Threatened Detention

Many thanks for your input on this matter.  I have sent the article to my sons tutor (thank you Intenseworld) and have arranged a meeting for Monday to discuss ways forward.  I did learn today that despite my son having a statement that requires the school provide him with an LSA in his lessons, the school reallocated his history lsa to someone else without my knowledge and my son did not think to mention it.   I personally don't feel I should have to ask my son every day to find out if he has / has not had an lsa in his lessons, this should be a given.  Quite angry about this.

Just another way of viewing this or perhaps discussing it with your son.

I hate mindless worthless rituals or jobs and so does my son to a degree (who has aspergers). So I turn to strategy. Even if the homework is worthless the crux of the issue for the teacher is that there should be parity between all the students. So perhaps your son would accept that the homework was valuable in that it helps to back up the teacher in what he is trying to achieve in the classroom. Rememmber your son is likely to view the teacher as an "equal" and not a superiour. The thought of "helping" the teacher may actually spark a different responce.This of course does not allow for the "teenager effect" which I'm yet to experience with my sons.

I still use this approach at work when faced with work that seems pointless. There's usually some worthwhile objective even if it is just to convince your boss not to waste your time like that again.

Some snippets for you:

http://webarchive.nationalarchives.gov.uk/20130401151715/https://www.education.gov.uk/publications/eOrderingDownload/Behaviour%20and%20discipline%20in%20schools%20-%20A%20guide%20for%20head%20teachers%20and%20school%20staff.pdf

Punishing poor behaviour

What the law allows:

13. Teachers can discipline pupils whose conduct falls below the standard which could reasonably be expected of them. This means that if a pupil misbehaves, breaks a school rule or fails to follow a reasonable instruction the teacher can impose a punishment on that pupil.

14. To be lawful, the punishment (including detentions) must satisfy the following three conditions:

1) The decision to punish a pupil must be made by a paid member of school staff or a member of staff authorised by the head teacher;

2) The decision to punish the pupil and the punishment itself must be made on the school premises or while the pupil is under the charge of the member of staff; and

3) It must not breach any other legislation (for example in respect of disability, special educational needs, race and other equalities and human rights) and it must be reasonable in all the circumstances.

15. A punishment must be proportionate. In determining whether a punishment is reasonable, section 91 of the Education and Inspections Act 2006 says the penalty must be reasonable in all the circumstances and that account must be taken of the pupil’s age, any special educational needs or disability they may have, and any religious requirements affecting them.

Matters schools should consider when imposing detentions

26. Parental consent is not required for detentions.

27. As with any disciplinary penalty a member of staff must act reasonably, as described in paragraph 15 above, when imposing a detention.

28. With lunchtime detentions, staff should allow reasonable time for the pupil to eat, drink and use the toilet.

Detentions outside school hours

29. School staff should not issue a detention where they know that doing so would compromise a child's safety. When ensuring that a detention outside school hours is reasonable, staff issuing the detention should consider the following points:

 Whether the detention is likely to put the pupil at risk.

 Whether the pupil has known caring responsibilities which mean that the detention is unreasonable.

 Whether the parents ought to be informed of the detention. In many cases it will be necessary to do so, but this will depend on the circumstances. For instance, notice may not be necessary for a short after school detention where the pupil can get home safely.

 Whether suitable travel arrangements can be made by the parent for the pupil. It does not matter if making these arrangements is inconvenient for the parent.

Here's the Tony Attwood thing:

http://www.tonyattwood.com.au/index.php?option=com_content&view=article&id=76:should-children-with-autistic-spectrum-disorders-be-exempted-from-doing-homework&catid=45:archived-resource-papers&Itemid=181

Final para:

"If all these strategies are unsuccessful, what is the alternative? ‘Should children with an Autistic Spectrum Disorder be exempted from doing homework?’ If the strategies outlined in this article are unsuccessful or unable to be implemented, then my reply is ‘yes’. Sometimes this advice is to the great relief of the child, their parent and probably their teacher. You can quote me on this."

I can comment on this better in a university context which is probably reflected in school curricula.

Many people with Asperger's or HFA manifest this issue of not wanting to do what is required for assessment because they don't see the point. 

Unfortunately the learning outcomes for assessment often require demonstration of certain things being done, to give a fair assessment across all students. At present there is little leaway afforded on the grounds of disability - you can be supported to have an even chance to meet the learning outcomes, but not to be exempted.

A common illustration is in mathematics - where the correct answer is not sufficient - the assessors want to see the working process - rough work, method or approach explained, showing the candidate got there by technique not just by luck. In such situations hardly any marks go to the correct answer. There is a recurring problem of students manifesting autism refusing to do this and failing.

Mock papers for GCSEs and A Levels are crucial. Understanding the method required, and the approach to certain answers, and what is expected to get good marks needs practice. And this requirement is going to crop up at A Level and at University, performance in mock exams is crucial, even if the mark doesn't go into the final assessment.

Maybe one day they will change the criteria to accommodate cognitive difficulties. I have tried very hard to change the criteria for undergraduate dissertations to allow for autism and its a no win situation. The present requirement is for a student to fulfill all requisite parts. Which is difficult if the dissertation must be in succinct prose or set out in one specific way, and the student with aspergers cannot deliver coherent prose or set out the required way.

But I tend to doubt anyone who thinks they are that smart they can do the minimum they think necessary and ignore what doesn't interest them. Such people exist but are rare.

Having said that this is a widespread problem for people with autistism, not only in coursework towards exams but in the workplace, and it was a problem for me. There is a strong feeling as to why you have to do things the set way, or where you don't see the point - what is termed "jumping through hoops". It isn't easy, but as things stand the sooner you can dissuade him from this the better.

At the moment the road to qualifications is littered with people whose autism in effect prevented them completing the learning outcomes or curriculum requirements.

I'm no lawyer, but here is what I think.

A parent or legal guardian has legal responsibility for a child, ensuring they receive an education (whether at school or otherwise) is the responsibility of the parents.  This is a fact.

A teacher at my eldest's school recently told the class the school can legally keep a child behind after school for up to ten minutes.  I have not checked this fact.

If a parent, who as above, has legal responsibility for the child, refuses to allow the school to detain their child, I imagine the school cannot legally do so.

You might want to check into the facts, but even without having done so, if it were me I would just refuse to allow it and if they try it, call the police as they are holding your child against your wishes and the child's.

It may be that many parents accept their child's detention because they don't find out the facts.  In some cases, perhaps the children are poorly behaved because of a bad family background and the parents don't care and are in fact happy about the free childcare.

I have always felt, that if a school tried to detain either of my children I would go down this route (refusing the detention) because I do not agree with my children being detained.  If they have done wrong, I expect the school to tell me about it and I will dole out my own sanctions or punishments to fit the "crime".

Regarding homework, if your child has a statement you can ask for an early review if one isn't due and specify that the homework is causing distress/anxiety and ask for adjustments according to what your son can manage.  As he's so bright you should have an even better case.  Even if he doesn't have a statement with a disability he is entitled in law to reasonable adjustments at school and from all public bodies.

Tony Attwood has written about the problem of homework for ASC children and I believe, recommended they are not given it.  If you Google you may find what he wrote.