Monday, June 19, 2017

Privacy Laws: Substitutes and IEPs

In my recent piece on criminalization of autistic children, I wrote: 
The prosecutor's office told me they could not discuss the case because Ashton was a minor. The school district told me they could not discuss any individuals because of federal privacy law (namely the Family Educational Rights and Privacy Act, or FERPA), and did not respond to a follow-up email asking to discuss the conditions in the district for children with IEPs and 504 plans more generally. The Student Press Law Center notes that privacy laws are often used to protect institutions from having to comment to the press, rather than protecting individuals, and that seems to be the case here.
I'm going to be following up on this. One issue that emerged in the interviews and the comments related to whether substitutes can see IEPs/504s. Schools frequently defend their poor responses to behaviors by saying subs didn't know ... but they must know.
Your school administrators may incorrectly believe the IEP is confidential.
If so, the administrator thinks he cannot release it to teachers and other staff members. This is not true.Schools can release confidential information about your child to anyone at school who has a genuine need for that information.
From the Federal Special Education Regulations –
34 CFR 300.323 (d) Accessibility of child’s IEP to teachers and others.  Each public agency must ensure that-
(1) The child’s IEP is accessible to each regular education teacher, special education teacher, related services providers, and any other service provider who is responsible for its implementation; and
(2) Each teacher and provider described in paragraph (d)(1) of this section is informed of-
(i) His or her specific responsibilities related to implementing the child’s IEP; and
(ii) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.
We need to reclaim privacy laws and use them to protect individuals, not institutions.


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