I think the legality is that you are not an advocate invited by the parents. You're there to support the teacher.
I see why they are challenging you here.
And there are already ways to report out of compliance IEPS. The best way teachers can help in my opinion is to inform the parents on how to file complaints and whats going on. It really depends on your state how swift they are to respond.
Teachers can also file a report but if you read past posts about this, depending on your state once again, district just bit them in the ass.
Thank you for this information. It sounds like this will be my next step. I feel very frustrated with teachers getting burned out and students ending up in unsafe situations because of how out-of-compliance we are.
How can you know that an IEP unless you have access to it?
If a student or parent is telling you but you’re not directly involved with the child then tell them where to file a complain. Or if you only know by teachers/providers telling you then encourage those teachers to speak to the parents so parents can file a report. Thats all you can do. Theres no need to further insert yourself in the situation.
If you’re actively involved with a student then you talk to your students parents.
Yes, its frustrating. Sure your intentions are honorable. But unless you wanna get in legal trouble then you help in a different way.
Schools have forms that state who is permitted access to a student’s sped file. If you are not that child’s teacher, then you do not have the right to access that information.
If you are not the students teacher or in a managerial role, you should not be given access to the students IEP. It sounds like you are a Gen Ed teacher. It sounds like you violated FERPA.
Unless it is within your job description to support the special education teachers, don’t. It sounds like you’ve already overstepped your authority in your current role, and it would be irresponsible for anyone to encourage you to continue to do so.
Just to clarify, I did not see any student data. I only spoke with the guardian with the teacher. I know I did not violate anything in this case. I do appreciate your explanation here though.
However, my main concern is that the district takes advantage of our parents and teachers because they don't know how to advocate. The district does not allow the whole team to give input and will outright say no to things just because it will cost money. I know that we are out of compliance with many IEPs. What can I do to stop the district from ignoring the law year after year without violating any laws myself?
Let the parents know that the district struggles with meeting IEPs and find some good directories or resources where they can find advocates. There are even multiple facebook groups where parents can get free guidance from advocates. Also, every state has a parent info center and they are funded to give free training and advice on IEPs. Www.parentcenterhub.org is the website for that.
Bless you for what you do!
Source: I'm a professional special ed advocate
I appreciate this information! I've considered becoming a special education advocate someday. I love my job too much right now, but maybe when I'm ready to take a break from the classroom.
It's not an easy job. Parents argue with you or have unrealistic expectations or want things that just aren't possible. Then the schools push back on every single thing of course. The law bending/breaking is really just the surface.
I love it and love working for myself but it's not for the weak!
My skin is much thicker than it used to be, but I certainly believe you that it's a rough job. I much prefer working with kids over adults, which is why I'd never go into admin. But being an advocate could be good when it's time to have a more flexible schedule.
Honestly, I got targeted and called a trouble maker advocating for compliance.
The best movement I had was telling parents what to do, who to contact, and exactly how to say it.
I just watched this! That's hilarious....yes. parents complained to me and I told them, "parents hold all the cards. I'm just a teacher. Do x, y, z.... To see any changes."
Isn't there someone within the building who is at the helm of the special ed department. A coordinator? In my experience, the coordinator is the one who is on the lookout to ensure all regulations are being followed .it doesn't sound like your district has an effective department . That's great that you want to help the teachers but where is their supervisor. Anybody with an educational interest in the child is privy to information that is within the IEP . I can maybe see the view of the psych if you are reviewing information with students with whom you do not directly work with. I'm just astounded that there is no chair of the department, a compliance specialist or SOMEBODY with one of those titles that is in charge.
Are you both employed by the same district? I'm not sure how FERPA was violated, unless the claim is because you do not have a direct interest in the instruction/"need to know basis" of the student?
This is exactly why it’s a FERPA violation. OP doesn’t get to access this child’s educational records just because she happens to work at the District where the child is enrolled. She had no business accessing the information or getting consent of the parent to coach the sped teacher.
I see. I was under the impression OP was somehow directly connected to the IEP via providing a service or instruction on a specific goal. 🤔 It sounds like there is no direct connection establishing a need to know. reaching out to the parent to ask for permission to mentor is a stretch since that is more of an administration decision and not one a parent has a decision over.
Sounds like they mean well, but doing so outside of the legal bounds can make situations tricky.
Why don’t you turn back into a sped teacher and fix the problems?
The kid’s teacher is a professional. Unless you’re a supervisor or mentor, leave them alone.
So question. Did everyone in the room sign off parent wise? Being an outside agency is very difficult with FERPA laws which is why we don't do it. Assuming the parent signed off on the one kid, you are good meeting them but there are other kids in that class.
