MaryBeth: I am a regular ed social studies teacher at an alternative school in North Carolina. I have many kids that are labeled EC, or OCS, but I am not given there IEP’s or modifications. I have been told I can go look in the EC case load teacher’s office for the files, but it is like pulling teeth to get the records I need. I have brought it up to the administration several times that my students are not getting the services they need, but it does no good. They claim they are in compliance, and the EC teacher even told me to shut up and stop asking.What am supposed to be given as a regular ed teacher when I receive a special education child in my classroom, and what time frame should I receive it in. I can’t advocate for my students if I don’t know the law.
MaryBeth – You’ll find more discussion on this in the HELPline Database under IEPs.
IEPs: GENERAL ED TEACHER/COPY OF IEP
https://www.wrightslaw.com/blog/ieps-general-ed-teacher-copy-of-iep/
IEPs: SCHOOL REFUSES TO GIVE TEACHER A COPY OF IEP
https://www.wrightslaw.com/blog/ieps-school-refuses-to-give-teacher-a-copy-of-iep/
Federal IDEA rules, 300.323(d) say schools “must ensure” that the IEP “is accessible” to each teacher working with the child. Also each teacher must be informed of their “specific responsibilities related to implementing the child’s IEP”. Your state education agency may have guidance/rules on “is accessible” & “informed of”. You may be able to find this on the special ed section of their website. Your state parent training & information project can also assist you. http://www.parentcenterhub.org/find-your-center/
Here’s what the Federal Regulations say about teacher access to IEPs.
34 CFR 300.323 (d) Accessibility of child’s IEP to teachers and others.
Each public agency must ensure that-
(1) The child’s IEP is accessible to each regular education teacher, special education teacher, related services providers, and any other service provider who is responsible for its implementation;
….read more in
Wrightslaw: Special Education Law, 2nd Edition, p. 248. https://www.wrightslaw.com/store/selaw2.store.html
How will the teachers know what’s in the IEP? Wrightslaw: All About IEPs, P. 11, 103. https://www.wrightslaw.com/store/aaieps.html
Denying Access to IEPs for Regular Ed Teachers https://www.wrightslaw.com/blog/denying-access-to-ieps-for-regular-ed-teachers/
Access to IEPs https://www.wrightslaw.com/blog/shouldnt-a-sub-have-access-to-ieps/
Does Your Child’s Teacher See the IEP? https://www.wrightslaw.com/blog/does-your-childs-teacher-ever-see-the-iep/
Who Should Have a Copy of the Child’s IEP? https://www.wrightslaw.com/advoc/ltrs/ieps_confidential.htm