Your Classroom Guide to Special Education Law

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

Contents

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

Conclusion

References

Glossary of Key Terms

Appendix Answer Key for Extras and Activities

Index

About the Author

Beverley H. Johns, M.S., is a Professional Fellow for MacMurray College, where she teaches courses on special education law, emotional and behavior disorders, and diverse learners. She also teaches a class on autism at Illinois College. In addition, she is a learning and behavior consultant with 40 years of experience working with students with learning disabilities and/or emotional and behavior disorders within the public schools. She has authored and co-authored several books in the field of education including textbooks and resources for educators.

Understanding the Importance of Documentation

Scripts related to documenting have to be followed rigorously, especially when handling IEPs. It is crucial that team members are careful about their documentation, especially with web-based IEPs. Important notes to consider include:

• Changing information on an IEP must involve the entire IEP team, including parents, and should not be done without agreement.
• If there is an inaccuracy in a record, inform the administrator and document the conversation.

Types of Documentation

There are primarily three types of documentation:

1. Classroom Notes and Logs: Documenting attendance, behavior, and other important notes about students’ progress.
2. Record of Communication: Keeping written records of interactions with parents and colleagues regarding student evaluations or special needs.
3. IEP and Support Plans Documentation: Tracking accommodations and interventions as part of IEP strategies.

Basic Principles of the Laws and Regulations Regarding Documentation

The Family Educational Rights and Privacy Act (FERPA) governs the maintenance and release of educational records. Compliance with regulations entails maintaining both permanent and temporary records:

• Permanent Records: Grades, transcripts, etc.
• Temporary Records: IEPs, discipline records, etc.

Parental consent is needed for evaluations and provision of special education services. Schools must create a detailed notice for parents whose children are being evaluated or placed. Recordkeeping of communications with parents about evaluations or changes in services must be documented accurately.

Just 3 X 5 It: A Mnemonic to Help You Remember

Conclusion

Documentation is vital in special education law, aiding not just in the protection of the student but also the educator by ensuring all actions taken are legally sound and well-recorded.