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Teachers could be excluded from IEP meetings New IDEA provisions could force special ed restrictions
March 3, 2005 Students learn to bowl at a New Paltz elementary school in this 2002 photo. Teachers and others could find themselves shut out of the process for planning what's best for special-needs students under a key provision of the new Individuals with Disabilities Education Act. Signed into law by President Bush in December, the latest version of the federal law governing special education allows teachers and other members of the Individualized Education Program team to be excluded from an IEP meeting if the parent and school district agree in writing that it's not necessary for the member to attend. An IEP establishes the objectives for educating a student classified with special needs. New York State United Teachers, which has fought to assure all teachers have timely access to the IEP for their classified students, is working to maintain current state law, requiring all members of the IEP team, known in New York as a Committee on Special Education, to attend team meetings. "We believe educators who are directly involved in the student's program and know the curriculum or services to be provided are in the best position to craft the IEP," NYSUT Vice President Maria Neira explained. Under the new provision, team members can be excluded whether or not their area of curriculum or related service is being modified or discussed at the IEP meeting. If it is, the excluded member must submit "written input" to the parent and team before the meeting. "Input" is no substitute for participation, Neira pointed out, "because it does not allow for the interaction and discussion that occur in an IEP team meeting." Neira urged NYSUT members to turn out for a pair of public comment sessions sponsored by the State Education Department March 9 in Albany and March 16 in Batavia in western New York . A third SED hearing was held earlier this month in New York City . Among other provisions in the newest version of the 25-year old IDEA: • Highly qualified special ed teachers — Meeting the "highly qualified" standard might be a challenge for some special education teachers who didn't major in a basic discipline such as English, math or science before beginning their careers. Under the new IDEA — as with the federal No Child Left Behind Act — these teachers must be highly qualified in special education as well as every subject they teach. Although most provisions of the new IDEA take effect July 1, this section is now in effect. NYSUT is working with the State Education Department to resolve the issues raised by IDEA and the new state certification regulations. • Discipline — The new IDEA provides schools with more flexibility in how they can discipline students with disabilities. Students who inflict "serious bodily injury" can be removed to an alternative setting for up to 45 days without regard to whether the behavior is determined to be a result of the student's disability. • Lack of parental consent for services — Schools districts will lose their right to challenge parents who refuse special ed service for their children. As a result, students with significant behavioral and learning needs will not receive appropriate services. • Cutting paperwork — Teachers could benefit from a measure that sets up a 15-state pilot project giving participating states a chance to identify ways to reduce paperwork and administrative chores that cut into teaching time. — John Strachan |
NYSUT is preparing an Information Bulletin on the IDEA, which will be available shortly at www.nysut.org. The full text of the law reauthorizing the IDEA is available at www.vesid.nysed.gov/
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