Services

Table of Contents

  • Special Education Summary
    • Overview
    • Special Education Laws and Principles
    • School District Obligations
    • Parent and Student Participation
  • FAPE – Free and Appropriate Public Education
  • Appropriate Evaluation
  • Individualized Education Program (IEP)
    • Definition
    • Overview
    • Accommodations and Modifications
    • Goals and Objectives
    • Related Services
    • Recreational Therapy
    • Extended School Year
  • LRE – Least Restrictive Environment
  • Procedural Safeguards
  • Terms and Definition
  • Does Your Child Need Special Education Services?
  • Special Education Eligibility

Special Education Summary

Overview

Students with disabilities can achieve great things in school when they receive the supports and services they require. While not every child with a disability will require special education services, every child whose disability affects their school progress is entitled to receive a free and appropriate public education (FAPE), which meets their unique needs. In this era of school reform, it is expected that high standards will guide the teaching of all students.
A parent, teacher or other professional may refer a student for special education evaluation at any time by contacting the school's principal or administrator of special education.
If you are concerned that your child may have a disability that is affecting his or her ability to make progress in school, you can first speak with the classroom teacher. As you speak with the teacher, explain your concerns and ask the teacher to share his or her concerns. As part of your discussion, it may be decided that classroom accommodations will be used to address concerns for a short period of time. If your child continues to have difficulty with schoolwork, you may make a referral for a special education evaluation at any time.

Special Education Laws and Principles

  • The requirements regarding special education are based on state and federal laws.
  • Special education is specially designed instruction and related services that meet the unique needs of an eligible student with a disability or a specific service need that is necessary to allow the student with a disability to access the general curriculum. The purpose of special education is to allow the student to successfully develop his or her individual educational potential. Along with providing services to the child, if necessary, services are provided to parents and to teachers for the student to benefit from special education. Special education is provided by the school district at no cost to parents.
  • In Massachusetts, the special education system is based on the federal special education law, the Individuals with Disabilities Education Act (IDEA), in combination with the state's special education law (MGL c. 71B). These laws protect students with disabilities who are eligible for special education and guarantee them an Individualized Education Program (IEP) designed to meet their unique needs.
  • The federal and state special education laws are grounded upon six basic principles:
    • Parent and Student Participation
    • Free and Appropriate Public Education (FAPE)
    • Appropriate Evaluation
    • Individualized Education Program
    • Least Restrictive Environment
    • Procedural Safeguards

School District Obligations

  • Special Education and program services which meet all of your child’s educational needs, including academic, social, communication, sensory, behavioral, vocational, daily living skills, organizational.
  • Consider the full range of special education services necessary to meet your child’s unique needs resulting from ASD including, if appropriate, intensive services such as ABA, floor time, pragmatics, sensory integration, literacy instruction, etc.
  • An IEP Team can only consider your child’s unique needs in deciding which services to provide.
  • Your child is entitled to the special education services necessary to learn the material covered by MCAS and the general curriculum.
  • Your child should participate with not disabled children as much as possible. If appropriate for your child, the school district must consider services and accommodations to support placement in regular education all or part of the day.
  • It is illegal for school districts to reduce or deny services for your child solely because of costs or because of the change in special education legal standard (FAPE)
  • When determining eligibility for special education, the school district must determine whether your child is unable to make effective progress in regular education because of his/her disability. The School must consider your child’s social/emotional development as well as academic development when determining eligibility, and must consider the child’s individual potential as well as chronological age and curriculum expectations.

    The Team Must Include:
    • Parent/ Special Education Teacher
    • Regular Education Teacher
    • District Representative
    • Person Qualified to Interpret Evaluation Results
    • The Student if older than 14 years of age
    • Other Individuals or Agencies Invited by the Parent or the School District or who Have Special Expertise or Knowledge of your Child

