Can you believe this?? Help!

["B"]

How about one of my sons teacher felt as if she has had enough of my child this year and would like to have him transfer into another class(yes I know only 18 more days of school left). That is not even the bad part....she allow all the kids in the (7th grade) class to write down how they feel about my son being in the class and being disruptive. Iam so mad !! Of course I emailed her telling how hurtful that was and it wasn't beneficial and I had already talked to principal about taking him out of her class. She responded..defending her actions. Iam sooo mad!Iam ready to write her again need some good advice. Do I have any legal rights or a case for anything here??
He is 12 and we live in NC
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[pepperidge]

I can't believe it. No, I can. I don't know whether it is illegal, but it is totally totally inappropriate. At a minimum I suggest you write a short letter to the principal stating the facts and how it made your son feel, ask if this is the school's discipline policy, if not ask that the teacher be officially reprimanded, copy it to the superintendent, and ask that they convene a meeting to discuss positive behavior support strategy. If you don't get satisfaction, I would send a copy of the letter to the your state department of education

I am sorry.

 

[JJJ]

I would definitely complain. This sounds like the situation that was all over the news where the teacher allowed her kindergarten class to vote a kid out of the class. She is currently "reassigned" to duties where she does not have contact with children while they investigate. It is WRONG!! WRONG!! WRONG!! and the teacher should be reprimanded.

 

[Martie]

I am very sorry this happened to your child. Is he in special education. If so, this changes the legal picture considerably.

Martie

 

["B"]

Hey Martie thanks-no he isn't in Special Education~therefore Iam finding out he isn't eligible for certain things. Is it good or bad in my favor for a case that he is not in Special Education???

 

[Sheila]

Children with an IEP (Special Education), have much more protection from this type educator behavior.

It shouldn't happen to any child however. Hard to believe that a teacher would be the leader in this type incident. Shameful.

Your signature doesn't indicate what, if any, diagnosis your child has. If there is a diagnosis and the sd is aware of it, you could file a complaint with the Office of Civil Rights under Section 504.

You also could file a formal complaint with the school district and the State Education Agency.

So sad.....

Additionally, if his behavior is so bad why hasn't the teacher referred him for evaluation?

 

["B"]

Shelia~ the first diagnosis. was adhd phys.and then again by the psy. Dr. She put him back on strattera at a higher dose. Yes all year long, every time they felt they needed to call me and complain I would ask for help on what they thought I should do ...Their response is "we are all scratching our heads on this one" gee thanks! this episode happened at the end of the year~may 15 to be exact . I didn't have a meeting with all the teachers about him being put on this medication. but the principal knew and this teacher knew he was taken something because her class was his first one in the morning and one day he forgot to take it and she called and said that my son was adamant about calling me because he needed this medication.( it was like she was doubting him and calling me to find out for herself...)I told her yes it was important and I went right then and gave it to him. so would that fall under that 504 section you were talking about?

p.s. At the end of the year, the counselor said maybe an alternative program would be good???? (He wasn't doing his work ,being argumentative,and just not caring ,which they said they had to stop and give him to much attention during class) This episode happened in his A.G. Math class.

 

[Sheila]

It should be enough, but I doubt it would get you anywhere with-OCR.

This is a good example of why we advise parents to follow-up meetings with a Letter of Understanding, e.g., OCR and OSEP usually will not hold a school district accountable unless the parent(s) have advised the school district IN WRITING that they suspect their child has a disability such as ADHD.

When children have behavior OR academic problems in school, any educator at the school or the parents can refer the student for evaluation to see if they are eligible for an IEP. I recommend that you parent refer. You can do this by sending a letter to the Sp Ed Director via Certified Mail. There are sample letters in the Sp Ed Archives if you need one.

In the Archives you'll also find a thread called Getting Started. It will help you become acquainted with-your's and your child's educational rights pertinent to disabilities. Lots of other good reading material there also.

Again, sorry this happened to your child.

 

["B"]

thanx Shelia~
every time I spoke about writing for a IEP to be done for my son the teachers and principal and counselor said he doesn't need one????????????? not sure I know what OCR stands for?? Thanx again

 

[Sheila]

If your son's behavior in the classroom is so difficult that a teacher wants him out of her classroom, the sd should realize that there is a problem.

every time I spoke about writing for a IEP to be done for my son the teachers and principal and counselor said he doesn't need one?????????????

Another reason paper trails are needed. Follow up the talking with-Letters of Understanding. In your case you obviously had put the sd on notice that you suspected a disability.

You're going to have to document everything with-this sd.

OCR is Office of Civil Rights. The enforce Section 504. Part of Section 504 pertains to school district's responsibility for educating children with disabilities. Without a paper trail, all you have is a he said/she said situation. Complaints without documentation will not hold up.

Again, I'd send a letter via CM to the school district requesting an evaluation in accordance with IDEA guidelines.

Be sure and keep the email from the teacher defending herself. It'll come in handy when you get to an IEP eligibilty meeting and you're told "we don't have problems with him at school."