The Wrightslaw Way

My son had a substitute teacher for four weeks.  She didn’t know what accommodations he required in class. She said she never saw his IEP.  Shouldn’t a substitute have access to accommodations in an IEP?

Certainly teachers, substitute teachers, and many other school staff members need information about your child. It is the only way we can expect them to understand your child’s unique needs!

Your school administrators may incorrectly believe the IEP is confidential.

If so, the administrator thinks he cannot release it to teachers and other staff members. This is not true.

Schools can release confidential information about your child to anyone at school who has a genuine need for that information.

From the Federal Special Education Regulations -

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; and
(2) Each teacher and provider described in paragraph (d)(1) of this section is informed of-
(i) His or her specific responsibilities related to implementing the child’s IEP; and
(ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

Maintaining your child’s confidentiality is important. The school must figure out how to meet the requirement for access while meeting confidentiality requirements.

Read what Indiana Advocate Pat Howey says about teacher access to IEPs and your child’s confidentiality in Does Your Child’s Teacher See the IEP?

OSEP suggests some excellent questions parents (and educators) should ask about ensuring the school staff (including substitutes) are aware and trained about accommodations and modifications that a child needs.

• How will the school inform substitute teachers or personnel about providing adaptations listed in my child’s IEP or 504 plan?

So find out what the plan is at your school. Ask your school about their policy for ensuring compliance to 34 CFR 300.323 (d).

Request a copy of the written policy.

http://www.osepideasthatwork.org/parentkit/que_for_parentstoask.asp

More about Access to IEPs for Regular Ed Teachers

Tags:   Access to IEPs · Accommodations · IDEA compliance · Substitute TeachersNo Comments