Parent and Student Participation

  • Parents and students are partners with the school district throughout the entire special education process. As a parent, you know your child best. You have seen your child in different ways and different situations over time. Schools will ask you: "What are your biggest concerns? What do you hope to see your child accomplish?" The special education law provides protections to make sure your concerns are listened to and addressed in the special education process.
  • Students are the focus of the special education process. The Team should be aware of the interests and concerns of the student, no matter what their age. Moreover, as the student grows older active participation of the student is important. In fact, once the student is 14 years of age (or earlier, if appropriate), the law instructs the Team to include the student at the meetings 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 discuss with both the student and the parent the change in the rights of the student and the parent(s) that will occur on the student's 18th birthday. In Massachusetts, at age 18 the student reaches the age of majority and is considered an adult. The student is thus able to make his or her own medical and educational decisions. This includes agreeing or not agreeing to the special education services proposed by the school district. The age of majority is discussed in more detail in this Guide in the section on "Procedural Safeguards".
  • Parents and students are partners with the school district throughout the entire special education process.

For more details concerning the above topics, please call (413) 529-2428.


FAPE –Free and Appropriate Public Education

  • A child who is eligible for special education services is entitled by federal law to receive a Free Appropriate Public Education (FAPE). FAPE ensures that all students with disabilities receive an appropriate public education at no expense to the family. FAPE differs for each student because each student has unique needs. FAPE specifies that needed services must be provided without cost to the family.
  • FAPE guarantees that for students who are found eligible for special education, school districts must be prepared to provide services according to an IEP beginning no later than their third birthday. If a student continues to be eligible, services may continue until the student graduates from high school with a standard diploma or turns 22, whichever comes first

Appropriate Evaluation

  • The law provides a number of protections to ensure that each student receives regular, appropriate, and comprehensive evaluations. Before a determination can be made as to whether or not a student is eligible for special education, an evaluation of the student's educational strengths and needs must occur.
  • When a student shows signs of difficulty in school, one of the first steps may be to observe the student in the classroom or other areas of the school to see if changes might be made that will help the student do better.
  • If your child continues to have difficulty, a referral for special education evaluation should be considered. You can make a referral yourself, or you may find that a teacher or other professional has made a referral for a special education evaluation. Referrals are made by contacting the principal, school personnel, or the school's administrator of special education and asking for an evaluation for special education eligibility
  • When your child is referred for evaluation, you may request a pre-evaluation conference to talk with a school professional about your concerns, what kinds of assessments will be helpful, and who will conduct the assessments.
  • Types of Assessments
    • Specialist Assessment(s)
    • Educational Assessment
    • Health Assessment
    • Home Assessment
    • Psychological Assessment
  • Based on the Team discussion and the evaluation information, the Team will determine if your child is eligible for special education and related services. If your child is eligible the Team will then use the evaluation results to develop an Individualized Education Program (IEP) for your child. For more information, turn to the "IEP" section of this Guide.
  • Every three years the school will request your consent to conduct a three-year reevaluation
  • If, at any time, the district believes that your child no longer requires special education, they must request your consent for a complete reevaluation prior to taking any action to end special education services. At that time, the Team must consider the evaluation information and can make a determination that the student is no longer eligible. As always, you must receive a letter or notice in writing about this type of decision and have the right to disagree or to appeal the decision.
  • If you disagree with the school district's evaluation results you have the right to have your child evaluated by a qualified professional(s) not employed by the school system. Both federal and state law allows parents to seek an Independent Educational Evaluation (IEE).
  • The parents of a child with a disability have the right to obtain an Independent Educational Evaluation. If a parent requests an Independent Educational Evaluation at public expense, the public agency must without unnecessary delay either initiate a hearing to show that its evaluation is appropriate or ensure that an Independent Educational Evaluation is provided at public expense. (IDEA 300.502)

For more details concerning the above topics, please call (413) 529-2428.

Individualized Education Plan (IEP)

Definition

  • An Individualized Educational Plan (IEP) is a written document developed by the school and the child’s parent/guardian to ensure that the proper services and supports are provided to children who have been determined eligible for special education services. For children eligible for special education, the public school system is required to begin schooling at the age of 3 and will continue to provide special education services (assuming the child continues to be eligible for special education services) until the age of 22 or the date of graduation (under normal graduation requirements.) The education team meets to determine eligibility and develop a new IEP annually. The IEP outlines a child’s specific learning needs, based upon professional evaluations, and identifies the appropriate supports and services that are needed to assist the child to progress toward meeting those goals.

