In a ruling that applies to school districts statewide, the State Education Department has ordered the New York City Board of Education to provide copies of student Individualized Education Programs to appropriate staff members and make sure that paraprofessionals have access to relevant information.

The order, which must be implemented by May 15, came after the United Federation of Teachers, NYSUT's affiliate in NYC schools, filed a complaint alleging failure by the city board to comply with IEP dissemination requirements from the state Board of Regents in 2003.

A UFT survey last fall found that nearly one-third of the city's 1,400 schools were not providing appropriate staff members with copies of IEPs, which establish goals for students classified with special needs. UFT chapter leaders from 549 schools reported that paraprofessionals did not have access to the IEPs of special ed students they worked with.

A state investigation confirmed the UFT's allegations. When SED conducted its own sample of 100 elementary, middle and high schools, it found approximately 57 percent of the schools did not provide appropriate staff members with a copy of the document. In approximately 12 percent of the sampled schools, paraprofessionals did not have access to IEPs.

"We're talking about the basic pages that direct staff how to instruct students," said Carmen Alvarez, UFT vice president for special education. "People responsible for implementing IEPs were not properly informed."

How can a teacher meet a student's need if she doesn't know those needs, asked chapter leader and ESL teacher Katie Kurjakovic of PS 11, Queens.

"Our special students see several teachers every day and they deserve to get the appropriate services they need from each teacher," she said, "not just from their classroom teacher."

State Ed agreed to the union's proposed resolution of the violations and directed that:

• DOE notify principals about their obligation to implement the IDEA requirements;
• DOE provide a list of schools that Integrated Service Centers visited during a one-month period to verify that schools are in compliance; and
• Sampled schools found non-compliant must submit the date appropriate staff members were provided a copy of the student's IEP and a copy of the school's procedure explaining how staff were fully informed of their responsibility to implement the IEP.

The city press picked up on the story. In the Daily News, Kim Sweet of Advocates for Children described the IEP as a "road map," saying, "If you don't give a teacher a road map, then the teacher is driving blind."

NYSUT, which has long supported the goal of access, has worked closely with State Ed to help open up access to IEPs without compounding paperwork for special education teachers or support staff.

NYSUT Vice President Maria Neira noted that making paper or electronic copies of the IEP available is the school district's responsibility — not the teacher's.

Neira said the SED ruling underscores the need for the department to modify regulations in the latest reauthorization of the federal Individuals with Disabilities Education Act.

Under those regulations, teachers can be excused from IEP meetings — and changes made to a student's IEP after the annual review meeting — as long as the parent agrees. NYSUT strongly believes these changes are not in the best interest of students.

For details on the IEP regulations, go to http://www.nysut.org/. NYSUT has also set up an online process for local union leaders to report concerns with implementing IDEA regulations.

— Sylvia Saunders