IEP Meeting: GENERAL EDUCATION REPRESENTATIVE AT IEP MEETING

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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!

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mari
09/09/2018 3:50 am

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?

Admin
10/28/2016 2:20 pm

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).

Nataliay
05/10/2018 6:23 pm
Reply to  Wrightslaw

What about the art education curriculum?? Why is art class always excluded from ICT teaching in the IEPs?? Anyone….

courtney
09/10/2018 11:44 am
Reply to  Wrightslaw

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?

Admin
09/10/2018 1:29 pm
Reply to  courtney

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”

Chris
09/16/2018 2:33 pm
Reply to  Wrightslaw

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?

Chuck
09/17/2018 11:26 am
Reply to  Chris

IDEA rules (300.321(a)(2)) say a regular ed teacher “(if the child is, or may be, participating in the regular education environment)”.

K.S.
12/04/2019 11:14 pm
Reply to  Chuck

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?

Chuck
12/05/2019 12:42 pm
Reply to  K.S.

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”.

Devin
02/12/2020 10:53 am
Reply to  Chuck

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?

Chuck
02/12/2020 3:21 pm
Reply to  Devin

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.