AIBU to have told DS he can ignore teacher on this one?

[OverExpectantParent]

DS is Yr6, has SN and a 1:1TA 6 lessons a week.
After reluctance to go to school, he finally said why. Yr3 teacher is ill and his TA is covering for her. He has been told he will have to go into the Yr3 classroom for his maths lesson today.

I told him he didn't have to, he could ask to do his work in the corridor or stay in his classroom. That I will back him on refusing to go into the Yr 3 classroom, but he must do his work. He's worried the Yr 3's will laugh at him and ask why he's there 🙁
AIBU to have told him that?

How can it be too late to call the school? Are you saying they don’t take calls after opening hours? Or you can’t leave a message?

clearly you’re being unreasonable as if you didn’t like the proposal it’s unacceptable to make your son responsible and you the back up if he’s in the shit. You should have called the school and dealt with it, even if it was just leaving an urgent message.

They should have procedures in place that don't involve breaking the law. For example, using a TA who is not funded under an EHCP that specifies 1:1 support, or contacting a supply agency. What would they have done, for instance, if OP's son's TA hadn't been conveniently available?

Schools can't magically produce a supply teacher at a minute's notice.

The likely scenario is that the year 3 teacher is ill and calls in sick at 8.30 am. Lessons start at 9.00. There is a TA available to replace the year 3 teacher. It's highly unlikely that the school can arrange a supply teacher with half an hour's notice, so they use the TA to cover.

If a child misses his 1 to 1 with the TA, then that's collateral damage. The school has to prioritize the needs of the whole class over an individual pupil. Things can't always be managed to suit a particular parent's wishes.

As for 'breaking the law,' I can't imagine any action being taken over a headteacher trying to make sure a class has someone taking a lesson. It would be equally against the law to leave a class of children unsupervised, while a TA devotes time to one pupil.

You shouldn't have told your son to refuse, you shoudl have talked to the school yourself. You are not putting him in a good position, and are making him fight battles that are for you to fight.

I don't agree it's fair to make him sit with Y3 though. But you should be addressing it, not him.

It’s an inappropriate solution that disadvantages an already disadvantaged child.

If he is still getting the 6 hours 1-1 over the course of the week in the way outlined it’s not necessarily in breech on the ehcp. Depends what is stated in section F.

either way I think you have risked making the situation worse and muddying waters for him. I would have (and have in the past with my Ds) gone into school when going back from the appointment and asked to see someone to discuss things. It may not always be the most ideal person at that point but it shows him your helping and school are aware of the issue.

I would think that it means they are short staffed and without adequate supervision for th year 3 class.

You should have either phoned the school or gone in with him in order to query what was happening, and how his 1:1 would be managed. You certainly shouldn't have encouraged him to disregard and instruction.

Supervision in schools is rarely straightforward if a staff member has to phone in sick at 8.30am. Especially in the early years of primary school where the required ratio of staff to children is higher. The headteacher can be between a rock and a hard place, having to work with what they have got even if it isn't ideal. They cannot just magic up a supply teacher at a moment's notice. That can take time.

I really feel for your son and I agree that, as he isn't disruptive, he should be able to get on with his work in his normal classroom. If it's work he can't do without his usual extra support, then (as you said) he could just quietly read a book.

I can also see why you want him to learn to advocate for himself, but I think perhaps you've approached it in the wrong way by telling him to 'refuse' and 'ignore' his teachers. Personally I would have called the school or sent him with note from you explaining your request. At the very least, I think you should have made sure he could explain to the teacher exactly why he didn't feel comfortable being sent to the Y3 class (given that he was reluctant to tell you, I can't imagine he'll voluntarily tell his teacher without being pushed) and also that he was going to explain that he had discussed it with you and that you were happy to take a phone call about it if necessary.

It sounds like the school have come up with a completely inappropriate solution to a staffing problem. I would get on the phone and raise it with the head. This is not what inclusion is.

@Droopinloopin
are you a teacher?

