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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87219
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer Question

Can teachers note that the curriculum is altered or a student is in a special education program on the general education report card? (The equivalent of an IEP report card is sent home detailing progress.)
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

This depends. Can you please tell me:

1) Are you the teacher or the student?
2) Do you WISH for the notation to be there or not?
3) What are you hoping to achieve here?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

I am the director of our special education program at a Catholic school. I am hoping to clarify in writing to my teachers that any identifying information about a child's special needs should not go on the general education report card. Furthermore, I would like to clarify to them that the child should be graded on his individualized goals.


 


 

Expert:  Ely replied 1 year ago.
Thank you.

Since you are a private school, then this is a private program, and not IEP, or a 504 plan, etc, correct?
Customer: replied 1 year ago.

Yes. But, some of our students are receiving services via ISP services which are provided through proportionate share monies, and some students have 504s. In addition, some of our students transfer to public schools and apply to public high schools. All students in the program have been diagnosed with a disability (no one is allowed into the program just because they are working below average).


 


(All of our students with ISPs and 504s have been determined eligible for special education services through the local public school. Parents waive the right to an IEP, then we write an ISP.)

Expert:  Ely replied 1 year ago.
Thank you.

In a guidance letter issued by the Office for Civil Rights - U.S. Department of Health and Human Services on October 17, 2008 In Re: Report Cards and Transcripts for Students with Disabilities, 108 LRP 60114 (OCR 2008), the Office for Civil Rights states that:

references to special education services received by a student are acceptable on report cards intended for parent use in measuring student progress, but not acceptable on transcripts as they may be disclosed to employers and post-secondary institutions.

This includes both formal and informal programs.

Opinion: here.

Ergo:

Can teachers note that the curriculum is altered or a student is in a special education program on the general education report card? (The equivalent of an IEP report card is sent home detailing progress.)

Yes. But, not on formal transcripts sent to third parties.

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