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Frustrated with System
Old 02-19-2020, 08:16 PM
 
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So I have a student that I have been working with all year in general Ed. I have gone through the proper channels to get her help. She isnít potty trained, she has hyper sensitivity to noise and light. She has some stemming behaviors. She falls far below in most areas even through she has been in rti all year for speech, reading, math and potty training. She doesnít play with others but will parallel play. Data has been presented, testing was conducted. It was determined by the team that a change of placement would be the best course of action. A smaller class size that would be able to address her unique needs. It was denied by the district admin. Ok, you have never seen this child, worked with her, or come to her meetings but you know whatís best for her. The resource teacher comes in and basically told me that she has too many students on her caseload to properly provide for her. She just canít add another one so she wants me to provide most of her service minutes. While I think Iím pretty good with five year olds Iím not equipped to truly help her to the extent she needs. Iím not the special ed teacher and donít have any special training. We all know that early intervention is best but we continue to drop the ball for our most vulnerable students. Iíll continue to do my best but I get so frustrated when kids arenít getting the services that that deserve.


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What do her parents think about this?
Old 02-19-2020, 08:25 PM
 
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I am not qualified to provide SPED minutes, and it sounds like you aren't, either. I'm also not changing diapers or cleaning up bathroom accidents. If parents are on board, I would escalate this as far as you can. I know you are working wonders with this child, but ultimately, they're failing her without proper supports in place.
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Old 02-19-2020, 08:28 PM
 
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Are the parents involved and appealing the district's decision? I would some how address an appeal with the parents. Perhaps give them a pamphlet on what to do when your child needs SPED services.
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Old 02-19-2020, 08:37 PM
 
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I have read some shocking posts around here but this boils my blood. If the team decided (the team should have included an LEA and parents) then how can they say no to it?

If you are not Sped certified then it would be illegal for time/services given by you to count toward her special education minutes.

What data does the district have that shows that they are able to meet her needs and help her make adequate progress in her current placement to support their decision to keep her in gen ed? What special education supports will they add (and no-you cant count services provided by the gen ed teacher-who already has data showing her own interventions are not helping the student make adequate progress)?

You might need to hook this mom up with people who know about advocating and the rights and responsibilities of the district. Help this mom find her voice because you know the district admin wont listen to you.
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Sadly no...
Old 02-19-2020, 08:38 PM
 
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It took forever to get her help and this just happened. We have parent teacher conferences soon and I plan to address it. Thank you for your response.


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Old 02-19-2020, 09:26 PM
 
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What kindercr4zy said. All of it. If the parents are the least bit savvy, they should start a ruckus.
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Advocacy
Old 02-19-2020, 09:28 PM
 
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I can empathize with the resource teacher, but the child has needs. I'm not totally clear from what you wrote whether the child now officially has an IEP. If so (and it certainly sounds as if she qualifies), the IEP is a legal document and must be followed. What did the team decide about her services and about least restrictive environment? The district admin doesn't just deny. Not unless they want a lawsuit, which they would likely be getting if this were my own personal child.

Perhaps her needs can be addressed where she is--but not totally by you. If she stays in your classroom, she needs minutes from a certified SpEd teacher, even if that means hiring an additional person. She may need an aide. Maybe OT to help with her hyper-sensitivity. Social work services?

If an IEP was developed, I would recommend that you put in writing (email?) to your principal and perhaps to the district, a request that they inform you of the names of the people who will be delivering the services and the date it will start. If no response, keep asking. Among other things, you want to cover yourself when the legal fights begin.

The suggestions about the parents finding an educational advocate was right on target.

Thank you for advocating for this child.
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Old 02-20-2020, 05:50 AM
 
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Does student now have an official IEP? If so, resource / SPED teacher can't just say "no" - she is legally responsible for providing the minutes as outlined in the IEP. If SPED teacher isn't providing services the district can be sued and will lose, as the IEP is a legally binding document. If SPED teacher truly doesn't have the time to see her, then the district needs to find someone else who can.


I agree with family connecting with an advocate if district won't provide appropriate services for this student.
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Old 02-20-2020, 05:10 PM
 
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So we had the meeting for this child to explain that she does indeed qualify for sped/speech help. The parent refused to attend both meetings and a phone conference happened for both meetings. First one to give permission to test and the second one to determine qualifications. The social worker was sent out to have papers signed. Normally, we just move right to the IEP but because the district feels that the sped teacher can service her that is why they denied change of placement. The district wants to ďseeĒ if the least restrictive environment is sped/regular Ed. This child has made growth this year and she is a delight to have in class. I donít mind her in class at all. It just rubbed me wrong to be told Iíd be servicing her for most of her minutes. I am not qualified to do this since Iím not the Sped teacher. Accommodate, you bet! Keep her in regular Ed with push in or pull out, sure! But not, I canít squeeze her in my schedule. I do see the Sped teachers point of view too. She has 45 students with a possibility of 5 more to qualify. Her numbers are ridiculous. We are a Pre-5 school. Providing students with early intervention doesnít seem to matter even though studies show it helps more in the younger grades. Thank you all for your responses. I do appreciate that you allowed me to vent without judgement and also gave me good advice.
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District needs to step up
Old 02-20-2020, 06:20 PM
 
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Thanks for the clarifications. If I'm understanding correctly, the student does have an IEP and the services specified in the IEP are not being delivered. I assume that the IEP states the number of minutes in various categories and specifies who is to deliver those services (SPED resource teacher, SW, OT, SLP, etc.).

As the regular ed teacher, I would think that you are only responsible for providing regular ed instruction with accommodations. The SPED staff is responsible for modifications and any specialized instruction.

The SPED teacher in your school has an impossible workload. Is there any way the two of you could talk about how you could work together to get the district to supply this child (and others in your school) what they are legally entitled to?


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Similar situation
Old 02-22-2020, 07:22 AM
 
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My district does something like this. I have a student that is supposed to have an IEP and receive services. However, there are no openings for him in any of the rooms that offer SPED. So, magically they couldn't get all the team inlace to sign so he does not have a full IEP yet (been waiting since August). I was instructed to provide the suggested SPED services until he officially has an IEP. I am not certified in SPED and this child needs more of a small setting. It is not fair to him or to me.
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Old 02-22-2020, 09:26 AM
 
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There is a strict timeline on when an IEP has to go into place. As far as I know the longest period of time is 60 school days from the signing of consent for testing. If the child was tested and found eligible services have to be provided even if it requires hiring more staff. It's against the law not to provide needed services even if those services aren't "available". Before these laws were in place, in many places, services only happened when they were convenient. I believe people can actually lose their license, get sued, etc. if they don't provide these services.
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Follow up
Old 02-24-2020, 06:52 PM
 
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I just got told that yes I can be a service provider even though I am not the resource teacher. I donít know what else I can do for this sweet child. I individualize her instruction as it is. She needs a smaller classroom where she can get what she needs for her sensory issues, potty training, repetitive behaviors, and speech. The bilingual speech teacher is only at school one day a week. I also got told that I have to document, (Detailed daily log for every subject) that is in her iep. She qualified in every subject. I know I only have 22 kids but I feel like Iím being taken advantage of. I donít have an issue with having her in my class. My issue comes into play when Iím told Iíll be servicing her for most of her minutes and I have to keep detailed logs without extra time or pay.
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