I am in the process of learning about the rights of students and parents when dealing with a bad teacher--whose reputation preceeds her. In fact, if you look at the numbers, a large number of children are taken out of this school after first grade (the one she teaches). She has crossed ethical boundaries in insisting that a student be evaluated for a behavioral disorder (which he finally was) and then directly ignoring the child psychologists and parents requests that this child--who the formal eval revealed has an IQ of 148 and is introverted and shy but NOT ADHD, Asperger's, on the autism spectrum etc as his teacher had been implying. He is forbidden from bringing a book to recess (??) and is the only student in the class who has a limit on the number of snacks he can bring to recess. His teacher says he is spending all of recess eating his snacks alone and is not playing with the other kids. She says he needs to be working on his social skills as they discussed. While the parents and psychologist agree he needs to work on these skills, they have expressed recess should be a time for him to decompress in whatever way he needs. Free time, right? They have met with the teacher, a social worker, the principal and TAG teacher seveal times and yet she refuses to let O use the time how he needs to and how the psychologist suggested-in writing that was submitted to all mentioned.
Like many gifted kids, he can have a short temper and can anger easily. Yet, instead of understanding that this child is fully aware of his challenges and limitations and is demonstrating self-care by removing himself from the overstimulation of group play he finds boring (he says he is sick of wall ball and that is all the boys want to play) and instead of acting out, hurting anyone, calling names etc. when being pushed to his limit socially etc. he is simply sitting alone quietly, observing and eating his snack. This teacher is singeling him out and seems to enjoy "testing his limits." I have heard from other parents who have volunteered in the classroom,she will tell the kids to get in line for library, lunch whatever and then will sit at her computer with her back to them while they wait for 10 or more minutes. When they start to talk, move, fidget she gets up and punishes them. These are first graders and if police officers antagonize like this it's called entrappment. Parent volunteers have said she is "mean" and that she doesn't even fake it when there is a parent in the room.
What rights, recourse, legal action can these parents take? The school seems to push out anyone who has a problem with these kinds of teachers rather than get rid of the teachers. Please advise.
P.S. Obviously removing the child from the school is obvious. But this is not as easy as it sounds, especially in Boulder with open enrollement. This is a very sought after open enrollement school.
P.P.S. It boggles my mind in these days of school shooting and mental and behavioral health issues, that a teacher can directly choose to ignore the suggestions of a doctor and a child's parents with no system of checks and balances. This teacher is putting a child in a position to fail by "forcing him" to play/participate when he doesn't want to during what most of us would consider "free time." She is also singeling him out and making him feel different when he already does and being very rude/hurtful to his parenst calling him "not normal."
Thank you for your responses so far. My role is simply to help my sister gather information. She is very overwhelmed and leaving for spring break soon so I am just doing some leg-work, finding resources to save her some time in this stressful situation.
**his parents have already requested and been denied a change of teacher.
**a teacher change was requested and denied at the beginning of the year. They were told exceptions were never made.
Homeschool him the last couple months of the school year. There are way to many homeschool options this day and age to let children suffer like this.
Is this a charter school? Can you apply to another charter school to have him moved?
I hope I didn't miss this in the post, but: Is this a public school? You mention "open enrollment school" so I figure it is--?
If it is, then your nephew MAY be eligible for a formal, written "IEP' (individual education plan)--his school system may use a different term but there are requirements that children who have certain diagnoses must be given indivdiualized educational plans that permit things their doctors mandate. A formal letter or even a "prescription" from his doctors may be necessary. But here, once you have an IEP in place, you have a written document you can then point to and say loudly, "By not allowing Child to do X at recess, you are in violation of the IEP" and proceed from there.
If a teacher around here were regularly ignoring an IEP, that would be instant cause for a meeting with the parent and the teacher, the school counselor, the principal and possibly other representatives from the school district -- there should be an office that handles issues for kid with IEPs or disabilites or other issues that require specialized attention.
