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Success in the Regular Education Experience is Everyone's Goal
Taken from Reed's manual:
Congress made very clear in the 1997 IDEA Amendments that we must involve the regular ed teacher at the IEP meeting, and that we must focus in that meeting on how this one student will meet the regular ed goals expected of every student, and how they will have access to regular education curriculum, access to regular extracurricular programs, and access to regular non-academic activities.
The IDEA statute, at 20 U.S.C. 1414(d)(1)(B)(ii), the IDEA Regulations, at 34 C.F.R. 300.344(a)(2), and the extensive discussion in Appendix A of the IDEA Regulations at Questions and Answers 23, 24, 25 and 26, all make clear that regular education teachers are the primary instructional personnel who must be at the IEP meeting.
Further, the IEP will direct all the regular education teachers who will interact with this student as to what they are to do. "Each regular education teacher....is informed of his or her specific responsibilities related to implementing the IEP, and of the specific accommodations, modifications and supports that must be provided to the child in accordance with the IEP." (See App. A, Q&A 23).
We receive many emails stating that the regular education teacher is not a part of their child's IEP meeting and/or the regular education teachers are not provided with a copy of their child's IEP to implement the modifications and accommodations.
If you discover your IEP is not being implemented as written, in addition to a state complaint, you should also request a new IEP meeting. You could list in your need for a new IEP meeting exactly who the personnel are that are supposed to be carrying out the IEP and exactly what they are not doing.
Appendix A, Q&A 20, provides "The parents of a child with a disability have the right to request an IEP meeting at any time... There should be as many meetings a year as any one child may need...." You should also specify in your request for an IEP meeting, by name, the personnel that have to be there to be told, in writing on the IEP, what they are required to do to implement your IEP.
Appendix A. Q&A 23 requires:
23. For a child with a disability being considered for initial provision of special education and related services, which teacher or teachers should attend the IEP meeting?
This information is educational and not intended to be legal advice.
Reed Martin is an attorney with 33 years experience in special education law. He can be reached through email at [email protected] or www.reedmartin.com
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