a parent’s guide to special education · dear parent: if you are reading Òa parentÕs guide to...

A Parent’s Guide toSpecial Education

A JOINT PUBLICATION OFThe Federation for Children with Special Needs and

The Massachusetts Department of Education

A Parent’s Guide toSpecial Education

A JOINT PUBLICATION OFThe Federation for Children with Special Needs and

The Massachusetts Department of Education

This information is copyright free. Readers are encouraged to copy and share it, but please credit the co-publishers,the Federation for Children with Special Needs and the Massachusetts Department of Education.

AcknowledgmentsThe Parent Information Project is a statewide training and information dissemination projectlocated at the Federation for Children with Special Needs (FCSN) and funded by theMassachusetts Department of Education, Office of Special Services. The intent of the project isto enhance the involvement of parents of children with special needs in their childrenÕs educa-tion, development, and transition to adult life.

The Federation for Children with Special Needs is a nonprofit organization based on thephilosophy of parents helping parents. Founded in 1974 as a coalition of twelve disability andparent organizations, today the Federation is an independent advocacy organization committedto quality education and health care for all, and to protecting the rights of children. To this end,the Federation provides information, support and assistance to the parents of children withdisabilities, their organizations, their professional partners, and their communities.

The Massachusetts Department of Education and the Federation for Children with SpecialNeeds have worked collaboratively to create a product that will serve parents well in their needto gather information regarding special education services. The two agencies do not necessarilyagree on all policy interpretations; however, we do agree that it is important for parents to havethe most accurate and up-to-date information available, in order that they may work as equalpartners with their school system in special education decision-making.

The Parent Information Project would like to acknowledge K. Nummi Nummerdor, MargaretMarotta Smith, Richard Robison, Marty Mittnacht, Katherine Honey, and Kristen McIntosh fortheir ongoing support and assistance in the publication of this manual.

Dear Parent:

If you are reading ÒA ParentÕs Guide to Special Education,Ó you probably have some concernsabout how your child is doing in school. You may be wondering if your child has a disabilityand needs special education, or, you already know that he or she needs special education andyou want to know more about the special education process. The purpose of this Guide is toexplain the special education process so that, if your son or daughter does receive special edu-cation services, you can work effectively with the school as a member of your childÕs specialeducation team.

Special education is meant to meet the unique needs of a child that result from a disability, andto assure that students with disabilities receive all needed aids and services. Special educationlaws and regulations are meant to protect a student with disabilities and ensure that he or she getsthe services and assistance that may be necessary to make effective progress. The laws and regu-lations are also very complex. We hope this Guide will be helpful to you in understanding the keyconcepts of the law and how to be an effective participant in the special education process.

For over twenty-five years, the Federation for Children with Special Needs (Federation) hasbeen a parent-run organization providing training and technical assistance to families of chil-dren with special needs. The Massachusetts Department of Education (DOE) has oversightresponsibility for public schools and seeks to ensure effective and sound educational practicesfor students across the Commonwealth. In a collaborative effort, the DOE and the Federationhave developed ÒA ParentÕs Guide to Special EducationÓ to provide information about the spe-cial education process. Research, history, and experience tell us that when parents are activelyinvolved in their childÕs education, the child does better in school. We hope this Guide will helpyou become an informed member of your childÕs special education team so that your child hasthe best possible opportunity to learn and enjoy school.

Sincerely,

Marcia Mittnacht Richard J. RobisonState Director of Special Education Executive DirectorMassachusetts Department of Education Federation for Children with Special Needs

Understanding the Special Education ProcessÑOverview

IntroductionWhat are the key special education laws?

Special Education Laws and PrinciplesWhat are the major principles of special education laws?

Parent and Student Participation What role do parents play in the special education process?

Does my child have the right to attend meetings or have avoice in the special education process?

What is a Parent Advisory Council?

Appropriate Evaluation What should I do if my child is having problems in school?

My school wants to provide ÒInstructional SupportsÓ before makinga referral for special education. What does this mean?

How do I make a referral for a special education evaluation?

What is a pre-evaluation conference?

What should I expect as part of the evaluation process?

Who can see the evaluation information?

How long will the evaluation process take?

What does the term ÒTeamÓ mean?

What is the role of the Team in determining eligibility for special education?

What is a three-year reevaluation? Is it required?

Is reevaluation required if the district ÒremovesÓ my child fromspecial education?

What is an ÒIndependent Educational EvaluationÓ?

Who pays for an independent evaluator?

How is information from an IEE used?

Individualized Education Program (IEP)How can I make sure that my concerns are part of the IEP process?

Does the IEP determine the subjects and information my child will learn?

A Parent’s Guide to Special Education

Table ofContents

(and FrequentlyAsked Questions)

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What if my child has special needs in areas besides academics?

How does the Team identify what should be done?

Are there any special considerations that should be addressed in the IEP?

What are Annual Goals?

What are Benchmarks? How are they different from Objectives?

How will I know what services my child will receive?

What about the IEP and state and district-wide testing,for instance, the MCAS test?

Why is it important to participate in MCAS testing?

How will my child participate in MCAS?

When do I receive a copy of the IEP?

Once weÕve developed the IEP, do services begin immediately?

What if I donÕt agree with part or all of the proposed IEP?

How will I know how my child is doing?

How often will the IEP be reviewed?

What is transition planning for older students?

People tell me that special education is an entitlement butadult services are not. What does that mean?

Free and Appropriate Education (FAPE)What does FAPE guarantee my child?

Least Restrictive Environment (LRE)Who determines what is the least restrictive environment for my child?

How is that determination made?

Procedural SafeguardsWhat are some of the procedural safeguards?

When do I get a copy of the ParentÕs Rights Brochure?

Do my childÕs rights change with age?

What is the Òage of majorityÓ?

Are there special safeguards for students or familieswhose primary language is not English?

What if my child is not found eligible for Special Education?

What is a 504 Plan?

What if I disagree with the school about what is right for my child?

What will the State Department of Education do ifI disagree with the school-district?

What does the Bureau of Special Education Appeals do?

What happens to my childÕs educational services while theschool and I resolve our differences?

Conclusion

Resources

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Parent, professional orschool personnel identifieschild as possibly needing

special education andrelated services

A Brief Overview for StudentsEligible for Special Education

Below is a brief overview of how a student is

found eligible for special education, how the

IEP is developed and implemented, and how

progress is measured.

6

Within 5schooldays

of receiptof a referral the district

must notify the parent andseek consent to evaluatebefore any assessment

begins

Within 45schooldays

of parentsÕconsent the Team

determineseligibility

Within 30schooldays

of parentalconsent credentialed

trained specialistsevaluate the child

Team finds childeligible for specialeducation and/orrelated services

At the IEP Meetingafter the IEP is writtenthe Team determines

Placement

Throughout theIEP period qualified

professionals providespecial education and

related services

At least as often as theparents of non-disabled

students receive written progressreports the school will measure

progress toward IEP goalsand report that progress to

parents in writing

7

Within 45schooldays

of theparents’ consent forevaluation the Team

will develop and writean IEP for all eligible

students

Within 30days

of receiptof the IEP the Parents’

consent to the IEPand placement

At leastannually

Teamreviews andrewrites IEP

At leastevery 3years

Schoolreevaluates

child

IntroductionStudents with disabilities can achieve great things in schoolwhen they receive the supports and services they require. Whilenot every child with a disability will require special educationservices, every child whose disability affects their school progressis entitled to receive a free and appropriate public education(FAPE) which meets their unique needs. In this era of schoolreform, it is expected that high standards will guide the teachingof all students.

