Parenting a Child with LD or ADHD

socks, a question

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Joined: Nov 03, 2005
Posts: 69136
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Posted Mar 28, 2002 at 3:04:10 AM
Subject: socks, a question

Just curious, but if a school hires a long term substitute who is unlicensed to teach and puts that person in charge of the resource room, is that in violation of the iep which states that the resource LI teacher is the person to administer the iep? I am not meaning for a day or even a week but for an entire grading period plus. I would have thought yes but I don't know for sure. This came up on an earlier post but wasn't addressed. The parent is having problems with the sub implementing the iep and assigning inappropriate work. Thanks.

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Joined Mar 20, 2019
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Posted:Mar 28, 2002 9:20:15 AM

Okay the IEP team is:300.344 IEP team.

(a) General. The public agency shall ensure that the IEP team for each child with a disability includes—

(1) The parents of the child;

(2) At least one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);

(3) At least one special education teacher of the child, or if appropriate, at least one special education provider of the child;

(4) A representative of the public agency who -

(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(ii) Is knowledgeable about the general curriculum; and

(iii) Is knowledgeable about the availability of resources of the public agency;

(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (6) of this section;

(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

(7) If appropriate, the child.

so technically you can say that the ESE or Sped administrator of the school could possibly be the "provider" of special ed. services.

1. The local educational agency to be eligible for funding must have system in place to make sure they have sped teacher's,this can include awarding a temporary license.
Now at the time the IEP was signed this child had a sped teacher.

The issue to me is more about nonimplemetation of the IEP,not the qualifications of the teacher. You would be hard pressed to claim there wasn't a qualified special education educator if the administration of the school had the license.
You got to remember the IEP means Individual educational program,not plan. Although most people use the term plan it is really program.

And to really make things sticky,if the IEP does not specificly state that the objectives will be fulfilled by a licensed and qualified special education teacher,you really have no recourse.

They get you coming and going,they have had a lot of practice playing the game,don't forget. The best course of action in this situation would be to focus on implementing the IEP that is written. If you could actually get them to admit that the teacher present is not qualified to implement this IEP,then you would have something. So one could call yet another IEP meeting,showing documentation of how the IEP is not being implemented,and force them to either admit it can't be with this teacher,or this teacher will follow it.

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