The following information is being provided as a follow up to our members as a result of the recent feedback we received during the statewide listening tour, first quarter school visits, Institute Week, and the Special Education Committee Survey Results.The HSTA Special Education Committee
The HSTA has five (5) members that serve on the Special Education Committee. The SpEd Committee is a joint committee with the DOE that is tasked with “fact-finding and problem–solving operational and working conditions” (Article VI, HH). The committee held the first meeting of the school year on October 30th. The committee is actively discussing and working on the following areas related to Special Education.
- Recruitment and Retention of Licensed SpEd Teachers
- Supports needed for SpEd Teachers
- Options to create more time within the work day for IEP-Related Tasks
If you have specific questions related to the work of the SpEd Committee, please email the HSTA staff liaison Ray Camacho at rcamacho@hsta.org.He can pass on your feedback and questions to the HSTA SpEd Committee members.
Know Your Rights – Special Education
It is clear that a serious shortage of qualified special education teachers, bell schedule changes, and budget cuts have had seriously impacted the ability to effectively support our special education students. The HSTA continues to pursue ways to support the rights of teachers working with special education students, including but not limited to contract enforcement, negotiations,and legislative priorities.
One of the most time consuming parts of working with special education students is not the instruction itself but the compliance paperwork and meetings. This burden is most difficult for the SpEd teachers themselves, but also affects the regular education teachers servicing those students.
We are discovering that in some cases administrators can be very creative and supportive in leveraging the limited resources of the school.However, in other cases we have schools that are clearly violating the collective bargaining agreement and making decisions based budget constraints rather than student need. As such, the HSTA would like to highlight two areas related to your rights and special education.
IEP Case Assignments, Substitution and Vacancies
An Individualized Educational Plan (IEP) is a written statement about the educational program for a child with a disability. It serves as a management tool used to ensure that the child receives the needed special education and related services. It also serves as an evaluation device when used to determine the extent of the child's progress toward accomplishing projected goals. Generally one teacher is assigned to monitor and manage the IEP for a given student. Within a given school the IEP cases should be distributed among the various SpEd teachers in an equitable manner based on categories such as grade level, type of disability, or level of the case.
Recently it has been reported that a number of administrators have taken the case load from an absent teacher and or an emergency hire and given it to another teacher. This action is in violation of the collective bargaining agreement (CBA). The CBA or contract does NOT allow for one teacher to substitute for another (Article VI, N). The case load of one SpEd position should not be moved to another teacher as a result of vacancies and inability to fill a position with a licensed SpEd teacher. If this type of required “substituting” for another teacher is occurring teachers should contact their HSTA UniServ Director for further assistance.
Time Related to the Individualized Educational Plan (IEP) Process
Time for the Individualized Educational Plan (IEP) process, including meetings and other related preparation tasks, should be handled in the following manner:
- The administration should utilize the bell and master schedule to identify and provide time for teachers within the 7 hour work day to complete such tasks.
- The administration can also consider hiring of substitute teachers to provide coverage and relief for teachers during the workday to attend IEP meetings.
- Teachers should also be released wherever possible during non-instructional time, before the end of the school day, when assuming assigned duties which require activity after the work day (i.e. for an IEP meeting).
- Wherever possible, relief should also be provided from non-professional duties such as yard duty.
- The administration may also provide up to 10 (1) early release days for participation in the IEP process (Article VI, HH).
Although each school handles the IEP process differently, teachers should actively ask that time be provided during the workday, via the above options. If the principal is not utilizing the above options, the HSTA Association Policy Committee (APC) should place this topic on the agenda for discussions with the principal. If teachers are being required, mandated, and/or directed to perform specific IEP related tasks outside of the scheduled workday there may be grounds for a grievance. Each situation is different and teachers should consult their HSTA UniServ Director for further assistance.
Special Note: Each school has an Academic and Financial Plan. This plan plays a critical role in determining how resources are allocated and prioritized. Teachers should pay close attention to the academic and financial plan process as it has a great impact on the way the school utilizes resources related to SpEd. Teachers have specific rights under the contract to have a say in the school budget. If a school has more questions, the schools HSTA Association Policy Committee (APC) should contact their respective UniServ Director for additional information and guidance.
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