A parent, teacher or other professional may refer a studentfor special education evaluation at any time by contactingthe schoolÕs principal or administrator of special education.

If you are concerned that your child may have a disability thatis affecting his or her ability to make progress in school, youcan first speak with the classroom teacher. As you speak withthe teacher, explain your concerns and ask the teacher to sharehis or her concerns. As part of your discussion, it may bedecided that classroom accommodations will be used toaddress concerns for a short period of time. If your child con-tinues to have difficulty with schoolwork, you may make areferral for a special education evaluation at any time.

Special Education Laws and PrinciplesSpecial education is specially designed instruction and relatedservices that meet the unique needs of an eligible student witha disability or a specific service need that is necessaryto allow the student with a disability to access the generalcurriculum. The purpose of special education is to allow thestudent to successfully develop his or her individual educa-tional potential. Along with providing services to the child, ifnecessary, services are provided to parents and to teachers forthe student to benefit from special education. Special educa-tion is provided by the school district at no cost to parents.

In Massachusetts, the special education system is based on thefederal special education law, the Individuals with DisabilitiesEducation Act (IDEA), in combination with the stateÕs specialeducation law (MGL c. 71B). These laws protect students withdisabilities who are eligible for special education and guaran-tee them an Individualized Education Program (IEP)designed to meet their unique needs.

What are the keyspecial education laws?

8


Special Education Law is organizedaround the following six principles:

To help parents understand how these principles of the lawaffect their children this Guide has been organized aroundthese principles. You will see the above symbols abovethroughout the text highlighting these important principles.


9

What are the majorprinciples of special

education laws?

1. Parent and StudentParticipation

2. AppropriateEvaluation

3. IndividualizedEducation Program

(IEP)4. Free and

Appropriate PublicEducation (FAPE)

5. Least RestrictiveEnvironment (LRE)

6. ProceduralSafeguards

Parent and Student Participation Parents and students are partners with the school districtthroughout the entire special education process. As a par-ent, you know your child best. You have seen your child indifferent ways and different situations over time. You havea window on your childÕs needs that professionals do nothave. Schools will ask you: ÒWhat are your biggest con-cerns? What do you hope to see your child accomplish?ÓThe special education law provides protections to makesure your concerns are listened to and addressed in thespecial education process.

Students are the focus of the special education process. TheTeam should be aware of the interests and concerns of the stu-dent, no matter what their age. Moreover, as the studentgrows older active participation of the student is important. Infact, once the student is 14 years of age (or earlier, if appropri-ate), the law instructs the Team to include the student at themeetings as an active participant. As members of the Team,the student and parent have a voice in all discussions.

When the student is 17 years old, the school district must dis-cuss with both the student and the parent the change in therights of the student and the parent(s) that will occur on thestudentÕs 18th birthday. In Massachusetts, at age 18 the studentreaches the age of majority and is considered an adult. Thestudent is thus able to make his or her own medical and edu-cational decisions. This includes agreeing or not agreeing tothe special education services proposed by the school district.The age of majority is discussed in more detail in this Guidein the section on ÒProcedural SafeguardsÓ (see pg. 29).

In addition to parents participating in the special educationprocess on behalf of their child, they may also participate intheir local Parent Advisory Council (PAC). The PAC helpsto guide the special education services provided to all eli-gible students in a school system. In Massachusetts, eachschool system is required by state law to have a PAC. Thepurpose of the PAC is to allow parents of students with dis-abilities the opportunity to talk about common areas ofinterest and to advise the school committee about the edu-cation and well-being of students with disabilities.

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What is a ParentAdvisory Council?

What role do parentsplay in the specialeducation process?

Does my child havethe right to attendmeetings or have a voice in the specialeducation process?

As we move forward in describing other principles of thelaw, it is important to remember that parent and studentparticipation in the special education decision-makingprocess is vital to each of these principles.

Appropriate EvaluationThe law provides a number of protections to ensure thateach student receives regular, appropriate, and compre-hensive evaluations. Before a determination can be madeas to whether or not a student is eligible for special educa-tion, an evaluation of the studentÕs educational strengthsand needs must occur.

If your child is having difficulty in school, you may want totalk with the school about why your child may be havingdifficulty before making a referral for a special educationevaluation. When a student shows signs of difficulty inschool, one of the first steps may be to observe the studentin the classroom or other areas of the school to see ifchanges might be made that will help the student do better.Sometimes students will do much better simply by chang-ing seats in the classroom, or by having the teacher discussthe daily schedule each morning. Sometimes the schoolmay suggest that a vision screening may be helpful.

Other changes may include trying new ways to teach yourchild or finding different ways your child can express whathas been learned. The teacher may change the way theclassroom is set up or may arrange for extra help fromother school professionals. These supports or changes inthe classroom are known as instructional supports.

If some type of change has been made, it should bereviewed within four to six weeks to see if the change washelpful to the student. If your child continues to have diffi-culty, a referral for special education evaluation should beconsidered. You can make a referral for special education atany time. Providing instructional support cannot be usedto delay the evaluation of a student. If a student is referredfor an evaluation, documentation of the use of instruction-al supports is part of the evaluation information reviewedby the Team.


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What should I do ifmy child is having

problems in school?

My school wants toprovide “Instructional

Supports” beforemaking a referral for

special education.What does this mean?

You can make a referral yourself, or you may find that ateacher or other professional has made a referral for a specialeducation evaluation. Referrals are made by contacting theprincipal, school personnel, or the schoolÕs administrator ofspecial education and asking for an evaluation for specialeducation eligibility. No matter who makes a referral, theparent must give consent in writing before a special edu-cation evaluation can begin. The school must contact youwithin five school days of receiving the referral asking foryour written permission to begin the evaluation.

Referral for a special education evaluation is the first step inthe process of determining if your child should receive spe-cial education services. The evaluation should examine allareas of suspected disability and provide a detailed descrip-tion of your childÕs educational needs. The evaluationshould answer these questions:

1. Does the child have a disability? What type?

2. Does the disability cause the child to be unable toprogress effectively in regular education?

3. Does the child require specially designed instruc-tion to make progress or does the child require arelated service or services in order to access thegeneral curriculum?

The answer to each of these questions should be ÒyesÓ in orderto determine that a child is eligible for special education services.The law states that lack of instruction in English or mathematicscannot be the only reason that a student is found eligible forspecial education, nor can the fact that a student has limitedskills in speaking or understanding English if he or she speaksand understands another language. Students also cannot bedetermined eligible for special education just because they can-not follow the schoolÕs discipline code or because they areÒsocially maladjusted.Ó For students not found to be eligible forspecial education the Team should explore other programs andsupports available within the school.

Many families are not familiar with the evaluation process.When your child is referred for evaluation, you may requesta pre-evaluation conference to talk with a school profession-al about your concerns, what kinds of assessments will be

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How do I make areferral for a specialeducation evaluation?

What is a pre-evaluation conference?

