Angela: Legally, IEP meetings must include a general education teacher. If the student is not integrated, can a gym teacher/art teacher/ music teacher count as a general education teacher on the IEP?
What if the art teacher comes as the “Gen. Ed. Rep,” but the LEA, who let’s say is the principal, speaks to the gen. ed. curriculum?
Also, if anyone can give me the exact legal statue in which explains who/ what a general education is, please provide. Thank you!
Preschool in wyoming allows non-certifed staff to be teachers (teachers without a PTSB teacher license). Would they be able to serve as the general education teacher in an IEP meeting
This needs to be answered by someone at the state education agency, or state parent training & information project. http://www.parentcenterhub.org/find-your-center
Preschool in wyoming allows non-certifed staff to be teachers (teachers without a PTSB teacher license). Would they be able to serve as the general education teacher in an IEP meeting
Legally the IEP meeting must include a regular education teacher “of the child.” Grabbing just any reg ed teacher to fulfill the regular education teacher requirement may actually put the LEA in legal jeopardy – they have now broken the child’s right to confidentiality. The IDEA are civil rights laws that are supposed to protect the rights of disabled students, so why would it be okay to drag just anyone to his or her’s IEP meeting?
I have had a department head tell me that it is ok for a gen ed teacher who does not teach the child to be the gen ed teacher in an IEP meeting. I brought up that confidentiality is at risk but they told me it is ok. I said that it is the law that is being broken. The gen ed teacher must teach the child, in order for the meeting to be legal. Otherwise, there can be a lawsuit for the school system.
IDEA’s LRE or mainstreaming policy says that school districts are required to educate students with disabilities in regular classrooms with their nondisabled peers, in the school they would attend if not disabled, to the maximum extent appropriate. If the child is not included now, this may change.
Unless the child has a severe cognitive impairment, he should be learning grade level material. The regular ed teacher on the child’s IEP team should be a person who is knowledgeable about the general ed curriculum and standards for the child’s grade. In most cases, this would not be a PE or art teacher.
The federal special ed regs define the general education curriculum as “the same curriculum as for nondisabled children.” 34 CFR §300.320(a)(1)(i).
What about the art education curriculum?? Why is art class always excluded from ICT teaching in the IEPs?? Anyone….
So the teacher must be knowledgeable about the curriculum, not necessarily the child’s teacher? Or does it have to be the child’s teacher?
Courtney: As Mari says – “of the child”
Check your Law Book on page 101 or page 246.
Stated in both IDEA, 20 U.S.C. 1414(d)(B)(ii)
“…regular education teacher of such child”
and the federal regulation at 34 CFR 300.321
“…regular education teacher of the child”
Follow Up questions:
1. If a student ONLY participates in general education in electives (PE), is it better to use that PE teacher or a general education teacher who is knowledgeable of the curriculum.
This came up recently in one of my classes. What if the child is in a separate school all day (such as a school for the deaf) and does not have a “regular education teacher” because the school is a special school? How can the school fulfill this requirement since the child does not have a general education teacher? Is it acceptable for a special education teacher to serve also in the role of general education teacher?
IDEA rules (300.321(a)(2)) say a regular ed teacher “(if the child is, or may be, participating in the regular education environment)”.
So can a Special Education serve as the General Education teacher during the IEP meeting if the student only receives services from a Speech teacher and SETSS provider? The child is in an ICT class although the child does not have ICT on their IEP, and so they are in ICT classes. Since no General Education are available during the meeting time, can the Special Education teacher who co-teaches the child’s classes serve instead at the General Education at the tri-annual meeting?
IDEA rules, 300.321(a)(2) say at least 1 regular ed teacher, “if the child is, or may be, participating in the regular education environment”.
Hey Chuck, although you have referenced IDEA rule, there still may need to be some clarification in terms of the word “may” aren’t we to assume all students can be served in the LRE and therefore “may be” participating in the general education environment? Otherwise aren’t we predetermining those child’s service needs?
Devin, I agree with your point. There will be a few cases were using this could be justified (3 & 4 year olds, those with profound ID, speech only), but not a lot. This is more an issue for administrators who are pressured by gen ed teachers. Pressure from schools may be why IDEA rules say “may” & why they allow teachers to be excluded for all or part of IEP meetings.