Overview

  • The IEP must include
    • Student Vision
    • Participation in goal curriculum
    • Other Educational Needs
  • The first part of the IEP requests information regarding the concerns of the parent and/or student, key evaluation results, and the future vision for the student. This is an opportunity for you, as a parent, to talk about your concerns and what you want special education to accomplish for your child.
  • In addition, the Team should consider all information including the student's medical and educational history and personal interests. This discussion provides an opportunity for you and the school to discuss what special education can do and what it might not be able to do. This part of the IEP process can also be an opportunity for you and your child to express thoughts about the educational program as it has been in the past and how it could change to better meet your child's needs.
  • The federal law, IDEA, states that students with disabilities should participate in the general curriculum. The term "General Curriculum" means the same curriculum that their non-disabled peers are learning
  • Students with disabilities who are found eligible for special education often have areas of need beyond the general curriculum. The Massachusetts IEP form lists a number of Other Educational Needs that may be discussed depending on the individual needs of the student.
  • When a student is found eligible for an IEP, the following forms will be used
    • Administrative Data Sheet
    • Extended Evaluation Form
    • IEP Form
      • Concerns/Strengths/Vision
      • Present Levels of Educational Performance
        •General Curriculum
        •Other Educational Needs
      • Current Performance Levels/Measurable Annual Goals
      • Service Delivery Grid
      • Non-participation Justification
      • Schedule Modification
      • Transportation Services
      • State or District-Wide Assessment
      • Additional Information
      • Response Section
    • Progress Report
    • IEP Amendment
    • Placement Consent Form
    • Evaluation Consent Form
    • School District Proposal
    • Meeting Invitation
    • Attendance Sheet
    • Chapter 688 Student Referral Form
  • Two powerful documents to take to an IEP meeting are
    • Parent Attachment which reflects all of your specific concerns and your judgment of what your child needs. Request
      theParentAttachmentbeincluded as part of your official input to the official IEP document
    • Prior Notice Record of Proposals

Accommodations and Modifications

  • When considering both the general curriculum and other educational needs, the Team will consider specific accommodations, modifications, and services to assist the student to reach their best educational performance. The Team considers whether it is necessary to adapt the content (change the complexity of information being taught). The Team also considers whether it is necessary to adapt the methodology or delivery of instruction (change in the way the information is taught) or the performance criteria of the classroom (change the way the student expresses what they have learned).
    • Accommodations – Allows a student to complete the same assignment or test as other students, but with a variation in time, format, setting, and/or presentation. This adjustment to an assignment or a test-taking situation does not change the meaning of a student’s score. An example of anaccommodation would be allowing a student to take a rest alone in a quiet room.
    • Modification – An adjustment to an assignment or a test taking situation that changes the standard for a particular student/ An example would be a student completing an alternate assignment.

Goals and Objectives

  • Annual Goals are broad, generalized statements about what is to be learned. They describe the expected growth in your child's skills and knowledge over the next year as a result of the special education that he or she receives. Goals should be positive, measurable, achievable, and challenging. Annual Goals should relate to the academic and/or non-academic needs of your child. A good goal has five essential parts and may be determined by answering these simple questions:
    • Who – your child
    • What will be achieved? – skill or behavior
    • How? – in what manner or to what level?
    • Where? – in what setting and under what conditions?
    • When? – at what point in the IEP period?
  • Measurable Annual Goals are broken down into smaller pieces called objectives or benchmarks. They begin with what your child can do (present level of performance) and are observable accomplishments
  • Objectives
  • Smaller steps or milestones your child needs to make in order to reach the annual goals. They are specific, measurable, short-term, bservable student behaviors
  • Foundations upon which you can build lessons and assessments that you can prove meet your overall course of lesson goals
  • The purpose of objectives is not to restrict spontaneity or constrain the vision of education in the discipline; but to ensure the learning is focused clearly enough that both students and teacher know what is going on, and so learning can be objectively measured
  • Common Types of Objectives:
    • Psychomotor
    • Cognitive
    • Affective
  • Objectives should specify four main things:
    • Audience
    • Behavior
    • Condition
    • Degree
  • Benchmarks are based upon achieving a specific skill in a specific period of time. Benchmarks allow for regular checks of progress
  • New state law requires that IEP teams of all children with ASD “Shall consider and shall specifically address” the following:
    • Verbal and nonverbal communication needs
    • The need to develop social interaction skills and proficiencies
    • Needs resulting from the child’s unusual responses to sensory experiences
    • Needs resulting from resistance to environmental change or change in daily routines
    • Needs resulting from engagement in repetitive activities and stereotyped movements
    • Need for any positive behavioral interventions, strategies and supports to address any behavioral difficulties resulting from autism spectrum disorder
    • Other needs resulting from the child’s disability that impact progress in the general curriculum, including social and emotional development.

