UNDERSTANDING BASIC RIGHTS LAWS AND REGULATIONS IN SPECIAL

UNDERSTANDING BASIC RIGHTS, LAWS AND REGULATIONS IN SPECIAL EDUCATION Southern Berkshire Regional School District Department of Student Services Content supplied by the Massachusetts Department of Elementary and Secondary Education and the Federation for Children with Special Needs

Special Education Laws and Regulations • Federal • The Individuals with Disabilities Education Improvement Act IDEA • 20 U. S. C. 1400 -1487 • Regulations • 34 CFR Part 300 • State • Chapter 71 B -- Massachusetts Special Education Law • Regulations • 603 CMR 28. 00 Massachusetts Special Education Regulations

Related Laws • The Massachusetts Education Reform Act • Section 504 of the Rehabilitation Act • Chapter 688 of the Acts of 1983 • The Americans with Disabilities Act - ADA

What is the Purpose of IDEA? • “The purposes of IDEA are- • (a) To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; • (b) To ensure that the rights of children with disabilities and their parents are protected; • (c) To assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; and • (d) To assess and ensure the effectiveness of efforts to educate children with disabilities. (Authority: 20 U. S. C. 1400(d) )

Six Principals of IDEA • Parent and Student Participation • Free and Appropriate Public Education (FAPE) • Appropriate Evaluation • Individualized Education Program (IEP) • Least Restrictive Environment (LRE) • Procedural Safeguards

Parent and Student Participation • Parents have the right and are encouraged to be involved as full partners. • Students are the focus of special education and are expected to participate in planning for their own future as much as possible. • The school district is obligated to make strong efforts to ensure parental and student participation.

Free and Appropriate Public Education • Free = At no cost to the parent. • Appropriate = Services sufficient to enable the student to appropriately progress in education and advance toward achieving the IEP goals. • Public = Provided by the public school district or under the direction of the public school district. • Education = Preschool, elementary and secondary education, including extra-curricular and non-academic school activities.

Appropriate Evaluation • An individualized appropriate evaluation is required in all areas related to the suspected disability(ies) • The Team uses the evaluation information to determine if the student has an educational disability • Every three years, the student must be individually reevaluated to determine if he or she remains eligible for special education. • No single assessment should be used as the sole basis for finding a student eligible or ineligible for special education

Initial Referral • A referral can be made by • A parent • Any person in a caregiving or professional position concerning a child’s development • A referral can be made at any time. A school district cannot refuse to do an initial evaluation to which a parent has consented in writing. (34 CFR 300. 301, 603 CMR 28. 04 (2))

Consent for Evaluation • The school district shall send the Evaluation Consent Form to the parent for signature within 5 school working days of the receipt of the referral. • The school district shall complete the evaluation within 30 school working days.

Evaluations Required • Assessment in all areas related to the suspected disability • FBA, • Speech and Language, • Reading, • Occupational Therapy, • Physical Therapy, etc. • An Educational Assessment by a school district representative Optional • Comprehensive Health Assessment • Psychological Assessment performed by: • licensed school psychologist, • Licensed psychologist, or • Licensed educational psychologist • Home Assessment

Evaluations • Language of evaluations must be: • provided in the child’s native language or • other method of communication • in the method most likely to provide accurate information • *unless it is clearly not feasible to do so [IDEA 2004: CFR 300. 304] • Parents may request one evaluation per year in any area of disability or suspected disability • Evaluations continue to be required prior to a finding of no eligibility. • Every three years, the student must be individually reevaluated to determine if he or she remains eligible for special education. • No single assessment should be used as the sole basis for finding a student eligible or ineligible for special education

Evaluation Results • The evaluator shall summarize in a written report: • procedures used, • results, • diagnostic impressions • student’s needs and • offer explicit means of meeting needs • The report shall be made available to the parent at least two days prior to the Team meeting.

Eligibility • Within 45 school working days of receiving the parent’s written consent, the Team shall convene to determine: • Eligibility: Determine eligibility • IEP Services: If the child is eligible for special education, the team develops an IEP Plan • Placement: The team next discusses and determines placement for the child

Eligibility Criteria 1. Does the student have a disability? 2 a. Is the student making effective progress? 2 b. Is the lack of progress a result of the student’s disability? 2 c. Does the student require specially designed instruction or related services in order to access the curriculum?

1. Does the student have a disability? • Disability Categories • Autism • Developmental Delay • Intellectual • Sensory (Hearing, Vision) • Neurological • Emotional • Communication • Physical • Health (ADD, AD/HD, Tourette Syndrome • Specific Learning Disability

2 a. Is the student making effective progress? • documented growth • in the acquisition of knowledge and skills (including social emotional development) • within the general education program • with or without accommodations • according to chronological age and developmental expectations and • the individual educational potential of the child Effective progress is NOT determined by passing grades or promotion from grade to grade.

