Dumping kids who don't qualify?

Discussion in 'Special Education' started by teacherld, Jun 7, 2015.

  1. teacherld

    teacherld Rookie

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    Jun 7, 2015

    I need professional help. : )

    Ok, this is my second year of sped teaching, so I am still learning. I feel I am being taken advantage of, because I am still new to this.

    Long story short, there is a deaf boy. His gen ed teacher is complaining about him because she says that he is scoring really low in everything in her class. His hearing impaired teacher has said that there is a rule/law where students under the category of HI can be serviced by anyone ( not sure if this is true but my principal is asking me to service him) .... so they are trying to put him in my class ( LD) . I was apprehensive, because I know that sped students have to go through eligibility to qualify for sped services, however there was no eligibility for this boy.

    Honestly, I feel that the gen ed teacher doesn't want him in her class anymore because he has an interpreter. The interpreter is a jerk and complains a lot... and the teacher just doesn't want to work with the interpreter so she is pushing him into LD. Can they do this?
     
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  3. Jerseygirlteach

    Jerseygirlteach Groupie

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    Jun 7, 2015

    I have never heard of a law like that. I'm not saying it's not true, but I would find it hard to believe. If he is hearing impaired, he should have a 504 that would allow him accommodations. For him to qualify for sped services, he would need to be tested and qualify. Special ed classes are not supposed to be a dumping ground for kids that aren't doing well in gen ed.

    I might be wrong, but it sounds like your district is setting themselves up for a lawsuit.
     
  4. Special-t

    Special-t Enthusiast

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    Jun 7, 2015

    Special education teachers can only service/teach students with IEPs.
     
  5. teacherintexas

    teacherintexas Maven

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    Jun 7, 2015

    I would ask your director or whoever is in charge of special ed in your district. This seems fishy.
     
  6. bros

    bros Phenom

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    Jun 7, 2015

    If the student has an IEP under Hearing Impaired, they can receive services regardless of classification. The most common example is schools saying that if a student has a speech-language impairment IEP, the district tries to say that they can only receive speech services - which violates IDEA.
     
  7. waterfall

    waterfall Virtuoso

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    Jun 7, 2015

    This is not true in my state. I've always had to take on extra kids during intervention blocks if they fit in with my students. Obviously, if they are low enough to be in my groups they often are going through the RtI process and we end up eventually qualifying them anyway. Occasionally kids will stay for an intervention cycle or two, make improvements, and be moved to a higher level intervention group with another teacher and I never see them again. In some cases, they do fit in academically with my students but don't qualify for an IEP for other reasons like significant absences. When I started at this school I tried to make a case for not taking on extras because they had me sign a paper for funding purposes saying that 100% of my time at school was spent on sped tasks. My sped director said that that this would still be true even if I have gen ed students as long as there is at least one sped student in the group. I typically see about 12-15 gen ed students over the course of the year.

    As far as the student described in the OP, I am only familiar with my state, but we follow a needs based service model, and once students qualify under one area of sped, they are eligible for any service that they have needs in. I currently have a hearing impaired student that sees me for math because she has a significant need in this area, even though she isn't officially labeled with a math learning disability. I also have several students that qualified under speech but have math and/or reading services added on to their IEPs because they have needs in those areas. Does the student's data show that they are significantly behind academically? If it does, you would be required to take on the student. If it's truly that the gen ed teacher wants the child out of the room and she's not very far behind, you would need to have data to show that this is the case and prove that the child doesn't need any academic services to their IEP.

    ETA: I see some of the posts above me mentioning 504- does this student have a 504 or an IEP? If the student is only being served under a 504, that would change things, but I assumed from your OP that the child has an IEP qualified under the area of hearing impairment. If this is the case, the child IS in special education already.
     
  8. smalltowngal

    smalltowngal Multitudinous

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    Jun 8, 2015

    In my state, even if this student is 504, the special education teacher would still probably see them to help address academic struggles.
     
  9. K1teach

    K1teach Companion

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    Jun 8, 2015

    I feel like if he was in the gen ed room most of the time, but is now spending significant time with you, it would be a change of placement which would require a meeting with parents and a signature at the very least. If you are nervous about approaching your supervisor, you could put it in those terms. Not that you don't want to work with him, but you do not want to be out of compliance.
     
  10. bros

    bros Phenom

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    It all comes down to the percentage - but any change in placement requires IEP team approval
     
  11. stepka

    stepka Comrade

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    Jun 17, 2015

    In Missouri this would not be legal. I've been willing to work with those with a 504 before but was told absolutely not. I can let them come to my classroom to take a test though. It sounds like you all need a new interpreter and I'm wondering what the parents have to say about this? And yes, the teacher is dumping.
     
  12. bella84

    bella84 Aficionado

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    Jun 17, 2015

    These laws are so open to interpretation, it drives me crazy. :dizzy:

    I was in Missouri until a couple of weeks ago. In my district, sped teachers were allowed to provide services to students with 504 plans. Services could only be something like "learning strategies" or "study skills" instruction. They couldn't get academic services, but they definitely got services in sped. So, either my district is doing it wrong, or yours is. I hate how confusing the laws are and how even the high-up admins can't agree on what is right and wrong, legal and illegal.
     
  13. bros

    bros Phenom

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    Related Services cannot be provided to a student with a 504. A 504 only grants the student accommodations - no modifications, services, or changes in placement.
     
  14. bella84

    bella84 Aficionado

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    Jun 18, 2015

    I'm just saying that's not how it's done where I'm coming from. Whether or not I know what's right and wrong makes no difference at all. Believe me, I've argued the point and lost. Attending certain groups is often written into 504 plans at my last district. They consider it intervention, not a change in placement, just like they would for a student attending reading class with the reading specialist. Although, again, they never write reading or other academic services into a 504 plan. Honestly, it's usually only for services that the counselors would be qualified to teach. However, since the counselors are "too busy", sped teachers get stuck providing the instruction. Even without a 504 plan, we often have "mixed" regular ed/sped groups for services, including academic services. Technically, we try to have a legal ratio, but it doesn't mean we always do. I just get so frustrated with the lack of consistency among sped administrators.
     

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