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TUHSD > > For Staff > Special Ed > Teacher Handbook > Legal Issues

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SPECIAL EDUCATION SERVICES: Teacher Handbook

LEGAL ISSUES

• Federal Law
• IEP vs. 504
• Teacher’s Legal Responsibilities
• The Referral Process

FEDERAL LAW
Federal Law states that all students have a right to the following:

• Free appropriate public education (FAPE)
• Placement in the least restrictive environment
• Supplementary aids and services if deemed appropriate
• Fair assessment procedures
• Individualized Education Procedures
  
  • IEP meeting and IEP goals
  • IEP implementation (accommodations/modifications)
• Due Process Procedures

IEP vs. 504

Individualized Education Plan (IEP) A written individual education program (IEP) is required. Related services that may help a student benefit from special education are required. Students who qualify have a disability in one of the 13 qualifying conditions (click here for examples). Case Manager is the assigned special education teacher.

504 Plan A plan describing placement and services is required, but an IEP is not. Services for all students must be equal. A school may provide general or special education to ensure equality, but additional services are not required. Students who qualify have a physical or mental impairment that substantially limits one or more major life activity. The case manager is the assigned counselor.

Teacher’s Legal Responsibilities

• Provide classroom interventions prior to referral
• Refer students suspected of disability to counselor
• Attend IEP meetings
• Implement IEP (goals, accommodations, modifications)
• Serve all IEP and 504 students (no legal limit in number of these students in classes)
• Maintain confidentiality

REFERRAL PROCESS

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