Applying the Law in the Classroom

Applying the Law in the Classroom: Individualized Education Programs Rikki M. Franklin University of New England

Author Note Rikki M. Franklin is a Special Education Teacher at a middle school in a suburb of Houston, Texas. Correspondence can be emailed to Rikki Franklin, rikkimayerfranklin@gmail.com

Applying the Law in the Classroom According to the IDEA, a teacher does not have the professional right or the discretion to choose which accommodations or modifications he or she will implement from the Individualized Education Plan (IEP). Once the IEP team meets and creates the program, the IEP is a legally binding agreement developed primarily to describe what the school system will do to educate an individual student with a disability and how it will accomplish this. (Hulett, 2009, p. 149) In addition, The IEP is intended to ensure that all necessary individuals are aware of the specific needs, requirements, services, and accommodations deemed essential to meeting the childs individualized educational needs. (Hulett, 2009, p. 145) Mr. Riley, whether he agreed or disagreed with the current accommodations, needs to make a good faith effort to carry out the educational program. (Hulett, 2009, p. 160) Given that Mr. and Mrs. Hundler had evidence of several times when accommodations were not honored and that Mr. Riley made his opinions about the current IEP well known to the committee, he did not demonstrate good faith regarding Brooks current IEP. Furthermore, Mr. Rileys comment about the 26 other students in the class was inappropriate given that the meeting is to discuss the needs of Brooks. If I had the opportunity to discuss this with Mr. Riley, I would first point out that he had a legal obligation to honor the current IEP. Prior to the current meeting, Mr. Riley should have documented accommodations so he would be able to confirm or deny the specifics. (Hulett, 2009, p. 161) Mr. Riley should have discussed his concerns with a member of the current IEP committee (i.e. parent or special education teacher) who could evaluate all information and data to determine if there was a need to revise the current IEP. (Hulett, 2009, p. 145)

Applying the Law in the Classroom As a special educator, I would advise Mr. Riley to honor all IEPs as written and document all observations and progress that Brooks as well as other special education students are making in his class. If there is enough data to support that Brooks may or may not be successful without current accommodations, then perhaps changes can be made. However, until the committee formally convenes to make this decision, Mr. Riley needs to make sure he is implementing and documents the current IEP. I would also advise Mr. Riley to keep his opinions to himself regarding Least Restrictive Environment (LRE) and placement during the meeting. Since Mr. Riley did not create or implement the current IEP, he does not have the authority to determine LRE. It cannot be determined that Brooks will not be successful in that environment if the current accommodations are not met. The accommodations are in place to ensure that he will be successful in a general education setting. Had the accommodations been met and Brooks was still not successful, the IEP team would look at all of the data as well as discuss additional accommodations and modifications; possibly leading to a discussion about LRE. Placement is not decided by one individual. (Hulett, 2009, p. 112)

Applying the Law in the Classroom References

Hulett, K. (2009). Legal aspects of special education. Upper Saddle River, NJ: Pearson Education, Inc.