My child has one teacher who refuses to provide her access to an accommodation as listed in the I.E.P., the school has picked up the slack by having another teacher make sure the accommodation is there for her. I am told this is an adminstrative decision.
This really bothers me because my child knows this teacher will not do it and it bothers me because this teacher is being allowed by their system not to provide this even though my child is in their class. I think IDEA clearly states the teacher is liable right, not just that someone is doing it that is not even in that class? (these are things like copies of notes, spell checker available..)
Any ideas what I can do, if not to at least help my child but others down the road? Seems to me this is a message to many teachers there you can pick and choose what accommodation you want to provide for your students?
Not following IEP, Teacher fined
Consider calling a meeting and sharing the following case with the school principal and the teacher on the possible consequences of not following the IEP. Teacher had to pay $30K for not following the IEP.
http://www.wrightslaw.com/law/caselaw/case_Doe_Withers_Complaint.html
“13. All teachers but Defendant Michael Withers agreed to comply with the oral testing by the learning disabilities teacher in the learning disability resource room.
14. Thereafter the Plaintiff, D. D., delivered to the Defendant, Michael Withers, a note from the special education coordinator at Grafton High School directing the Defendant, Michael Withers, to have the Plaintiff tested orally by the learning disabilities teacher in the learning disability resource room.
15. The Defendant, Michael Withers, refused to comply with this directive. ”
COMPENSATORY
$30,000.00 against Defendant Michael Withers;
Helen
I agree. Its a bad message to the teacher (just pick and choose) AND to the child (No, your teacher DOESN’T have to follow the IEP).
We are facing the same thing and as much as it kills me, I’m letting the admin get away with it. For the most part, anyway. Once in a while I’ll draw a line in the sand and they will honor it.
Its such a balancing act. As long as my child is getting what he needs, from someone, I’m letting it go. The school has told me if I have a problem, I’m welcome to sue. Its not worth it at this point because of the financial and emotional impact it would have on my family. I may feel differnetly at some other point.
Good luck,
Barb