“So no one told you life was gonna be this way . . . Your job’s a joke, you’re broke, your love life’s DOA.” This one is for all you Gen X and Millennials out there. Who can forget the iconic sitcom Friends (especially with the recent and unfortunate passing of Matthew Perry) and its memorable theme song by the Rembrandts? Just as the theme song reminds the listener of the friends who will be there for you, we are here to remind general education teachers of their responsibility to be there to support special education students and students with disabilities. One of the primary complaints we have heard lately from administrators is the lack of support for special education from the general education staff. Many times general education teachers quip “that is a special education problem, not my problem.” However, general education teachers are tasked with many legal obligations to students with disabilities similar to special education teachers.
For example, general education teachers have a responsibility to implement students’ behavior intervention plans (BIPs) and individualized education programs (IEPs). This includes tracking program accommodations and also student refusals. It is critical that school districts ensure general education staff have access to students’ IEPs and BIPs. It is not uncommon to hear that general education staff were unaware of a student’s BIP or how to appropriately track the data. District administration should review internal procedures to determine who is responsible for sharing students’ IEPs and BIPs with appropriate staff.
General education teachers also have child find obligations if the District has reason to suspect a disability. Red flags that should alert teachers to suspect a disability include: academic performance, behavior issues, attendance/truancy, and changes in student attitude. It is common for general education teachers to simply forget about potential child find obligations when the child is advancing from grade to grade or the child is really smart.
In addition to implementation and child find obligations, general education teachers may also be asked to serve on a student’s IEP team. One regular education teacher must be in attendance at a student’s IEP meeting as a mandatory participant. General education teachers are critical as IEP team members as they can speak to the student’s placement and progress in the general education classroom. An area of compliance we see schools struggle with is inappropriately excusing the general education teacher from the IEP team meeting. (ex. General education teacher is the volleyball coach and only attends a portion of the meeting until volleyball practice starts.) The IDEA provides very specific rules for excusing IEP team members. In general, the same general education teacher must be present for the entire meeting. A team member may be excused if parent and public agency agree, in writing, that the attendance of the member is not necessary because the member’s area is not being modified or discussed and the member submits, in writing, input into the development of the IEP prior to the meeting. 34 CFR 300.321 (e).
Both Nebraska and South Dakota schools have seen increased state special education complaints over the last year. In order to combat these complaints, we recommend school administrators consider professional development trainings that discuss topics such as “Special Education for General Education Teachers.” We have several staff in-services prepared regarding these topics and are happy to schedule an in-service with your District. To reach out to schedule an in-service or ask any questions related to special education, do not hesitate to contact us all at 402-804-8000 or by sending all of us an email at ksb@ksbschoollaw.com.