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Teacher Freedom Versus IEP Compliance

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What is the name of your state (only U.S. law)? NY
My wife is a Special Ed teacher that has taught an inclusion class for the past 8 years. She has worked with seven different General Education teachers during that period. Some were new teachers while others were seasoned teachers. She didn't see eye to eye with the other teachers on every issue but they managed to consistently have the class perform well on the state exams. She has several degrees including a degree in Reading and has been able to get children that are two years below grade level up to grade level by the end of the school year. She has consistently received exemplary reviews by her Special Education Director and Principal each year including this year. This year she is working with a new General Education teacher and new assistant, both who have never worked in Special Education or inclusion before. Without going into the details their expectations as to how the class should be run is conflcting with the goals of the IEPs. The Principal, Assistant Principal and Special Education Director have been involved to the extent that both teachers and assistant have been asked to modify thier teaching style in the class. It seems that the General Education teacher and assistant have become resentful and have begun a campaign to undermind my wife. My wife is very frustrated because she is trying to comply with the IEP and Principal's recent directive. For instance, the IEP for some students say that the test must be read to the student. The class is almost half IEP students so it's difficult for my wife to read instructions to several students at a time. When she asked the General Education teacher and Assistant to help they refused. The child needing help felt abandoned to a degree. The General Education teacher has made statements to my wife that raise concern for my wife's safety. The classroom is becoming a hostile environment which is not good for the students. What should be the next steps for my wife?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? NY
My wife is a Special Ed teacher that has taught an inclusion class for the past 8 years. She has worked with seven different General Education teachers during that period. Some were new teachers while others were seasoned teachers. She didn't see eye to eye with the other teachers on every issue but they managed to consistently have the class perform well on the state exams. She has several degrees including a degree in Reading and has been able to get children that are two years below grade level up to grade level by the end of the school year. She has consistently received exemplary reviews by her Special Education Director and Principal each year including this year. This year she is working with a new General Education teacher and new assistant, both who have never worked in Special Education or inclusion before. Without going into the details their expectations as to how the class should be run is conflcting with the goals of the IEPs. The Principal, Assistant Principal and Special Education Director have been involved to the extent that both teachers and assistant have been asked to modify thier teaching style in the class. It seems that the General Education teacher and assistant have become resentful and have begun a campaign to undermind my wife. My wife is very frustrated because she is trying to comply with the IEP and Principal's recent directive. For instance, the IEP for some students say that the test must be read to the student. The class is almost half IEP students so it's difficult for my wife to read instructions to several students at a time. When she asked the General Education teacher and Assistant to help they refused. The child needing help felt abandoned to a degree. The General Education teacher has made statements to my wife that raise concern for my wife's safety. The classroom is becoming a hostile environment which is not good for the students. What should be the next steps for my wife?
I do not see a legal issue. I do not see why you are posting your wife's business over the web. She should be handling this with her principal.
 
She has talked to the Principal and others who have said she should talk to an attorney. Is this a matter for the union, school attorney or private attorney?
 

cbg

I'm a Northern Girl
FYI, in employment law the term, hostile work environment, has a very specific meaning, which your wife's situation does not come even close to meeting.
 

CSO286

Senior Member
What is the name of your state (only U.S. law)? NY
My wife is a Special Ed teacher that has taught an inclusion class for the past 8 years. She has worked with seven different General Education teachers during that period. Some were new teachers while others were seasoned teachers. She didn't see eye to eye with the other teachers on every issue but they managed to consistently have the class perform well on the state exams. She has several degrees including a degree in Reading and has been able to get children that are two years below grade level up to grade level by the end of the school year. She has consistently received exemplary reviews by her Special Education Director and Principal each year including this year. This year she is working with a new General Education teacher and new assistant, both who have never worked in Special Education or inclusion before. Without going into the details their expectations as to how the class should be run is conflcting with the goals of the IEPs.The Principal, Assistant Principal and Special Education Director have been involved to the extent that both teachers and assistant have been asked to modify thier teaching style in the class. It seems that the General Education teacher and assistant have become resentful and have begun a campaign to undermind my wife. My wife is very frustrated because she is trying to comply with the IEP and Principal's recent directive. For instance, the IEP for some students say that the test must be read to the student. The class is almost half IEP students so it's difficult for my wife to read instructions to several students at a time. When she asked the General Education teacher and Assistant to help they refused. The child needing help felt abandoned to a degree. The General Education teacher has made statements to my wife that raise concern for my wife's safety. The classroom is becoming a hostile environment which is not good for the students. What should be the next steps for my wife?
This is an in-house, administrative/disciplinary issue. Schools are required by law to create and follow IEPs for those student who require them. If the teachers and assistant are refusing to follow the IEP, then the district needs to hold them accountable.

Your wife needs to continue doing her job. The administration needs to deal with the personnel issues.
 

Humusluvr

Senior Member
She could also ask to be reassigned to a different classroom, and cite "personality differences" with the Gen Ed teacher as the reason.
 
She tried that but the Principal said it can't be done. Right before school started the school opened another section of a 12:1 special ed class. The school filled the position with the last teacher excessed. My wife pointed out that the class should have been posted. The school posted the class after school started. My wife was selected for the position because of her seniority but since the posting closed a month after school started the school said they would wait until next year to move my wife into the position. Had they switched the new teacher with my wife that would have solved the problem for my wife but not for the children. The reality is the general ed teacher's style is not working with the students. They are continuing to struggle. My wife recently heard that this general ed teacher had failed half of the 1st grade she taught. It seems that this teacher has a history of problems but the school is trying to rehabilitate her.
 

I'mTheFather

Senior Member
I don't really understand what you want. You've mentioned quite a few issues, but I can't tell which of those you think are legal issues.

As far as the example you used in the first post, why doesn't your wife just read the tests aloud to the whole class?
 

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