DISABILITYTYPES in theMassachusetts

State Special EducationRegulations are:

¥ Autism

¥ Developmental Delay

¥ Intellectual Impairment

¥ Sensory Impairment

Hearing/Vision/Deaf-Blind

¥ Neurological Impairment

¥ Emotional Impairment

¥ Communication Impairment

¥ Physical Impairment

¥ Health Impairment

¥ Specific Learning Disability

603 CMR 28.02

helpful, and who will conduct the assessments. While theschool must talk with you about these things whether or notyou meet, a pre-evaluation conference can also serve as anopportunity to prepare yourself and your child to betterunderstand the assessments that will be conducted. Onceyou feel comfortable that you understand and agree with thetypes of assessments that will be conducted and the individ-uals who will be conducting the assessments you must pro-vide written consent in order for the evaluation to begin.

Evaluation frequently includes parent input and teacher obser-vation of the student, an interview with the student about theircurrent abilities in school, and other types of formal and informalassessments. Evaluations are always conducted by qualified pro-fessionals and are provided by the school at no cost to the parent.

The evaluation tools used will be based on your childÕs indi-vidual needs. Your child must be evaluated in all the areas ofsuspected disability. This may include looking at how yourchild communicates and understands language, your childÕseducational development, and how your child thinks,behaves, and adapts to changes. Evaluations may look atyour childÕs health, vision, hearing, social and emotionalwell-being, performance in school, how your child usesher/his body, and for older students, what job-related andother post-school interests and abilities your child has.

A Functional Behavioral Assessment (FBA) is an assessmentof student behaviors that may be disruptive or otherwiseinappropriate for school. The FBA is based on observationsand discussions that help to determine when and why abehavior is happening so that positive behavioral interven-tions may be used to help the student to develop moreappropriate behaviors.

All evaluation information is confidential and should be seenonly by people directly involved with your child such asteachers and Team members. A parent must give written con-sent before others may have access to this information.

Evaluations must be completed within 30 school days of theparentÕs written permission for evaluation. Within 45 schoolworking days of the schoolÕs receipt of your permission in


13

Who can see theevaluation information?

How long will theevaluation process take?

What should I expectas part of the

evaluation process?

writing, a Team meeting must be held to talk about the eval-uations to determine eligibility and to complete the IEP foran eligible student.

Parents have the right to receive all special education evalua-tion reports two days before the Team meeting. You must askthe school for copies of these reports in order to receive themin advance of the meeting. It is important for parents to reviewthe evaluation reports before the Team meeting. A person qual-ified to explain these reports will be at the Team meeting toanswer any questions you may have about what the resultsmean, where your child is having trouble and why.

It takes many people to plan and provide the help that yourchild needs. IDEA clearly specifies the members of a specialeducation Team. The parents are always members of any

What does the term“Team” mean?

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All special education evaluations must be conductedby appropriately credentialed and trained specialistsand must include the following:

Specialist Assessment(s): An assessment in all areas related to a suspected disability. *

Health Assessment: An assessment toidentify any medical problems that mayaffect the studentÕs learning. Healthassessments may be done by a school-referred or family physician and shouldbe reviewed by the school nurse.

Psychological Assessment: An assessment toconsider the studentÕs learning abilities andstyle in relationship to his or her social/emo-tional development and skills.

Home Assessment: An assessment of familyhistory that may affect the studentÕs learningor behavior of the student at home, and mayinclude a home visit.

Educational Assessment: An assessment that includes information about the studentÕseducational history and overall progress, including current educational standing in key cur-riculum areas. This assessment should also include information on the studentÕs attentionskills, participation behaviors, communication skills, memory, and social relations withgroups, peers, and adults. This assessment should also include a narrative description of thestudentÕs educational and developmental potential.

The following assessments may be included with parentalconsent if the school or the parent asks for them:

* See also ÒDisability TypesÓ chart on page 12.

Team that makes decisions about their child. Parents caninvite others to attend the Team meeting with them. Teachersand other professionals who know your child or who haveevaluated your child will also be Team members.

Each Team must have one member who knows what servicesand resources are available to the school district. The lawrequires that this individual have the authority to committhe resources of the school district so that decisions aboutservices can be made at the Team meeting.

At the Team meeting, the members of the Team must con-sider all information and evaluation results to decide if thestudent is eligible for special education services.

Based on the Team discussion and the evaluation information,the Team will determine if your child is eligible for special edu-cation and related services. If your child is eligible the Team willthen use the evaluation results to develop an IndividualizedEducation Program (IEP) for your child. For more information,turn to the ÒIEPÓ section of this Guide (see pg. 19).

If your child is found not eligible, your child may stillreceive help, although not special education services. Ifyour child is not eligible for special education services, you


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Each Team must include:

You, the parent(s) or guardian(s);

At least one of your childÕs specialeducation teachers and/or providers;

At least one of your childÕs regulareducation teachers if the child is ormay be participating in the regulareducation environment;

Other individuals or agencies,invited by the parent or the schooldistrict;

Someone to interpret the evaluationresults and explain what services maybe needed; and

Your child if they are between the ages of14-22 (More Information on Transition toAdult Living or What is transition plan-ning for older children? see pg 26.);

In addition, other people or agenciesthat have special expertise orknowledge of your child.

What is the role of theTeam in determiningeligibility for special

education?

from IDEA

will receive a letter from the school stating that yourchild is not eligible, detailing why the student was foundnot eligible, along with information about your rights.Read the notice carefully to decide if you agree or disagreewith this decision. You have the right to appeal a finding of noeligibility. For information on your rights, turn to theÒProcedural SafeguardsÓ section of this Guide (see pg. 29).

If your child is eligible for special education the special edu-cation services should begin immediately after you sign theIEP. Evaluation will continue to be an important part of thespecial education process. At least every three years, theschool district must conduct a three-year reevaluation. Thismeans that at least every three years, the Team must considercurrent evaluation information and must determine if yourchild remains eligible for special education.

Every three years the school will request your consent to con-duct a three-year reevaluation. The school can also recommendto you that the evaluation information they have is sufficient toknow that your child continues to be eligible and is also currentenough to write an appropriate IEP. In that case, the school mayrecommend that no assessments are necessary. This helps to pre-vent Òover-testingÓ, but it should not prevent evaluation thatyou or the school believes is needed. You have the right to sayyou still want some or all of the assessments to be certain thatthe information is current; the school must provide the assess-ments that you request. A three-year reevaluation generally willinclude all of the types of assessments of the initial evaluation.

If, at any time, the district believes that your child nolonger requires special education, they must request yourconsent for a complete reevaluation prior to taking anyaction to end special education services. At that time, theTeam must consider the evaluation information and canmake a determination that the student is no longer eligible.As always, you must receive a letter or notice in writingabout this type of decision and have the right to disagree orto appeal the decision.

At times you may find that you disagree with the school districtÕsevaluation. The foundation of a good educational program is anevaluation that truly reflects the strengths and needs of the indi-

What is a three-yearreevaluation?

Is it required?

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Is reevaluation requiredif the district “removes”my child from specialeducation?

What is an “IndependentEducational Evaluation”?

vidual student. If you disagree with the school districtÕs evalua-tion results you have the right to have your child evaluated by aqualified professional(s) not employed by the school system.Both federal and state law allows parents to seek anIndependent Educational Evaluation (IEE).