Related Services

  • To be eligible for related services, a student must need special education, unless the related service needed by the child is considered special education rather that are related service.
  • A student with a disability who does not need special education but who needs a related service may be eligible for that service under Section 504.
  • The law requires that a child be assessed in all areas related to his or her disability. This includes, if appropriate, evaluating the child’s :
    • Health
    • Vision
    • Hearing
    • Social and Emotional Status
    • General Intelligence
    • Academic Performance
    • Communication Status
    • Motor Abilities
  • Based on evaluation results, the IEP Team discusses, decides upon, and specifies the related services that a child needs in order to benefit from special education. Making decisions about how often a related service will be provided, and where and by who is also a function of the IEP team.
  • Providers of related services in the schools typically includes (but are not limited to) professionals such as: school counselors, school psychologists, school social workers, school health professionals, speech-language pathologists, and occupational and physical therapists. The training and credentials of these paraprofessionals will vary from State to State.
  • A school district must ensure that all of the student services specified in the student’s IEP are provided, including the amount specified. The district usually decides how the services listed in the IEP will be delivered. Generally there are two basic kinds of related service interventions offered by schools to meet the range of student needs.
    • Direct Service refers to hands on, face-to-face interactions between the related service professional and the student. They can take place in a variety of settings (in-class, 1:1 outside of classroom setting, playground, etc.). Typically the related service professionals analyze student responses and uses specific techniques to develop or improve particular skills.
    • Indirect Services may involve teaching, consulting with and/or directly supervising personnel so that they can carry out therapeutically appropriate activities.
  • School districts may not charge parents of eligible students with disabilities for the cost of related services that have n been included in the child’s IEP.
  • If a child with a disability has identified for related services, the public agency responsible for the child’s education should ensure that the qualified provider of that service either:
    • Attend the IEP meeting, or
    • Provide a written recommendation concerning the nature, frequency, and amount of services to be provided to the child.
  • Transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education. They include:
    • Speech-language pathology and audiology services
    • Interpreting services
    • Psychological services
    • Physical and occupational therapy
    • Recreation, including therapeutic recreation
    • Early identification and assessment of disabilities in children
    • Counseling services, including rehabilitation counseling
    • Orientation and mobility services
    • Medical services for diagnostic or evaluation purposes
    • Related services also include school health and nurse services, social work services in schools, and parent counseling and training.

Recreational Therapy (A Related Service)

  • For children on the autism spectrum, “educational needs” go far beyond just academics. Communication, social and sensory impairments often make it difficult and sometimes impossible for academics mastery to occur. The challenge kids on the spectrum have making friendships, emotional relating and higher order thinking need to be considered.
  • Recreational therapy should be considered in planning an appropriate program for a special needs child.
  • The most common interpretations of Recreational Therapy include play, playtime, sports or leisure activities. However, the law states that “intensive recreational services” should be provided in educational settings in order to develop the skills necessary to participate in other integrated social and community setting. This, then , may include social skills training.
  • Social interaction among peers, as with teachers and other adults, is a learned behavior. When it is not being learned appropriately, it becomes our responsibility to teach it. If we do not teach and reinforce, positive appropriate behavior, students with ASD may exhibit inappropriate behaviors.
  • The spontaneous, less-structured nature of play and recreation can be much harder for people with autism to comprehend and follow.. Play and recreation opportunities can sometimes involve rather abstract concepts and experiences, which can be difficult for the person with autism to comprehend.
  • The following is a partial list of benefits that participation in recreation can help accomplish for people with autism:
    • To expand interest
    • To develop/improve communication skills
    • To explore or expand knowledge
    • To improve cognitive functioning
    • To be with, interact with, and build friendships with others
    • To be able to make leisure choices
    • To help others and be able to contribute to home and community
    • To enhance self-control
    • To follow rules, directions, and procedures
    • To gain others respect
    • To enjoy completing and mastering things
    • To improve physical functioning
    • To relax physically and emotionally
    • To learn and improve coping skills
    • To heighten self-awareness and self-esteem
    • To promote community integration
    • To increase life and leisure satisfaction
  • It is recommended that when necessary a Certified Therapeutic Recreation Specialist assist with recreation, inclusion and social skill needs of people with autism. Particular areas of need that are addressed by a CRTS can include assessment of skills, interests, needs, and environment.

