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Was I wrong??

Submitted by an LD OnLine user on

I just got chewed out by my principal today and I am mad. One of special education student’s was recently suspended pending an alternative placement. After a considerable amount of time had passed since the suspension I questioned whether a manifestion determination review was going to be conviened. I was told that it had been. This was all done quickly and very quietly. I do know that mom was there, Well, knowing that the IEP committee and other qualified personnel should be at this meeting (and none were)I questioned the validity of the meeting by calling my sped director. My principal found out and hit the roof. She stated that I should have never called the sped director and that if I had any questions I should have called her. Now I must make an appointment with her to “discuss” this situation with her. In other words I am going to be disciplined for going over her head. Both the system social worker(who is involved in this situation in some capacity) and the principal continue to believe that the IEP committee should not be involved in this decision. I also was “questioned” (in a very loud manner) about these events in front of a hallway full of students. I was also told by the social worker that the sped director has way too much to do than to be tied down to such trivial things and that I need to get information from my principal. In other words, keep my mouth shut. Was I wrong in the way of handling this situation? What if I am disciplined, do I have other options??

Laurie

Submitted by Anonymous on Fri, 11/08/2002 - 1:17 AM

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Nobody will mess with the principal’s decision. I don’t think he/she will try to write you up for a performance deficit, however, you’ll probably take a hit in your review.

It’s a tough situation because you have an obligation to uphold the law. However, talking about a principal’s decision without their knowledge is risky business. A powerful principal can have a sped director’s head on a platter in most districts.

Next time, consider facing the principal with a :cc to the sped director. Either way the boss is gonna be testy.

Submitted by Anonymous on Fri, 11/08/2002 - 2:44 AM

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Special ed teachers are at a premium, good ones are rare - if you care - your students grow - you can work any damned where you please. If you think I’ve got an attitude - I do and always have - I interviewed my principals as much as they interviewed me. (I’ve also chosen my battles and would never let a procedural law raise my dander - HOWEVER - when child services are impaired by administrators - load my guns, it’s gonna be fun.

Again, as a certified professional, I choose with whom I work. If they want to mess with my credentials, as a union member here comes some more fun.

When you’re good at what you do, a lot of the crap stops. You don’t have to eat it. You may have to travel a few miles from home for the good situation - but you can sleep at night knowing you’re right - and that’s important to me.

Ken Campbell
Gainesville, Florida

Submitted by Anonymous on Fri, 11/08/2002 - 4:58 PM

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As a parent I just want to say thank you for standing up for what you thought was right.

Of course I do not know the proper procedure in the school but I most certainly appreciate your integrity.

We need MORE teachers like you who are willing to question the powers that be. Maybe better things would happen for our kids.

Thanks again!!

Submitted by Anonymous on Sat, 11/09/2002 - 12:29 AM

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I have a new principal who does not understand sped. law. He is insisting upon handling a situation in a way that is contrary to the IEP. It involves the parent, but the parent appears to be agreeable. I don’t know for sure since the principal won’t give me feedback on the issue. So, I wrote him a C.Y.A. memo and I have a file copy.

I did not go over his head to the sped. director. I don’t know what the legal repecussions may be, but I do have a memo that proves I correctly appraised him of what the IEP said was to be done. It has not been done, he wants to do it his way.

I do think we have to choose our battles. In my case, a new principal has to learn the job and be broken in, so to speak. It takes a few years, unfortunately. In the meantime, he can make my life at his school miserable in more ways than one if I don’t cooperate with him.

I’m doing my students more good than I’d be doing them if I had to leave. Also, this particular situation surrounds a parent who has made a wholly unreasonable, unnecessary demand that they cannot document in any way is needed. A team of specialists agrees that the situation we have is totally appropriate and the child is getting all the supports and services for FAPE (more than needed for FAPE). The IEP team was supposed to convene in Sept. to review the placement and revisit the request the parent made. Instead, the principal met privately with the parents and told them whatever he told them. In any case, I know that this modification of the procedure, though in violation of the IEP, does not harm the child in any way. I also know that violations of the IEP are not looked upon kindly by the hearing officers, so I wrote the memo to cover myself and to show that I attempted to follow the IEP.

Submitted by Anonymous on Sat, 11/09/2002 - 1:49 AM

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This principal is not new…in fact he has been in this position for quite some time. One could make the point that this is only a violation of procedural law, however, procedural laws are in place to ensure that a child receives a FAPE. As far as I know this child is not allowed to return to school and services will be provided for this child, by me, after school for only an hour and a half per day 4 days a week for the next 8 weeks.Is this FAPE? I don’t know, I was allowed to attend the meeting. I did make a note of the meeting that I had with the principal today which also includes the fact that I have been warned and this may show up in my personnel file. The principal did receive a copy of my notes of the meeting I had with him. I will continue to advocate for my kids. I just have to come up with another way of doing it.

Laurie

Submitted by Anonymous on Sat, 11/09/2002 - 3:41 AM

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Your points are correct in that you should have been the first one notified of this meeting, even before the parent perhaps, as you work with the child everyday.

