for anyone involved, and I agree that it's not right to allow his behaviors to endanger adults and peers.
Check your local and state regulations. We've been told that parent consent is not required for evaluations. We are only required to inform the parent that an evaluation is taking place.
We've been told that parent consent is not required for evaluations. We are only required to inform the parent that an evaluation is taking place.
Wow, really? I've never heard that. It's my understanding that you can do that for a reevaluation if you fail to get consent. You can do the reevaluation, but can only do the types of assessments the parent consented to in the original eval. But I haven't heard that for an initial assessment.
I would have pressed charges against his parents, since he is a minor. He Is crying out for help in the only way he knows. His parents need to feel responsible because they are not supportive of the suggestions for help from the efucators. The other students and staff's safety is jeapardized! As far as I am concerned, I blame the administration for not pressing charges against the parents. If any students or staff get injured, it would be a shame.