Why Parents May Want a Different Teacher for a Learning Disabled Child
If there is one thing special education parents have in common with regular education parents, it is the desire to get the best teacher possible for their children. When possible, it can be helpful to speak with your child's principal or guidance counselor about the problem. In some cases teacher placement issues can be resolved informally at that level or perhaps speaking with a board office administrator. While most parents and students will not have significant problems with teachers, some will have the misfortune of encountering a teacher that is not a good match for the child's learning needs, and it may not be possible to resolve the matter informally. Parents typically want changes when:
- Teachers are not willing to make adaptations and accommodations for testing or classroom instruction.
- The teacher states or shows through his actions that he does not have the skills necessary to teach a child with exceptionalities.
- There is a personality conflict between the teacher and child or teacher and parent.
- The teacher behaves in an unprofessional manner with the parent, the child, or the classroom as a whole.
- The teacher is lacking in behavior modification skills and cannot control problem behavior or bullying in the classroom.
What IDEA Says About Teacher Choice
The Individuals with Disabilities Education Act gives parents of children with learning disabilities and other types of disabilities specific rights to help ensure students receive a Free Appropriate Public Education. Parents are often surprised to learn, however, that teacher choice is not one of them.
What You Can do Under IDEA
Although IDEA does not allow parents to request a specific teacher, some aspects of the law may help. Under IDEA, you can:
When there is a conflict over placement, you can use that reasoning, to request a change of placement rather than a change in teachers. You may not get the teacher you want, but you may be able to improve your child's situation by requesting a placement different from the current one.
As always, make sure you have a legitimate complaint before taking any formal action against a teacher or a school district. Some special education advocates may attempt to flood a school district with frivolous complaints in attempt to bully them into submission. In my humble opinion, this is never a good idea. Filing a complaint without solid proof or for the purpose of harassment will destroy your credibility with the district and may make them more resistant to your requests. Further, IDEA specifically prohibits awarding attorney's fees to parents when hearings are requested for frivolous reasons. In other words, you could be stuck with advocate and attorney fees when you file baseless complaints, hearings, and lawsuits.
There are important things you should know before you work with an advocate or attorney.
Are There Any Laws to Help Parents with a Severe Problem Teacher?
Under very specific circumstances, there may be some legal relief for children stuck with a problem teacher:
It should go without my having to say this, but abuse charges are very serious. Never file such charges against anyone unless you can prove the allegations, and you truly believe your child is in danger. In some states, filing false charges against a teacher or filing charges for the sake of harassment is a crime.
