Special Education
June 02, 2003

Copies of Individualized Education Programs (IEPs) To Teachers and Other School Personnel

Download: Complete Bulletin. PDF file.

The individualized education program (IEP) of a student with a disability describes the recommended programs, services and accommodations that must be provided to enable the student to benefit from an appropriate education. School personnel with responsibility for implementing a student's IEP must have this information readily available to them.

Section 4402 of New York State Education Law, as amended by Chapter 408 of the Laws of 2002, requires school districts to provide each general education teacher, special education teacher, related service provider, and other service provider who is responsible for the implementation of a preschool or school-age student's IEP with a COPY of the IEP PRIOR TO the implementation of the educational program. Part 200 of the Regulations of the Commissioner of Education clarifies that a paraprofessional must have an opportunity to review the IEP, prior to its implementation, and have ongoing access to a copy provided to the special education teacher under whose direction the paraprofessional works.

In February 2003, the Board of Regents adopted a revised amendment to Part 200 of the Commissioner's Regulations relating to the provision of copies of individualized education programs (IEPs) to implement Chapter 408. The revised Regulations incorporate changes that address concerns raised by NYSUT regarding certain provisions of the Regulations that were adopted by the Regents in December 2002. These changes clarify the intent of the legislation, as well as reduce the paperwork burden that is imposed on school districts resulting from Chapter 408.

This bulletin provides a highlight of the changes to the revised Regulation and describes issues local leaders should consider concerning a school district's policy and procedures to implement these requirements. Appended to this Bulletin is a document in a question and answer format developed by the State Education Department (SED). This document incorporates NYSUT's suggested changes to an earlier draft. Chapter 408 of the Laws of 2002 and the implementing sections of Part 200 of the Regulations are attached to the SED document.

Download: Complete Bulletin. PDF file.