Can we request a different Teacher of Record/Resource Teacher for our freshman in HS?

[Nicolemastro]

We live in Indiana.  This is the first time since our son got his IEP as a first grader that we have ever had a TOR who is incompetent.  She is forgetful, scattered, doesn't respond to all questions, concerns or emails and cannot come up with any ideas to help our ASD1/ADHD son.  Most of her attempts to get him to get work done in class is by telling him to do it.  Then she emails me saying that he "refuses" or "won't" or "ignores" her.  Previous TORs have then come up with strategies to help him with these as they are obvious ASD/ADHD issues. 

The principal apologized in a phone call with me (2 weeks after school began and I became very concerned with her abilities) that they didn't give her adequate "onboarding" and that is on them.  I have since discovered that she was hired the day before school began, having never worked in our district prior, but had worked in other districts.  My son has been in school now for nearly 3 months.  I have a ridiculous amount of emails to the school backing me up.   Also I have been the one coming up with strategies for her to try with him!  We also have a very large high school and more than one TOR for freshmen.  

Which leads to my question:  Can we request a different Teacher of Record/Resource Teacher for our freshman in HS?

Thanks!

[JSD24]

Which teacher being assigned to what student is an HR decision - the principal might be involved but it is on the employer to assign staff and he's the 'manager' for this employee.  If you feel that your child is not getting FAPE because of this teacher's lack of training, you do have a case for having a different teacher providing what on his IEP.  I know in my district, there are some teachers who have been trained in autism.  They are the ones who tend to have a caseload of mostly students with autism.  Autism is a disability that is difficult to understand without extensive training specific to the disability.

In your shoes, I would ask for your son to be transferred to another teacher.  Now go back to the 1st thing I wrote and the part you wrote about when this teacher was hired.  There is a teacher shortage and this is especially true with sp ed teachers.  There might not be another teacher with autism training.  The good autism teachers might already have a full caseload.  The answer might be no.  The other thing to ask for is teacher training in autism.  I've seen where that can help.  Not your role to suggest this, but I've seen where a new teacher gets assigned a mentor and that can help although she's not a new teacher - she did work in other districts.  (I'm wondering if her skillset prevented her from getting tenure in other districts.)  I'll also mention this because it's researched to work:  Ross Greene and Collaborative & Proactive Solutions.  It might be a way to get her up to speed on how to help your son.  https://forums.adayinourshoes.com/forums/topic/221-ross-greene-–-collaborative-proactive-solutions/#comment-834

[Lisa Lightner]

You can request, they are not obligated to  meet that request. Only to implement the IEP, that's their obligation.

Is My Teacher or Therapist IDEA Qualified? What if the teacher is not a good fit for my child?

[Dallas DOWN SYNDROME ADVOCATE, LLC]

I would set up an in person meeting with the principal ASAP and bring your documentation showing the teacher's incompetence. Remind the principal of your prior phone conversation with them and what their response was (ie no proper on-boarding). I would then say unfortunately successful onboarding has nothing to do with answering emails or having a competent knowledge base regarding what the teacher was hired to do. As a result you are professionally and respectfully asking they re-assign a different person better qualified to meet the needs of your son (and they can ABSOLUTELY do this-- I have done it several times over the years). In the meantime, I would begin -if you have not started already- copying the principal on everything you send the TOR. When you have to follow up, I would put in the subject line '2nd request', etc.. Make sure all of your emails have a reasonable date in which you expect a response so you can demonstrate compliance or not. Good luck-- I know how frustrating this can be. 

[driven_cosmos]

I'm not sure if a TOR is the same as the special education liaison where we are (the one who writes the IEP, tracks progress, etc).  If this is a special education staff member, you would probably be contacting the SPED director.  For a Gen Ed teacher it would probably be the principal.

I ultimately did the same thing that Dallas suggested:  once I had enough information to support the request, I reached out to the special education director and asked to be reassigned to another liaison, and that my son be placed with a resource teacher who would implement the instruction on the IEP (which left open the possibility that the same staff member could continue in the role as long as my son's needs were being met).  It's important to handle this tactfully by neutrally communicating your understanding of the situation, focusing on what your child's needs are.  

EX:  According to my son's IEP, X and Y should be happening during class.  My son reports that this is not happening, and it appears that A and B are happening as a result.  I have attempted to address these concerns by speaking with (describe your efforts to move up the ladder).  I would appreciate your help in reviewing these concerns, and if my understanding of this situation is accurate to please assign us to another staff member and/or provide additional training to ensure my child's needs are met.

I've successfully requested a change in staff, as well as additional training for staff using this approach.  Save it for what really matters most, for what is causing a clear adverse impact, and what has persisted despite multiple efforts to resolve.