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Special Education
Michelle Bisson Deanna Forist June 15, 2012 Marlboro, MA
Session Agenda
Introductions
Session Outcomes/Learning Objectives
Legal Foundations of Special Education
Special Education Process
Take-a-ways/Ideas and Strategies
Questions and Answers
Session Outcomes and Learning Objectives
Understand the basic steps and critical junctures in the special education process, including eligibility determination
Describe supports and resources that will assist families in successfully navigating the IEP process
Define effective progress: what is it and what it means for students
Individuals with Disabilities Education Act (IDEA)
The federal law that supports special education and related services programming for children and youth with disabilities.
United States Code at 20 U.S.C 1400
Implementing Regulations for IDEA found in the Code of Federal
Regulations at Chapter 34, Section 300
Congressional Findings
Disability is a natural part of the human experience and in no way diminishes the right of individuals with disabilities to participate in or contribute to society.
Congressional Findings (cont’d)
Improving educational results for children
with disabilities is an essential element of
our national policy of ensuring:
Equal opportunity
Full participation
Independent living
Economic self sufficiency
The Six Principles of IDEA
1. Parent & Student Participation
2. Appropriate Evaluation
3. Individualized Education Program (IEP)
4. Free & Appropriate Public Education (FAPE)
5. Least Restrictive Environment (LRE)
6. Procedural Safeguards (Due Process)
Massachusetts State Law
Massachusetts General Law (MGL) Massachusetts Special Education Law: Chapter 71B (previously referred to as Chapter 766)
Massachusetts Special Education Regulations: 603 CMR 28.00
General Education Supports
IDEA requires school districts to implement whole-school approaches and early intervening services to reduce the need to label children in order to address their learning and behavioral issues.
Massachusetts Law
Requires school districts to adopt and implement a District Curriculum Accommodation Plan (DCAP). A DCAP:
is designed to help teachers and principals meet the needs of diverse learners in the general education classroom and,
provides direct and systematic instruction in reading and services that address behaviors that may interfere with learning.
MGL Chapter 71, Section 38Q1/2
The Special Education Process
Referral for Initial Evaluation:
A student may be referred for an evaluation by
• a parent or
• any person in a care-giving or professional position concerned with the student’s development.
603 CMR 28.04 (1)
The Special Education Process
Referral for Initial Evaluation (cont’d):
When a student is referred for an evaluation to determine eligibility for special education, the school district shall send written notice to the student’s parent (s) within five (5) school days of receipt of the referral.
603 CMR 28.04 (1) (a)
The Special Education Process
Referral for Initial Evaluation (cont’d):
School districts shall provide the parent with an opportunity to consult with the Special Education Administrator to discuss the reasons for referral, the content of the proposed evaluation, the evaluators and their credentials.
603 CMR 28.04 (1) (c)
The Special Education Process
Evaluation Timeline:
Within 45 school working days after receipt of consent, the school district shall:
Complete all assessments within thirty (30) school working days.
If requested by parent, written summaries of assessments must be provided two days prior to the Team meeting.
Conduct the Team meeting.
603 CMR 28.05 (1)
School districts cannot refuse to conduct an initial evaluation.
Evaluation data drives the eligibility process.
Multiple measures and assessments are used to determine if the child is eligible.
Can not discriminate on racial or cultural basis.
Appropriate Evaluation
Appropriate Evaluation (cont’d)
Evaluations are administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally and functionally.
Evaluations are administered by trained and knowledgeable professionals.
Required Assessments
Specialist Evaluations - in all areas related to the suspected disability:
Speech & Language
Occupational Therapy (OT)
Physical Therapy (PT)
Functional Behavioral Assessment (FBA)
Assistive Technology (AT)
603 CMR 28.04 (2)(a)(1)
Required Assessments Educational Assessment: This includes
information about the student’s educational history and overall progress, including current educational standing in key curriculum areas.This assessment should also include information on the student’s:
attention skills participation behaviors communication skills memory social relations with groups, peers, and
adults. 603 CMR 28.04(2)(a)(2)(i)(ii)
Required Assessments (cont’d)
The educational assessment should also include a narrative description of the student’s educational and developmental potential.
603 CMR 28.04(2)(a)(iii)
Optional Assessments
Health: Identify any medical problems that may affect the student’s learning.
Home: Assessment of family history that may affect the student’s learning or behavior of the student at home, and may include a home visit.
Psychological: An assessment to consider the student’s learning abilities and style in relationship to his/her social/emotional development and skills.
