Skip to main content
Full Menu Close Menu

Copies of IEPs

Chapter 408

The IEP describes the school’s obligation to provide specially designed instruction as well as related and other support services to students with disabilities. To achieve the full benefit of the IEP planning process, school personnel responsible for implementing students’ IEPs must understand their responsibilities and have the IEPs readily available. Chapter 408, a state law, and its implementing regulation spell out how to do that.

General education teachers, special education teachers, and related service providers, prior to implementation:

  1. must be informed of their responsibility to implement the recommendations on the IEP, including the responsibility to provide specific IEP-mandated accommodations, program modifications, supports, and/or services, and
  2. must receive a paper or electronic copy of their students’ IEPs if responsible for implementing a service, accommodation and/or program modification.

Paraprofessionals, prior to implementation:

  1. must be informed of their responsibility to implement the recommendations on the IEP, including the responsibility to provide specific IEP-mandated accommodations, program modifications, supports, and/or services, and
  2. must be provided the opportunity to review the IEPs of the students they serve.

Additionally, paraprofessionals must have ongoing access to the IEP.

A school does not meet the requirements of the law by disseminating lists of students requiring test accommodations or summaries of IEPs such as "IEP at a Glance."

Teachers of students who have been declassified and who continue to receive accommodations, modifications and/or other support services must receive a copy of the student’s last IEP.

Confidentiality

The Federal Educational Rights and Privacy Act (FERPA) allows schools to disclose personally identifiable information in a student’s education records, including the student’s IEP, to school personnel with “legitimate educational interests.” While an IEP contains important instructional information that teachers, related service providers, paraprofessionals, and others need to know to implement the IEP, it may also contain sensitive personal information about the student. Teachers, related service providers, paraprofessionals and other school staff who have access to IEPs must ensure that student IEPs remain confidential and are not disclosed to any other people.

School districts that provide electronic copies of the IEP, such as through SESIS, are required to implement security systems to prevent unauthorized internal and external access to students’ IEPs. SESIS maintains a record of every time the IEP is accessed. School staff who are not connected with a student should never use SESIS to access the student’s IEP.

The school is responsible for instructing all people who receive copies of IEPs or have access to IEPs regarding their legal obligation to maintain the confidentiality of student records. Personally identifiable student information from the IEP may not be disclosed to others without parental consent.

Special Education Standard Operating Procedures Manual, Topic: General Information and Terms, Chapter 408 Requirements

Providing a copy of the IEP to parents

At the conclusion of the IEP team meeting, the case manager is responsible for finalizing the IEP and handing a copy to the parent. If that is not possible, the case manager must complete, print, and hand the Recommended Special Education Programs and Services page of the draft IEP to the parent AND finalize and send the IEP to the parent within 10 business days. The case manager is typically the school psychologist, if s/he is a required member of the IEP team, or the special education teacher, if the school psychologist is not a required member.

Special Education Procedures Manual, Topic: The IEP Team, Case Manager/District Representative Responsibilities at IEP Meeting

Storage of IEPs

IEPs are confidential documents and printed copies must be kept in locations not accessible by students or staff members who are not responsible for implementing the IEP. While the storage location must not be accessible, this does not necessarily mean that it must be locked.

Resources