School year 2020-2021 is not like any other school year. There are a lot of questions and uncertainty about what will and will not happen this year. DESE has shared many recommendations and suggestions about both general and special education. Here are some of the recommendations in regards to Special Education that will be important for parents to be aware.

Delivery of IEP Services

Students must receive all services documented in their IEPs through in-person instruction, remote instruction, or a combination of both, with a strong emphasis on providing in-person instruction to the greatest extent possible, while abiding by the current necessary health and safety requirements. In particular, DESE urges schools and districts to prioritize in-person instruction for two particular groups of students with disabilities: preschool-aged students, and students with significant and complex needs. Remote learning is often more challenging for these students.

Bottom line what does this mean? Even if the rest of the school has entered into a hybrid or remote model of instruction, schools and districts must make every effort to maintain in-person instruction for students with disabilities, particularly those with complex and significant needs and preschool-aged students.

Promoting Inclusive Services and the Least Restrictive Environment (LRE)

Due to the safety and health protocols that schools need to follow this year, extra consideration should be paid to setting up the classroom/learning space to allow for the physical distancing requirements for students and adults in a classroom but also having enough space to allow for support staff to enter the classrooms throughout the school day to provide services to students with disabilities in the least restrictive environment.

What does that mean?

DESE has provided the example that special education teachers and related service providers (speech language pathologists, occupational therapists, etc.), could provide special education services in the general education setting services remotely from within the school building via video conference, instead of coming into the classroom to provide services. This practice would help to minimize foot traffic in and out of classrooms while also providing access to services that support the inclusion of students with disabilities.

If service providers are not able to provide special education services in the general education setting remotely within the school building via video conference, those educators or related service providers should schedule services in a manner that maintains physical distancing requirements and avoids overlapping with other staff in the classroom or physical setting. This means that some class sizes will need to have less students in it to accommodate the additional educators and staff members who are needed to support students with disabilities throughout the school day.

Parent Engagement

DESE is recommending that schools and districts promote regular two-way communication with families. There is no ‘requirement’ for the frequency, preferred mode of communication and or type of communication and that should be based on the child’s individual needs as well as any language and/or technology access barriers families may face supporting their children with remote learning.

All written and oral communication must be provided in the primary language of the home and in language that is understandable to the general public. This includes translating district-wide and special education notification sent to families, as well as translating special education documents, schedules, and instructions; learning plans, IEPs, Progress Reports and using interpreters at IEP Team meetings.

DESE is recommending that any school personnel who communicates with a family should document the date/content of said communication. So, parents should do the same. This way if there is a disagreement over something both parties can look at their ‘communication log’ and see what was or was not agreed to and move forward to resolution.

Monitoring Student Progress

School districts, collaborative programs, and approved special education day and residential school programs must continue to issue Progress Reports at least as often as report cards or progress reports are provided for students without disabilities.

Educators and service providers must collect data and use this data to monitor the student’s progress to develop Progress Reports. If there are periods of remote learning, educators, service providers, parents, and students should review a student’s IEP and identify the types of data that can be collected from the student, family, and home environment. Staff can re-imagine their roles in a hybrid or remote context, e.g., by using a tracking sheet to collect data from student videos, interviewing parents and students, or using assessments.

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran Legal LLC

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Phone: 781-933-1542
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ellen@emcurranlegal.com

What is an IEP?

The Individuals with Disabilities Education Act (IDEA) requires that public schools create an Individualized Education Plan (IEP) for every child receiving special educations services. The IEP is meant to address each child’s individual and unique learning issues and include specific educational goals. It is a contract, so it is a legally binding document. The school must provide everything it promises in the IEP to the student.

What must an IEP include, by law:

By law, the IEP must include certain information about the child and the educational program designed to meet his or her unique needs. Here is a brief overview of what this information is:

Current performance. The IEP must state how the child is currently doing in school. This statement is based on data obtained from classroom tests and assignments, individual tests given to decide eligibility for services or during reevaluation, and observations made by parents, teachers, related service providers, and other school staff. The statement about "current performance" should explain how the child's disability affects his or her involvement and progress in the general curriculum.

Annual goals. These are goals that the child can reasonably accomplish in a year. The goals are broken down into short-term objectives called benchmarks. Goals may be academic, address social or behavioral needs, relate to physical needs, or address other educational needs. The goals must be measurable-meaning that it should be Specific, Measurable, Attainable, Realistic and Timely.

Special education and related services. The IEP must list the special education and related services to be provided to the child or on behalf of the child. This includes supplementary aids and services that the child needs. It also includes modifications or changes to the program or supports for school personnel-such as training or professional development-that will be provided to assist the child.

Dates and places. The IEP must state when services will begin, how often they will be provided, where they will be provided, and how long they will last. This information is often broken down on a ‘service grid.’

Measuring progress. The IEP must state how the child's progress will be measured and how parents will be informed of that progress.

The IEP must also address the following areas/topics:

Participation with non-disabled children.

Participation in state and district-wide tests.

Transition service needs.

Needed transition services.

Age of majority.

The IEP and your child:

The IEP should not be identical year in and year out. It should reflect where the child is currently. Goals should be reviewed and changed as the child’s needs and achievements change. This is usually done once a year at the Annual Team Meeting but if you believe the IEP is no longer addressing your child’s needs, you may request a Team Meeting sooner.

What can E.M. Curran & Associates LLC do for you and your child(ren)?

After an initial consultation, we will perform an in-depth review of your child's most current IEP as well as the past two years’ worth of IEPs, any and all current school or independent evaluations, as well as any other significant records/reports/etc.

We will then schedule either a meeting, either in person or telephonic; whichever is most convenient for you to discuss our findings and recommendations. The cost of this service is dependent upon the age of your child and the amount of materials that need to be reviewed.

Contact Attorney Curran to see how we may be able to help you:

Meet Ellen

Attorney Ellen Marie Curran is an attorney licensed to practice in Massachusetts. Outside of work, Attorney Curran is an active participant in her community. She is a Museum Teacher Fellow for the United States Holocaust Memorial Museum (USHMM) in Washington, D.C. as well as a volunteer at the Stone Zoo in Stoneham, Massachusetts.