Related Services: TEACHER PENALIZING STUDENT FOR PULL-OUT SPECIAL EDUCATION SERVICES

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Cat:  I’m an SLP who recently began working in the state of California. I’m working in a junior high school.

I have several students who receive curriculum support, but spend the majority of their day in regular education classes. I was told not to pull these student from their curriculum support because their special education minutes are written into the IEP. I’ve been trying to pull the majority of my students from their electives (most of my students receive speech therapy 1x per week and they have their elective every day).

Today I pulled a student from his elective and his teacher stated loudly in front of the class that he would be penalized for missing class, unable to make-up the work, and that his grade would suffer. I tried to explain that his speech therapy time was mandated in his IEP and it was binding, legal document. She said she didn’t care.

I apologized to the student who was blinking back tears and said I would find another time to see him. Unfortunately, this student seems to be struggling to maintain an average grade in all his academic classes.

I’m furious, but I can’t seem to find anything legal and specific that states that teachers can’t penalize students for missing general education time to receive special education services. I spoke to administration and they said there was nothing that can be done. I feel like this teacher is basically punishing this student for his disability.

Is there any legal recourse?

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Nan

I am also a SLP. I have students on IEPs who need “pull out” instruction. The principal is informing the related services providers that the student(s) can not be pulled out during core class, electives or RTI to provide the IEP services. This leaves us with the first 30 min in the morning and lunch to see all the students on the campus. Of course, we take into consideration each students needs and best time to pull them for services. Many students are seen using a “push in” model but for some student that model does not allow for the direct instruction they require. Do state/district (related services cannot happen as pullout during core curriculum, elective or RTI/MTSS time) rules and regulations override the IEP? Legally, when can a service provider “pull/not pull” students?

Chuck

The services listed in the IEP are to followed. The district SLP supervisor or special ed director need to get involved with the principal to resolve this.

Deborah

I have a similar question. My son is in Special Ed. He is in first grade, and has pull-out or resource class 3 times a week. At the 1st parent teacher conference we found out that his general ed and P.E. teacher both gave him failing grades because he missed assignments/class from when he was in pull-out.
Why are they not just grading him on the assignments he did? Is this legal? Why are they punishing him for his IEP accommodations? What can we do?
I have requested another IEP meeting this morning.

Sophie

There may be a FERPA violation here, if the teacher said these things in front of other students.

I’m sorry I don’t have any more specific information for you about your main question; but I would encourage you to contact your state education department’s special ed unit.