It sounds like your nephew does not have a diagnosis like autism, Aspergers, ADHD etc. which --frankly speaking -- would help force the school to force the teacher to do as she has been advised by his doctor; however, because he doesn't have such a diagnosis, what does he have? Has the doctor just suggested things or is there something more formal in place? I would ask the doctor if there is any formal way to instruct the school rather than just suggest, if that's what's happening.
My friend's son did not have any of the above conditions but still had an IEP in place so that he would be allowed, in writing, to do things like snack as needed and use "chewies" (items that are safe to chew) during class, because chewing helped him focus. It was arranged because an occupational therapist wanted it. So you may not have to have a diagnosis like autism or ADHD to get an IEP in your system; find out!
I would go to the school board and insist on talking in person with someone there who can mediate with the teacher or simply tell you what documentation you need to get the boy a formal plan that the teacher must follow. You need an advocate who is outside the school but whose authority is recognized by the school and this teacher. If the school insists that only kids with certain diagnoses get any individual treatment by teachers--your sister needs to be assertive and fight that. You know he gets overstimulated, know he needs certain down time during the day, etc. -- time for your sister to get an advocate outside the school and throw a (polite, well-researched) fit, especially as there is a doctor involved.
The teacher sounds like an old-style "this is just a kid with no discipline" type who does not get that some kids really do have issues. The "not normal" comment to the parents alone is pretty off kilter--Is this an older teacher who may be burning out or a very new one who has no sense of the ropes yet?....
This sounds like a horrible teacher! And I'm so sorry your child (or the child of someone you're close to?) has to deal with her.
From what I can tell, though, the teacher's actions are all within the limits of the law, so I don't know if it makes sense to think of the whole thing in legal terms.
Instead of a big, ambitious goal (getting the teacher fired?), it might make sense to think in terms of a smaller, achievable goal (getting the child transferred out of the teacher's class). You say "the school seems to push out anyone who has a problem...," but honestly, I'd give that one a test drive. Very deliberately, veeeeeery tactfully, but very persistently, escalate the thing up the chain of command. Sit down with the principal. Bring written documentation of all issues, since day 1. Be polite, but don't give up. Keep your request reasonable, and don't lose your cool.
If the principal won't help, escalate things up to the superintendent. Another strategy, if you're not getting anywhere with a linear chain of command, is to think of a snowball of command -- the people AROUND the people in charge. That would be, most likely, the school board, but possibly also someone on the city council.
The other thing that would be to contact your pediatrician's office and initiate some kind of testing process. If you have a letter from So and So, Doctor of Such and Such, saying the child needs half an hour a day of less-than-social time, someone somewhere in the administrative hierarchy is probably going to respect that.
I am not familiar with all of the laws, but at this point, I'd take it up to the next level and go to the superintendent's office. It is NOT acceptable for this to continue.
Also, when our district was violating some laws when it came to home hospitalization, I found our state's dept. of education website to be very useful. I was even able to contact someone at the department, who confirmed the district was violating laws. Check to see if Colorado has the information you need on their website.
Good luck!
I agree that the principle is not the person to contact in this case, the parents would need to go higher.
Unfortunately, once a teacher has established tenure it is as if they can do whatever they want. I've seen many teachers that really go downhill for the last few years that they teach because the districts know they can't touch them without the unions getting involved. It is a very unfortunate but real part of American schools.
M
It sounds like a witch hunt on the teacher.
Document everything.
Report it o the Superintendent's office.
Also, at least with my kids' schools, IF a child has a formal diagnosis and an IEP and is under a doctor/psychologist/psychiatrist's care etc., the child then has an "Aide" IN school, with them, all day.
And the reason is, a Teacher, is not a "SPED" Teacher. SPED Teachers or Aides, have totally different degrees and certifications and regular Teachers, are not trained, to teach or handle, SPED students.
It is 2 entirely different, degrees and certifications and requirements. SPED is "special education."
If you have things documented, and there is proof... of "discriminatory" or retaliatory or singling out... toward your child, then that is typically justifiable.... criteria, for a complaint.
And if you can, get the "testimony" of others, who also see this Teacher... treating students or your child, that way.
Get your ducks in a row.
