Tag: Teachers

Required By Law

A woman writes –

I keep thinking things can’t get worse and trying to be strong but right now I feel hopeless and it seems impossible. I was working for the school system but they wouldn’t make accommodations for me (example: needing bathroom breaks or a lunch break to eat, etc) and my contract will not be renewed for the upcoming school year because I fought them on not allowing me a pumping accommodation (although required by law) in the future. I’m applying and interviewing but so far everyone only seems to focus on me being pregnant and maternity leave and turning me down. I’m finding this disheartening because I’m being responsible and being proactive yet that doesn’t seem to matter or be helpful. Really having doubts today about my future or my son’s future. I’m trying to imagine that once he is here, everything will be different but I can’t today.

I remember being “let go” from Sears Roebuck & Co back in 1973 when I worked in the Infants department. I was pregnant and there were no “protections” for such a state of being back then. What a difference the passage of time makes.

A LINK>Freeman Mathis & Gary blog at the law firm’s website notes – Two new federal laws aimed at increasing protections for pregnant and breastfeeding employees will go into effect in 2023: the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP For Nursing Mothers Act”). Employers should familiarize themselves with the new employee protections and employer obligations under both laws.

While the law should help the woman I quoted, I also know that in the “real” world that is NOT always enough. The PWFA appears to substantially increase protections for employees and job applicants with known limitations relating to pregnancy, childbirth, or related medical conditions. It applies to employers with 15 or more employees. It is NOT in effect yet but kicks in on June 27, 2023. 

The PWFA entitles covered employees to a reasonable accommodation unless the accommodation would impose an undue hardship on the operations of the employer. As with other disabled employees, the employer must engage in the interactive process with the employee in order to discuss and determine the reasonable accommodation. The obligation to engage in the interactive process is triggered when the employer becomes aware of an employee’s “known limitation” arising out of a pregnancy, childbirth, or related medical condition.

Already in effect as of December 29 2022, the PUMP For Nursing Mothers Act amended the Fair Labor Standards Act (“FLSA”) to entitle all employees (not just non-exempt employees) to unpaid reasonable break time to express breast milk up to one year after the employee’s child’s birth.  The Act requires that breaks be provided “each time such employee has need to express the milk.”

The Act also requires employers to provide a private location to express milk that is not a bathroom. Employers should be aware that an employee must be compensated for pumping breaks if such a break must be paid according to other federal, state or local laws; the employee is not completely relieved of duties during the entirety of the break; or if they express breast milk during an otherwise paid break period. The PUMP for Nursing Mothers Act contains a small employer exception for employers with fewer than 50 employees where compliance would cause an undue hardship.

Neglect Is The Reason

75 % of the cases where children are removed from their parents and home are for the broad term “neglect”. These children are then placed into foster care where the care may not be very loving and the foster parents may be simply in the system for the tax free monthly payments directly into their bank account with no accountability required about how they spend this money.

We do not need foster care. We need better programs to address mental health and drug addiction.

Neglect is an outcome of poverty, drug addiction and mental health issues. It does not usually stem from crappy people that just don’t care about their kids and so they neglect them. Sexual or physical abuse is not considered neglect.

Just a thought – what if we put the billions of dollars spent on foster care into drug prevention programs, mental health screening, preventive care? Would neglect be reduced?

Wonder just who reports this neglect? The highest percentage are teachers. What qualifies for a teacher to report neglect? Kid being dirty? Wearing the same clothes? Not having lunch? Why are these things reportable to Child Protective Services vs reporting a genuine need for the intervention of a program that could help families overcome these challenges?

If you don’t see something wrong with this system as it currently exists, maybe you are part of the problem in your complacency.

There’s a huge problem when society thinks they are “helping” children but are actually damaging them more. People do not understand how these systems actually work but they still trust them. We need to educate teachers and the public about their poverty bias and on what causes actual trauma.

In effect, everyday children are kidnapped because of a belief they are at risk of possible future harm. Many have experienced corruption in the family court system. In reality, most children never were harmed or neglected at all but people’s judgements of them made it so.

In one case, someone shared their family came under investigation by Child Protective Services because a doctor reported the husband when he went to that doctor with symptoms of a paranoid personality disorder due to PTSD. The “potential harm” was nothing more than thoughts at the time. But the experience was an absolute nightmare for the family. Thankfully it ended up being only an investigation and not a removal.

When my young sons were acting up in public – I used to caution them that they really needed to behave better because someone might not understand what our family was really like 99.9% of the time and take them away from us believing that we were abusing them, when we were only gently disciplining them in such a way so as to get their attention long enough to get them to stop. It is a fine and scary line that parents have to balance. One mother shared that her son’s principal at his school reported her to Child Protective Services – twice – just because she didn’t like her.

During the pandemic, there has been almost a 50% decrease in CPS reports from mandated reporters. While some cities did report an increase in child visits to the emergency room, possibly due to physical abuse, the cause may have simply been the shut down of conventional medical offices. There has been no documented increase in emergency room visits or fatalities related to abuse or neglect. Obviously mandated reporters are significantly over reporting.

When my mother in law was in the prime of her career as a social worker, she worked within the low income Black community to make certain that whatever was keeping the child out of school was provided to the family to ameliorate that lack. Here’s what one teacher said about their school’s social worker –

I am a teacher in a low income area. When we see poverty related issues we go to the school social worker first, who contacts the family to offer resources. Usually our family resource center can offer things like coats, shoes or snow boots, school supplies, food and clothing. Some schools I’ve worked at even carry clothes for adults in their “caring closet” for families in need. School social workers will also coordinate with outside agencies to help families get situated with housing or any other needs they may have.

