FOUR SPECIAL EDUCATION TERMS EVERY PARENT SHOULD UNDERSTAND

There is a lot to know as a parent  of a child receiving Special Education Services but there are four key terms that are apply in almost every instance so you should be familiar with them. They are:

1. Special Education

The term “special education” is defined as "specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including— (A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and (B) instruction in physical education." 20 U.S.C. s. 1401 (29)  Special Education Law is a needs based law. Everything in Special Education is based on data and assessment. 

2. Related Services

The term “related services” means transportation, and such developmental, corrective, and other supportive services. This includes, but is not limited to , speech-language pathology and audiology services, interpreting services, physical and occupational therapy, social work services, counseling services as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. 20 U.S.C. s. 1401 (26) 

3. Free Appropriate Public Education ("FAPE")

The Individuals with Disabilities Act (IDEA) provides that each eligible child is entitled to a "free appropriate public education" (FAPE). This terms is defined as: 

special education and related services that— (A) have been provided at public expense, under public supervision and direction, and without charge; (B) meet the standards of the State educational agency; (C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and (D )are provided in conformity with the individualized education program...

4. Least Restrictive Environment ("LRE")

"Least Restrictive Environment" means that a child must be educated to the extent possible and appropriate in the least-restrictive setting possible when determining where and how services are to be delivered. 

The list below shows you in order the least restrictive to the most restrictive types of placements used in Massachusetts:  

1. Regular Education Classroom (least restrictive)
2. Resource Classroom
3. Part self-contained 
4. Self-contained classroom
5. Day School
6. Residential School
7. Home-bound placement (most restrictive)

When we put all of these terms together the bottom line is …

School districts must provide a free appropriate public education for students enrolled in their districts. An appropriate education is an education and related services designed to meet the individualized educational needs of a child with a disability as adequately as the needs of non disabled children are met. 

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

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

CURRENT ADMINISTRATION PLANS TO MERGE DEPT. OF EDUCATION AND LABOR

On Thursday June 21st, U.S. Secretary of Education Betsy DeVos released the following statement:

“President Trump campaigned and won with his promise to reduce the federal footprint in education and to make the federal government more efficient and effective. Today’s bold reform proposal takes a big step toward fulfilling that promise. Artificial barriers between education and workforce programs have existed for far too long. We must reform our 20th century federal agencies to meet the challenges of the 21st century.

“This proposal will make the federal government more responsive to the full range of needs faced by American students, workers, and schools.  I urge Congress to work with the Administration to make this proposal a reality.”

The full government reform plan can be found here.

What does this mean? 

The reorganization plan, entitled Delivering Government Solutions in the 21st Century states that the current administration intends to merge the U.S. Department of Education into the U.S. Department of Labor.  “The Administration proposes to merge ED and DOL into a single Cabinet agency, the Department of Education and the Workforce (DEW). As part of the merger, the Administration also proposes significant Government-wide workforce development program consolidation, streamlining separate programs in order to increase efficiencies and better serve American workers.” The merger would be detrimental to all students, particularly students with disabilities and learning differences.  
The reorganization plan offers no specifics about the proposed merger of the Department of Education into the Department of Labor.  You need to almost twenty-four pages of the plan before you find one short paragraph that addresses K-12 education. Which states in relevant part:

The proposal would merge all of the existing DOL and ED programs into a single department, DEW, with four main sub-agencies focused on: K-12, Higher Education/Workforce Development, Enforcement, and Research/Evaluation/Administration. This would help create alignment throughout the education-to-career pipeline, while also creating coherence within the workforce development and higher education worlds.

The K-12 agency would support State and local educational agencies to improve the achievement of preschool, elementary, and secondary school students, including students with disabilities, Native American students, and English language learners. The agency would comprise improved ED K-12 offices that would better integrate across K-12 programs and more effectively coordinate with higher education and workforce programs. The K-12 agency would administer activities currently implemented by ED’s Offices of Elementary and Secondary Education, Innovation and Improvement, English Language Acquisition, and Special Education Programs. As described below, the Rehabilitation Services Administration would be moved to the Higher Education/Workforce Development agency

If you read the plan further, you will see a chart on page 26 that shows K-12 education and K-12 programs broken into two new separate administrative departments. If you look closer at the chart you will see that both of these new departments are no longer affiliated with the Office of Civil Rights, Research, Evaluation and Administration, and Higher Education Programs.   See chart below:

Since this administration has come to power, they have time and time again taken steps to undermine public education program. This latest plan is concerning since it is so vague that the reader is unable to ascertain what will happen to our children’s educational administration. There seems to be no consideration for the fate of students receiving special education services nor the impact this merger would have on the legal rights of students moving forward.

It has been established time and time again that the right of a student with a disability to a quality education is a fundamental civil right.  How each state interprets this right is often the cause of much controversy. The U.S. Department of Education has a long history of protecting the civil rights of students on a national/federal level. Merging the U.S. Department of Education as proposed would mark yet another significant departure in the protection of the civil rights of students with disabilities.

When was the last time your child's IEP had a check-up?

“To meet its substantive obligation under the IDEA, a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

— Chief Justice John Roberts, U.S. Supreme Court decision, Endrew F. v. Douglas County Schools, March 22, 2017.

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:

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com