In Massachusetts, special education regulations, 603 CMR28.04 offer parents a choice when exploring options for thepayment of Independent Evaluations. Parents may choose toshare their personal financial information with the district, andshare the cost of the evaluation based on their income. If theFamily is income eligible the district must pay for the evalua-tion and may not take the family to hearing over the cost of theevaluation. Parents may also choose not to share their financialinformation with the district. Then the district must choose toeither pay for the entire Independent Educational Evaluationor move forward to a hearing at the Bureau of SpecialEducation Appeals (BSEA). All IEEs that are publicly funded,in whole or in part, must meet state requirements for usingevaluators who are registered, certified, licensed or otherwiseapproved and who agree to abide by rates set by the stateagency responsible for setting such rates.

According to state regulations, any student eligible for freeor reduced cost lunch or who is in the custody of a stateagency with an appointed Educational Surrogate Parent isentitled to receive an equivalent IEE at public expense.School districts must offer parents seeking public fundingfor IEEs information about the sliding fee program.Participation in the sliding fee program, other than for stu-dents who are eligible for free or reduced cost lunch,requires the family to provide financial documentation.

Upon receipt of the family financial documents, the districtmust promptly evaluate the information and inform familiesof their status. The school should return the financial docu-ments immediately to the family. No copies of financial state-ments should be made; the district, however, will documenteligibility for the sliding scale fee in the studentÕs record.Based on this financial information, the family and the districtwill share the cost of the IEE. For example, as of September,2001, for a family with an income below 400% of the federalpoverty level ($68,200 for a family of four) the IEE will be


17

Who pays for anindependent evaluator?

SLIDING FEESCALE

When parents seek public fundingfor an Independent EducationalEvaluation (IEE) the district shallconsider family size and familyincome information in relation toFederal Poverty Guidelines:

¥ If the family income is equal to orless than 400% of the federal pover-ty guidelines, the district shall pay100% of the costs of an IEE.

¥ If the family income is between400% and 500% of the federalpoverty guidelines, the districtshall pay 75% of the costs of an IEE.

¥ If the family income is between500% and 600% of the federalpoverty guidelines, the districtshall pay 50% of the costs of an IEE.

¥ If the family income is over 600% ofthe federal poverty guidelines, thedistrict shall have no obligation tocost-share with the parent.

¥ 400% of the federal poverty levelis currently (as of September 2001)$68,200 for a family of four.

Mass. Special Education Regulations603 CMR 28.04(5)

provided at no cost. For a family with an income above thatlevel the amount paid by the family is based on a sliding-feescale.

In cases where students are not eligible for the sliding feeprogram, the parents do not wish to provide financial doc-umentation, or parents are requesting an evaluation in anarea not assessed by the school district, IDEA provides thatfamilies may still request public funding of an IEE. Uponsuch a request, the school district must, within five schooldays, either agree to pay for the IEE or initiate a hearingwith the Bureau of Special Education Appeals (BSEA). Thedistrict will need to show the BSEA that itÕs evaluation iscomprehensive and appropriate. If the BSEA agrees thatthe evaluation done by the district was comprehensive andappropriate, the district will not be obligated to publiclyfund the IEE. However if the BSEA determines that the dis-trictÕs evaluation was not comprehensive and appropriatethe district will be obligated to pay for the IEE.

NOTE: Parents always have the right to obtain an IEE attheir own expense. Parents may choose to payfor an IEE because they want a more in-depthevaluation than the school can do, or becauseinsurance will cover the cost. If you pay for theIEE, the resulting reports belong to you; you maychoose or may not choose to share the resultswith your district. The Team must consider theresults of any IEE that is made available to themwhen planning services for your child.

The district must reconvene the IEP Team and consider theinformation from an IEE as carefully as it considers the infor-mation from an evaluation done by the school district. Thelaw requires consideration of evaluation information frommore than a single source or assessment, in order to have acomplete picture of the student and his or her abilities. Allresults from assessments or from IEEs together will be usedby the Team to form the basis for the decisions made regard-ing your childÕs participation in special education services.

For more details, see the ParentÕs Rights Brochure forparents of students with disabilities provided by your district.

How is informationfrom an IEE used?

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The parents of a child with adisability have the right toobtain an Independent Edu-cational Evaluation.

If a parent requests anIndependent Educational Eval-uation at public expense,the public agency must withoutunnecessary delay either initi-ate a hearing to show that itsevaluation is appropriate orensure that an IndependentEducational Evaluation is pro-vided at public expense.

(IDEA 300.502)

Individualized EducationProgram (IEP)Your childÕs Individualized Education Program (IEP) is devel-oped at the Team meeting and represents a formal agreementabout the services that the school will provide for your childÕsspecial education needs. The IEP is a contract between youand the school. As with any contract you should make sureyou fully understand the terms to which you are agreeing andmake certain that everything that was agreed to verbally iswritten in the contract.

Input from parents and students iskey IEP information. The first part of the IEP requests information regarding the con-cerns of the parent and/or student, key evaluation results, andthe future vision for the student. This is an opportunity for you,as a parent, to talk about your concerns and what you wantspecial education to accomplish for your child. Consider: Whatinformation from the evaluation report seems particularlyimportant? Has your child expressed some particular concernsor desires that you think can be helped by special education?Are there areas of particular strength or weakness of the stu-dent that you want to make sure are included? In addition, theTeam should consider all information including the studentÕsmedical and educational history and personal interests. Thisdiscussion provides an opportunity for you and the school todiscuss what special education can do and what it might not beable to do. This part of the IEP process can also be an opportu-nity for you and your child to express thoughts about the edu-cational program as it has been in the past and how it couldchange to better meet your childÕs needs.

Student Vision: Parents and students should enter the Teammeeting prepared to talk about their hopes and dreams for thechildÕs future. If the student is able to indicate what he/shewould like, then the studentÕs vision should be clearly indicated,if not the vision will be developed by the family. In discussing avision for the future, the Team should be careful not to limit thediscussion only to what they believe is ÒrealisticÓÑeveryoneneeds to have dreams and wishes. The law provides that thosedreams and wishes should help to point out a direction for theTeam. This vision should guide the Team throughout the IEP


19

How can I make surethat my concerns are

part of the IEP process?

development process in order to create a program that will bringthe student closer to that vision in a meaningful way and help thestudent to see how education can help the student reach his orher personal goals.

Participation in the General Curriculum: The federal law,IDEA, states that students with disabilities should partici-pate in the general curriculum. The term ÒGeneralCurriculumÓ means the same curriculum that their non-disabled peers are learning. The IEP, therefore, does NOTdesign a curriculum, rather, the IEP designs the servicesthat the student needs to enable them to make progress inthe general curriculum, and to help them be successful inthe life of the school. For students with disabilities to accessthe information in the general curriculum, Teams may findit necessary to identify accommodations, modifications, orservices to meet specific learning needs.

In order to be informed members of the IEP Team, parentsshould be aware of the curriculum that their school districtuses for students who are the same age and grade level astheir child and understand how their childÕs disabilityaffects their involvement and progress in the general cur-riculum. The school district must ensure that a person onthe Team is available who understands the general curricu-lum and can be helpful in discussing how the student canparticipate in the general curriculum.

