QUESTION

I have a student this year who is severely impaired, has never been to school or given a formal diagnosis. His mother has shadowed him from Day 1, but is

now ready to leave him alone in the class. He has been attending only two

hours each day because he gets over stimulated. He is EXTREMELY disruptive to the class. HELP!  Where do I draw the line? Where do the other students' rights and my right as a classroom teacher start? I want to do the proper thing but I feel taken advantage of. The parents can't handle his behavior for 15 minutes, but I'm expected to manage a class on top of his behaviors? Where could I get more information?

ANSWER

The CKA office forwarded your inquiry to me.  Your situation and questions

go across several areas.  You need to be appropriate at each of the levels

and watch for conflict among them.

The first area or level is ‘legal’.  What are the child's rights under ADA or

educational code to be in a mainstream classroom vs. getting an appropriate

education?  I believe, and you should check for legal clarification from an

attorney that the child has a right to an education, but not specifically to be placed in a mainstream classroom. I hear a clear assertion on your part that the child is not learning, nor in the appropriate learning environment despite his accommodations (his shadow).

The next area or level is ‘special education codes’ within your school district.  Accommodations for special needs, is a principle of special education, but it also has limitations.  What are those limitations?  Does the child's behavior affect his ability to function successfully and appropriately in the classroom?  This also concerns his ability to learn in the classroom.  The other perspective is your ability to meet his needs.  I hear a clear assertion on your part that you, as a mainstream teacher with a mainstream classroom are not able to meet the child's needs for learning, nor can you provide the appropriate learning environment for him within the limitations and responsibilities in your classroom. You should check with your Special Education Department for guidance.

Another area is that of ‘you as an employee of the school district’ your rights

and the scope of your responsibilities according to your contract with the district.  Are you teaching within or outside your job description as contracted?  In this situation, you may need to get the advice of the teachers' union.  Are you also asserting that you are teaching outside of your contracted responsibilities as a general education teacher vs. a specialist?

Mixed into all of this is whether the needs of the other children are compromised or actually harmed by his placement.  It appears that you are asserting the learning of the other children is harmed by the disproportionate and ineffective time and energy attempting to manage this child (much less teach him).  This needs to be discussed with the principal. It would eventually get back to him/her when other parents become disgruntled.  Talking with the principal BEFORE this happens is important, because with all of this is the political reality of managing all these issues, including (perhaps, especially) his parents' desires vs. other parents concerns for their children's education vs. your needs.

My or anyone else's opinion does not empower you to make any change.  

You would have to make your own decision within the realities of your class,

school and school district.

Good luck.

Ronald Mah

Member CKA Board of Directors