Your Classroom Guide to Special Education Law

by
Beverley H. Johns, M.S.
MacMurray College

Contents

1. An Introduction to Special Education Law - 1
2. The Parent–Educator Partnership: A Critical Ingredient for Student Success - 19
3. The Importance of the Collaborative Team: Partnering with Peers, Administrators, and Paraprofessionals - 31
4. Basic Principles of the IEP - 43
5. Supervision and Protection of Students - 63
6. Implementing Appropriate Behavioral Interventions - 73
7. Understanding the Importance of Documentation - 89
8. The Rules of Record Keeping and Confidentiality - 103
9. Using the Team to Make Appropriate Decisions: Avoiding Unilateral Action - 117
10. Presenting a Positive Image: Monitoring Yourself Inside and Outside School - 127

Conclusion - 135
References - 137
Glossary of Key Terms - 143
Appendix Answer Key for Extras and Activities - 153
Index - 159

About the Author

Beverley H. Johns, M.S., is a Professional Fellow for MacMurray College, where she teaches courses on special education law and diverse learners. She has 40 years of experience working with students with learning disabilities (LD) and/or emotional and behavior disorders (EBD) within public schools. Ms. Johns is the lead author of 13 books in the field of education and has presented workshops across multiple countries.

Understanding the Importance of Documentation

Scripts were altered by certain staff members to allow athletes to continue playing football. Consequently, the school stripped access to student records from several employees. It is critical that team members are careful about documentation, especially with web-based IEPs where numerous individuals access those documents. Changes to an IEP should not occur without scheduling an IEP meeting or seeking permission from the IEP team members, including parents.

TYPES OF DOCUMENTATION

There are primarily three types of documentation that you will keep:

1. Classroom Process Notes: Notes about students, behavior trends, and attendance records that help track progress and identify patterns.
2. Communication Logs: Documentation of interactions with parents and colleagues, including details of requests for evaluations and follow-up communications.
3. IEP Documentation: Records related to IEPs and support plans, including observations during assessments and data collection related to behavior intervention plans (BIPs).

BASIC PRINCIPLES OF THE LAWS AND REGULATIONS REGARDING DOCUMENTATION

The Family Educational Rights and Privacy Act (FERPA) of 1974 governs the maintenance and release of student records. Schools must provide opportunities for parents to inspect educational records, and parental consent is required for evaluations and services provided.

Specific requirements are needed for documenting the determination of eligibility for a child suspected of having a learning disability. Written notice must be provided to parents whenever changes are proposed, and meetings must be scheduled conveniently for all parties involved.

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