ESY – Extended School Year

  • Special education and related services that are provided by the school district beyond the traditional school year, usually during the summer. These services must be provided at no cost to the parents.
  • The decision about ESY eligibility is made by your child’s IEP Team.
  • There is no single criterion for deciding eligibility for ESY. Factors include:
    • Regression/Recoupment standard. This means you look at whether your child will lose skills due to a break in school and how long it takes your child to regain these skills when school starts again
    • Nature and/or severity of disability
    • Degree of progress
    • Emerging skills breaking through opportunities
    • Interfering behaviors
    • Special circumstances
  • If you think your child needs extended school year, follow these steps:
    • Ask for a copy of your school’s ESY policy
    • Understand the different criteria for ESY eligibility – Regression/recoupment and FAPE standards
    • Review your child’s IEP form measurable objectives
    • Refer your child for ESY
      • Send a letter to your school
      • Early referral is better
      • Ask your school to collect information
      • Gather information that support your child’s need for ESY
      • Talk with people who know your child’s needs
      • Seek an independent evaluation
      • Determine the ESY services and supports your child

For more information on the above IEP topics, please call (413) 529-2428.

LRE - Least Restrictive Environment

  • The federal law, IDEA, mandates that students with disabilities must be educated with their non-disabled peers to the maximum extent appropriate based on the student’s needs. The team determines the placement that student needs to provide the services on provide those services.

Procedural Safeguards

  • The Notice of Procedural Safeguards (formerly known as “Parent’s Rights Brochure”), is an interim notice that incorporates statutory changes of IDEA-2004.
  • Specific procedures that protect the rights of students and parents with disabilities are meant to help make the complicated special education process more predictable and dependable. They are designed to ensure that appropriate procedures are followed and that special education and related services are individualized for each student. Parents have considerable rights to agree or disagree with proposals of the school district, and also have the right to make proposals themselves. Some of the procedural safeguards include:
    • Timelines (see attached)
    • Providing Your Written Consent
    • The parent has the right to consent or refuse consent at key points such as:
      • Evaluation
      • IEP Services
    • Placement Decisions
    • Evaluation Requirements
    • IEP Development
    • Prior Written Notice
      • Must inform parents of their rights. It is a form that the school must use to tell parents why they’re doing what they’re doing or why they are not doing what they are not doing – they must tell parents in writing.
      • Types of Prior Written Notice include the “Notice of Meeting” and “Prior Notice (which describes all special services and placements for your child.
    • Parents’ responsibility to provide notice to the school district if you place your child in a private school.
    • Right to an Independent Education Evaluation (IEE)--An evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of the child.
    • Complaints, Mediations and Due Process Hearings
    • Student Records – Access
  • Letters of Understanding are excellent tools to document conversations and to clarify positions. When people communicate, sometimes there are misunderstandings regarding what took place and future expectations. School administrators, special ed personnel, teachers and parents can misunderstand exactly what is asked of them or what the expectations are.

For more information about LRE and Procedural Safeguards, please call (413) 529-2428.