In Massachusetts, the general curriculum is based on learningstandards in the Massachusetts Curriculum Frameworkswhich define specific student learning expectations for eachgrade. Parents should be aware of how these frameworks areutilized in their school district to create the grade specific cur-riculum for all students.

Other Educational Needs: Students with disabilities whoare found eligible for special education often have areas ofneed beyond the general curriculum. These areas of ÒOtherEducational NeedÓ must also be addressed in the IEP. TheMassachusetts IEP form lists a number of Other EducationalNeeds that may be discussed depending on the individualneeds of the student. The lists in the IEP form can help theTeam to think through some of the possible areas but should

Does the IEP determinethe subjects andinformation my childwill learn?

20


What if my child hasspecial needs in areasbesides academics?

not be considered the only options. In brief, do not limit yourdiscussion to only the curriculum. For example, you mayneed to talk about behavior, communication, assistive tech-nology, use of Braille, or other special considerations uniqueto the student.

When considering both the general curriculum and othereducational needs, the Team will consider specific accom-modations, modifications, and services to assist the studentto reach their best educational performance. The Team con-siders whether it is necessary to adapt the content (changethe complexity of information being taught). The Team alsoconsiders whether it is necessary to adapt the methodologyor delivery of instruction (change in the way the informationis taught) or the performance criteria of the classroom(change the way the student expresses what they havelearned). All of the changes and services that the Team iden-tifies are written in the IEP. The IEP then serves as a resourceto assist the teacher in providing a supportive and effectiveclassroom environment throughout the school year.

IDEA notes some special considerations for Teams to addressduring IEP development. These special considerationsinclude: positive behavioral interventions, the unique needsof students with disabilities with limited English proficiency,the communication needs of students who are Deaf or hard ofhearing, Braille for students with visual impairments, andassistive technology devices and services for all students.These needs should be addressed by the Team, and includedin the IEP based on the unique needs of the child.

Annual Goals: Once the Team has explored the studentÕs currenteducational performance and the types of assistance the studentwill need to improve his or her progress, the Team will turn itsattention to what the student can be expected to be doing duringthe year in order to demonstrate effective progress. The specificgoals for your childÕs performance will be described in a sectionof the IEP called Annual Goals. Annual Goals describe theexpected growth in your childÕs skills and knowledge over thenext year as a result of the special education that he or shereceives. Goals should be positive, measurable, achievable, andchallenging. Annual Goals should be written so that every mem-ber of the team can determine if the child has met the goal, not


21

How does the Teamidentify what should

be done?

Are there any specialconsiderations that

should be addressedin the IEP?

What are Annual Goals?

just the specialist in the goal focus area. Annual Goals shouldrelate to the academic and/or non-academic needs of your child.

Measurable Annual Goals are broken down into smallerpieces called objectives or benchmarks. They begin withwhat your child can do (present level of performance) andare observable accomplishments. Objectives are the smallersteps or milestones your child needs to make in order toreach the annual goals written on their IEP. Benchmarks arebased upon achieving a specific skill in a specific period oftime. Benchmarks allow for regular checks of progress inmeeting annual goals with the final benchmark being thegoal for the year. An IEP Team may use either objectives orbenchmarks or a combination of the two depending on thenature of the goals and the studentÕs needs.

Services: After the studentÕs educational performance hasbeen discussed and annual goals developed, the Team mustconsider the actual services the student needs in order toachieve these goals during the next year. The Team shouldtalk about all the supports and services that will allow thestudent to succeed in school. The Team will discuss necessaryservices, including special teaching services, consultativeservices, training for teachers, and other related or supportiveservices such as transportation, psychological services, coun-seling services, and orientation and mobility services. TheTeam will specify these services on a one-page form in the IEPcalled the ÒService DeliveryÓ page of the Massachusetts IEP.This page identifies all the services that will be provided forthe student during the school year that will assist the studentto achieve the goals identified on the IEP.

What are Benchmarks?How are they differentfrom Objectives?

22


A good goal has five essential parts and may bedetermined by answering these simple questions.

¥ Who? Ð your child

¥ What will be achieved? - skill or behavior

¥ How? Ð in what manner or to what level?

¥ Where? Ð in what setting or under what conditions?

¥ When?Ð at what point in the IEP period ?

How will I knowwhat services mychild will receive?

The Massachusetts Comprehensive Assessment System(MCAS) is the stateÕs student testing program. Tests are givenat different grade levels and are based on the MassachusettsCurriculum Frameworks in English Language Arts,Mathematics, Science & Technology/Engineering andHistory and Social Science. All students in Massachusettsreceiving an education at public expense must participatein state assessment.

Both IDEA and the Massachusetts Education Reform Actrequire that all students participate in MCAS. In the past,participation in statewide assessments was not always con-sidered important for students with disabilities. It wasassumed that special education evaluations providedenough information on how well students were doing inschool. Special education evaluations, however, do not typ-ically provide information on what students know and cando relative to local and state academic learning standards.Information about the general performance of students withdisabilities means that schools will now be held accountablein the same way they are for the performance of non-dis-abled students. It is important to ensure that all studentshave access to the resources and supports needed to pass theMCAS, including students with disabilities.

By including all students in MCAS, schools are more likelyto raise standards and have higher expectations for studentswith disabilities. Including students with disabilities in theMCAS encourages schools to develop new programs andmethods of teaching students with diverse learning styles. Italso encourages the inclusion of students with disabilities inactivities with their non-disabled peers.

As part of the IEP process, the Team must determine howyour child will participate in MCAS. The Team first will con-sider whether your child can take standard MCAS testseither with or without accommodations. If your childrequires accommodations, then the Team will identify theaccommodations that will be used and must document thisinformation in the studentÕs IEP. Generally, they will be sim-ilar to those accommodations that the student uses duringregular classroom instruction.


23

What about the IEP andstate and district widetesting—for instance,

the MCAS test?

Why is it importantto participate inMCAS testing?

All students receiving aneducation at public expensemust participate in the stateassessment program knownas ÒMCAS.Ó

Students will participate inMCAS in one of three ways:

¥ On-demand MCAS Test underRoutine Conditions

¥ On-demand MCAS Test withAccommodations

¥ MCAS Alternate Assessment

The Team will determine how astudent will participate in MCAS.

A small number of students may be unable to take standardMCAS tests, even with accommodations, due to the nature andseverity of their disability. These students will be designated bythe Team to participate in the MCAS Alternate Assessment. TheMCAS Alternate Assessment is a portfolio, or collection of infor-mation about the studentÕs accomplishments throughout theschool year, that is assembled by the childÕs teacher. The portfo-lio will document how well the child has demonstrated his or herknowledge and skills related to the learning standards in theMassachusetts Curriculum Frameworks in the four subjectsassessed by standard MCAS tests. The alternate assessment willnot depend on your childÕs ability to take a paper/pencil test,because it uses other methods to determine the childÕs level ofperformance. The alternate assessment portfolio is submitted tothe Massachusetts Department of Education (DOE) and is scoredby panels of Massachusetts educators. Scores are reported to par-ents, schools, and districts along with other MCAS test results.Secondary school students obtaining a passing score on the alter-nate assessment will be eligible for a standard diploma.

