Tag Archives: aide

When Are Teachers Supposed to Get Their Students’ IEP Copies?

Once in awhile, I’ll run across something familiar, the language of which just hadn’t resonated with me until that moment. I was doing some legal research recently and experienced one of those times.

EC 56347 provides the legal requirement that the public schools in California must give Individualized Education Program (IEP) copies to a special education student’s educators before the student arrives in their instructional settings. I can’t tell you how many kids I’ve served whose teachers still hadn’t seen their IEPs after school had been in session for 30, 45, or 60 days.

Sometimes it was that they didn’t know the kids were on IEPs because no one told them or gave them IEP copies. Other times, they knew some of their kids were in special education, but no one was ever given IEP copies, so they didn’t know they were supposed to expect them. Other times, they got the IEPs, but didn’t have time to deal with them, threw them in a drawer, and forgot about them. By the time the first report cards of the school year came out, these kids were train wrecks.

Moreover, this section of the regulations requires that staffs always have access to IEPs, know and understand their content, and know which parts of the IEP they are responsible for implementing, as well as how to implement those parts. Specifically, it reads:

A local educational agency, prior to the placement of the individual with exceptional needs, shall ensure that the regular teacher or teachers, the special education teacher or teachers, and other persons who provide special education, related services, or both to the individual with exceptional needs have access to the pupil’s individualized education program, shall be knowledgeable of the content of the individualized education program, and shall be informed of his or her specific responsibilities related to implementing a pupil’s individualized education program and the specific accommodations, modifications and supports that shall be provided for the pupil in accordance with the individualized education program, pursuant to Section 300.323(d) of Title 34 of the Code of Federal Regulations. A copy of each individualized education program shall be maintained at each schoolsite where the pupil is enrolled. Service providers from other agencies who provide instruction or a related service to the individual off the schoolsite shall be provided a copy of the individualized education program. All individualized education programs shall be maintained in accordance with state and federal pupil record confidentiality laws.
(Amended by Stats. 2007, Ch. 56, Sec. 51. Effective January 1, 2008.)

This State regulation provides procedural accountability for situations such as when an IEP sits in a special education department filing cabinet without a special education student’s general education teachers knowing anything about it or the accommodations they are supposed to be providing in their classrooms to that child. The federal regulations are not as exactly precise.

Continue reading

“Velcro® Aide” vs. Learning Facilitator

Click here to download the podcast version of this article.

There is a realm of conflict surrounding the use of 1:1 aides in special education and many local education agencies (“LEAs”) have developed their own assessment protocols to determine when a child really needs an aide to try and rein in this issue.

Sometimes these assessments just turn into a means of justifying to the parents a decision against aide support that was actually made by the LEA for fiscal reasons, so there are still issues with these types of aide assessments that need to be worked out.

Because these are LEA-made evaluations that are not bound by regulation and they aren’t scientifically validated standardized tests, LEAs can make them up however they want and some are better at researching best practices than others. But, even if it’s the best aide assessment in the world, none of that makes any difference if the aide support a child is given isn’t used well.

Continue reading

Feds Seek to Outlaw Injurious & Deadly School Discipline Practices

On January 16, 2010, I posted an article about a federal report on the use of improper seclusions and restraints of children in our nation’s schools. These practices have been used mostly on children with disabilities, resulting in injury, trauma, and death. Continue reading