COVID-19   Law    Advocacy    Topics A-Z     Training    Wrights' Blog   Wrightslaw Store    Yellow Pages for Kids 
 Home > Advocacy Library  > Questions to Wrightslaw > Confidentiality of IEPs

The Special Ed Advocate newsletter
It's Unique ... and Free!

Enter your email address below:

Training Programs

Dec. 2 - Detroit, MI

Dec. 10 - OH via ZOOM


Feb. 2-5 - San Antonio, TX

Feb. 27-28 - Southern CA

Mar. 23 - Anchorage, AK

Mar. 30 - Long Island, NY

Apr. 5 - Hill AFB, UT

Full Schedule


Topics from A-Z
Free Newsletter
Seminars & Training
Yellow Pages for Kids
Press Room

Books & Training

Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Bulk Discounts
Military Discounts
Student Discounts
Mail & Fax Orders

Advocacy Library

Cool Tools
Doing Your Homework
Ask the Advocate
Newsletter Archives
Short Course Series
Success Stories

Law Library

Fed Court Complaints
IDEA 2004
McKinney-Vento Homeless
Section 504


American Indian
Assistive Technology
Autism Spectrum
Behavior & Discipline
College/Continuing Ed
Due Process
Early Intervention
  (Part C)

Episodic, such as
   Allergies, Asthma,
   Diabetes, Epilepsy, etc

Future Planning
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE / Inclusion
Military / DOD
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Related Services
Research Based

Response to Intervention

Restraints / Seclusion
   and Abuse

School Report Cards
Section 504
Teachers & Principals
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
  Disability Groups
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
   Legal Terms
   Assessment Terms
Best School Websites


IEPs and Confidentiality: Who Should Have a Copy of the Child’s IEP?

Print this page

At a recent workshop, the presenters stated that teachers have the right to have copies of their students' IEPs in the classroom. Is this right? How can confidentiality be maintained if the teachers have copies of IEPs?

Isn't giving teachers copies of IEPs a gross violation of the confidentiality of students with special needs?

confused woman

From Wrightslaw:

You have several good questions.

Most children with special education needs receive most or all their education in regular education classes. They are taught by regular education teachers. In the past, many regular education teachers did not know that any of their students had IEPs, or what the IEPs required. As you can imagine, this led to big problems.

When Congress reauthorized IDEA, they made changes to the IEP process. The law requires that at least one of the child's regular education teachers is a member of the IEP team. This teacher will participate in developing the child's IEP, including:

  • determining appropriate positive behavioral interventions and supports, and other strategies; and
  • determining supplementary aids and services, program modifications, and support for school personnel. 20 USC Section 1414(d)(3)(C)

As a member of the child's IEP team, the regular education teacher is also required to participate in the review and revision of the child's IEPs." (20 USC Sec. 1414(d)(4)(B))

If the child's teachers don't know what’'s in the IEP, they can'’t provide services, accommodations, modifications so all the child's teachers must have a access to the child's IEP.

The federal special education regulations clarified that IEPs must be accessible to all the child's teachers and service providers.

(d) Accessibility of child's IEP to teachers and others. Each public agency (school) must ensure that --

(1) The child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and any other service provider who is responsible for implemening it, and

(2) Each provider and teacher is informed of --

(i) His or her responsibilities related to implementing the IEP; and

(ii) The specific accommodations, modifications and supports that must be provided for the child in accordance with the IEP. (34 CFR 300.323(d))

The school is responsible for ensuring that all teachers have access to the child's IEP. In our training programs, we often suggest that parents make copies of their child’s IEP and provide a copy to each teacher.

This doesn’t mean the child’s IEP should be public knowledge.

You may be interested in other articles about the legal requirements for IEPs.

Your Child's IEP & Progress in the General Education Curriculum

IEPs for Children with Behavior Problems

Can the IEP Team Prepare a "Draft IEP" Before an IEP Meeting?

Does a Child Need an IEP AND a 504 Plan?

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

ALL Wrightslaw
Products 25% OFF!

Check Out
The Advocate's Store!

Wrightslaw on FacebookWrightslaw on TwitterWrightslaw YouTube Channel 

Wrightslaw Books
Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright

About the Book

Wrightslaw: From Emotions to Advocacy, 2nd Edition
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Wrightslaw: Special Education Legal Developments and Cases 2019
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video

Student Discounts

Military Discounts

The Advocate's Store

Wrightslaw Multimedia Training

Understanding Your Child's
Test Scores (1.5 hrs)

Wrightslaw Special: $14.95

Wrightslaw Mutimedia Training Download

Special Education Law & Advocacy Training
(6.5 hrs)

Wrightslaw Special: $49.95