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Martha:  If a child is in an inclusion class with an inclusion teacher and this teacher has been out at least 10 days, if not more, are they required by law to have a substitute? If my child needs inclusion, then she needs help everyday.

  1. I am an Inclusion teacher in Texas, Im being pulled to conduct testing EOC. My students are not being covered by a sub, therefore not receiving SPED services. I asked to not be pulled from classes or to secure a sub so my kids receive IEP services. No response from admin.

    • Adrian, you wrote “I asked not to be pulled from classes or to secure a sub so my kids receive IEP services” so I assume your request was verbal.

      You need to put your request in writing. When we put requests in writing, the recipient is more to remember our request and respond to it. Many failures to respond happen because our request is lost (forgotten) in the chaos of a typical school day.

      If you don’t receive a response within a week, write a short note/email that you need a response to your original request (email, written note) because none of your students are receiving a FAPE and you don’t want to be blamed for this. Attach your original written request to the 2nd missive.

      Yes, doing this will take time, but you are far more likely to get an answer.

  2. If the special education teacher is absent for months and various subs are secured but not instructing students as to their iep, rather giving them a study period (homework time) in their resource class is that a violation of the iep? As a result, grades are going down since the special ed teacher’s responsibility was to provide additional instruction.

  3. Does the regular ed student get a substitute the same day a teacher is out? No different for a special ed student on an IEP otherwise discrimination.

  4. Yes, a Special Education teacher is considered a certified educator and thus need a sub (similar as a teacher in a regular education setting). If the campus/district does not provide a sub, then the campus will owe compensatory time due to the service being lost and not following the IEPs currently in place. Hope this helps!

  5. The federal law says that services listed in the IEP are to be provided based on the schedule in the IEP. If that is daily, then the IEP is not being followed. You have a basis for using the dispute resolution process to get the scheduled services & compensatory services for the missed services.

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