Gifted Issues Discussion homepage Forums Twice Exceptional Not following IEP - get aggressive or ride it out?

So my son got his progress report on Friday and is failing science in a very big way - a 36% to be exact. Why? Two reasons - they are given vocabulary tests of random choices of a listed 100 words every week that count for more and more each week and that now count for almost a test grade each week. Spelling counts, as does wording the definition as it is on the sheet. So if you are good at memorizing, your grade enjoys a healthy boost. But for my son, it means a failing grade added to his score each week.

On top of that, the science teacher - unbeknownst to me - told my son that her printer was broken so he could no longer email his assignments to her, that he had to print them out and turn them in "like everyone else". This is a direct violation of his IEP and was instituted without my knowledge or permission. He now has a multitude of assignments that the teacher can't find. She is disorganized and loses things (my son is not the only one whose work has been lost), but she doesn't take a lot of responsibility for her part in it. And my son does lose things, can't find them when they're right in front of him, etc. So he has at least 25 zeros for the semester.

We live in a no-fail state, meaning my son cannot be failed without my permission. So I can just let it slide since there are only two weeks and just refuse to allow them to hold him back or make him take summer school. Or I can get aggressive and fight it. I have sent the teacher two emails since Friday, both of which have been ignored. So if I do address it, it will have to be an escalation that will likely turn ugly and will result in very negative feelings that will carry over in a school where my son has two more years.

So, for those of you who have "take it to the mattresses" or let it slide, any advice as I debate which route to take?

UGH! I'm so sorry this is happening ABQMom. I don't know what I'd do in your situation - I'll have to think about it.

I have a much less serious case of this going on at the moment but on a smaller scale. I can't even make up my mind re my own ds and what to do!

What do you think the repercussions will be if you send an email just stating what's going on re the not accepting email and other IEP violations (without saying they are violations, just pointing out that they are part of the accommodations outlined in the IEP) - send it to the IEP team or to the principal? I'm thinking that no matter what you do, you need to document this for the future in case you run into other violations that you ultimately do want to fight.

polarbear

I totally agree with this.

And personally, I would definitely follow up on it. (Not necessarily with guns blazing, but assertively state what's going on and ask for the principal's attention in resolving the issue.)

If your DS will be at the same school next year, the principal needs to be on alert to place your DS with teachers who will follow the IEP and support him. That's the big reason to deal with it now, IMO.

DeeDee

We are in the midst of this now and we are pushing back. Hard.

We hired a consultant and went above the principal to the district's coordinator of special services. He gets it better than anyone in the school and has actually agreed to write a letter to DD's file acknowledging that they violated her IEP. We are still negotiating the final wording but it looks like it will be a powerful thing to have in our back pockets as we move forward. We also expect that he will step in to both educate the school personnel about following DD's IEP more closely in the future and to meet with DD to explain that "grown ups make mistakes too" and apologize to her for the way she was treated. I can't say that you will get this kind of a response but we are certainly grateful for it.

DD is only in first grade so we have a lot of years ahead of us dealing with these people. Last year we had a terrible situation in a regional magnet in a neighboring school district and never made any progress. I took a more conciliatory approach which neither got DD's needs met nor created a relationship that I would be comfortable with moving forward. I learned from that and decided to call our home district on things as soon as they happened. Right now things are pretty tense but I am convinced this has been the best approach to get DD's needs met moving forward.

It is hard - some people really, really hate confrontation and it is important to pick your battles wisely. I am sure that there must be another printer somewhere in the school that works. If not they can repair the science teacher's machine. To me this means that the teacher is willfully choosing to ignore the IEP and penalize your son for his disabilities. If I were in your place this teacher's actions would likely result in an immediate call/email to the principal. If I was still ignored I would be contacting the superintendant or director of special services. If you let it slide do you have reason to believe it will improve next year? I would think that one way or another a precedent is going to be set here. Either they can ignore the IEP or they can expect you to hold them responsible for it. This does not have to result on negative feelings – it is possible that pointing out the requirements of the IEP may just serve to remind the teacher of her responsibilities. If it does turn negative is that really going to be worse than having your son fail a class because of his disability?

It sounds like you feel they violated the IEP because your son is allowed under the IEP to email his assignments, apparently instead of handwriting them out. The teacher's printer is broken and she asked him to print them out and give them to her, which he didn't.
That doesn't sound like a huge violation of the IEP. What if he had not emailed the assignment? It would be the same result. Does it say in the IEP that they are supposed to contact you if he doesn't turn in assignments? I think you can legitimately ask to have the printer in place. That also isn't expensive anyway.
The vocab tests sound like that is something your son isn't good at, which is a bummer, but that would presumably not be in the IEP. Maybe you should just meet with the teacher and see how to help your son do better.
I agree with Master of none- you need to define what exactly you want.

The IEP clearly states that instead of turning in the assignments that they are to be emailed to the teacher. She told him he could not email them to her. This IS a violation of the IEP.

In addition, he turned in EVERY ONE of the missing assignments. She has lost them or failed to record them in her online grade book.


He has dysgraphia. He will likely NEVER be better at spelling. That is why it is a learning disability with an IEP - because it hinders his success in areas he can get better in. His IEP clearly states that spelling is not to be part of the grade for him unless it is a spelling test.

Thanks to all of you for the advice on documenting things in case we need to use this issue in the future - or in case we have to escalate now. I will wait a day to give her time to catch up on her email (the first was sent last Friday, the second this morning). If I haven't heard by Thursday, I will email her again and include the emails I already sent and cc the principal and the special ed chair.

I talked with my son about it, and he said for him it really matters that she gives him credit for the work he did. So he would like me to push on this if the teacher doesn't respond. He said that it would matter to him, because he didn't want to have an F in a class that he didn't deserve the F. He said if he'd messed around and not turned in the work, he'd accept the F and the fact that he'd need to do summer school. Since it matters to him this much, I need to back him. I can rationalize that he moves on to 7th grade with or without the F, but I can't rationalize that to him.

ABQMom,
If my opinion means anything, I think you should report a violation of an IEP. What’s the point of having it? My DD was in a class with a "ditzy" classroom teacher, only 2nd grade, and she was constantly struggling with lost folders for her work, missing library books, missing coat. I also had no responses to e-mails. It's unacceptable. I didn’t document or report all of these things and by the spring, the teacher ended up leaving my kid locked outside of the building and then it was a mini-crisis.

We are also non-confrontational but I'm learning that you can push back appropriately.

If the teacher truly understands and respects the IEP, as soon as she knew she had tech problems she should have reached out to someone – her superior, you... that’s all it would have taken. 25 zeros, how long did this go on?

Since March. When I saw a few zeros on the parent portal at the beginning of the new grading period, I shot the teacher an email. She assured me it was just an accounting issue - grades hadn't been issued, not to worry. The the parent portal went down for upgrade/maintenance for several weeks, and so the first I knew about all of the zeros was Friday when my son brought home a printed progress report that simply showed he had an F. The parent portal also went back online that afternoon, so I was finally able to see all of the zeros.

It's so exhausting. It's worse than if I was just going through 6th grade again. It is crazy the amount of time and energy that is required to help our 2E kids make it through the school year.

Wow. I can't even imagine, but it still has the "flavor" of the types of experiences I've had with DD in elementary school. I still think an IEP violation is an IEP violation and should be documented.