Is this legal? - ProTeacher Community




Home Join Now Search My Favorites
Help


      Special Education

Is this legal?

>

Reply
 
Thread Tools
checkerjane checkerjane is offline
 
Joined: Jan 2010
Posts: 236
Full Member

checkerjane
 
Joined: Jan 2010
Posts: 236
Full Member
Is this legal?
Old 08-03-2019, 08:16 AM
 
Clip to ScrapBook #1

I already have one severely autistic nonverbal student (1st grade), and I’ll be getting another one (kinder). The kiddo I have has a 1:1 aide, as outlined in his IEP. The kiddo I’m getting has a 1:1 aide outlined in his IEP as well.

Can they share an aide? They’re wanting the aide to the kiddo I already have to be the new kid’s aide as well.

Even if that is legal, it’s unethical on so many levels. Neither kid will be getting what they need because everything is hand over hand, and you have to sit behind him so he won’t get up and run around the room and so that you can also dodge his outburst. Kiddo two is much the same way, and he’s not potty trained.

I think it’s also a safety issue. They’re both runners. So what is the aide supposed to do if one takes off? They both can be severe behavior problems, like rolling in the floor kind of issues.

And kinder and 1st are on two completely different schedules. I think what they’re probably thinking is when one kid needs to be out of the room in gen ed, lunch, etc that the other kid will stay in the room, and that I’ll basically be the 1:1 aide.

No! Neither kid can work independently or even sit at a table or desk alone without getting up, and they both have a history of running out of rooms. How am I expected to help my pull out SLD and ID kids if I’m basically the 1:1 aide to one of my autistic kiddos???? There’s no way all the kids would be getting served the way the should and deserve to be.

The reasoning is they can’t find another para, which I know they’re hard to come by. But without sounding incredibly snarky, that’s their responsibility to figure out! Not mine, and my kids shouldn’t be paying the price. I can’t help but think what is actually boils down to is money.

What might help me out is the second kiddo’s mom is “that mom” that I posted about in The Vent last week. I’m hoping she’ll raise hell about it.


checkerjane is offline   Reply With Quote

kahluablast's Avatar
kahluablast kahluablast is online now
 
Joined: Aug 2008
Posts: 18,604
Senior Member

kahluablast
 
kahluablast's Avatar
 
Joined: Aug 2008
Posts: 18,604
Senior Member

Old 08-03-2019, 08:22 AM
 
Clip to ScrapBook #2

I don't know about actual legality, but my guess is no. It isn't a 1:1, it would be a 2:1 (or 1:2?)

I would be fighting for that one. Of course, we all understand not being able to find people to fill positions, but that isn't an excuse. I would be talking with that "mom" now so she knows the issue and can raise hell if she needs to. Get her on your side and make sure she knows you don't like it, but your hands are tied. I would be careful about how I approached it, but in order to do what is best for kids, you may need to. And you can better understand why crazy mom is so verbal. She has probably had to fight for everything since the beginning.

Good luck.
kahluablast is online now   Reply With Quote
checkerjane checkerjane is offline
 
Joined: Jan 2010
Posts: 236
Full Member

checkerjane
 
Joined: Jan 2010
Posts: 236
Full Member

Old 08-03-2019, 10:19 AM
 
Clip to ScrapBook #3

Quote:
I don't know about actual legality, but my guess is no. It isn't a 1:1, it would be a 2:1 (or 1:2?)

I would be fighting for that one. Of course, we all understand not being able to find people to fill positions, but that isn't an excuse. I would be talking with that "mom" now so she knows the issue and can raise hell if she needs to. Get her on your side and make sure she knows you don't like it, but your hands are tied. I would be careful about how I approached it, but in order to do what is best for kids, you may need to. And you can better understand why crazy mom is so verbal. She has probably had to fight for everything since the beginning.

