Switching Teachers, What Are My Rights?

Updated on October 22, 2010
C.C. asks from Apex, NC
13 answers

My 9 yr old daughter has a teacher that is just not working out. How do I go about switching teachers? What are my rights? If the principal doesn't cooperate then what? Any advice would be helpful! Thank you. Corinna
*My question is vague, sorry about that. What I mean by not working out is a lot of things I suppose...Before 4th grade started another mom told me that my daughters soon to be 4th grade teacher was very strict and tough. Hearing that made me feel a knot in my stomach. So I asked the principal if she could be switched to a different teacher before 4th grade even started. All she said was NO. No questions or discussion, just NO. So we let it go and gave her teacher a chance. My instincts are correct, she's not a good fit for my daughter in the slightest. My daughter has a focusing problem and I'm certain she has ADHD or ADD which my husband and I are trying to work on right now. We tried some gummy fishes in hoping the fish oil in them would help her focus. They taste bad so she doesn't like taking them. I don't want to put her on meds but I think we may have to. Including her current teacher she has had 3 teachers that are so strict, yell at her, threaten her and intimidate her to the point where she just disconnects. She'll sit there, not ask questions and basically fall behind and her grades suffer for it too. We just finished first quarter and will track back in on Monday. She doesn't want to go back to school because she's worried she'll keep messing up and then get yelled at for it. It's not her fault that she can't focus and that she keeps missing simple directions. I feel horrible especially when she tells me, mom, I just want to control myself. And her teacher is one of those that should probably just retire. She's making things worse by yelling at her. So a lot of you say that I should try to work it out with the teacher. How do I say to the teacher that I don't like the way she yells at my daughter? What if she takes it out on her after I discuss my concerns to her? And believe me I can pretty much say anything to a teacher, I've had practice with the other 2 that were horrible. My tolerance is running short and I feel like a failure because I can't decide if I should just put her on meds or try some other alternative. Thank you all for the advice so far. I also fear that if I go in person to talk with the principal I'll just end up in tears.

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K.L.

answers from Madison on

You should really ask to set up a meeting with the teacher and the principal. If you have already talked with the teacher, then set up the meeting through the office. If you haven't talked with the teacher, ask him/her to set up a meeting. As a teacher, I want the parents to try and talk with me first. Then if they feel I haven't addressed thier concerns, I would expect them to go to my principal and ask for a meeting.

4 moms found this helpful

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S.T.

answers from Washington DC on

schools aren't grocery stores. they don't have shelves of teachers you can pick from because one 'just isn't working out.' you do have rights, but they don't include impossible demands.
my younger had a she-bear in 2nd grade. there were tense moments for us both in the principal's office which did result in some positive changes (she allowed him to sit close to the front so he could hear, despite documentation from the doctor she insisted he had 'selective hearing' and was just disobedient and should not be allowed to move etc) but it wasn't like there were a lot of choices. everyone wanted their child in the other 2nd grade classroom, but the numbers are what they are.
part of the reason there are so many problems getting great teachers is because teachers are bombarded with personality issues from parents and they're not permitted to just do their job, they're constantly getting hauled away from their jobs to micromanage each prince and princess's individual dramas.
be the adult here. work it out WITH the teacher as best you can, and help your daughter to adjust to the real-world fact that you don't always love the people you have to work with.
khairete
S.

7 moms found this helpful
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C.A.

answers from San Francisco on

Before you approach the school, please look up the education codes in your state. Then go talk to the teacher again (if you have already). Try to have her change things in her classroom first. This year my oldest son is in fifth grade. He has always turned assignments in on time. So I was shocked when he brought home an assignment with a 59 percent on it. Supposely she asked for the assignment and he did not hear her so she asked for it the next day and he received the highest grade possible for a late assignment. I did my homework and found out what the other teachers policies were for late work, its a k-8 school. I found that in the Jr. high, work late only was marked down 10%. So I went to her and pleaded my case. She changed her policy. But I remained cool, collected, and had a valid point that her policies should not be harsher than a higher grade.

Then, if the teacher does not improve things make a list of all the 'real' reasons you want her moved out of her current situation. Make sure that you have documented all the teacher's discrepancies. Have someone who is not close to you (but you trust their opinion read over your list) nick pick it.

Once, you are sure you have valid reasons (I am not saying you don't) then go to the principal. Make sure you are not confrontational. The saying that you get more with sugar is really spot on. Address your concerns, stay away from things that you can not prove and heresay.

Most likely they will not move her. Get mentally ready for that. Make a conscience effort to work with the teacher and get your child through the year. If they don't move her, it may be for the only reason that they don't have space in another classroom.

If the principal does not work with you, you can go to the school board. But, you really are going to have to have your ducks in order. This board 'ratifies' evey teacher that works there. They won't want to find out that one of their choices is less than steller and will want your criticisms to be serious. (She can bring a lawsuit against the school district).

The only thing that is important is making sure your daughter has a good productive year. It can be done even if the teacher is not fantastic. But your attitude and willingness to work through the situation will be what in the end makes the difference.

Good luck to you. It is never a good feeling to send a child off to a situation you don't like. As long as she is not getting physically or mentally hurt, perhaps the lesson that we often have to work with people we don't like or don't respect will keep you going. This is a valuable lesson.

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M.R.

answers from Columbus on

You have the right to ask.