Where you probably went wrong was in going to the sp. ed. director first. As a special ed. teacher myself, I take all issues first to the principal, as she not only has a finger on the pulse of the school, so to speak, but she is also my immediate supervisor, at least the way we do things in my school system she is. Understandably, she felt you went behind her back without checking with her first. Now, this opinion is totally negated if your sp. ed. director is indeed your immediate supervisor in your district. Usually though, the principal is the first one you bring issues to, and if that is the case, you did drop the ball somewhat as far as following the chain of command. If I were the principal, I would be irked as well that one of my teachers was going to other sources before checking it out with me who runs the building.

Having said that, you are right in standing up for your student, and that integrity is to be commended. In addition, your principal, even if he was correct in his message, did a very poor job of delivering it. You are a professional and should never be “taken out to the woodshed” as it were, especially in a crowded hallway. There is a right way and a wrong way to do things, and this person clearly acted inappropriately. Truthfully, I’m not sure if I could work for this person.

Good luck to you! On behalf of parents and sp. ed. teachers everywhere, I applaud your integrity and courage!

Submitted by Anonymous on Sat, 11/09/2002 - 3:16 PM

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I can tell you this, Laura, my principal would not volunteer me to provide after school teaching to any child!!! I would take that immediately to the teachers’s association. I don’t know about you, and I do care about my students, but I have frequent after school meetings and I am a parent. No one has the right to commit my time after hours w/o my consent, even if they do want to pay me. The money is not worth the time this arrangement would steal from my daughter and son.

Submitted by Anonymous on Sat, 11/09/2002 - 7:23 PM

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Were you asked to do the after-school tutoring…as in, given a choice? I assume you are being paid extra if you did agree. By the way, I email my special ed. director all the time. If a principal was not following procedure I would have done exactly the same thing. I consider I have two bosses and am obligated to both.

Janis

Submitted by Anonymous on Sat, 11/09/2002 - 11:15 PM

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I wasn’t asked, I was told to provide the service and I will be paid for it. But like all of you, I do have meetings to attend and parents to contact, lesson planning, etc… Just to clarify one issue, my sped director is also one of my immediate supervisors. The principal and the sped. director collaborate when hiring and firing. I do have to answer to both and I receive an evaluation from both. We do have inter-office email, however, I just found out today that administration can request a copy of all email sent to and from my address.

I appreciate all of your responses. As always you all have helped me tremendously! You have made me feel better about advocating for my kids. I will continue to advocate…that will never change. I just have to come up with a more subtle way to do it.I wonder what the principal will say if I join the local advocacy group?! :) Thanks for your help and God Bless!!

Laurie

Submitted by Anonymous on Sat, 11/09/2002 - 11:34 PM

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Wow, Laurie. How presumptuous of them to expect you to work an hour and a half after school 4 days a week without asking you! I would have probably laughed if they had said that to me….as in, that’s a joke, right? I am glad for the child if you have time and are willing. But I would not have time as I have a family. This principal is way out of line as far as I am concerned.

You know, it is no wonder that there is a shortage of special educators. This kind of thing is really frustrating. I hope it all works out favorably for you. Take care and God bless you, too!

Janis

Submitted by Anonymous on Sun, 11/10/2002 - 8:39 PM

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My younger son’s 2nd grade teacher is a member and was for a time on the board of PADDA, an advocacy group for adhd folks. She has a son with adhd also, a high schooler a few years back. She was kind of my deep throat when I was getting my older son evaled for sp.ed. I used the info but kept her my secret.

Submitted by Anonymous on Mon, 11/11/2002 - 6:46 PM

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I personally laud your actions and have hope for you if you receive retalitory disciplinary action.

There are several civil rights statutes and regulations that prohibit discrimination, including retaliation, against individuals who exercise their rights under Federal law, including the right of individuals to assist individuals with disabilities without retaliation or coercion. These include violations of Section 504 of the Rehabilitation Act, violation of the First Amendment of the Constitution, (as a 1983 action), and Defamation of Character.

Specifically, ADA recognizes teachers as advocates, in that you were very clearly exercising your rights under Federal law to assist an individual with disabilities, federal obligations the school violated.

Check these cases out where teachers won compensatory (money) damages from school principal’s actions against them for standing up for spec. ed. students. http://www.wrightslaw.com/info/retaliate.settlegoode.htm

Feel free to enlighten your principal about your civil rights and the laws protecting you, you didn’t go over his head, you were advocating on behalf of a child, something he lost sight of in his job.

The fact that this principal feels the need to slap your hand after getting his slapped is booris at best. The fact that he discussed this in front of the school populus speaks to his complete lack of professionalism.

I am deeply saddened by the sounds of silence that is prevalent in the educational system. We have legal (dare I say moral) obligations with regard to these children. If we stand by and allow violations of the law which boarder on neglect/abusive behavior to special needs children where will we draw the line?

You are not alone.

Submitted by Anonymous on Thu, 11/14/2002 - 7:23 PM

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I think you did great!!! I’m a parent and we don’t always know the rules. I’d take you my corner any day. Glad to hear you care about the rights of a child with a disability. In Florida, they have a little box regarding discipline that is usually left UNCHECKED. I always make sure it is checked. The check mark ensures that the IEP team should be involved in displinary issues of that specific student.

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