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In a pre-school setting with students from 3-5 years of age,where you have special needs students and "typical students" , Do the rights of a child stop when they infringe upon another childs/many other childrens rights to the same education.

Just a for instance your special needs child is in a classroom with 10 or more students (both special needs and typical), you have another parent who thinks their special needs child is entitled to what they want the student to have even if it is negatively effecting the ability of all the other students in the class to include your special needs child to learn and get the education they are entitled too. Where do his rights end and the rights of the other students and your special needs student take precedents?

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Asked by Anonymous at 9:57 PM on Dec. 5, 2008 in Preschoolers (3-4)

Answers (8)
  • I don't think it's fair if it's inferring with another person trying to learn as well. If that is the case maybe look into a preschool that handles children with special needs so they are getting what they deserve too.


    Answer by Anonymous at 10:13 PM on Dec. 5, 2008

  • I think it depends on whether what the parent is asking for is reasonable or not. If they are asking for something reasonable, that any parent would expect, and it's negatively affecting others, then that would sound like a problem with the teacher that would need to be resolved. If the parent is asking for something unreasonable, or above and beyond what other parents would expect, then it's not fair.

    Answer by tropicalmama at 8:13 AM on Dec. 6, 2008

  • I am a teacher (obviously from my name), and I don't quite know the answer to this one. I have dealt with children who had major issues, but were not yet labeled special needs because the process in my school district is so slow. It frustrates me when one child can disrupt an entire learning environment, and no one is held accountable--that child, the parents or other school staff. I am having a hard time this year again with one who can do whatever she wants (she is probably emotionally impaired) and the other typically developing kids have their education infringed upon. Since all the kids have rights--whose come first? Document everything, start your evaluation process, and look into alternative settings if possible. I am not always an advocate of mainstreaming, and I know that inclusion and the least restrictive environment are what is big now. They are fine if it does not impede others in a major way.


    Answer by Teachermom01 at 8:41 AM on Dec. 6, 2008

  • I also want to add that school districts are so afraid of losing students which means losing funding, they seem ignore behaviors a lot from all types of kids that should have consequences. I understand some kids have issues where they aren't responsible for their actions,but then, IMO, they should not always be in a regular education class. This is such a hot topic.


    Answer by Teachermom01 at 8:44 AM on Dec. 6, 2008

  • Interesting question. And hard. There is no good answer. I used to work at schools as a mental health therapist. Parents have the right to advocate for their children and school is legally obligated to provide a minimally adequate learning environment. That could be interpreted many different ways depending on who is doing the interpreting - the parent, the teacher, the administrators, the student, ect... The more informed the parent is on IDEA, IEP process, and 504 process then the more chance that the student will have better related services and have more of a chance at meeting their educational needs. cont...

    Answer by frogdawg at 10:34 PM on Dec. 6, 2008

  • cont...But there are so many variables as well. Will the teacher follow through on the IEP. Sometimes yes and sometimes no. Will the teacher understand the complexity of the student's situation. A teacher is not a doctor, therapist, lawyer, law enforcement officer, ect... and yet sometimes parent's expect them to be all those things. For example: a child living with bipolar disorder has a lot of complicated medical issues that directly impact their abiity to learn and participate. But a teacher is most likely not up to date on all the ins and outs nor about medications and side effects. So how can we expect, fairly, for a teacher to understand rape, mental illness, trauma, grief... and make sure each student, all 30 of them, have the individual attention they need? Then what about all the other kids in that room? I guess there is absoultely no answer because it is a catch 22.

    Answer by frogdawg at 10:38 PM on Dec. 6, 2008

  • My special needs child (RAD) so, not your typical "need" was infringing on other children's educations so, he was finally moved to special ed where they could better assist him. If it is a need that takes up most of the teacher time and attention then the SN child needs to be put in a classroom that will better suit his/her needs. If your child is the SN child then you need to get more involved in getting what is best for your child. If your child is not the SN child then there is nothing you can do until the parents or teachers do something about it and hope it is soon.

    Answer by matthewscandi at 6:45 PM on Dec. 7, 2008

  • My DD had a downs child being "main streamed" in the general classroom. She was a sweet girl but very disruptive. We had several class meetings as we lived in a small town and did not want the child feeling unwanted because of her special needs. But eventually a staff member was required at all times and of course she could not keep eventually they removed her and concentrated on what needed to skills not reading and writing at a level that only set her up for failure. This is such a hard situation. Every child deserves love and respect and every child CAN learn. But there is a fine line between what the special child needs and the expense of the otherw who have the same rights.

    Answer by salexander at 11:32 AM on Dec. 8, 2008

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