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specialist minutes not provided
Old 09-11-2018, 02:40 PM
 
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So this year administration decided to hire a speech teacher for only 1 day a week. Last year we had her full time. There is no way this speech teacher (who is wonderful and hardworking) can provide all the current minutes in the building, even when grouping kids as much as possible. I have four kids on my caseload who should get a combined 4 hours a week of direct service minutes (and 2 hours indirect), and currently they are not getting any. The speech teacher has approached the principal and district about not being able to meet minutes, but they told her that they will not make any changes. IEPs are coming up.
I think it's outrages that my district decides to just not provide teachers for services. The students need their minutes on their IEP. Morally and by law. A co-teacher wrote to the principal about her student no longer getting minutes on his IEP, and was reprimanded for putting it out there, because 'the district could get in trouble'. No sh.. Sherlock - at least the principal knows that much. If a parents files a complaint with the state, I am certain that my district will blame me as the case manager.
As the case manager, what is my legal obligation? What would you do?


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Old 09-11-2018, 04:13 PM
 
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If it were me, and has been at times, I make a note in the files and usually kept separate notes off site.

You don't need to be snarky or judgmental, just factual. "Monday, 9/11-30 minutes speech" whatever. Each time.

Then after a couple weeks, send an email of the minutes to admin mentioning how many minutes required (and how many missing) to establish a paper trail of CYA.

If admin responds and/or reprimands you verbally, go back and write down everything you remember each side saying. If you really wanted to be snarky at that point, you could email again with "regarding our conversation in the hallway on 9/11/2018 regarding speech minutes, do actually mean that we are not to keep track or just not to report it to you again?"

But that might be poking the bear.
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Old 09-11-2018, 06:38 PM
 
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Totally agree with Lottalove. Also, do you have a union that you can get involved?
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Old 09-12-2018, 07:12 PM
 
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Frankly, I would be trying to find ways to let the parents know. I wouldn't start by telling them directly about the lack of services, but I would try to find ways to work it into the conversation. And then encourage them to call the administrator about their questions.

At an IEP meeting, I think you might be able to say that the student is making progress, but continues to need the speech minutes that are currently in the plan. Then you could look puzzled and ask whether all 4 hours of direct speech minutes are to be given on the ONE day that the teacher is in the building.


P.S. Do you have tenure?
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Old 09-18-2018, 03:27 PM
 
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Totally agree with what everyone else is saying, but have you also thought to approach your special ed director?

Don't get me wrong, you certainly don't want to jump rank and complain to higher-ups for minor issues. But seriously, consider the ethical issues of withholding services from a child who was evaluated and qualified for 4 TIMES what the district is ACTUALLY providing....assuming the student is even getting 1 hour of services on that one day the SLP is there....

Most principals are completely ignorant about special ed law and, most importantly, the pedagogy around special ed.... I've gone to my special ed director many times, in a respectful way, and have asked her to help me educate my principal on how to oversee me as a special ed teacher, how to understand special education law, and how to apply it. I have a great sped director and there have been some positive changes, but even at that, I still don't feel my P actually gets it. If I were you, I would seriously consider bubbling this up to my special ed director, if not your district's attorney. Someone else asked if you had tenure. Well, in this case here, I'd be willing to bet whistleblower laws would apply....


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Old 09-18-2018, 06:55 PM
 
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You and the SLP need to document time with students versus time on the IEP. Also keep a log of any conversations, emails, texts with admin and special ed director about this.

I mention this because our district just came out on the wrong side of a due process and court battle because times weren't met by a school and there was no documentation to prove that times were being met. There was more involved, but the meat of the case was times not being met per the IEP. Our district now has to provide comparable services, pay the family for anguish, and provide private services to the student until they age out. The scary part was that my friend was one of the sped teachers that had documentation showing that her time was met, but she ended up on the stand for two days answering questions. It was not fun for her and caused a lot of our admin to make a lot of changes.

You need to gently remind your admin that the IEP is a federal document and you don't want them in trouble for not following it.
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