One of my child’s teachers does not want to follow the I.E.P. This happens every year. She wants me to “prove” that my child needs a copy of the notes from class (this is stipulated in the I.E.P.) I do not think that this is her job. My child is in high school and if I had to go around and “prove” all her accomodations to ALL of her teachers, I would have a full-time job doing that. Any suggestions about what to do with this teacher?
Re: teacher questions the I.E.P.
The teacher is in violation of the law in doing this. I would pleasantly drop her a note or an e-mail saying you need to check on it but that you believe any unauthorized changes to the IEP are a violation of law and that you would never want to violate the law - particularly around your own son. Tell her you’ll ask the school principal, guidance counselor, school psychologist and the state advocate for disability rights and a lawyer - just to be sure to make no mistake. Tell her you wouldn’t want to violate the federal law that is the Americans With Disabilities Act.
Tell her that you’ll get back to her in just a few days and you’ll start with the principal and guidance counselor to see if violations of the Americans with Disabilities Act are somehow permitted in her school.
good luck.
not only against the law, but
The Withers Decision opened the way for teachers who willfully choose to violate the IEP on their own volition to be sued civilly without the benefit of District counsel, at their own expense, and without the benfit of malpractice insurance paying for it. Judgements against them can include being made to liquidate savings and other assets, garnishment of paychecks and pensions and liens against the sale of real property.
If the teacher does not agree with the IEP, let him/her call for a reconvening of the IEP team to discuss their concerns, and let them show why the IEP is inappropriate.
Where to find copy of decision???
Thanks, could you give me any details about where to read about this decision? I would love to get additional information.
Here is a link
There is more then one reference on the site.
http://www.wrightslaw.com/advoc/ltrs/Why_doe_withers.html
Helen
Re: not only against the law, but
Yes !!! That teacher should get a taste of their own medicine… How would they feel if the school system cleaned out their pension fund and felt free to tell them when they were 65. Sorry ! We do not have to insure your pension savings are solvent.
Re: not only against the law, but
All the attached posts are correct. What is most important, as already advised, is to get it all in writing and begin the paper trail. On one hand you need to inform yourself as best as you can, so you speak from knowledge and understanding of the law as it was written and intended.
Secondly, be as nice and forthright as you can in your letter. Request that the teacher and or the district respond to you in writing regarding what you understand the teacher is to have said/done. Be sure to mention in words that are in line with the letter of the law, that you understand it is the teacher’s right to call an IEP if she chooses to challenge the validity of the current IEP as it stands.
I would be careful in how I chose the words, and would not “attack” the teacher, but more or less let them know where you stand, your understanding of your child’s rights, and what it is you believe is being done or not done by the teacher. Be respectful and request they correct you if you are in error, and again, request they respond to you in writing. Odds are you will get a phone call, and you can either turn your phone machine on and let it screen all calls or not. This is a few steps down the road.
Right now, go to wrightslaw site and others, and start cramming so you can feel more comfortable about what is going on. Odds are you will find more violations are occuring, have occured and will continue once you educate yourself in this arena.
Stay calm, take notes, and take breaks too… it can devour more of your life than you may be willing to, or can afford to give it if you aren’t careful.
Best regards.
Andy
Dad and Helen gave valuable information
I’m impressed with Dad’s and Helen’s information on this interesting case.
Your son’s teacher is right now in the same position as was Teacher Withers - defying the IEP. While Teacher Withers was only ordered to pay $15,000 dollars they were also ordered to pay the parents’ costs for bringing suit ie. their lawyer fees.
I’d love to know if Teacher Withers ever paid up. Does anyone know what ultimately came of this case?
Do you know what happened in the end?
Does anyone know what ultimately came of this case? I’d love to know if Teacher Withers ever paid up.
our experience
One of my daughter’s teachers always “forgot” to give her a copy of the notes, but would cheerfully tell me in meetings that “all she needs to do is ask”. Well, self-advocacy was part of her IEP too, but there was no way she was going to speak up during class to remind her teacher that once again, she needed a copy of the notes. Throw in attentional/organizational issues, and you have a kid who forgets to ask at the beginning or end of class…. Point is, I guess, that some teachers will resist no matter what the IEP says.
Re: teacher questions the I.E.P.
Subject: File - Receipt of Modifications form.txt
ADVERTISEMENT
I have been given a copy of IEP classroom modifications for
Student’s Name
who has difficulties in the areas of
.
The implementation of these IEP modifications have been explained to me by
I understand that these modifications were developed by the IEP committee which
included a regular education teacher. I further understand that it is my
responsibility to implement these modifications as indicated. I understand
that the special education teacher is available for consultation should I have
difficulty implementing these modifications. I agree to contact the special
education teacher if the student is not making progress so that the
modifications can be reviewed and an IEP meeting called if necessary to change
the modifications.
Regular Education Classroom Teacher Date
http://groups.yahoo.com/group/iepguidefilesII/message/448
stating that it is against the law to not follow the IEP. CC her boss, her bosses boss and the sped director.
Also you may want to put my favorite line in that letter; as per our conversation you stated you would not provide notes to my daughter etc, etc.
Always feed them back their own words. Some people think that they can just say anything. When there is a paper trail that they know can come back to haunt them, they often will see the light.