You can make a case for moving her, but it is really up to the principal. You might be able to go over thier head to the superintendent, or the Board, but you would be best to get this accomplished at the campus level, and chances are that unless you can prove some kind of damage to your child that makes the Board fear that you could win a law suit, then they will agree with the principals decision because BOE's and superintendents are big picture, and steer clear of the small one when ever possible. The best course of action is to evaluate why you want to move her, make your case well at the campus level, and strategize on how to keep from alienating the principal and the teacher so that your chances are better for success. My suggestion would be to reframe how you present your case, and avoid the stance taht puts the teacher, and therefore the principal, on the defensive. Turn it around. It is not the teacher that is not working out, it is your daughter's learning style that is incompatable (or what ever the issue is.) While this may feel more awkward, it will get you in the door for a discussion, and in my experience, if principals and teachers have already sized up your agrument, have had it before, and tune you out, you are dead in the water anyway. If your presentation is different, and your focus is on your daughter, and not how bad the teacher is, then you may at least get in the door and have a chance.

I am guessing that this is 4th grade? I do not know what the issues are, but be ready for a pre-recorded message that says something like: "forth grade is a big jump in expetaction, and Mrs. Blank has a lot of experience getting children over this discomfort, even when they seem unhappy...I, we, have confidence that within a few weeks, if your daughter really applies herself, she will be much happier in this classroom, and either way, it is up to your daughter to do the work, and she will just have to get over being upset that it is hard..." The explanation may be a little different, but by and large, this will be it, and it will end with "if I moved every child who was not happy, that is all I would do all day long..."

You want your argument to be different, you want them to not be able to use the same old, same old rejection with you, and you want them to want to help you solve your issue.

Tread lightly, and schmooze, and know that every year will not be fabulous. There is something to be learned even if the teacher is not a gem, even if it is just how to survive being in a classroom situation that is not great.

M.

4 moms found this helpful
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J.M.

answers from Boston on

You're going to have to give more details. What does "just not working out" mean? If it's that they don't get along, I think you are going to have to live with it. You have the right to an education by a competent teacher, but you don't have any "right" to get the teacher that you want. Generally switching teachers is saved for something egregious. This is not because administrators are out to protect bad teachers (although that can happen) but because if everyone got to switch when they are unhappy there would be complete and total chaos.

My best advice to you would be to figure out a way that you can make the best of the relationship with the teacher. Have a meeting, include the principle. My guess is that if you go in fighting to get the class changed, you'll lose, and your daughter will lose in the process.

Good luck.

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K.S.

answers from Minneapolis on

It is not about rights. There is no right to pick a teacher. You can ask and you can document proven, non-emotional reasons...But they still do not have to comply. We had a bad year in 3rd grade last year. We knew it by October and we basically wrote her off by March and were just doubly committed to getting him thru it. Did we feel like we were doing her work for her? Yes. Did she hate her job? Yes. So it goes. Thanks goodness this year's teacher is a big improvement.

3 moms found this helpful
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S.B.

answers from Redding on

Well, you don't give a lot of details as to why you want to switch your daughter to a different teacher. Have you tried resolving your concerns in other ways? Have you documented your concerns and given the teacher a chance to work with you?
It can be very hard changing teachers given class sizes and the numbers of teachers available.
I think you should start with the teacher first to work on a game plan you are happy about and then go to the principal if that isn't satisfactory.

Best wishes.

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C.C.

answers from Springfield on

Schools almost never switch because then many others would want to switch. You can make an appointment with the principal and ask. It helps to have a list of reason written down(not enough structure, yelling intimidates child).
Perhaps a letter from a pediatrician talking about the stress it causes your child. If your principal says no, you can then go over her head to the superintendent.

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E.M.

answers from Louisville on

we did this this year also. start with the school councolor then the principal then if you have to, the school board

2 moms found this helpful

J.L.

answers from Clarksville on

I disagree. As a parent you are your child's advocate and she deserves a learning environment that meets her education needs. If there is a problem with the teacher and things are bad for your daughter then a talk with the teacher is in order. My son had a 3rd grade teacher that just wasn't open to hearing anything from my husband and me about our child. He was diagnosed with Asperger's the summer following his 3rd grade year. His teacher tried to cookie cutter him and never listened to suggestions from us. We weren't looking to make things easy for him, we wanted the same expectations for him as the other students but we wanted to teacher to recognize that he "learned differently". In talking with my son's resource teacher/case manager following the 3rd grade year we both agreed that a different placement would have been the best for our son. He learned nothing his 3rd grade year except what not to be like as a human being. Follow your instinct momma...talk to the teacher first to address the concerns, talk with the principal and they will accommodate your requests.

As a former teacher, I had one child that was very unruly. I didn't have the support of mom so anytime I sent notes home, she documented things and cried to the principal that I was picking on her son. I had documented events as well and eventually, our principal moved the child to a different classroom just to please mom. Unfortunately, my coworker had the same issues with the child and mom refused to support her as well.

Good luck,
J.

2 moms found this helpful
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M.T.

answers from New York on

Really only the principal can tell you what the procedure is in your daughter's school. Find out if it's simple to request a transfer, and listen to what the principal says or asks - be sure that the issue is with the teacher. If you are not satisfied, you can contact the superintendant of schools, but I would not assume that the principal will give you a hard time or not work with you - however, administration may want to look into the best way of resolving whatever issues that your daughter is having in school and whether changing teachers is really the best option for her and what exactly is meant by the teacher "not working out." Contact the principal and start from there, don't anticipate a negative outcome. Good luck

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D.B.

answers from Charlotte on

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1 mom found this helpful
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M.R.

answers from Chicago on

Set up an appointment with the teacher first. Have you even talked to him/her yet? Do you have both sides of the stories? If you go to the principal, the first question out of his/her mouth is going to be "Have you met with the teacher?".

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