This teacher defends neglect calls from her own experiences. Like when the parents don’t seem to be making an effort or don’t seem to care. There may be a lot of reasons why they are coming off as not caring, but situations where a child is sick and throwing up or injured and the parent can’t be reached for hours and when they are reached they don’t show up to pick up their kid and this happens every time their kid gets sick. There are kids who get returned to school on the bus because they’re 4 or 5 years old and there was no one at the bus stop and it’s hours before the parent can be reached and they didn’t even realize their kid was missing when the social worker is knocking at their door at 6pm trying to track them down, and again it’s not the first time.

Kids with obvious medical concerns that have been brought to the parents attention repeatedly and the parent does not take them to a doctor. Once we had a kid transported to the hospital via ambulance with the parent completely unreachable. When the parent was finally reached they said they weren’t going to meet their child at the hospital because they were in the middle of cooking dinner. The parent never showed up. The Department of Children and Families (DCF) was eventually called and a worker had to come out and go find the parent to take them to the hospital. It was like 9pm and the parent was just refusing to go get their kid.

Sometimes neglect is a symptom of something far worse. A child can be removed for neglect initially and get bounced in and out of foster care for neglect, only to find out years down the line that there was severe physical and sexual abuse that was occurring.

This teacher did agree that providing resources should be the first line of intervention, when dealing with neglect issues. Yet it is her perspective that when a family is being offered resources and the issues continue, it’s important to dig down deeper because kids are not going to come right out and tell non-family adults about abuse that may be happening. Kids can show up to school with marks and bruises but so long as they deny abuse, nothing will be done about it. They can even initially report abuse and then. will take it back when DCF shows up or after the parent threatens them. Parents will tell kids that foster care is so much worse than what they’re living with now in an attempt to scare them into keeping quiet. They will tell kids that in foster homes, kids are starved and fed nothing but bread and water- all sorts of stories to keep them quiet. Fear of the unknown, shame, and the desire to protect their parents are all powerful tools that keep kids in abusive situations silent.

As I read all of that, I personally had reservations about the teacher’s perspective. Someone else responded as I had been thinking – did you ever consider that poor parents who have jobs don’t have the ability or privilege to take off work every-time they need to take a kid to the doctor, pick them up when the school calls or even answer the phone? Why assume they just don’t give a shit? Some people have to take whatever job they can find and some jobs, more specifically low wage jobs aren’t often very understanding. So if parents are having to leave work, they may lose their job and then you’re calling Child Protective Services ? Now they can’t pay rent and are homeless because public housing often has wait lists 8 years long and most women and children’s shelters have long wait lists too and stay full. I worked in a school. Maybe where you worked school social workers were “helpful” but that’s not always the case. Your school doesn’t seem like a low income school because low income schools don’t typically have all of those resources to offer the student’s families. And maybe a parent refusing to go get their kid is in the middle of a mental crisis and needed immediate HELP and that is not having their child removed. Most parents are not just assholes who don’t give a damn. There is always something more going on. Rather than removing kids, let’s fund families better, make even more services available to them. Let’s stop making assumptions about why things are happening and work with families to get to the bottom of their very real problems. Remember, a struggling parent isn’t going to be very trusting because they know how the system works. So when they act like they don’t want to take your help, maybe it’s because they don’t trust you.

I believe a lot of what this person shared below, also happens in my rural community where the median household income is $43,636 annually and for a single wage earner only $23,587.

The school in my town (rural/low income) has washers and dryers and people donate laundry supplies to them. The kids themselves or their parents that aren’t able to clean their clothes at home can take them to school to have them washed, so that the kids have clean school clothes to wear. They have a clothes closet where people can donate shoes or clothes for kids in the school that need them. They have a big coat and shoe drive every Christmas and give hundreds of kids in our community a new coat, a new pair of shoes and toys. We have a huge school supply giveaway every year before school starts where they give everyone a backpack full of school supplies, free haircuts, a new outfit, socks, underwear and pair of shoes. This year our county Board of Education is providing every student all of their school supplies free. They give kids a bag full of food every Friday, so they know they’ll have food when they’re out of school over the weekend and every child at our school gets free breakfast and lunch. I think all of these are great ideas that could help a lot of low income communities. It is well known that one reason families get reported for neglect is because the kids are dirty or wearing dirty or out of season (no coat or shorts in winter) clothes.

Low income families often just need a little extra help. Our society can and should do better !! But I need to end this with just one more because there are multiple sides to every story. This one is sad and regrettable.

One of my friend’s family was reported by a teacher to Child Protective Services (CPS) for bruises but by the time they actually responded, his mother had broken his arm. I was repeatedly physically abused as a child and I even threatened to call CPS myself. My mother told me I would be abused even worse in a foster home and the trauma she had caused made me actually believe it. If your position on a subject is firmly entrenched due to a negative experience, then nothing anyone else says will change your mind. If we didn’t have the Child Protective Services system and there were reports of children dying from neglect and abuse on the news every night, people would demand something to be done to protect innocent children. In my case, I was never taken from my biological family, but I should’ve been. I suffered extreme amounts of trauma and have had counseling multiple times to try and help me deal with the aftermath.