Tuesday, January 25, 2005

Who's the advocate for your child?

Who’s the advocate for the average student? As a teacher I have attended countless student study meetings, both the informal initial meeting and the formal, mandated meeting to determine an action plan for a student attended by the parents, special education teacher, an administrator, counselor and teacher. All are an attempt to coordinate action and create a plan to help a student. All fine, to a point.

The meetings that frustrate me are the ones where it appears that the student has an entire board of specialists, all demanding action of behalf of the student. A memorable student teaching seminar, some twenty years ago still stands out in my mind. The speaker was a county office of education representative of special education. She explained that state law mandated that any intervention on behalf of special education students, no matter what the cost should be pursued. I took exception to her statement, explaining that funds would never be sufficient to meet that mandate and furthermore what right did any child have, gaining his education at the cost of others. She said that was beside the point, it was the law.

A situation at a neighboring school district pitting one student’s rights against the welfare of the entire class has recently brought this all to mind. Picture a kindergarten class. Over on half of the school year has already gone by and the class is still disrupted daily, even hourly by a student who screams and will not stop. An aide has been hired for the benefit of the single student. However, the aide’s hands are tied. The aide may not touch or remove the student from the classroom, only attempt to calm the child.

The parents demand that the child stay in the class and not be removed. This demand is backed by some implied threat, because in the ordinary course of events, a disruptive student would be removed. But this is a case where a copy of the statues are in the hip pocket of one of the parents at all times and they will see that all actions concerning their child are carried out to the letter of the law.

What are the rights of the other students? Who’s looking out for them? Why should a year of their school experience be ruined because of one student. Make no mistake about it. The class is not functioning, the teacher is totally frazzled and on edge. Parents are bailing out or expressing extreme displeasure.

I believe the answer is simple, your “rights” end at the point they begin infringing on the rights of others. In instances like these the other class members need a representative at the meeting to stand up for their rights!

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