INITIAL EVALUATIONS, REEVALUATIONS AND IEP TEAM MEETINGS

DESE shared some suggested recommendations in regards to Initial Evaluations, Reevaluations and IEP Team Meetings recently.  They acknowledge that due to the unexpected closures of in-person learning in the Spring that many annual review Team meetings, evaluations and/or parts of evaluations may have been postponed. That means that most districts have a backlog of both assessments and meetings that need to be addressed while at the same abiding by the existing deadlines/times lines for annual review Team meetings and evaluations for students who are newly referred and/or due for an evaluation.

What does this mean for you?  

IEP Teams must continue to conduct annual review Team meetings as they are due.

Districts are advised to update the IEP as though the student will be attending school full time in-person; however, given the unpredictable nature of the COVID-19 virus, schools and districts must be prepared to be adaptable in their approach to delivery of IEP services, based on the current health information and trends at that time. As was the case when schools closed in March, any changes to service delivery should be documented in writing to the parent.

It is important to note that a change in the delivery of services due to a school’s change in learning model, in-person, hybrid or remote, as a result of COVID-19 does not result in a change in placement. The services outlined in the IEP remain and are considered “stay-put.”

Schools and districts must maintain open communication and collaboration with families as they respond to the trajectory of the virus and make decisions about the opening and/or closing of school buildings and settings and the learning models to be utilized

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

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

ellen@emcurranlegal.com

SPECIAL EDUCATION IN MA WITH COVID

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

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

ellen@emcurranlegal.com

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