So I started my new job.... I'm in a Special Ed room...I'm one of two Special Ed rooms at the school. There is also what they call a "therapeutic classroom" for students at the school which is NOT considered a special ed. Obviously it's for students who have emotional disabilities. This classroom consists of both regular ed. and special ed. students. The teacher (certified in both elementary and special ed) in this room mentioned to me that I will be writing all of her students' IEPs and not her. I asked her why and she didn't really have an answer and said that that's how it's always been at the school and she has NEVER written an IEP in her life (please note this was not her decision...but I guess the special ed. director). The Special Ed. teacher (who I replaced) did all of their IEPS last year even though she did not teach them. So I'm writing IEPs for my classroom as well as a classroom that I don't even teach in. I don't really understand how I'm suppose to write IEPS and progress reports for students I don't teach. Is this even legal? Any advice? Thoughts?
It's probably best to ask someone local because things are done so differently everywhere. I would guess that this teacher is not writing IEPs because since the program is considered gen ed, she's a gen ed teacher. It may have something to do with funding. Even if she's certified in sped too, if she's being paid out of the gen ed "pot" and considered a gen ed teacher, they can't have her doing sped responsibilities. We have several EBD students at my school who are really high academically and only receive mental health services with their IEPs. I never work with them in my resource room because they don't need academics, but I have to be the case manager because my state won't let a psych be a case manager/stand alone on an IEP. IMO it's a dumb rule and it's irritating to write IEPs for kids I never see. I end up just getting all the info from their gen ed teacher and psych and writing it into the IEP. Even if she's not writing it, I would tell the "therapeutic classroom" teacher that you're going to need heavy involvement/support from her in order to write the IEPs.
I would suspect that it is legal for you to be the one inputting the IEP or writing it down since IEPs aren't supposed to be "written" by a teacher or a school but by the team at the IEP meeting although many schools have teachers write the drafts ahead of time. So, as long as the proper people are attending the IEP meeting and the IEP is not something that is just handed to the parent to sign, I don't know of any law that says the person responsible for putting pen to paper or fingers to keys must be the special education teacher of the student. However, in the meeting the special education teacher of the student must be in attendance unless the entire team excuses that person.
I would think it's legal. Our special ed teacher don't teach students, (they don't have classrooms), but they write all the IEPs, pull some of the kids out to work with them, test them, etc, and organize and hold meeting and do all paperwork necessary. However, that other teacher should write the IEPs, she's special ed, so why not?? IT would make more sense anyways.
If I were you I would find a loop hole to get her to write the IEPs since she is sped cert. otherwise I see this as a way for people to use you when it's not necessary. She legally can write the IEPs.
In my school board, the Special Ed teachers write all IEPs, in consultation with the classroom teacher. In other boards around me, classroom teachers write them.
This is the way it's done in my district as well. The special ed teachers are the ones that actually input the data into the program, but the general ed teacher helps to come up with the IEPs.
If this lady is not your boss/supervisor, I would talk to your boss/supervisor and ask if this is part of your role. Just because this is how it was done in the past, doesn't mean 1) it's the truth and/or 2) how it is supposed to be.
We have special Ed case managers for students who are served in the general education classroom. The special Ed case manager is responsible for IEPs and testing related to IEPs, even though they may not ever see the student, depending on the disability and services received.
