In accordance with New York State Law, the Pupil Personnel Services Department (PPS) will provide a copy of or electronic access to the Individual Education Program (IEP) to each general education teacher, special education teacher, related service provider and other service provider who is responsible for its implementation as soon as practicable after a Committee on Special Education or Committee on Preschool Special Education meeting, and prior to the time that services are to commence.
In addition, individuals responsible for implementing an Individualized Education Services Program (IESP) (for New York State resident students placed by their parents in nonpublic schools located in the District) or Services Plan (SP) (for out-of-state resident students placed by parents in nonpublic schools located in the District) must, prior to the implementation, fully understand the scope of their responsibility and the specific accommodations, modifications, supports and/or services to be provided. All references to confidentiality of IEPs set forth below will also apply to IESPs and SPs.
A copy of the IEP/IESP/SP must be given as a print copy or electronic copy that is readily accessible to all educational providers. All educational providers must read and review each IEP, IESP or SP and submit written verification of such to the Director of PPS/designee.
All staff who receive a copy of the IEP must be informed that the IEP is a confidential document and that it shall not be disclosed to any other person except as permitted by the Individuals with Disabilities Education Act (IDEA), the Family Educational Rights and Privacy Act (FERPA) or other federal or state laws.
The Director of PPS will designate a member of the professional staff who must, prior to the implementation of the IEP, inform each teacher, teaching assistant, and support staff person of their responsibility relating to the implementation of the IEP and the specific accommodations, modifications and supports that must be provided for the student.
The individuals responsible for implementing an IEP must, in turn, ensure that all supplementary school personnel (i.e., teacher aides and teaching assistants) and other providers responsible for assisting in IEP implementation are given the opportunity to review the IEP prior to program implementation as well as have ongoing access to the IEP.
Education and related service providers are prohibited from making a disclosure of IEP information to any other party except for other education and related service providers who have a role to perform in developing the requirements of the student’s IEP, as well as to personally present at CSE or CPSE meetings regarding such student.
Cross-ref:
4321, Programs for Students with Disabilities
5500, Student Records
Ref:
Individuals with Disabilities Education Act (IDEA), 20 USC §§1400 et seq.
Family Educational Rights and Privacy Act (FERPA), 20 USC §1232g; 34 CFR Part 99
Education Law §4402(7)
8 NYCRR §§200.1(hh); 200.2(b)(11); 200.4(e)(3); 200.16(e)(6)
New York State Education Department, Vocational and Educational Services for Individuals with Disabilities (VESID), SED Guidance Document, Providing copies of the IEPs for Students with Disabilities, May 13, 2003 (https://www.p12.nysed.gov/specialed/publications/policy/chap408final.pdf).
Adopted: December 1, 1995
Amended date: June 22, 2009
Amended date: September 26, 2016
Amended date: August 28, 2023
Reviewed date: March 7, 2024