middle schooler with IEP - teacher refuses to follow extended time accomodation

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Extended time is different than extended deadlines. Extended time refers to timed, in-class assignments. If this writing assignment took place entirely during class periods, then an extended time accommodation applies (e.g, five 45 minute sessions would be 7.5 45 minute sessions). However, if this was a homework assignment with a due date, the relevant accommodation would be extended deadlines (e.g., 2 weeks would be three weeks).

Was this writing assignment in or out of class?

This is what I’m wondering, as well. My kid receives extended time on timed assignments. She doesn’t receive extended deadlines on work that is done outside of class. I’m not even sure I’d want her to have that since it would encourage procrastination.

+2 Applying extended time to assignment deadlines is considered settled doctrine here on the SN Forum, but for students with ADHD, there are risks (that many here don't like talking about).

The risk is for the student and parent to manage, not the teacher. It is settled doctrine that the school staff must comply with the IEP as written - extra time is for all assignments and thus must impact deadlines. If the student or parent wants the assignment done before the deadline, that is their choice.

PP's concern was procrastination. For students with ADHD this is a valid concern. I agree the student and parent can bear much of the risk, but I disagree the teacher has no role to play. For any IEP that grants extended deadlines, school-based EF supports can and should be added to the supplementary aids, services, program modifications and supports. If you disagree with me or have research to show otherwise, I'd love to hear why.

I did not say that the teacher has no role to play in supporting completion of assignments. I said the teacher has no role to play in changing an accommodation that has already been put on an IEP plan by an IEP team. Legally, the teacher has no other choice but to comply with the IEP. Now, if the teacher thinks that some other accommodation or support would be more effective, she is free to call an IEP team meeting, have a discussion about it and try to get the IEP changed to reflect different or additional supports. But, the teacher *cannot* decide not to comply with the IEP, even if she believes she knows best.

For those that describe my suggestion to reach outside the school to special education supervisory staff as "retaliatory." It is not retaliation to insist that a legal obligation must be met or to describe the potential consequences for failure to meet a legal obligation. Disability rights are civil rights.

What is the very definition of "retaliation" is a teacher that grades more harshly because she has been asked to come into legal compliance with the IEP. That kind of retaliation is legally actionable and can incur treble damages in a civil rights suit.

Every halfway professional special education supervisor is aware of the legal consequences of non-compliance, and has a professional duty to avoid them by appropriately re-training, guiding, supporting or otherwise managing subordinate personnel.