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Barbara: I am a special education teacher as well as a parent of a child who is served in the special education program. Our county uses the state online IEP program, and as a team member I have always been able to view my child’s IEP online because I have access to the program through my job. His new case manager has removed me as a team member, saying it was a conflict of interest. I only opened his IEP in the past when I could not remember what was written in it (ex:accommodations) and didn’t have a hard copy at school with me. Is it legal to leave me off as a team member, is it a conflict of interest because I can view his online IEP because of my position as a special education teacher?

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07/14/2017 11:25 pm

I was a diagnostician at my son’s school and he has an IEP and attended the same school. I never accessed his file through the system we used. I didn’t want it to be a conflict of interest and raise any questions. I would have his case manager access it or I would look at the hard copy. However, I don’t think it’s legal to leave you off the team.

07/14/2017 1:52 am

No, not legal and just plain dumb. File complaint w/ head of spec ed dept and state board of education. Request another IEP MEETING in writing, give request to school Psychologist. Request a change of case manager, asap, don’t wait til end of school year. If school won’t budge, file for mediation hearing w/ State Spec Ed Dept. Do everything in writing, with dates, times, names Parents always have right to IEP, if school excludes you, legally they are required to state why, and must appoint another adult to represent your child’s interest with the school district for the purpose of the IEP.

07/13/2017 12:55 pm

As a parent of the student? Not is not legal, exclude you of the IEP team or meeting..

02/02/2017 10:59 am

My daughter is a senior and has an IEP. I talked to the counselor and Principal. I stated to them that I need my daughter out of sports therapy class. she failed last semester and this being the last semester before graduation, I didn’t want her to fail. Was it ok to do that? she signed a contract. please help

10/05/2016 1:45 am

This doesn’t make sense to me, but I bet there are better things to fight about.

I suppose you could cite FERPA and ESSA.

Does your district have a Parent Portal?

10/04/2016 11:57 am

I’m not a lawyer, however – Sounds like you may have violated the use agreement of your online access, which could impact your job. However, parents are members of the IEP team, and IMHO cannot be removed as part of the team. Perhaps next time you need to review your child’s IEP, either have a hard copy with you or carry a PDF version on a thumb drive for your use. Good luck!

07/17/2017 9:29 am
Reply to  Karen

I agree. On first read, it sounded like the school was absolutely in violation of IDEA, but once I reread it, it sounds like you’ve used your position at work to access your child’s IEP, something that normally isn’t provided to parents overall and maybe you took advantage of your job by doing that. Your case is highly unusual and doesn’t amount to anything illegal or in violation of the law, but it sounds as though you could be considered to have been taking advantage of your position and access to the IEP program. I hope that it all works out, but just remember, if EVERY parent doesn’t have the same access that you had, there really isn’t anything that you can do. Good Luck.