For further details on participation in MCAS, available testaccommodations, and alternate assessments, please refer tothe DOE publication entitled ÒRequirements for theParticipation of Students with Disabilities: A Guide forEducators and Parents,Ó available on the DOE web page atwww.doe.mass.edu/mcas/parents.html.

Either at the Team meeting, or immediately after, but no laterthan 45 school days after the parents written consent to evalua-tion, the school district will provide you with a copy of the IEP.The IEP tells you how the school proposes to help your child.Within 30 days of receiving the IEP from the school, you mustsign and return it to the school. The signature of the parent oradult student must appear on the IEP before services canbegin. If you have questions about the IEP, you can talk with theschool contact person, generally the Team Chairperson.

If the IEP is satisfactory you should accept the IEP by checkingthe box on IEP page 8 which states ÒI accept the IEP as devel-opedÓ and signing on the line below. When the districtreceives your consent, services will begin immediately. If theIEP is unsatisfactory you must choose between the two remain-ing options. You may check the box stating ÒI reject the IEP as

When do I receive acopy of the IEP?

24


Once we’ve developedthe IEP, do servicesbegin immediately?

How will my childparticipate in MCAS?

developed,Ó in which case the last agreed upon IEP will gen-erally remain in effect until an agreement has been maderegarding the appropriate services for your child (sometimescalled Òstay putÓ). If your child was not previously receivingspecial education services, no special education services willbe provided until an IEP is agreed upon and signed by theparent. For this reason, it is sometimes best to accept an IEP inpart, in order that some services can begin. To do this, checkthe box stating ÒI reject the following portions of the IEP withthe understanding that any portion(s) that I do not reject willbe considered accepted and implemented immediately.Ó Youshould then list your concerns and sign below. The acceptedportions of the IEP must begin immediately upon your con-sent. The IEP form also allows you to request a meeting withthe school to discuss the rejected IEP or rejected portions.

Once you accept the IEP, the school district must share theIEP with all of the school staff who have responsibility forworking with your child.

Remember that your signature is required to accept the IEPas well as to reject the IEP. The parentÕs signature on a reject-ed IEP sets into motion a referral to the Bureau of SpecialEducation Appeals (BSEA). The BSEA offers mediation serv-ices to parents and schools and has authority to conducthearings to resolve special education disputes. For moreinformation on the BSEA turn to the section on ÒProceduralSafeguardsÓ (see pg. 29).

Measuring Progress: It is good practice for schools to providegrades for students with disabilities, in addition to progressreports. Grades provide parents with information on how theirchild is progressing in the general curriculum; progress reportsindicate a studentÕs progress only in achieving IEP goals. TheTeam should discuss the grading system while looking at spe-cially designed instruction options during the Team meeting.

Progress reports allow you to check on your childÕsprogress toward the IEP goals at set times throughout theyear. You must receive a progress report as often as allchildren in your school district receive report cards orother school-wide progress reports. Special educationprogress reports will help you decide whether or not your


25

What if I don’t agreewith part or all of

the proposed IEP?

How will I know howmy child is doing?

child is making progress toward the annual goals that weredeveloped. If your child is not making the expected progressyou should speak with your childÕs special educationteacher or ask the Team to meet again to discuss whetherchanges in the IEP are needed. If changes are needed theymust be agreed to by the parent. The district cannot makeany change to the current IEP without notifying you andgetting your written consent.

The Team must meet at least once a year to review yourchildÕs IEP, to determine if changes need to be made, and todevelop new annual goals. Whenever there are questions,concerns, or changes in your childÕs academic, social, or emo-tional well-being, you and your childÕs teacher or school con-tact person should talk. If you or the school decide the IEP is notworking for your child, or expected progress is not occurring,the Team should meet to review and possibly change the IEP.

Effective transition planning is based upon the studentÕs goalsor vision. IDEA requires that, beginning at age 14, planningfor the transition to adult living must be part of the IEP. Yourchild should be invited to attend Team meetings. For studentswho may be receiving services from adult service agencies,representatives of these agencies should also be invited to theTeam meeting when transition is being discussed. When yourchild is age 16, the Team discussion of Vision should includea post-school vision statement designed to reflect the individ-ual interests, preferences, and needs of your child in adult life.Transition planning and services should be reflected in theOther Educational Needs section of the IEP and can includepreparation for post-secondary education, vocational train-ing, employment, and independent living.

During transition planning it is important to remember thatwhen students with disabilities graduate from school or turn22 years of age, they are no longer entitled to special educa-tion services under IDEA. Massachusetts has a planningprocess to identify possible needed services from adulthuman service agencies for students with significant disabili-ties; this is known as Chapter 688 planning. A Chapter 688Referral should be made by the school two years before yourchild graduates from high school or turns twenty-two, if serv-ices from an adult agency will be needed. Planning for adult

People tell me thatspecial education is anentitlement but adultservices are not.What does that mean?

26


How often will theIEP be reviewed?

What is transitionplanning for olderstudents?

services, however, and completing the referral process doesnot necessarily guarantee that services will be available.Unlike special education, human services for adults are notprovided as an entitlement and may have waiting lists, evenfor people eligible for services. Therefore, it is important forfamilies to begin exploring the adult service system beforeadult services will be needed.

Free and AppropriatePublic Education (FAPE)A child who is eligible for special education services is enti-tled by federal law to receive a Free Appropriate PublicEducation (FAPE). FAPE ensures that all students with dis-abilities receive an appropriate public education at noexpense to the family. FAPE differs for each student becauseeach student has unique needs. FAPE specifies that neededservices must be provided without cost to the family.

FAPE guarantees that for students who are found eligiblefor special education, school districts must be prepared toprovide services according to an IEP beginning no laterthan their third birthday. If a student continues to be eligi-ble, services may continue until the student graduates fromhigh school with a standard diploma or turns 22, whichevercomes first.

FAPE also means that students receiving special educationservices have access to and make meaningful progress in thegeneral curriculum (i.e. the same curriculum as studentswithout disabilities) and the right to be full participants in thelife of the school. Your child is not only entitled to access theacademic portion of school but also to participate in extracur-ricular and other activities sponsored by the school. Full par-ticipation means that students with disabilities are entitled tothe aids and services needed to assist them in participating inall areas of school life. FAPE is closely tied to a principleknown as the ÒLeast Restrictive EnvironmentÓ which isdescribed in detail in the next section of this Guide.


27

What does FAPEguarantee my child?

Least Restrictive EnvironmentThe federal law, IDEA, mandates that students with disabili-ties must be educated with their non-disabled peers to themaximum extent appropriate based on the studentÕs needs.This is known as the Least Restrictive Environment (LRE).The Team (including the parent) determines the placementthat the student needs to provide the services on the student'sIEP and the Team must choose the least restrictive environ-ment able to provide those services. This means that the stu-dent should attend the school he or she would attend if non-disabled, unless the Team determines that the nature of thestudentÕs disability will not allow that student to have a suc-cessful educational experience in that environment.

