Legal Obligations of the Regular Education Teachers Working With Students with IEPs

By: Jennifer Wilker

PD for Warren New Tech

Do Now
1. Which students in your class have an IEP or a 504 Plan? 2. Have you personally reviewed each IEP or 504 Plan? 3. Do you remember what these documents say?

4. Are you making a good faith effort at implementing each IEP or 504 Plan?
5. Do you have any proof that you are implementing the IEPs and 504 Plans?

Rationale:
The Least Restrictive Environment mandate ensures that schools educate students with disabilities in integrated settings, alongside students with and without disabilities, to the maximum extent appropriate. Because of the LRE the general education teachers are having an influx of students with IEPs they must serve in their regular education classroom. The general education teacher must know how to read the students IEP and know how to provide an appropriate education to every student he/she serves.

Objectives:
Teachers will be able to read IEPs and understand their role in providing FAPE to Special Education Students. Teachers will be able to generate modifications in their general education classroom to insure FAPE to all students. Teachers will understand the law of Least Restrictive Environment, Free Appropriate Public Education, and Individualized Education Plans.

The Law
Regular education teachers who willfully fail to implement the childs IEP or 504 Plan may be at risk of personal liability, including money damages. Doe v. Withers, 20 IDELR 422 (W. Va. Cir. Ct. 1993). A regular education history teacher was ordered to pay $15,000 to the parents of a student with learning disabilities due to the teachers refusal to provide oral testing as required by the IEP.

Understanding the Law

Group one will cover the IEP process. Group two will cover the LRE mandate. Group three will cover FAPE Expectations: 1. Read the content handout individually. 2. In your group share and record, on chart paper, the facts that stood out to you. 3. Share your groups findings with the entire group.

Application/Content to Practice
1. Within your group designate a moderator. 2. The moderator will ask questions to generate conversations about typical questions the regular education teachers may have about the IEP process, their rights as educators working with students with IEPs, and their legal responsibilities to the students with IEPs.

Assessment
Group yourselves according to grade level:
Kindergarten and First Second and Third Fourth and Fifth

Read the IEP individually.

Brainstorm, as a group, ideas for modifications you can use with the student in your classroom.

Questions