603 CMR 28.04(2)(b)
Reports of Assessment Results
Each assessor shall summarize in writing:
the procedures employed the results the diagnostic impression, and shall define, in detail and in
educationally relevant and common terms, the student’s needs and explicit means of meeting them
CMR 28.04 (2)(c)
Reports of Assessment Results (cont’d)
The assessor may recommend appropriate types of placements, but shall not recommend specific classrooms or schools.
CMR 28.04(2)(c)
Eligibility Determination
A. Does the student have a disability? What type?
B. Is the student not making effective progress in school due to the disability?
C. Does the student require specialized instruction to make effective progress or require related services in order to access the general curriculum?
A. Does the Student have a Disability?
Review the qualifying disabilities under Special Education Law.
Review the specific definitions of each disability.
B. Is the Child not Making Effective Progress Due to the Disability?
Effective progress is documented growth: 1. In the acquisition of knowledge & skills,
including social/emotional development 2. In the general education program 3. With or without accommodations 4. According to chronological age &
developmental expectations 5. According to the individual educational
potential of the child 6. According to the learning standards of the
MA Curriculum Frameworks
603 CMR 28.02 (18)
C. Does the Student Require Specialized Instruction to Make Effective Progress?
Specially designed instruction is special education
It means adapting the content, methodology or delivery of instruction to:
Address the unique needs of the child as result of the disability
Ensure the child’s access to the general curriculum
IEP Determination Upon determining that the student requires special
education and based upon the evaluative data, the Team shall write an IEP for the student and decide the student’s placement.
The IEP shall describe the special education and related services that the student requires and shall include all elements required under federal and state law.
CMR 28.05 (4)
IEP Team Membership
The child’s parent (s)
Regular education teacher
Special education teacher
A school district representative who is knowledgeable about and can commit resources
An individual who can interpret evaluation results
IEP Team Membership (cont’d)
Other individuals who have special expertise/knowledge regarding the child
The child, when appropriate
Related Services
The IEP may consist solely of related services that are necessary to allow the student to access the general curriculum, consistent with federal and state requirements.
CMR 28.05 (4)(a)
The IEP Team will talk about the related services that the child may need to benefit from special education.
Related Services (cont’d)
Psychological services Physical Therapy Occupational Therapy Speech language pathology and audiology services Counseling Rehabilitation Counseling Recreation, including therapeutic recreation Orientation & mobility services School health services Social work services, and Transportation
34 CFR
300.24
Least Restrictive Environment (LRE)
Under IDEA, students with disabilities:
must be educated with their non disabled peers to the maximum extent appropriate based on their individual needs
attend the school they would attend if they were not disabled, unless the Team determines that the nature of the student’s disability does not allow for a successful educational experience in that environment
Transition Services
(a) Transition Services is a coordinated set of activities for a child with a disability that:
(1) is designed to be within a results- oriented process that is focused on improving the academic and functional achievement of the child to facilitate their movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
Transition Services
(2) Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and includes—
(i) Instruction; (ii) Related services; (iii) Community experiences; (iv) The development of employment and other post-school
adult living objectives; and (v) If appropriate, acquisition of daily living skills and provision
of a functional vocational evaluation. (b) Transition services for children with disabilities may be
special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.
300.43
Is the IEP Able to Assist the Student in Achieving Positive Educational
Outcomes?
Will the student derive benefit from the specially designed instruction?
Is the IEP an appropriate step toward an independent and productive life for the student?
After the IEP is Written
1. Services are provided: The school ensures that the IEP is carried out as agreed to and written.
2. Progress is measured: Progress is measured toward annual goals. Parents are provided quarterly progress reports.
3. IEP is reviewed: At least annually, or more if the parent or school requests a review.
4. A Reevaluation is conducted: Every three years to determine continued eligibility and services.
Resolving Differences Communication is the key. Develop a
positive relationship with members of the Team.
If there is disagreement, the parent may:
Attempt to resolve the dispute by contacting the school Principal, Special Education Administrator or your Superintendent
Request an Independent Educational Evaluation (IEE)
Use the MA Department of Elementary and Secondary Education’s (DESE) Problem Resolution System
Resolving Differences (cont’d)
Appeal to the DESE Bureau of Special Education Appeals (BSEA):
Ask for a Neutral Mediator to be appointed, or
Request a Due Process Hearing and either – participate in a Resolution Meeting or
– present your evidence to an impartial hearing officer
Hearing decisions can be appealed to state or federal court.
34CFR300.151, 300.506-300.518 and CMR 28.08
Questions/Answers/Thank You for Being Champions for Children!
Take-a-ways
Reflections
Resource Materials in the Packet
Resource Card
Contact Information
Deanna Forist
Michelle Bisson
