Private Placement: PRIVATE SCHOOL WITHHOLDING IEP PAPERWORK FROM TEACHERS

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G:  Several children in a private school have IEPs fulfilled by the local public school district. The private school’s administration has the IEP paperwork on file, and refuses to share the paperwork with the children’s teachers. Assuming that the IEP is relevant to teacher’s classroom, is the school legally entitled to withhold the IEP paperwork?

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Admin
01/04/2016 4:33 pm

It should be apparent that teachers and service providers cannot do their jobs if they don’t know what their jobs require. The IDEA regulations about IEPs include requirements about this in a section called “Accessibility of the child’s IEP to teachers and others” –

(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 provider,
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. (page 248-9 in Wrightslaw: Special Education Law)

This requirement is also discussed 0n page 103 of All About IEPs,