Do’s and Don’ts for Teacher-Advocates
By Robert K. Crabtree, Esq.

Teachers are expected to know their students; to collect and organize data; and to communicate with parents and professionals about each student’s needs. Caring teachers who perform these tasks with integrity, objectivity, and respect will not only teach well but also advocate effectively for students without risking their job.

I asked several excellent teachers and consultants to suggest do’s and don’ts for teachers who want to act in students’ best interests amidst the pressures of underfunded school systems, defensive administrators, and parents who worry their students are not receiving all the services they need. Their suggestions appear below.

1) Always maintain a professional demeanor, even when provoked by an administrator, parent or child. In the winter 2011 issue of Newsline (Federation for Children with Special Needs), I noted that even if a teacher believes he was dismissed for an invalid reason, such as advocating for a student with special needs, if the district can claim a permissible reason for the dismissal the teacher loses. As one teacher stated: “passion yes; emotion no.”

2) Know your student.
a. Read the student’s IEP. (Federal regulations indicate: “The child’s IEP [must be] accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation.” 34 C.F.R. s 300.323(d).)
b. Educate yourself about the student’s disability-related needs and effective ways to address them. IDEA requires the use of teaching approaches that are, to the extent practicable, based on peer-reviewed research.
c. Monitor the student’s social/emotional/behavioral performance, which is one component of effective progress under Massachusetts’ special education regulations. Early services for students with such needs can be critical. Also, MA anti-bullying laws require IEP Teams to address the needs of students who are vulnerable to bullying because of their disabilities.
d. Don’t try to diagnose a student yourself. Seek evaluations whenever a serious question arises. Don’t proclaim, for example, that a child has ADHD; instead, keep objective records of distracting or distracted behavior and refer the student for evaluation.

3) DOCUMENT!
Keep a journal of meetings–who participated, what was said, what was agreed. Note that a teacher’s personal notes are not “student records” which can be obtained on parental request (603 CMR 23.04), but they may be discoverable during litigation.
a. Be objective; avoid inflammatory comments in your notes. Write honest progress reports; don’t bend facts or ignore problems, regardless of pressure from administrators or a wish to sugar-coat the truth.
b. List the key areas of a student’s performance and use objective data to record progress. Keep a portfolio of dated work samples and, if relevant, examples of behavior and social skill development. This type of approach, which a “Response to Intervention (RTI)” protocol requires for certain literacy skills, could document many areas of a student’s performance.

4) Teach by the book!
Don’t modify a student’s assignments or your assessments of his work unless it’s stated on the IEP. Reducing workloads or giving unearned grades merely masks the effects of a disability and may deny the student the help he needs.

5) Communicate directly and honestly.
Describe what you see. Avoid broad opinions. Be specific about objectively verifiable behaviors: “Suzy listens well during oral reading of a story, but only completes independent work successfully 1-2 times per week,” rather than, “Suzy’s not literate.”
a. If the time of day or day of the week significantly affects the student’s performance, record it. With experience, as an educator you can and should state your opinions regarding what approaches seem to work. (Stay current in the field and look for peer-reviewed research-based approaches, as IDEA requires.)
b. With parents, be direct and factual. Solicit information about the student’s homework completion and behavior at home. Don’t give parents any reason to distrust you.
c. No comment is really “off the record.” If you say that a student needs more services than she can receive within the school district, assume that you will be quoted, even if the parent would like to protect you. When a dispute is brewing, state your opinions clearly to school administrators and attorneys. The attorney needs to assess the case based on the testimony of key witnesses like teachers.
d. Don’t surprise your Team Chairperson with your opinions and facts at a Team meeting; let her know in advance and, perhaps, invite her to observe the student.
e. Don’t withhold a recommendation because you think that the district lacks resources. Cost is not a permissible consideration under IDEA; rather, the Team must determine what a student needs to make meaningful progress.

6) Team up with similarly minded professionals.
Share information about a student with your colleagues and join in building a record that will make a difference. A district is far more likely to provide services when a group of professionals speaks as one than when a single teacher speaks alone.

7) When working with administrators assume a common goal – the best interests of the student.
If you meet resistance, remain courteous and document your conversations. If an administrator admonishes you for advocating services, you might ask him to write a note for your personnel file to assist with your professional development. You will likely never see any such note and that will be the end of the discussion.

8) Be understanding about anxious parents!
Realize that they may distrust the school because of prior interactions with administrators and may not understand that teachers can be their greatest allies in support of their child.

Finally, keep faith with your highest professional goals and with the kids. With a little luck, you will make a huge difference for the students who most need you!

Bob Crabtree is a former founding partner at Kotin, Crabtree, and Strong, LLP, a general practice law firm in Boston, MA. He concentrated in special education and disability law.