Document it.
State it rationally in a formal letter to the Principal/District Office/Superintendent etc.
A school, has a hard time, ousting or firing or removing a Teacher, from its school. The Teacher can also turn around and sue the school, even if for emotional duress etc. or any other willy nilly reason.
A Principal alone, cannot just "fire" a Teacher... he/she has to go through the processes of that, with the Dept. of Education etc. and they have to also legally, have justified reasons for doing so, etc.
In your letter to the school or whoever, make sure you use KEY words... to "describe" what is happening to your son.
ie: don't say she is "mean" to your son. That is too broad and emotional. Instead, say that he is being singled out or targeted or whatever you feel is happening, and then state... PROOF of that, in incidents that is occurring. AND/or, has your son had to see a School Counselor? State things like that too.
She's not a good teacher for him.
She's too set in her ways and is fine for teaching non challenging students but she will never have a meeting of the minds with you on how your son needs to be taught.
I'm surprised you didn't have him switched by last Oct.
Most of the school year is over and you've made no headway with bending her to your will.
Ramming this down her throat is not what is going to be best for your son.
Try to get him switched to another class.
(That might be what she had in mind all along anyway).
Contact the ACLU, they have been known to sue schools for not providing an education for kids.
You could also write a carefully worded (no names) message on the facebook page for the school or school district. See how many other parents voice the same opinion. Start with something like a certain first grade teacher in the ___ school has repeatedly ignored requests from parents and counselors to provide _____ to students with special needs etc. See how many parents respond with similar stories. Then PM those parents and discuss the teacher by name. If several parents have the same issue you could start a petition for removal of the teacher and your court case would be stronger.
They need to have some formal documentation with the school to put procedures in place for this child. He may not qualify for an IEP, but there are other binding plans. A Section 504 comes to mind; I just don't remember if that's federal or state. If that is not being followed or the school refuses to create a plan for the child, then it is time to take the steps of Due Process. The school is not required to use the outside psychologist's recommendations, but they should come up with some of their own alongside the parents that meet the child's needs.
You might be able to find help in your area, generally known as a child advocate. This would be a knowledgeable person who could advise the parents and even sit in on meetings with the school.
Contrary to popular belief, tenure does not equal never being able to get fired. Built into the tenure process is also the opportunity for remediation and the chance to change. I personally know three tenured teachers and a tenured principal who have lost their jobs in the last year. It takes LOTS of documentation and it cannot be he said/she said type of documentation. It has to be first hand documentation. It is hard to do, but it can be done. It takes time. With two of the people I know who lost their jobs it took at least a year of documentation by students, parents, colleagues, and administrators before there was enough evidence to end their contracts. In two cases, there was also a time period (about 3-4 months) that gave the individual the opportunity to make changes.
Start documenting and then take it to the principal. If needed, take it to the school board and the superintendent. But, be darn sure you have strong documentation or it won't go anywhere. If you go in with complaints but no hard evidence you will just be seen as a disgruntled parent.
What is your role in this? Glad you are looking out for O, his parents and the children in this class. I would suggest that you document the case well, and take it up with the administration at the school, the teacher's union and the district.
Think about your overall agenda though, do you want Teach removed to a higher grade assignment, removed from teaching, removed from teaching O, have a co-teacher with trumping power assigned, or supervised for the balance of the year with O.
Whatever action you take, consider the consequences to O, as it seems that this teacher has an agenda/ methodology all her own that she won't be shaken of.
Best,
F. B.
Is this the only first-grade class in this school? Could the parents push to have O transferred to another classroom? If not, I would absolutely put him in a different school. I don't care how "desired" this school is, it is failing this child (and, it sounds like, many other kids as well). I can't imagine why this teacher feels the need to make the child stop doing something that isn't hurting anyone else (sitting quietly, observing and eating his snack), in direct contradiction to what his doctors recommended. There is nothing wrong with being an introvert, and tormenting this poor kid is not going to make him an extrovert. He is who he is. He is just a little kid; he needs his parents to stand up for him and help him get away from this awful woman!
