Teachers rights in special ed?

The aggressive child has a right to a free appropriate public education. It sounds as if the "appropriate" part needs to be addressed here. There are times when a student is placed in a special education classroom that, for many different reasons, is not able to adequately provide for his needs. Although medication might very well be helpful, a parent cannot be forced to put a child on meds. So I would strongly suggest requesting a team meeting (teaching staff, parents, school administrator, school nurse, psychologist, occupational therapist, speech and language therapist, etc.) to address the issue.

As far as your rights, while it is true that there is an increased risk of injury from student assault in special ed classes, you absolutely have the right to a safe working environment. Are you filing incident reports when a student injures someone or needs an emergency behavioral intervention (such as needing to restrain a child)? In my district, this is mandatory. The paper trail insures that administrators and parents are kept informed, and it helps to establish that there is a pattern of behavior.

I would also suggest that, as the parent of another student, you address the rights of the other students in the class. Every child has a right to feel safe at school, and if another child is terrorizing the class and harming other students, I would complain to the administration and ask for a meeting on how my child's safety and right to a secure classroom environment were going to be provided.

It sounds as if the assaultive child needs a behavior plan to help him learn appropriate behavior. And it may well be that he needs a different, more structured classroom environment in order to succeed.

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Visit: www.wrightslaw.com/ As a parent with a child with Autism you recognize the concerns with medication. Personally, I think it is a conflict of interest for you to be the teacher in your sons classroom. I'm concerned that you are not aware of how to call an IEP or protective services if necessary. Also check federal policy 2149. Children with autism are typically eligible for a 1:1 aide who is trained in emergency passive restraint techniques. If the aide working with team intervention can not ensure the safety of not only your child, but the others, then a grievance policy must be instituted whether it involves pursuing medication or not. Request positive behavioral support training from your school administration including an immediate intervention and crisis prevention plan before a lawsuit occurs. Additionally, you should ensure a federally employed advocate is involved in your own sons planning processes.

I have been in a similar situations one too many times. Unlike children in regular education, children with special needs including autism, can't be explelled or suspended from school for aggressive or improper behavior if that behavior is a direct result from their exisiting/diagnosed disability. It sounds like this child is unable to control himself; therefore, he can't be suspended or expelled due to his aggression. I've never heard of a teacher successfully suing a family. I personally had my ribs cracked....and only had a 1 day of workman's comp and light duty.....it took months to heal.

In a nutshell you can't force a parent to place a child on medication; although I do recall one time my school was able to get a court order banning an aggressive 14 year old from school unless his medication was administered each day. Mom couldn't get him to take it...and his behavior escalated in the community until he was hospitalized permanently. Very sad situation.

I really understand your frustration. I have been sent to the hospital 4 times in 13 years....and that doesn't include all the scratches, punches, pinches, and kicks I received that didn't require medical attention.

I recommend that you document his behavior very accurately and thoroughly. Your own child might not be violent, but many children with autism are prone to violence due to various internal/external reasons. Your school must document the incidents and all doctor reports (I hope you had a doctor visit today!!). If the child's team can gather enought data that would warrant a change in placement then you can call a meeting and present your findings to the family. They may or may not agree.

I have never known a district to deny a professional or paraprofessional a transfer to another job if violence is involved. You should not be expected to work in a situation that makes you uncomfortable. Autistic support can be wonderful and very fulfilling! I love it. Unfortunately, the aggression does occur...not always, but it is a known factor. Your school should be providing training on passive restraint and/or behavior management to all children directly involved in this child's education.

I've found many parents "don't wake up!!" like you would hope. Some families get by the best way they know how....and will not explore medications because of the fear of side effects...or even religious beliefs. Your school's hands are tied until they can get a meeting scheduled with thorough data collection, a functional behavior analysis, a behavior plan, and a crisis plan.

IDIEA (Individuals with disabilities improved education act) has clearly defined laws for change in placement. Follow the link below to find out more.

Good luck! Stay strong!

Children with autism have all different behaviors. You can file an injury report but when working with children who have autism getting injured is a chance you take. Whoever hired you should have made this clear to you. You can not expect to work with the children and not get hurt in some way. Parents don't have to medicate their child. It is the job of the staff to get control of the child and figure out how to make the child behave. Yes, it is possible. The teacher and assistants have the job of protecting the children from the boy. Do you have a Rifton chair? Get his IEP out and add it. Then use it. The child doing this has control of the class and he is showing you. Take control from him. Does he have a way to communicate? If not get him pictures and a visual schedule of his day. This will help also.

Have the teacher request a team meeting and bring up what he is doing. The parents have him in the class to learn. Once you get control of him and let him know who is the boss he will calm down.

The state can not force any parent to put a child on medication. The state has a responsibility to provide education for all children regardless of their disability. The real question is whether this particular classroom environment is appropriate for the child. A classroom for severely handicapped children may be the most appropriate setting for the child if he is not already in such a class. If his class is for severely handicapped then the child may need a direct one-to-one aide who will work with him each day and assist the teacher with managing his behavior. You should definitely report the incident to the school district. It will help the situation. As incidents like these are documented, sooner or later the district will address the problem and work toward finding a solution.

Teachers often need to know or have input from home in order to plan how best to teach their students. They would need to know, for instance, if you were up late a night for some reason. This would mean you could be coming into school very tired everyday and be harder to teach. Parents are often asked to provide input about the students strengths/likes or weaknessess/dislikes. This gives the school (not just the one teacher) some idea of how you are at home. Some kids act differently at home than they do at school. If the teacher is out of the picture for you, then I wouldn't worry about it. They were just doing their job. Blessings!

What does the classroom teacher and the school administration say? How do they answer that question? Is the behavior due to the developmental delay or poor discipline? What do the parents say when they are informed of the behavior problems? I am intimately aware of special needs children and the fact that getting recommended supports is politically determined. It doesn't really matter what the rights are according to the documents provided if the one in the school with the most power disapproves. The kid you are talking about has a real problem but its not necessarily the behavior that's the problem at all. He is on your bad list clearly. What option for change does he have? Isn't it about the children? No, of course its not. It should be but it definitely is not. Children with issues face discrimination from peers, parents, aides, even some teachers. I don't think the boy has a chance in that class because you don't say a single positive thing about him. Is your son perfect? Conflict of interest on the school's dollar? I believe the 'aggressive' boy has needs that are not being met and I believe you don't want to try to meet them. I'm sure you are angry. I am and I think you need to assess your priorities and your superiors need to take a close look at the boy's situation and what help he needs. He is the priority in this.

That sounds quite extreme. I assume the principal knows about this and the school district knows? You need to use the appropriate channels to make sure it is brought to the attention of the everyone in authority connected to the school. Make sure each event is recorded.

How old is this child? How are you able to keep the other children safe? As the previous poster indicated, you may want to look at going to the police or possibly child protective services if you can't get any help from your school or district. Where I live (Canada) most likely protective services or some other agency besides the school would be involved in this kind of case.

Sorry I couldn't be of more help.

I have so much respect for those working in special ed. It takes patience and genuine caring. I myself worked with an autistic middle school boy for about 3 months as his "one on one aid".

It sounds to me like this student also needs a one on one aid to assist him. This aid should also be trained in behavior modification training such as PECS, ABA, discrete trials, etc.

Also, I work for a large district where I know for a fact that a parent working in a classroom with their child would not be allowed. It really does sound like a huge conflict of interest. And I don't mean to insult you whatsoever.

Good luck!!