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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 of IEPs

The confidentiality of a student’s IEP is protected under the Federal Educational Rights and Privacy Act (FERPA), which allows schools to disclose personally identifiable information in a student’s education records only to school personnel with “legitimate educational interests.” While it is crucial for teachers, related service providers, paraprofessionals, and other relevant school staff to have access to IEPs in order to implement them effectively, this information must be handled with the utmost care and discretion. 

Key points on IEP confidentiality: 

  • Restricted access: Only those school staff members who are directly involved with a student’s education and have a legitimate educational interest should access the student’s IEP. 
  • Sensitive information: IEPs may contain sensitive personal information about the student, which must be kept confidential. This information should not be disclosed to individuals who do not have a legitimate educational need to know it. 
  • Electronic access security: School districts that provide electronic copies of IEPs, such as through the Special Education Student Information System (SESIS), must have security systems in place to prevent unauthorized access to IEPs. SESIS records every instance of IEP access, ensuring that only authorized personnel can view these records.
  • Staff Training: Schools are responsible for instructing all individuals who receive or have access to IEPs about their legal obligations to maintain the confidentiality of student records. This includes ensuring that personally identifiable information from the IEP is not disclosed to others without parental consent. 

Maintaining the confidentiality of IEPs is essential to protect the privacy and rights of students with disabilities.

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 ten 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.

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