2 b. Is the lack of progress a result of the student’s disability? • Direct and substantial relationship

2 c. Does the student require specially designed instruction or related services ? Specially designed instruction is Special Education! • Specially designed instruction is • modifying the: • Content, • Methodology and/or • Performance criteria • addressing the unique needs of the child, and • ensuring access to the general curriculum

Finding of No Eligibility • Parents are notified in writing within 10 school days. • The school district may agree that the child has a disability and offer a Section 504 plan. • Parents can reject the finding of no eligibility then request an independent evaluation and request a redetermination of eligibility. • A child dropped from an IEP has stay-put rights if parents request mediation or a hearing.

Independent Educational Evaluations (IEE) • If the parent disagrees with the Team about eligibility, program, placement, or services, the parent should request an IEE in any or all areas assessed. • Parents need to request the IEE within 16 months of the school’s evaluation. • There is a right to only one IEE in each area of disability or suspected disability each year.

Independent Educational Evaluations (IEE) • If the parent requests an IEE: • the parent chooses an independent evaluator. (The school district only pays the rate set by the state. ) • – The district may provide additional funds based on the “unique circumstances of the child” requiring additional hours of testing. • there is a state voluntary cost-sharing program for parents with a sliding scale fee based on income. The family is asked to provide financial information. • *Within 5 days the district either: • agrees to pay or • initiates a hearing through BSEA to show that their evaluation was “comprehensive and appropriate. ”

IEP Team Membership

IEP Team Membership: • Student must be invited to the IEP Team meeting at age 14 (or younger if appropriate) • The Transition planning discussion takes place at age 14 in Massachusetts.

Individualized Education Program (IEP) • The IEP’s purpose is to outline: • What will be done to assist the student to make effective progress in the general curriculum and in the life of the school. • How the student will participate in state and local assessment. State assessment in Massachusetts means the MCAS. • The goals the student is expected to reach by the end of the IEP period.

MA Autism Law • When a child has a diagnosis of : Autism Spectrum disorder the IEP team shall consider and shall specifically address the following needs: • 1. The verbal and nonverbal communication • 2. Develop social skills/proficiencies • 3. Unusual responses to sensory experiences • 4. Resistance to environmental change or change in daily routines • 5. Engagement in repetitive activities/ stereotyped movements • 6. Positive behavioral interventions, strategies and supports to address any behavioral difficulties resulting from autism spectrum disorder • 7. And other needs resulting from the child’s disability impacting progress in the general curricula including social and emotional development

Amending or Modifying the IEP after the Team Meeting • Parents and the school district may agree to change the IEP without a Team meeting. • 34 CFR 300. 324(a)(4)(i) • Parental consent is required to implement any changes. • All individuals responsible for implementing the IEP must be informed of the changes and their responsibilities. • 34 CFR 300. 324(a)(4)(ii) The IEP must be accessible at all times to those responsible for implementation. 34 CFR 300. 323 (d)(1)

Parent Response Options IEP Form 3 Response Options 1. Accept in Full 2. Reject in Full 3. Reject in Part Placement Form 2 Response Options 1. Accept Placement 2. Reject Placement

IEP- Procedural Information • Progress reports on IEP goals are sent home as often as report cards. • Annual Review: the Team reviews the IEP, progress and updates information, such as goals and objectives, as necessary. • Parents have the right to observe their child in the classroom or send a professional to conduct an observation.

The Special Education Process

Least Restrictive Environment • To the maximum extent appropriate, students with disabilities have the right to be educated in the general education environment in the classroom they would have attended if they did not have disabilities. • The student cannot be removed from the general education classroom solely because of needed curriculum modifications. • Removal from the general education program occurs only if the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be satisfactorily achieved.

Procedural Safeguards • Procedural Safeguards include the: • Right to written notice • Right to consent/refuse • Right to “stay put” • Problem Resolution System • Mediation and Due Process • Timelines • Confidential records • Right to receive evaluations 2 days in advance of Team meeting, if requested

Due Process—Ways to Solve Disputes • Every attempt will be made to resolve the dispute within the district (locally) • Contact the Liaison—IEP team can be reconvened • If not resolved, please contact director • IEE—Parents have right to seek and Independent Educational Evaluation if they do not agree with district evaluation • Mediation, if not solved, potential hearing (through Bureau of Special Education Appeals) • If a Civil Rights concern, Office of Civil Rights can be contacted

Mandated Timelines

Resources • Federation for Children with Special Needs (FCSN) • • www. fcsn. org Parent Training & Information Center at FCSN http: //fcsn. org/pti/ MA Department of Elementary and Secondary Education www. doe. mass. edu Disability Law Center www. dlc-ma. org Massachusetts Advocates for Children www. massadvocates. org Mass. Association of Special Education PACs www. masspac. org Parent Professional Advocacy League (PAL) http: //ppal. net/default/ Parent’s Guide http: //www. fcsn. org/parentguide/pgintro. html