It’s very interesting to read some of these replies. The school is breaking the law, his ehcp isn’t some nice extra which the school provides when it suits, it’s a legal requirement. Your son is also being treated less favourably as a result of his disability, which is also breaking the law. If the other year 6 students aren’t being put into a year 3 class then he shouldn’t be either. I recommend contacting one of the advocacy groups and perhaps posting in the special needs section.

He could stay with yr6 for this one off occasion. The school should not be using his TA time as a back up solution for staffing problems. Acceptable for a one off emergency but not for more.

OP complain to the school and the LA.

If a child misses his 1 to 1 with the TA, then that's collateral damage. The school has to prioritize the needs of the whole class over an individual pupil. Things can't always be managed to suit a particular parent's wishes.

Provision in EHCPs isn’t a parental wish! It is provision set out in a legal document that is deemed necessary, and must be provided.
 Pupils don’t get 1:1 unless it is necessary. They don’t get it just because a parents wants and asks for it.

As for 'breaking the law,' I can't imagine any action being taken over a headteacher trying to make sure a class has someone taking a lesson. It would be equally against the law to leave a class of children unsupervised, while a TA devotes time to one pupil.

If the 1:1 is specified and quantified in the EHCP, including the specific lessons the 1:1 should be used for, the school are acting unlawfully, the other class is irrelevant. Schools that fail to provide the provision in EHCPs leave a) the LA open to judicial review (as it is the LA responsible for ensuring the provision is provided), and b) the school open to a disability discrimination case.

I'm not sure you handked it right but too late now. However you should have - and still could - call the school to discuss his 1:1 teaching a class rather than working 1:1 with him as per his ehcp.

I'm a retired teacher.

Jesus wept

Maybe it's overtime, and he will be having his hours at a time when this staff member is not needed for the other class.You are making a lot of assumptions , and, very importantly, you do not run the school and get to dictate how they organise his 1:1 time

This is what needs to be communicated and I doubt that a year 6 with SEN can articulate it.

I’ve often had a conversation with the school first so that when ds advocates for himself, the ground has been laid for them to listen.

The child has a 1:1 for six lessons per week, not full time
Imagine someone advising op to complain to the LA because one of those lessons was changed in response to an emergency staffing issue...
I wouldn't be a teacher for any money.

'The other class is irrelevant'

So you would suggest that the other class is left to its own devices so that one pupil can have his 1to 1 provision?

Don't forget, this is not a permanent situation, it's a one off because of the year 3 teacher's illness.

Also 'advocating for himself' will be viewed as cheekiness, disobedience and backchat, and result in the staff tearing him a new one

I didn’t say the 1:1 was full time, but if the 1:1 is specified and quantified for 6 specific lessons then yes the OP should complain to the LA as it is the LA who are ultimately responsible for ensuring the provision in EHCPs is provided, and if necessary it would be against the LA any judicial review action was taken.

Can you explain exactly what you mean by that? I was a highly regarded teacher, in both the state and private sectors, for over 30 years. I still keep in touch with many of my former pupils and their parents.

There will always be teacher bashing threads on here, I've come to accept it.

The school should not be using his TA time as a back up solution for staffing problems. Acceptable for a one off emergency but not for more.

I agree with this and I know it's not always easy to find cover so it wouldn't bother me as a one off. However, I don't think DS should be made to deal with the embarrassment of going in with the Yr 3's. I doubt he will get his lesson "back".

Couldn't you have called the Head or the Senco?
Head's not around on a Thursday and Senco teaches.

YANBU to be unhappy that they were co-opting his 1:1 and putting him in a position that wasn't conducive to supporting him. But YABU to ask him to advocate for himself.
If class teachers aren't available then you speak to the HT or the deputy HT or SENCO or HOY or the main office. You could also have emailed.
Teachers don't automatically assume that DCs are telling the truth when they say a parent has told them to do - or not do - something.

So you would suggest that the other class is left to its own devices so that one pupil can have his 1to 1 provision?

@Droopinloopin I didn’t say that, did I? But the school should not be using 1:1 specified and quantified in EHCPs to cover classes. The other class is irrelevant to whether the OP’s DC should receive the provision set out in a legal document.