Isn't the teacher supposed to have a copy of the IEP?...

It is the beginning of a new school year and I'm receiving numerous phone calls each day.  A recurring theme of these phone calls is that the teacher either doesn't know that the child has disabilities or knows, but doesn't have access to the IEP.  Some of the more interesting comments I've heard over the past week are:

1.  The teacher would love to see the whole IEP, but administration will only share the parts of the IEP that s/he is required to implement.

2.  Administration will not allow IEPs to leave certain areas, for confidentiality purposes.  The teacher has access to the IEP, but s/he cannot take a copy of the IEP.

In NH, the school district is responsible for providing each teacher and service provider who is responsible for implementing the IEP with a copy of the complete IEP for working and monitoring purposes.  This requirement is mandatory - the district shall provide a copy. 

This is an issue of the administration not complying with the legal requirements for educating a child with disabilities.  The answer to the question "Isn't the teacher supposed to have a copy of the IEP?" is YES! 

So what's a parent to do?  A quick reminder to administration that you are concerned that the teacher has not been given a copy of the IEP is a good first step.  If the teacher is not given a copy within a reasonable time, then call a team meeting to find out how, even without a copy of the IEP, the accommodations and modifications are happening.  If they are not, then consider consulting an advocate or attorney to determine the appropriate course of action. 

I once attended an IEP team meeting when progress reports were due from the district.  In front of the attorney for the school district, the director of special education, me, an advocate, and the parents, the classroom teacher proceeded to ask the special education teacher for a copy of the IEP because he had misplaced his.  He then went down the list of accommodations and modifications, stating "I do that," "I do that, too" as he checked them off.  I wasn't sure if I should call it dumb luck or good teaching, but as was confirmed by an independent consultant the child was receiving the accommodations and modifications he needed in the regular classroom.