The law is the law. Politely document the failure to provide 504 accommodations, and that your DD could hear private conversations while working on the test (if there was something inappropriate, I would restate it in the letter.) This isn’t about you being difficult or their staffing issues. The law is the law and they are legally obligated to sort out staffing issues in order to comply with the law. I have had to ask higher level, special education, supervisory personnel outside my child’s school building to “provide the necessary resources, and training“ to ensure “the school complies with its legal obligation under section 504“ and that I “look forward to resolving this issue without having to resort to do process“. Issues have always been corrected the very next day when I write the associate superintendent special education about violations of a 504 plan. Of course, I would never reach out to problem solve at that level before first going directly to the teacher, then raising the issue to the principal, if there are repeated violations. Only on the third strike do I go outside the building. To be honest, I’d rather not have to do this. But after two kids and over a decade of experience with 504’s or IEP’s, I’ve come to the conclusion that it’s better for everyone that failures to comply with 504 or IEP accommodations be nipped in the bud. |
There is a big difference between some noise from fidgety kids and what OP described. What OP describes is a violation of test security and would lead to the AP being fired if reported to OSSE, as phone use is 100% disallowed. |
| My kid’s quiet space accommodation was the hall. We were never able to get anything better. Special Ed is certainly special. |
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HS teacher gen ed here and we have an alternative small group testing room in my school. It is definitely not quieter than the regular classroom. There are students coming and going from all classes all period and lots of distractions in that room because it’s the only spot to provide that accommodation and one person staffing it. I’m very up front with parents and students about that.
Teachers don’t have their own classrooms. We often don’t have place for meetings. Space is at a premium. There isn’t space anywhere. You can’t create rooms that don’t exist. |
It’s actually not that easy. I’m an ESOL teacher in a Title I school. Many non-classroom teachers (ESOL, sped, intervention) share offices with 2-6 others. Which means it’s not easy to just displace an office for a quiet testing room because non classroom teachers are often pulling groups from other grades into that room at the testing time. There is a spare classroom in the building, but it gets used for rotating reading intervention groups. We have used the admin’s offices, and for some tests they can’t be in there, but in others they can so if they have to work they come in. As for the small quiet groups, it’s different when you have a fidgety kid tapping the desk and when you have a kid who reads each question out loud (even when whispering) or when they are in any way defiant. Trust me that we would LOVE to give every student a quiet space for testing. And like a pp said, that is often (ironically) in the general classroom. |
| My 6th grader has had this accommodation for a few years for learning disabilities. It is mostly similar to what you describe where there are still other kids with her that also have that accommodation. There aren’t really any extra rooms at her school so I don’t think she’s ever really alone. The other day though she came home and said , “My math teacher put me in the closet.” And she told me she took her test in there. At least they tried, I guess. |
This is the unfortunate truth. As you know, many IEP meetings are virtual and it’s becoming increasingly hard for me, as a teacher, to find a quiet and confidential place to sign on for the meeting. We don’t have places to go since we share spaces on our planning period and they might be used. We can’t sign onto a meeting and talk about a meeting in front of other students. We can’t always use a principal’s office if they need it. I brought this up to CO and HR recently and was told to bring it up with my principal. This is why ensuring an extra quiet testing location isn’t possible. We also sometimes use the hallway. It’s worse than the room. |
| The irony is, once they pull out all the kids who get pulled out for testing, the classroom IS quiet. |
This is true! |
Yes. My kid took an important exam with one kid with Tourette’s yelping and another with anxiety sobbing. I asked if he could take the next one in the normal room. It’s less distracting. |
+2 the main room is quieter, but a student entitled to extra time still needs a place to go after the main room has finished testing, so they'll run into the noise problem while they complete the end of the test. |