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Special Ed 101
Legal Responsibilities of Educators
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<blockquote data-quote="Sheila" data-source="post: 124191" data-attributes="member: 23"><p><span style="font-family: 'Times New Roman'">reporting regimen called for in the IEP.</span></p><p><span style="font-family: 'Times New Roman'"></span></p><p></p><p><strong>II. The Educator's Role on the Multi-disciplinary Team</strong></p><p><strong>A. "Joining the Team"</strong></p><p>The IDEA requires that the IEP team for each child with a disability include, among others, at least one regular education teacher of the child. This teacher(s) is to participate in the development, review, and revision of the child's IEP, including determination of appropriate "positive behavioral interventions and strategies," and of supplemental aids and services, program modifications, and support for school personnel. (1)</p><p><strong>B. Case Studies</strong></p><p>In the case of <em>Board of Ed. of the City School District of NY</em>, (2) an IEP team for a mentally retarded student recommended, after an evaluation, that the student's classification be changed to autistic and that he be placed in a special education classroom with speech and language therapy, occupational therapy, and an aide. The student's teacher was delayed in attending the IEP team meeting where this decision was reached, and the parent left the meeting before the teacher arrived. The parent later enrolled the student in a private school and sought an order that the district's recommended placement was inappropriate. The hearing officer declared the district's placement recommendation a nullity, because the IEP team was not validly composed due to the teacher's absence from the meeting. See also, <em>Board of Education of Valley Stream 13 Union Free School District</em>, (3) (school's failure to include student's teacher in IEP team meeting was fatal flaw to IEP developed, regardless of whether or not team's recommended placement may have been otherwise appropriate).</p><p><strong>Key Concepts:</strong></p><p>Your attendance at a meeting is vital. Without your presence the legal structure of the team has been compromised.</p><p>You have the right and obligation to understand how an IEP impacts your teaching.</p><p>Frequently the regular educator has the most practical suggestions for how to modify their curriculum or their classroom setting. You should be aware of the fact that your input is considered as significant as the input from any other team member.</p><p></p><p style="text-align: center"><strong>Return to Table of Contents</strong></p><p></p><p><strong>III. The Educator's Responsibility for IEP Implementation</strong></p><p>As mentioned in the Overview, the IDEA requires that each District provide a free appropriate public education to all children with disabilities residing in the District. This duty includes developing and implementing an individualized education program for each such child. (4)</p><p><strong>A. Failure to Fully Implement</strong></p><p>It is the failure on the part of a District to implement its own plan that frequently causes the most problems. Two case studies in point:</p><p><strong>1. <em>Arlington (TX) Indep. School District</em> (5)</strong></p><p><strong>Facts:</strong> A student with ADD was the subject of a Section 504 Plan. Parents complained that classroom teacher failed to implement the student's Section 504 Plan because teacher did not provide all of the modifications described in the Plan.</p><p><strong>Ruling:</strong> Computer course teacher failed to comply with requirements of Section 504 because she did not provide all of the modifications in the 504 accommodation plan, despite her testimony that she "accepted late assignments, given student special instructions, and extended deadlines beyond what was allowed for other modified students."</p></blockquote><p></p>
[QUOTE="Sheila, post: 124191, member: 23"] [FONT=Times New Roman]reporting regimen called for in the IEP. [/FONT] [B]II. The Educator's Role on the Multi-disciplinary Team A. "Joining the Team"[/B] The IDEA requires that the IEP team for each child with a disability include, among others, at least one regular education teacher of the child. This teacher(s) is to participate in the development, review, and revision of the child's IEP, including determination of appropriate "positive behavioral interventions and strategies," and of supplemental aids and services, program modifications, and support for school personnel. (1) [B]B. Case Studies[/B] In the case of [I]Board of Ed. of the City School District of NY[/I], (2) an IEP team for a mentally retarded student recommended, after an evaluation, that the student's classification be changed to autistic and that he be placed in a special education classroom with speech and language therapy, occupational therapy, and an aide. The student's teacher was delayed in attending the IEP team meeting where this decision was reached, and the parent left the meeting before the teacher arrived. The parent later enrolled the student in a private school and sought an order that the district's recommended placement was inappropriate. The hearing officer declared the district's placement recommendation a nullity, because the IEP team was not validly composed due to the teacher's absence from the meeting. See also, [I]Board of Education of Valley Stream 13 Union Free School District[/I], (3) (school's failure to include student's teacher in IEP team meeting was fatal flaw to IEP developed, regardless of whether or not team's recommended placement may have been otherwise appropriate). [B]Key Concepts:[/B] Your attendance at a meeting is vital. Without your presence the legal structure of the team has been compromised. You have the right and obligation to understand how an IEP impacts your teaching. Frequently the regular educator has the most practical suggestions for how to modify their curriculum or their classroom setting. You should be aware of the fact that your input is considered as significant as the input from any other team member. [CENTER][B]Return to Table of Contents[/B][/CENTER] [B]III. The Educator's Responsibility for IEP Implementation[/B] As mentioned in the Overview, the IDEA requires that each District provide a free appropriate public education to all children with disabilities residing in the District. This duty includes developing and implementing an individualized education program for each such child. (4) [B]A. Failure to Fully Implement[/B] It is the failure on the part of a District to implement its own plan that frequently causes the most problems. Two case studies in point: [B]1. [I]Arlington (TX) Indep. School District[/I] (5) Facts:[/B] A student with ADD was the subject of a Section 504 Plan. Parents complained that classroom teacher failed to implement the student's Section 504 Plan because teacher did not provide all of the modifications described in the Plan. [B]Ruling:[/B] Computer course teacher failed to comply with requirements of Section 504 because she did not provide all of the modifications in the 504 accommodation plan, despite her testimony that she "accepted late assignments, given student special instructions, and extended deadlines beyond what was allowed for other modified students." [/QUOTE]
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