Special Education Boss Controversy Explained: When Malicious Compliance Triumphs
Being a teacher is often an underrated, undervalued, and underappreciated profession. However, teachers are some of the most cunning people. If you mess with them, you might find yourself regretting it. This article explores a situation where a special education teacher used malicious compliance to address an issue with a new administrator's decision to cut their prep time.
The Prep Time Predicament
A Redditor known as u/Kazbob48, a former special education teacher and department chair, shared their experience on r/MaliciousCompliance. Special education teachers typically had two hours for preparations: one for paperwork, testing, and meetings, and another for academic preparation. The new administrator decided to "unify" aspects among teachers, cutting the special education teachers' prep time by one hour, disregarding the fact that they desperately needed that hour.
Malicious Compliance as a Solution
The original poster (OP) tried to confront the new admin about it, but to no avail. Special education teachers schedule Individual Education Plan (IEP) meetings as part of the hour that was cut. OP, as the Department Chair, directed the team to proceed as asked while devising a solution through malicious compliance. The plan was to formalize the lost hour as overtime.
The added bonus was having to request timesheets from the secretary, who disliked providing them because she knew the admin hated explaining the overtime to the district office. Despite the potential repercussions, OP proceeded. The administrator was legally required to attend these meetings, making it impossible to deny the overtime.
The Overtime Offensive
After submitting a timesheet with an extra 20 hours, the administrator confronted OP. OP explained the situation and suggested reinstating the extra hours to avoid the expensive overtime and the need to justify it to district officials.
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One week later, the hour was reinstated.
Online Support and Insights
People online supported OP, with some special education teachers providing context on the necessity of the extra hour. Even with eight students, creating eight individual education plans requires a lot of work.
Another special education teacher elaborated on the differences between special education teachers and regular teachers.
The Realities of Teaching
According to a survey by EdWeek Research Center, teachers work about 54 hours per week, with less than half spent directly teaching students. The average teacher salary in the US is $58,260. OP believes the school admin learned that it’s cheaper to hire an additional teacher so that the teachers have the time they need to do their jobs than to find out the efforts staff will engage in order to make it clear they are not cogs in a machine and do have lives outside of work.
OP concluded that there is a need for people to understand the amount of testing and paperwork that resource teachers have to complete in addition to their actual jobs as teachers.
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The Broader Issues in Special Education
The story highlights the frustrations and challenges faced by special education teachers. One person shared that they resigned because they were ordered to do something against special education law.
Legal Recourse for Teachers
Teachers are not as helpless as they used to be. Cases like Fales v. First and Pamella Settlegoode v. highlight the legal avenues available to teachers who feel trapped in oppressive work environments. Documenting concerns in writing is crucial for effective advocacy.
Disability Discrimination
Disability discrimination occurs when an employer treats a qualified employee unfavorably because of a disability. The Americans with Disabilities Act (ADA) and the Rehabilitation Act protect employees from discrimination in various aspects of employment.
A person has a disability if they have a physical or mental condition that substantially limits a major life activity, have a history of a disability, or are subject to an adverse employment action because of a physical or mental impairment.
Reasonable Accommodation and Undue Hardship
Employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship. Reasonable accommodations can help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.
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Limits on Questions and Confidentiality
The law places limits on employers when it comes to asking job applicants or employees to answer disability-related questions, take a medical exam, or identify a disability. Information obtained about employees’ disabilities must be treated as confidential.
Harassment, Retaliation, and Interference
It is illegal to harass an applicant or employee because of a disability. Job applicants and employees are protected from retaliation for asserting their rights under the ADA. The ADA also prohibits interference with an individual’s ADA rights.
Challenges in Identifying and Supporting Students with Special Needs
There are concerns about the adequacy of assessments conducted by school districts. Some argue that districts conduct "eligibility" assessments rather than "diagnostic" assessments, gathering only enough data to determine if a child is eligible for a program.
The Impact of Bureaucracy
Bureaucracies can create obstacles to providing appropriate services for disabled children. School districts may prioritize budget concerns over the needs of students, leading to inadequate support and resources.
The Importance of Individualized Education Plans (IEPs)
IEPs should be tailored to meet the unique needs of each student. However, some argue that the process is not individualized, and the team is required to write goals at grade level, and the whole plan is, in no way, individualized. The process is destined for failure.
The Need for Realistic Expectations
It is essential to have realistic expectations about what can be accomplished. Remediation may not always be possible, and the long-term consequences of a child who does not learn must be considered.
The Role of Private Practices
Private practices can play a crucial role in providing comprehensive assessments and support for students with special needs. They can offer a more controlled environment and individualized approach.
Understanding Learning Disabilities
Learning disabilities can manifest in various ways, and it is essential to understand the specific challenges faced by each student. Processing speed, memory, and executive functioning skills can all be affected.
Addressing Emotional Distress and Autism
School districts may struggle to evaluate autism and emotional distress effectively. A comprehensive assessment should consider sensory sensitivities, social development, and higher-order thinking skills.
The Importance of Early Intervention
Early intervention is critical for students with special needs. Identifying and addressing challenges early can significantly impact a child's development and academic success.
The Need for Collaboration
Collaboration between school districts, private professionals, and parents is essential for providing comprehensive support for students with special needs.
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