Special education- IEP issue: Advice please???

Question

I am a sped teacher in a self-contained classroom in a regular school. One of my students (Let's call him Michael) has really improved his literacy, math and speech skills.

School administration is demanding that I recommend Michael to be placed in a more restrictive class setting (i.e. a special ed school). They feel he shouldn't be in my class and that he needs more "services." On the other hand, I am his teacher and I disagree. I've worked with the child daily for 2 years. I can prove that this child has made progress since I've been his teacher and he is not mentally retarded like they're trying to label him. His testing results show that he is functioning pretty close to his grade level in reading and not that far behind in math. I've been instructed to write an IEP that says he should be in this other setting. Personally, I think the administration are on a wild goose hunt to get rid of certain special needs kids. Can I refuse to do this on ethical grounds? What are my rights

Answer 1

Call a meeting to request a full-evaluation.  Contact the parent and let her know what is going on, tactfully across.  Parents will advocate for their students if they feel their child is being picked on.  sell it to the parent and then support them with the process.  If the parent puts in writing that they want an evaluation, that's all it takes!

Answer 2

I don't know what your rights are in this situation, but I do know from having a daughter in these classes that the parents are to be involved in this IEP process, at least it is like that here in North Carolina.  You could speak with the parents and tell them your personal assessment of Michael and also of your dilemma in dealing with what the administration is telling you to do.  If the parents fight the IEP and keep you from having to fight your own boss, you will be in the clear and what you advise for this child just might work out.  I do believe you have the right to tell the administration that you strongly disagree with what they want and tell them why, but it might cost you your position or tons of harassment from them that might be an effort to get you to resign.  We have a parent's handbook of rights pertaining to the IEP.  If you have one for NY, the answers may lie within it for you.  Be cautious whatever you do!

Answer 3

Oh, be very careful! I too am an SDC teacher.  You can make recommendations about the child's placement, but the "team" must make the final decision.  By law, the child must be placed in the Least Restrictive Environment.  You need to have testing and work samples to support your statements about his progress.  For example, if he's meeting his IEP goals, then the is being successful in the classroom. He should also have psych. reports and other academic testing that shows where he is cognitively.  If the testing contradicts your belief of his true capabilities, then show teacher made tests and classwork to support your cause.  I would not say that you "ethically" refuse, but because of the LAW.  Spin it such that the district supports you.  You understand their perspective, but you don't want to go to Fair Hearing because the district is not supporting the rights of the child. You are saving the district money by protecting them from going to litigation.  In the end, you are the teacher.  If you voice your concerns, just make it be known that you did not agree (NOT IN FRONT OF PARENTS) with the placement, you tried.  Showing improvement just may not be enough.  The parents have the ultimate say.  You can tell them how much your student has improved to hint to them that this current placement is the best for him.  Explain that the other placement is more restrictive (how and where the child will be), but be aware that parents can turn on you too.  Good luck!  This is a touchy matter.

Answer 4

I am a parent of a special needs child...had an IEP meeting today.  You are to be commended for your caring and dedication.  It is risky to take a stand other than the one the administrators are taking about a particular kid.  I know well that administrator get rid of kids/students they do not want in a school for a number of reasons.  Seldom will anyone stand up for the best interest of a kid in the school.  If you are one that is willing to take a stand it will be risky, but the kid needs someone like you on their side.

You can educate the parents to advocate for their child.  strong parents can get much of what they feel is in the best interest of their child...if they are empowered to exercise their parental rights...which they have lots.

You can file a state compliant.  after all to make this request outside to the IEP process is against state and federal regulations. That is to determine placement.   Non-parents can file state complaints.

The decision is not easy.  Best of luck to you.

Answer 5

Unless the kid is a major behavior problem they want to get rid of, you must be at a school where they say we can't serve...  I hate that!  I'm sad when I eval a kid and he gets shipped off somewhere else, sometimes away from siblings.   I mean you're in a self-contained class, what more do they want (my district doesn't even have self-contained LD classes anymore!)  

If you have reason to think that the psych eval done isn't accurate, you can request (as a part of the IEP team) that a nonverbal eval be done to verify what you believe about the child's ability.  If you believe the child has some speech and language issues a nonverbal IQ may help (so the child isn't tested in their area of disability).  Did you do the adaptive behavior or the parent?  Was he rated to be within the delayed range?  If not, he can't be placed that way.  

Finally, you should be able to disent because you feel it will be harmful to the student.  I think you might even put it in writing in case the parent ever does wake up- by the way, how can they change him to a more restrictive environment without parent approval?

Answer 6

The Law states, that a child has a right to a Free and Appropriate Public Education in the Least Restrictive Environment (LRE).   Typically self-contained classrooms are for students who are functioning much lower than others.  Being mentally impaired would not be a reason to move him out as there are many mentally impaired students even within some general education classes.  Perhaps there are behavioral difficulties---you didn't give much detail.  If you don't feel that the recommendation is right, you can write a dissenting report and disagree with the IEP.  Making sure your report gives clear reasons why the student should not be placed in a more restrictive enviornment.

Answer 7

Well, the IEP is something that you can write however, legally the parents have the right to decline the IEP.  If the student is making gains that you say he is then his parents will probably feel the same way and reject the IEP.  Also, Im confused why the district wants to get rid of this student to an outplacement school.  It will cost them district more money to send him out of the district.  Schools usually dont place them out unless there is a really good need for it.  And placement shouldnt be dicussed until the end of the IEP meeting anyways.  Such a tricky dilemna you have going on.  Good luck!  And support your opinion with all your data and work examples.  Bring it with you to the meeting.