Good luck.
Iím really concerned that if we canít at least give mom a plan to get him a 1:1 para soon, this will start things off on the wrong foot with her.
checkerjane is offline   Reply With Quote
teachsph2008's Avatar
teachsph2008 teachsph2008 is offline
 
Joined: Aug 2013
Posts: 285
Full Member

teachsph2008
 
teachsph2008's Avatar
 
Joined: Aug 2013
Posts: 285
Full Member
1:1 legal?
Old 08-03-2019, 11:38 AM
 
Clip to ScrapBook #4

I don't like this situation. If they are shady people, and they sound that way, not if, but WHEN something happens, they could say, why didn't you tell anyone that you did not have enough staff. You'll be dumbfounded by their response, but they will start dropping little hints pointing the blame at you.

Hopefully, WHEN something happens, it won't be on you. This kind of thing makes me mad because 1:1 tends to be about safety. You'll need to take very good documentation, especially when one of the students runs off and the aide leaves too. The other student is not being serviced. And in the worse case scenario, both students leave together.
teachsph2008 is offline   Reply With Quote
readandweep readandweep is offline
 
Joined: May 2012
Posts: 2,272
Senior Member

readandweep
 
Joined: May 2012
Posts: 2,272
Senior Member
Aide
Old 08-03-2019, 12:23 PM
 
Clip to ScrapBook #5

If they truly can’t find a 1:1 aide they need to pull an aide from another classroom.

They did this last year for my students who had 1:1.

I should qualify that most of our building’s aides are not 1:1 and the contract states our instructional classes are only supposed to get an aide of the class has more than 10 students.

Also, I this is not ideal, but do resource teachers and related service or resource teachers pull kids the first few days? Could they help?

If you cannot do this, you need to take a stand and not send the kids for inclusion. Create a google doc and invite that mom and your admin see how many minutes of inclusion the kids are getting.

Your administration sounds a lot like my previous district. Put very little effort into managing special ed, wait to get sued and try to throw the teacher under the bus.


readandweep is offline   Reply With Quote
Haley23 Haley23 is offline
 
Joined: Jul 2012
Posts: 6,187
Senior Member

Haley23
 
Joined: Jul 2012
Posts: 6,187
Senior Member

Old 08-03-2019, 12:31 PM
 
Clip to ScrapBook #6

I would send an email stating your concerns to both the principal and special ed director so that you have documentation. Stick to facts and not emotional arguments. Like a pp said, they will throw you under the bus when something happens. Forward the email and any responses to your personal email address and also print it out in case it mysteriously goes away in the future. I would also make sure that parents of both students are aware of the schedule, and refer any complaints to the principal. You need to do everything possible to make sure you don't get thrown under the bus for "not following the IEP" when something happens.

My sped director is famous for making us reevaluate kids who come in with high needs hoping that they actually don't need whatever expensive services the previous IEP states. It's maddening. We have kids that come in with IEPs that clearly state they are in self-contained programs and/or have 1:1 aides and she makes us keep them in our program while we "try more interventions" and reevaluate to "find their true needs."
Haley23 is offline   Reply With Quote
pdxteacher's Avatar
pdxteacher pdxteacher is offline
 
Joined: Aug 2009
Posts: 3,205
Senior Member

pdxteacher
 
pdxteacher's Avatar
 
Joined: Aug 2009
Posts: 3,205
Senior Member

Old 08-03-2019, 12:48 PM
 
Clip to ScrapBook #7

I would outline the schedules of each student, specifically noting where they need 1:1 support and why. Hopefully, this will clearly demonstrate why each student needs their own support. I'm sorry this is happening - maybe not "illegal," but definitely not the right thing to do.
pdxteacher is offline   Reply With Quote

Join the conversation! Post as a guest or become a member today. New members welcome!

Reply

 

>
Special Education
Thread Tools




Sign Up Now

Sign Up FREE | ProTeacher Help | BusyBoard

All times are GMT -8. The time now is 05:59 AM.

Copyright © 2019 ProTeacher®
For individual use only. Do not copy, reproduce or transmit.
source: www.proteacher.net