Chapter 408

1. Chapter 408 Adapted from the January 4, 2012 memo to principals posted on Principals’ Weekly

2. Principals’ Weekly January 10, 2012 • Distribution and Implementation of IEPs Under Chapter 408All schools • Everyone in your school who is responsible for implementing IEPs must be provided with paper or electronic copies of IEP documents before they work with a student, in accordance with this memo. Your school should use these forms posted on the intranet to ensure compliance with these IEP distribution requirements, per Section 4402(7) of the New York State Education Law, as amended by Chapter 408 of the Laws of 2002 (“Chapter 408”).

3. Introduction • The purpose of this presentation is to inform schools of their obligation to ensure that those responsible for implementing IEPs are provided with copies of all IEPs prior to implementation of the IEP, in compliance with Section 4402(7) of the Education Law, as amended by Chapter 408 of the Laws of 2002 (“Chapter 408”).

4. The distribution and review of IEPs • The distribution and review of IEPs is mandatory, and the following policy has been created to ensure that schools are compliant with Chapter 408: • The principal shall assign a NYCDOE employee to distribute students’ IEPs to the required individuals, as set forth in section 1 below. • The principal must ensure that teachers and related service providers providing services to the student have access to SESIS, and if they do not have access to functional computers they must be provided with a paper copy of the student IEP. • The assigned individual will be responsible for tracking compliance with this policy, as set forth in sections 2 and 3 below.

5. Implementation • The principal shall designate an individual to ensure that appropriate staff is informed of their responsibility relating to implementation of the IEP in accordance with the following parameters: • The designee must be an employee of the NYCDOE with familiarity of the contents of the student’s IEP (such as the IEP teacher, school psychologist or a teacher).

6. Implementation (continued) • In order to provide flexibility to address workload responsibilities, timeliness, unique needs of the student, and other issues, more than one individual can be designated. For example, the principal may designate the special education teacher to inform paraprofessionals, the school psychologist to inform related service providers, him or herself to inform general education teachers, and/or related service providers to inform paraprofessionals who assist in the implementation of a related service. • All identified staff must be informed of the designee prior to implementation, to meet and discuss the IEP, and be allowed access to follow up with the designee as questions arise. This process must be followed anytime an IEP is amended or a new one is created.

7. Distribution/ Access • Every teacher and related service provider responsible for implementing a service, accommodation and/or program modification on a student’s IEP must receive a copy of the IEP, prior to the implementation of a student’s IEP. The determination of which teachers must be provided a copy of the IEP should be made at the IEP • meeting for such student. The distribution process must be completed and repeated throughout the year at any time a new IEP is developed or amended. This process should also be followed for newly attending students. The following individuals must be provided with either a paper copy or an electronic copy of the student’s IEP: • The student’s general education teacher(s); • The student’s special education teacher(s); • The student’s related service provider(s); • Teachers of declassified students who continue to receive accommodations, modifications and/or other support services must receive a copy of the student’s last IEP;

8. Distribution/ Access (continued) • Each paraprofessional responsible for assisting in the implementation of a student’s IEP must review and have ongoing access to a copy of the IEP. Such copy may be provided to the student’s special education teacher or provided to the teacher or related service provider under whose direction the paraprofessional or teacher’s aide works; • Any other service provider who is responsible for the implementation of a student’s IEP, including related service providers from agencies who have been identified through RSAs to work with the student; and • The Principal should ensure that teachers have access to functional printers, ink and paper, at the school’s expense.

9. Tracking • Schools should use sample forms referenced below to assist with Chapter 408 Compliance. These forms are posted on the NYCDOE intranet at http://intranet.nycboe.net/SpecialPopulations/Chapter408. • A Verification Report (Attachment 1) must be completed for each student to track overall compliance with this distribution process. • The IEP Distribution and Review Sheet (Attachment 2) must be completed for each student to track distribution of the IEPs. • The IEP Review- Paraprofessionals Sheet (Attachment 3) must be completed for each student to track review of the contents of the IEPs. • These completed forms (or forms containing similar information) must be placed in the student’s confidential file once completed.

10. Confidentiality • As always, student IEPs remain confidential in accordance with the following parameters: • IEPs are not disclosed to any other person(s) consistent with the school district’s policy for ensuring confidentiality of student records. • IEPs must be kept in a secure locked location. • All persons who receive copies of IEPs or have access to IEPs must be instructed regarding their legal obligation to maintain the confidentiality of student records. • Teachers and related service providers who receive a copy of a student’s IEP shall not disclose personally identifiable information from the IEP without consent of the parent.

11. Important Considerations: • SED will look for the presence of the three sample forms provided as an attachment to the memo in Principals’ Weekly. • SED will ask to see the school’s table of organization which details the title of each staff member. • It is essential that the school’s TO also indicate the name and title of the principal’s designee responsible for ensuring compliance with Chapter 408. This designee needs to be a professional staff member who has knowledge of special education, the students with IEPs in the school, and the requirements of Chapter 408. Ideally this designee has administrative status. All staff need to be able to identify the designee to SED. • SED may also ask to see a list of all staff who require access to or copies of IEPs pursuant to Chapter 408.

12. Important Considerations: ( continued) • SED may interview any personnel to whom Chapter 408 applies. Therefore, all related staff (all subject area teachers-both general education and special education--, paraprofessionals and related service providers providing service to students with IEPs) should be able to communicate their understanding of Chapter 408, the manner in which they have access or possession of IEPs, and indicate how they were informed of their responsibilities for implementing the IEP and that they understand these responsibilities. • Paraprofessionals may be asked by SED if they have ongoing access to IEPs upon request and that the IEP has been explained to them within the context of their role in the student’s educational program. • School also needs to indicate how they provide the IEP to the following staff: Substitute teachers, “cluster teachers”, agency providers. • Staff should be conversant about testing accommodations and when they should be provided.

13. Links/Resources Memo to principals • http://intranet.nycboe.net/NR/rdonlyres/0805966A-31F9-4777-8438-4154A7E392A6/0/Chapter408Memo_20120104.pdf Chapter 408 forms posted on the internet • http://intranet.nycboe.net/SpecialPopulations/Chapter408 Section 4402(7) of the new York State Education Law • http://www.p12.nysed.gov/specialed/publications/policy/chap408final.htm