FAPE and LRE are closely tied together. Both federal andMassachusetts special education laws require that a Teamconsider appropriate education in the least restrictive envi-ronment. In order to help your child be successful, the Teammust carefully consider whether supplemental aids and serv-ices and specialized instruction could make it possible foryour child to be educated with non-disabled peers. If servicescan be appropriately provided in a less restrictive setting, theTeam must choose that type of program and setting. If the stu-dentÕs program requires a more restrictive setting to be suc-cessful, then the Team may consider other settings. The Teamshould look class by class, activity by activity, and onlyremove your child from the general education classrooms if,and only if, supplemental aids and services would not makeit possible for the student to remain in that classroom andmake effective progress.

Determination of the LRE is based on your childÕs IEP, not ona diagnosis or specific disability label. This determinationmust be made individually and carefully. Students cannot beplaced in separate or more restrictive environments onlybecause they require modification of the curriculum. It isimportant to remember that Teams do not have to choosebetween specialized help for a student and inclusion of thatstudent in the general education classroom; students are enti-tled to both. After the Team has developed the IEP and under-stands the needs and goals for your child, then the Team willdetermine the most appropriate setting for your childÕs serv-ices. LRE is an integral part of the placement determination.

How is thatdetermination made?

28


Who determines whatis the least restrictiveenvironment formy child?

Procedural SafeguardsSpecific procedures that protect the rights of students andparents with disabilities are meant to help make the com-plicated special education process more predictable anddependable. They are designed to ensure that appropriateprocedures are followed and that special education andrelated services are individualized for each student.

Some of the procedural safeguards that have already beenmentioned in this Guide include:

Timelines - examples include:• Credentialed, trained specialists complete

evaluations within 30 school days from writtenconsent for evaluation;

• Teams meet to determine eligibility and if eligible,to develop the proposed IEP for the students, andprovide copies of that IEP to the parents within 45school days from written consent for evaluation;

• School sends IEP to parent immediatelyfollowing it’s development at the Team meeting

• Parent accepts or rejects IEP within 30 days of receipt.

Consent - The parent has the right to consent or refuseconsent at key points such as:

• Evaluation

• IEP services

• Placement decisions

Evaluation requirements - The specific required evaluationsand the requirements relating to doing appropriate evaluationsare also safeguards (see ÒAppropriate Evaluation,Ó pg. 11).

IEP Development - Many of the elements of the IEP func-tion as safeguards for the student to ensure that servicesare comprehensive and individualized.

Procedural safeguards relate to many aspects of the specialeducation process, including eligibility, evaluation, IEP, place-ment or the provision of special education. For example, one ofthe key safeguards for parents is the right to receive writtennotice whenever a school district proposes or refuses to initiate


29

What are some of theprocedural safeguards?

or change key aspects of a studentÕs services. Parents areencouraged to carefully review the ÒParentÕs Rights BrochureÓwhich has been prepared as one means of informing parents oftheir rights in the special education process. The ÒParentÕsRights BrochureÓ is made available to parents at any time uponrequest to the school district and is always provided by theschool when an initial request for an evaluation is received andat other times during the IEP process.

Students, as we discussed in the section on parent and studentparticipation, are central to the process, and any rights that par-ents have flow from the right of the student to receive a FreeAppropriate Public Education. As students grow older, their par-ticipation in the planning for the special education services thatthey receive becomes more active, including participating on theTeam by age 14 (or younger if appropriate) and the transfer ofrights from the parent to the student at the age of majority.

In Massachusetts, 18 years of age is the Òage of majority.Ó Unlessthere has been court action giving guardianship to anotheradult, at 18 years of age students are considered adults and com-petent to make their own decisions, regardless of the severity oftheir disability, including decisions in all special education mat-ters. The Massachusetts IEP form offers students age 18 andolder the opportunity to delegate responsibility, if they wish.Parents and students must be notified about this transfer ofrights to the student and the impact on the student and the par-ents at least one year before the student turns 18. When the stu-dent turns 18, he or she has full authority to consent to, or refuse,services. The school district cannot assume that the services willbe acceptable to the adult student; therefore, the district willneed to seek consent of the student for all IEP services when thestudent turns 18 years of age. Neither the parent nor the schooldistrict can reverse the decision of the adult student unless thereis a court-appointed guardian. The student is responsible forsigning the IEP, and, as with any adult, the student can with-draw his or her willingness to share or delegate these decisionsat any time. When students reach the age of majority, parentscontinue to have the right to receive all written notices and tohave access to the studentÕs school records. Guardianship iscomplex and, therefore, we recommend that anyone question-ing the need for a guardian for their child should consult anattorney (see Resources on pg. 35 for free and low cost services).

What is the “age ofmajority”?

30


When do I get a copyof the Parent’s RightsBrochure?

Do my child’s rightschange with age?

Procedural safeguards also protect the rights of non-Englishspeaking students and families. If English is not your primarylanguage, the school must provide an interpreter to you at nocharge. Written documents such as the IEP and evaluationreports must also be translated into your native language. Ifyou are unable to read in any language or have a visual orhearing impairment, the school is required to make everyeffort to be responsive to those needs. Efforts may include theuse of Braille, sign language, orally translating written lan-guage, or providing other means of communication that iseffective and allows you to understand the information andcommunicate with the school.

Some students with disabilities are able to succeed in schoolwithout special education but require some kind of support-ive service or accommodation. A law known as Section 504 ofthe Rehabilitation Act of 1973 offers students with disabilitiesboth services and accommodations that are necessary for thestudent to participate fully in the life of the school. To receiveservices under Section 504 a student must have a mental orphysical impairment, that substantially impairs a major lifeactivity, and requires special accommodations. Major lifeactivities include functions such as breathing, walking, learn-ing, caring for oneÕs self, seeing, speaking, performing manu-al tasks, hearing, and working. Like IDEA, a Section 504 Planguarantees students with disabilities the right to FAPE.

Section 504 offers a Team approach, a written plan, appropri-ate accommodations, services, and programs, and periodicreview of services. A Ò504 PlanÓ can assure students with dis-abilities the opportunity to join in all aspects of school life.Accommodations in non-academic and extracurricular activi-ties, adaptive equipment or assistive technology devices, anaide, assistance with health needs, school transportation orother related services are possible 504 accommodations.

It is important to discuss your concerns and areas of dis-agreement with the school before entering into more formaldue process procedures. This can often be the quickest andeasiest way to solve a disagreement. If you cannot come toagreement with the school, you have the right to disagreewith the schoolÕs decisions concerning your child. Thisincludes decisions about:


31

Are there specialsafeguards for students

or families whoseprimary language is

not English?

What if my child is notfound eligible for

Special Education?

What is a 504 Plan?

What if I disagree withthe school about what

is right for my child?

• Your child’s eligibility for special education;

• Your child’s special education evaluation;

• The special education and related services thatthe school provides to your child; or

• Your child’s educational placement.

If you are unhappy with any of these areas, you have severaloptions. The first option is to meet with the special educationadministrator at your school and try to reach an agreementabout your childÕs needs and services. Local school districtsoften have specific local procedures to resolve the complaintsof parents. Ask if your district has those procedures.

The law provides for a Problem Resolution System at the statelevel. In Massachusetts, the Problem Resolution System isadministered by the office of Program Quality Assurance(PQA) at the Department of Education. Parents can call PQAto ask a question regarding the laws and regulations pertain-ing to a specific concern. In order to have a complaint formal-ly reviewed by PQA staff, a complaint must be filed in writ-ing. (See page 35 for contact information).

