Teach Effectively!

Over on EdWize (the United Federation of Teachers’ blog), Cheryl M. Richardson has a post about purported changes in the IEP procedures that sound at least alarming if not illegal to me. She explains that IEPs could be conducted without teachers. How could NY do this?

The New York State Education Department has proposed that IEP meetings be conducted without the participation of the special and general education teachers or members of the IEP team, - the social worker, psychologist, and related service providers. This change, if voted on, would mean that a child’s IEP could be changed without the knowledge of the participants stated previously. As a special education teacher, as well as, a parent of a child with an IEP, this is an outrage!

Could NY be seeking some special exemption from IDEA? I think the law is pretty explicit about the composition of the IEP team. Here’s the US Department of Education’s description of the changes in description of the team based on the 2004 reauthorization:

1. Revises language regarding members of the IEP team.
The term “IEP team” means a group of individuals composed of:
• The parents of a child with a disability;
• Not less than one regular education teacher of such child (if the child is, or may be,
participating in the regular education environment);
• Not less than one special education teacher, or where appropriate, not less than one
special education provider of such child;
…[more]….

There are two situations where the team can differ: when the (a) topic of the meeting is not relevant to that person’s expertise (curriculum area or such) and (b) when the person submits written input. Both conditions require the parents and local education agency to concur about the team member not attending.

I searched the New York State Deparment of Education for a policy document on this change, but didn’t find one. If someone has further information about the proposed change, please let me know.

Link to Ms. Richardson’s post. Download a PDF of the US ED document from which I quoted.