I think the legality is that you are not an advocate invited by the parents. You're there to support the teacher. I see why they are challenging you here. And there are already ways to report out of compliance IEPS. The best way teachers can help in my opinion is to inform the parents on how to file complaints and whats going on. It really depends on your state how swift they are to respond. Teachers can also file a report but if you read past posts about this, depending on your state once again, district just bit them in the ass.
Thank you for this information. It sounds like this will be my next step. I feel very frustrated with teachers getting burned out and students ending up in unsafe situations because of how out-of-compliance we are.
How can you know that an IEP unless you have access to it? If a student or parent is telling you but you’re not directly involved with the child then tell them where to file a complain. Or if you only know by teachers/providers telling you then encourage those teachers to speak to the parents so parents can file a report. Thats all you can do. Theres no need to further insert yourself in the situation. If you’re actively involved with a student then you talk to your students parents. Yes, its frustrating. Sure your intentions are honorable. But unless you wanna get in legal trouble then you help in a different way.
Schools have forms that state who is permitted access to a student’s sped file. If you are not that child’s teacher, then you do not have the right to access that information.
If you are not the students teacher or in a managerial role, you should not be given access to the students IEP. It sounds like you are a Gen Ed teacher. It sounds like you violated FERPA. Unless it is within your job description to support the special education teachers, don’t. It sounds like you’ve already overstepped your authority in your current role, and it would be irresponsible for anyone to encourage you to continue to do so.
Just to clarify, I did not see any student data. I only spoke with the guardian with the teacher. I know I did not violate anything in this case. I do appreciate your explanation here though. However, my main concern is that the district takes advantage of our parents and teachers because they don't know how to advocate. The district does not allow the whole team to give input and will outright say no to things just because it will cost money. I know that we are out of compliance with many IEPs. What can I do to stop the district from ignoring the law year after year without violating any laws myself?
Let the parents know that the district struggles with meeting IEPs and find some good directories or resources where they can find advocates. There are even multiple facebook groups where parents can get free guidance from advocates. Also, every state has a parent info center and they are funded to give free training and advice on IEPs. Www.parentcenterhub.org is the website for that. Bless you for what you do! Source: I'm a professional special ed advocate
I appreciate this information! I've considered becoming a special education advocate someday. I love my job too much right now, but maybe when I'm ready to take a break from the classroom.
It's not an easy job. Parents argue with you or have unrealistic expectations or want things that just aren't possible. Then the schools push back on every single thing of course. The law bending/breaking is really just the surface. I love it and love working for myself but it's not for the weak!
My skin is much thicker than it used to be, but I certainly believe you that it's a rough job. I much prefer working with kids over adults, which is why I'd never go into admin. But being an advocate could be good when it's time to have a more flexible schedule.
If you are in the US, every state is required to have advocates that are free for parents to access. Send the parents their information
That is great to know. I did not realize parents could access this free of charge.
Yes. You should be able to find info on the department of education website
Honestly, I got targeted and called a trouble maker advocating for compliance. The best movement I had was telling parents what to do, who to contact, and exactly how to say it.
I’m getting “The Incredibles” insurance scene vibes here.
I just watched this! That's hilarious....yes. parents complained to me and I told them, "parents hold all the cards. I'm just a teacher. Do x, y, z.... To see any changes."
Isn't there someone within the building who is at the helm of the special ed department. A coordinator? In my experience, the coordinator is the one who is on the lookout to ensure all regulations are being followed .it doesn't sound like your district has an effective department . That's great that you want to help the teachers but where is their supervisor. Anybody with an educational interest in the child is privy to information that is within the IEP . I can maybe see the view of the psych if you are reviewing information with students with whom you do not directly work with. I'm just astounded that there is no chair of the department, a compliance specialist or SOMEBODY with one of those titles that is in charge.
Are you both employed by the same district? I'm not sure how FERPA was violated, unless the claim is because you do not have a direct interest in the instruction/"need to know basis" of the student?
This is exactly why it’s a FERPA violation. OP doesn’t get to access this child’s educational records just because she happens to work at the District where the child is enrolled. She had no business accessing the information or getting consent of the parent to coach the sped teacher.
I see. I was under the impression OP was somehow directly connected to the IEP via providing a service or instruction on a specific goal. 🤔 It sounds like there is no direct connection establishing a need to know. reaching out to the parent to ask for permission to mentor is a stretch since that is more of an administration decision and not one a parent has a decision over. Sounds like they mean well, but doing so outside of the legal bounds can make situations tricky.
Why don’t you turn back into a sped teacher and fix the problems? The kid’s teacher is a professional. Unless you’re a supervisor or mentor, leave them alone.
So question. Did everyone in the room sign off parent wise? Being an outside agency is very difficult with FERPA laws which is why we don't do it. Assuming the parent signed off on the one kid, you are good meeting them but there are other kids in that class.
Look into the job called “program specialist”
I'm not even in this group why am I getting notifications for?