I am a regular ed teacher. It’s been weeks since I started teaching at a new school, and I have no idea who is on an IEP or 504. I don’t even know who the special ed teacher is. I asked for a list of all the students who have IEPs and 504s. I was told I could not receive a list because of student confidentiality.
Is it really true that regular ed teachers are not allowed to have a list of all the students who have an IEP at the school?
Students with IEPs and 504 plans do not have any right to confidentiality when it comes to their teacher knowing what that teacher is supposed to provide in services and/or accommodations.
Imagine the ramifications if teachers were not allowed to see IEPs and 504 plans because they were “confidential.” And why would the IEP or 504 team create a document that lists the services the school is legally required to provide — if the providers are not allowed to see the document?
According to Appendix A of the Special Education Regulations, “…regular education teachers play a central role in the education of children with disabilities (H. Rep. No. 105-95, p. 103 (1997); S. Rep. No. 105-17, p. 23 (1997)) and have important expertise regarding the general curriculum and the general education environment.”
When IDEA added the emphasis on involvement and progress in the general curriculum, the role of regular education teachers became increasingly critical (together with special education and related services personnel) in implementing the program of FAPE described in the IEP for most children with disabilities.
When IDEA was reauthorized in 2004, the law was amended to ensure that children with disabilities could participate in extracurricular activities and other nonacademic activities. These activities include recreation and recess, special interest groups, clubs, lunch. It would be essential for any teachers who work with children during these times to know what the teacher is supposed to provide in services and/or accommodations.
If I was in your shoes, I think I’d find out who the special ed director is and send your problem to him/her, in writing.
Tags: Accommodations · Confidentiality · FAPE · General Education · IDEA 2004 · IEPs · unique needs3 Comments
3 responses so far ↓
When I read your question I raised one of my own. Are you asking for the names of students with IEPs and 504s in your class or for all of those in the school? You are entitled to that information for your own students, but I am not sure that you are entitled to it for the whole school. I am not sure, but it might constitute a breach of confidentiality for those students you are not directly involved with.
Sharon
I have been astonished at the number of school administrators who treat IEPs/504 Plans as confidential as to the bus drivers who transport kids from home to school; as to the aides who work with the kids in class; as to the cafeteria staff who see kids in the lunch line every day and the teachers who supervise the kids on the playground. I can understand not sharing the entire IEP or Plan, but to not even let those school staff know that a child they see regularly has a behavior plan, or reacts badly to certain situations, or needs medical attention is unconscionable. To compound the situation, all too often I hear, “It’s would be a violation of FERPA!” which is complete nonsense.
Our district has a program that all teachers can access an overview of a students IEP if they are in their class. One teacher refuses to access this information and is insisting that she receive a printed copy. I was wondering, does the regular education teacher need to have a printed copy of the IEP or just access to the IEP?