Terms and Definitions

  • AT
    Assistive Technology is any item, piece of equipment, or product system that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.
  • BSEA
    An independent organization with the Massachusetts Department of Education. It is notified by the school system of all signed rejected IEP’s. Within five school days of receiving written notice of a rejected IEP, the school district must send notification if the rejection to BSEA. The BSEA offers several dispute options:
    • Mediation: A voluntary and informal process where you and the school meet with an impartial mediator to talk openly about the areas where you disagree and try to reach an agreement.
    • Advisory Opinion: A process where you and the school agree to each present information in a limited amount of time to an impartial Hearing Officer, who will give an opinion as to how the law would apply to the situation as presented.
    • Hearing: A process when you and the district each present your case to an impartial Hearing Officer for a written binding decision on the best outcome for the student.
      Generally parents who proceed with due process system consult an attorney or seek representation.
  • DEVELOPMENTAL DISABILITY
    Any physical or mental condition that begins before the age of 18 years, causes the child to acquire skills at a slower rate than his/her peers, is expected to continue indefinitely, and impairs the child’s ability to function in society.
  • DP
    Due Process Hearing is a process for resolving a despute between the family and the child and family service agency related to the delivery of early intervention services. In special education, due process refers to a process for resolving a dispute between the family and the public school related to the identification, evaluation, and placement of a child with disabilities.
  • EI
    Early Intervention are specialized services provided to infants and toddlers ages birth to three who are at risk for or are showing signs if developmental delay.
  • FCSN
    The Federation for Special Needs is an independent advocacy organization committed to quality education, healthcare for all and protecting the rights of children
  • FBA
    A Functional Behavioral Assessment is a process that examines why the child behaves the way he/she does given the nature if the child and what is happpening in the environment. It is a process for colleting data to determine the possible causes of problem behaviors and to identify strategies to address the behaviors.
  • IDEA
    The acronym for a law entitled Individuals with Disabilities Act.
    ☆See enclosed yellow card for IDEA law.
  • IFSP
    An Individual Family Service Plan is a written document that defines the early intervention services provided to the child and the family. The program is designed to meet the needs of the child and family and is based on family-identified priorities.
  • LD
    The acronym for Learning Disability.
  • LEA
    Local Education Agency is your public schools operating in accordance with statutes, regulations, and policies of the State Department of Education
  • MEDIATION
    A third party is provided between the parents and the service providers to help resolve or shed light on an issue
  • NATURAL ENVIRONMENT
    The natural or everyday settings for your child. These are places where the child would be if they didn’t have a special developmental concern.
  • NCLB
    No Child Left Behind is the principal federal law affecting education from kindergarten through high school for children “at risk”. It provides opportunities for children to learn and progress
  • OT
    An Occupational Therapist is a professional who provides therapy services based in engagement in meaningful activities of daily life such as self-care skills, education, recreation, work or social interaction.
  • PDD
    The acronym for Pervasive Developmental Disorder
  • PLP
    The acronym for Present Level of Educational Performance
  • PT
    A professional who performs Physical Therapy services.
  • PQA
    Problem Quality Assurance is part of the Problem Resolution System at the Department of Education. Parents can call PQA to ask a question regarding the laws and regulations pertaining to a specific concern.
  • SI
    Sensory Integration is a technique used by Occupational Therapists that provides playful, meaningful activities that enhances an individual’s sensory intake and lead to more adaptive functioning in daily life.
  • SLP
    A Speech and Language Pathologist is a trained therapist who provides treatment to help a person develop or improve articulation, communication skills, and oral-motor skills.
  • “STIMMIMG”
    Abnormal behaviors (self-stimulation), such as head banging, watching the fingers wiggle, or rocking side to side, that interferes with the child’s ability to “sit still” and pay attention or to participate in meaningful activity
  • SECTION 504
    This law offers students with disabilities both services and accommodations that are necessary for the student to participate fully in the life of school. To receive services under Section 504 a student must have a mental or physical impairment that substantially impairs a major life activity, and requires special accommodations.
    Section 504 offers a Team approach, a written plan, appropriate accommodations, services, and programs, and periodic review. A “504” plan can assure students with disabilities the opportunity to join in all aspects of student life. Accommodations in non-academic and extracurricular activities, adaptive equipment or assistive technolog devices, an aide, assistance with health needs, school transportation or other related services are possible accommodations.


For more information on Terms and Definitions, please call (413) 529-2428.


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