The PQA education specialist will review your complaint todetermine if education laws and regulations are being fol-lowed. Parents and school officials will have an opportunityto provide written information and to speak with the PQAspecialist about the issue(s) presented. At the completion ofthe review, a letter explaining the results of the review and theactions taken to resolve the issue(s) is sent to the parents. If theschool is not meeting the requirements of the law, DOE willmake a finding of non-compliance with the law and will workwith the school to correct the problem.

Parents of children with disabilities have different choicesavailable to them for resolving disputes with schools con-cerning the education of their children. Parents may contactPQA (as described above) or the Bureau of Special EducationAppeals (BSEA) about any matter concerning the identifica-tion, evaluation services, or placement of their child.

The BSEA is an independent organization located with theMassachusetts Department of Education. It is notified by theschool system of all signed rejected IEPs. Within five school

32


What will the StateDepartment ofEducation do if Idisagree with theschool district?

days of receiving written notice of a rejected IEP, the schooldistrict must send notification of the rejection to the BSEA. TheBSEA offers several dispute resolution options. Any parentcan use one or all of these options. More than one option maybe used when needed. These options include:

Mediation: a voluntary and informal process where you and theschool meet with an impartial mediator to talk openly about theareas where you disagree and to try to reach an agreement.

Advisory Opinion: a process where you and the school agree toeach present information in a limited amount of time to an impar-tial Hearing Officer, who will give an opinion as to how the lawwould apply to the situation as presented. An advisory opinionis not written, nor is it binding, and allows either the parent or thedistrict to proceed to a hearing if either party is dissatisfied.

Hearing: a process where you and the district each presentyour case to an impartial Hearing Officer for a written bindingdecision on the best outcome for the student. A hearing is afairly complex legal proceeding and averages three to fivedays in length.

Generally, parents who proceed with the due process system con-sult an attorney or seek representation. For information on free orlow cost legal services see the Resources section on page 35 of theGuide. At any point that you contact the BSEA, it will provideyou with written information on your rights and responsibilities.

When there is a dispute between the parent and the school dis-trict related to an eligible student, if the parent or the districtseeks to resolve the dispute through an appeal to the BSEA, thestudent is entitled to "stay put." "Stay put" means that the eligi-ble student is entitled to continue to receive the IEP services andplacement that were previously agreed to by the parent untileither the dispute is resolved through the BSEA, or the parentagrees to other services or placement.

We hope that the need for filing complaints, or participating inhearings, will be rare. The best defense against misunder-standing is good information and communication. We hopethis Guide will continue to serve as a resource to you in under-standing special education.


33

What does the Bureauof Special Education

Appeals do?

What happens to mychild’s educationalservices while the

school and I resolveour differences?

ConclusionAs a collaborative effort by the Massachusetts Departmentof Education and the Federation for Children with SpecialNeeds, this Guide has been developed as an introductionand overview to receiving special education services underfederal and state law. There have been many recentchanges to the laws guiding special education inMassachusetts and across the country. It is important toprovide information and training for families and schoolsystems alike regarding those changes. Twenty-five yearsof special education services in Massachusetts have devel-oped tremendous resources available for the education ofchildren with disabilities. We hope that this Guide helpsyou understand some of the complexities of the special edu-cation law and process and helps you to assist your child inreaching his or her individual educational potential.

The state and federal Departments of Education are amongthe agencies that provide funding to the Federation forChildren with Special Needs, so that it may provide trainingand technical assistance to families of children with specialneeds. The FederationÕs statewide training workshops pro-vide more detailed information pertaining to topics men-tioned in this Guide. For further information, contact theFederation at 1-800-331-0688 or at www.fcsn.org. Theresources listed in the Appendix that follows may provideadditional assistance.

34


ResourcesFederation for Children with Special Needs(800) 331-0688TTY (617) 236-72101135 Tremont Street, Ste. 420Boston, MA 02120 www.fcsn.orgFederation Satellite Offices:Hyannis: 508-778-0442Worcester: 508-798-0531Northampton: 413-585-8140

Disability Law Center*(800) 872-9992VOICE/TTY (617) 723-845511 Beacon Street, Suite 925(800) 872-9992Boston, MA 02108

Disability Law CenterÑWestern Mass.*(800) 222-5619(413) 584-6337TTY (413) 586-602422 Green StreetNorthampton, MA 01060

Family Ties(508) 947-1231Mass. Department of Public Health 109 Island RoadLakeville, MA 02347www.massfamilyties.org

Massachusetts ARC(781) 891-6270217 South StreetWaltham, MA 02453

Massachusetts Advocacy Center(617) 357-8431TTY (617) 357-8434100 Boylston Street, Suite 200Boston, MA 02116

Mass. Association of Special Education ParentAdvisory Councils (MASSPAC)781-784-8316 P.O. Box 167Sharon, MA 02067 www.masspac.org

Parent Professional Advocacy League (PAL)(617) 227-292515 Court Street, Suite 1060Boston, MA 02108www.ppal.net

Parents for Residential Reform(800) 672-7084TTY (617) 236-72101135 Tremont Street, Ste. 420Boston, MA 02120www.pfrr.org

Volunteer Lawyers Project*(617) 423-0648TTY (617) 338-6790(VLP of the Boston Bar Association)29 Temple Place, 3rd FloorBoston, MA 02111

GOVERNMENT AGENCIESMassachusetts Department of Education (DOE)(781) 338-3000Bureau of Special Education Appeals(781) 338-6400Program Quality Assurance(781) 338-3700350 Main StreetMalden, MA 02148www.doe.mass.edu/sped

*These agencies offer free and low cost legalservices for income eligible individuals.


35

Resources, continued

Bureau of Transitional Planning(617) 727-7600Executive Office of Health andHuman Services1 Ashburton Place, Room 1109Boston, MA 02108

Massachusetts Commission for the Blind(800) 392-6450TTY (800) 392-655688 Kingston StreetBoston MA 02111

Massachusetts Commission for Deafand Hard of Hearing(800) 882-1155TTY (800) 530-7570210 South Street 5th FloorBoston MA 02111

Massachusetts Department of Mental Health(800) 221-005325 Staniford StreetBoston, MA 02114

Massachusetts Department of MentalRetardation(617) 727-5608TTY (617) 727-9866160 North Washington Street Boston, MA 02114

Massachusetts Department of Public Health(617) 624-6000TTY (617) 624-6001250 Washington StreetBoston, MA 02108

Massachusetts Department of Social Services(617) 748-2000TTY (617) 348-559924 Farnsworth StreetBoston, MA 02108

Massachusetts Department of TransitionAssistance(617) 348-8500TTY (617) 348-5599600 Washington StreetBoston, MA 02111 Recipient Services: (800) 445-6604

Massachusetts Rehabilitation Commission(617) 204-3730Fort Point Place27-43 Wormwood StreetBoston, MA 02210

U.S. Office for Civil Rights(617) 223- 9662FAX (617) 223-9669U.S. Department of EducationJ.W. McCormack P.O.C.H., Room 707Boston, MA 02109(for section 504 and ADA complaints)

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a parent’s guide to special education · dear parent: if you are reading Òa parentÕs guide to...

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