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Special class without teacher! Is this legal ?

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Mmm777
LIF Infant

Member since 2/13

329 total posts

Name:

Special class without teacher! Is this legal ?

My teacher is away on Maternity

Can you have a class without teacher and only with aides ? Is that legal?

2) what additional training does the teaching assistant have. How can I verify the person is actually a teaching assistant and not an aide ?


Have emailed everyone in school district
Really unhappy

Message edited 1/30/2020 9:47:22 PM.

Posted 1/30/20 12:28 PM
 

MrsT809
LIF Adult

Member since 9/09

12167 total posts

Name:

Special class without teacher! Is this legal ?

It can be difficult to fill these positions and I don't think there's anything illegal about paying an assistant to sub. It could be that they advertised the position but didn't find an appropriate candidate. When I was in college I subbed for boces as an aide/ assistant. 95% of the time I was subbing as a TA it was actually the teacher who was out and the TA subbed for the teacher and I subbed for the TA. They preferred that since the TA already knows the kids and the classroom routine so it was easier for everyone, the kids included. They could still be looking for a leave replacement and having the TA sub in the meantime.

Posted 1/30/20 12:58 PM
 

LSP2005
Bunny kisses are so cute!

Member since 5/05

19453 total posts

Name:
L

Re: Special class without teacher! Is this legal ?

Short answer, no, long answer in link

Posted 1/30/20 4:58 PM
 

Mmm777
LIF Infant

Member since 2/13

329 total posts

Name:

Special class without teacher! Is this legal ?

Thank you
Yes they are saying it’s been difficult to find the teacher
My issue is they did not communicate at all with any of the families and it’s 3 months for the teacher to maybe come back ..

We didn’t even know the teacher was away , and no one told us they couldn’t get a teacher
We only found out today
Class is only 4 kids but with 1 teacher, I teaching assistant and one aid. All mostly non verbal kids
Really stressing me out now.

I think if they can’t staff they should move them to bosces

Message edited 1/30/2020 9:47:06 PM.

Posted 1/30/20 9:32 PM
 

PitterPatter11
Baby Boy is Here!

Member since 5/11

7609 total posts

Name:
Momma <3

Re: Special class without teacher! Is this legal ?

Posted by MrsT809

It can be difficult to fill these positions and I don't think there's anything illegal about paying an assistant to sub. It could be that they advertised the position but didn't find an appropriate candidate. When I was in college I subbed for boces as an aide/ assistant. 95% of the time I was subbing as a TA it was actually the teacher who was out and the TA subbed for the teacher and I subbed for the TA. They preferred that since the TA already knows the kids and the classroom routine so it was easier for everyone, the kids included. They could still be looking for a leave replacement and having the TA sub in the meantime.



This. I work in a district and we have difficulty filling leaves (maternity, medical, etc). In my area, there is definitely a teacher shortage so most of the time they find a sub who may or may not be certified in that given area. They most likely have a sub for the teacher, but the TA is carrying out the daily lessons. Honestly, that is probably better as the TA most likely has a relationship with the students and has been doing it for a long time. In this scenario, the sub would be acting in a capacity as a TA.

Posted 1/31/20 7:56 AM
 

LSP2005
Bunny kisses are so cute!

Member since 5/05

19453 total posts

Name:
L

Re: Special class without teacher! Is this legal ?

The four parents need to band together and hire an attorney to demand the kids get moved to bosses if the school will not voluntarily move them. As for a meeting today.

Posted 1/31/20 9:30 AM
 

KarenK122
The Journey is the Destination

Member since 5/05

4429 total posts

Name:
Karen

Special class without teacher! Is this legal ?

No it is not legal. Contact the special education state department. Ask if the TA has a teaching degree. All of our TAs are certified teacher so they technically could take over a class if need be.

Posted 2/2/20 10:11 PM
 

Mmm777
LIF Infant

Member since 2/13

329 total posts

Name:

Special class without teacher! Is this legal ?

Updating
Per NY state anyone can substitute as teacher for 40 days, literally anyone without a teaching certification
But if it exceeds 40 days then they are in violation
My district did end up hiring a young person with a teaching certification as substitute teacher, but she is very young without experience

Posted 2/15/20 5:01 PM
 

KarenK122
The Journey is the Destination

Member since 5/05

4429 total posts

Name:
Karen

Special class without teacher! Is this legal ?

That stinks. I would pull out your IEP and make sure they are following every single thing in it. Special Ed classes are always tossed to the side thinking parents won't notice but hold them accountable!! I would also send a nice letter to your BOE stating that even if that is the law, the district should be looking out for the welfare of the children and what is best for them.

Posted 2/15/20 7:10 PM
 
 

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