Must Services in the IEP be Provided by a Special Ed Teacher?

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Can the school write in the IEP that the child will receive reading instruction/tutoring by a reading specialist who is not a special ed teacher?

Yes. The IDEA and federal special ed regs do not require that the services listed in the IEP must be provided by a special ed teacher. (Vote in the poll at the end of this article)

Here’s the background to the question:

My 10 year old with Downs Syndrome has made no reading progress over the last 4-5 years. A reading specialist recommended a new reading program, the school agreed. To help her catch up, we also asked for additional intensive services by this reading specialist, who would know how to implement and monitor the new program.

The school told us “she cannot have it written in the IEP for services of the reading specialist since the specialist is not a special ed teacher.”

Must the school exclude a service from the IEP, if the child will be taught/tutored by a reading specialist who is not a special ed teacher? Is that true?

No. This is not true. The IDEA and federal special ed regs do not require that the services listed in the IEP must be provided by a special ed teacher.

Most children with disabilities receive much or all of their education in regular ed classes, and are taught by regular ed teachers. The IDEA requires that the child’s IEP team include at least one regular ed teacher because . . .

The regular ed teacher knows the curriculum and what students are supposed to learn and do. With input from the regular ed teacher, the team can determine what accommodations, supplementary aids and services, and modifications the child needs to learn and make progress. (Wrightslaw: All about IEPs, page 11)

The IEP must include all special education services, related services, and supplementary aids and services the child needs, and the school will provide. (Wrightslaw: All About IEPs, page 37)

If team proposes a service but resists writing it into the IEP, you might assume they don’t really plan to provide it.

If the parent has to request mediation or a due process hearing because the promised service was not provided, the parent will not prevail because the IEP does not include it.

Politely ask for a clarification and copy of the written policy (either federal, state, or local school district) that indicates a special ed teacher is required to provide services in the IEP. If you do not get a response, write a follow-up letter with a request for the policy.

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66 Comments on "Must Services in the IEP be Provided by a Special Ed Teacher?"

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Can a reading specialist provide special education pull out minutes? Or does the IEP need to specifically state who will be providing the services?

Can a Paraprofessional provide the Initial minutes of SDI or only provide supplemental instruction?

My child was given a 504 plan today but we wanted her to have an IEP. School says she doesn’t qualify because until last year she has always made good grades. She was evaluated by psychologist we took her to and another one court ordered and was found to have severe anxiety disorder. This prevents my child from asking her teacher anything at all even if she needs help understanding the work. It also created a wall for her to such degree as she would physically be sick and hives at thought of going. I feel she should have some individualized instruction she was failed last year because she couldn’t catch up. That alone has been a back step in social and academic learning . Please help

Your state parent training & information center will be familiar with the federal and state rules, and can assist you. http://www.parentcenterhub.org/find-your-center

Arizona is changing a law about who can provide Specialized Instruction. Now saying any “Certified ” person can.

In my school district, additional supportive services in the IEP can be provided by a paraprofessional. This is great for my child with executive functioning issues who just needs an adult to help with initiation, planning and organization. The paraprofessional also provides services such as reading the test to the children with reading disorders. So I would say,no, the services don’t always need to be provided by a SPED teacher.

Is there a law or regulation that defines what special ed “staff” is? Who can provide services to my child. If a person makes copies for the special ed department then they could technically be sped staff .

The state or school district would be the one who might define this term. In most districts the person you describe would be “special ed staff”, if paid for by special ed funds.

Thank you for the response. It says in IDEA and our state site (Georgia) that the IEP must be served by a “highly Qualified” teacher . It then goes on to describe this as one who has a special ed certificate among other things. It also defines that other providers may serve the student such as persons who provide therapies. I am asking because there was a situation with a long term substitute who was not sped certified.

Often states have rules about the use of staff who is not “highly qualified”. Sometimes parents have the right to ask that their child be changed to another teacher. If a child is making limited progress, a parent could ask that additional services be provided to their child. Find out what the district policy says, & write to the special ed director.

Can someone please post a link or the IDEA section that tells us that a gen ed teacher can provide a service that gets listed in the child’s iep. I will need this for a meeting as I was just told a gen ed teacher’s service cannot be written into my son iep.

I just sent a written request to the school asking them to please tell us who is who in our IEP. My son doesn’t seem to have a clue who he’s working with day to day. He keeps telling us he worked with a “para” today – odd thing is, the school nor state has any listed as being employed by/at the school – further mind boggling – there is no mention of our child working with a paraprofessional in our iep, but now i noticed it says “ADULT;” wonder if that would included the janitor or Fedex guy… Suddenly it all seems rather vague.

Ask the principal & special ed office in writing the position(s) of the staff working directly with your child. You can request an IEP meeting. Despite who is working with him, do you feel that the goals, & objectives are appropriate, & is he making progress?

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