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(4.43) Can I put the name of a particular teacher or a particular classroom in the IEP?

(4.43) Can I put the name of a particular teacher or a particular classroom in the IEP?

No. You do not have the power by yourself to require that the district provide its services from a particular person or in a particular classroom. However, the IEP team does have the legal authority to do so with the agreement of both the district and parent. The district must provide “that unique combination of facilities, personnel, location, or equipment necessary to provide instructional services…as specified in the individualized education program…” [5 C.C.R Sec. 3042(a).] Your child’s IEP team must consider these unique factors when determining particular sites or staff. For example, the team should consider the accessibility and location of classrooms when considering whether a particular program is the least restrictive environment. Similarly, the district should consider teachers’ qualifications, such as knowledge of particular languages or techniques, when deciding what site and staff.

In other words, the district must provide services in settings and with people who can meet your child’s IEP goals and objectives. If the proposed classroom or teacher cannot meet your child’s IEP goals, you can ask the district to change them.

In most cases, you should observe the classroom yourself before agreeing to placement, if you have concerns. You can also ask an independent education professional to observe the recommended placement so that you can be sure it is appropriate. If you disagree with your child’s specific classroom assignment, it is best to share your concerns with your district and work together to arrange for another classroom assignment. However, this may not be possible and you may need to use the due process procedures available to you. See Chapter 6, Information on Due Process/Compliance Procedures. The district cannot force you to accept a service or placement without your consent, except through due process. [Cal. Ed. Code Sec. 56346.]