Five Basic Rights and Principles of Special Education in Massachusetts

There are many basic rights and principles of Special Education. We are going to highlight and share just five of them in this post…

First – Referral

In Massachusetts, almost anyone can refer a student for initial evaluation. It can be a family member, a teacher, a doctor, etc. The request must be in writing and delivered to the school principal and/or the director of special education. 

Practice tip: Hand deliver this request. Bring an extra copy of the request and have the secretary date/time stamp it for your records.  Why? There are a lot of timelines in special education.

Second – Consent

Even though you have requested that the student be evaluated, the school will often send you ‘their’ form for you to execute. This consent form should be sent to the parent/guardian within five (5) school days of the school receiving your referral request.

Practice tip: You can agree to all or a few of the proposed evaluations. You may also ask for additional evaluations. You should make sure you make a copy of this executed consent form for your records.

Third – Evaluations

The school is obligated to have a qualified person complete all the testing within thirty (30) school days after they received the signed consent form. Parents/Guardians should review any and all evaluation reports that they are given before the Team meeting so that they can be informed and contribute meaningfully.

Practice tip: Request, in writing, that all evaluation reports be given to you at least 48 hours before the Team meeting. If you can, schedule the meeting for a Monday or a Tuesday so you also get the added benefit of the weekend.

Practice tip: Immediately scan all the evaluation reports you are given and keep these copies for your records. This way you will always have a ‘clean’ copy if it is needed and you can write on/highlight/etc. the copy you bring to the Team meeting.  

Fourth – Team Meeting

The Team Meeting should occur within forty-five (45) school days after the school receives the Consent form. The meeting should be scheduled at a mutually agreeable date/time for both the parents/guardians and the school. Unless the parents excuse a Team Member, every team member must attend the Team Meeting.  

Practice tip: Who is on the Team? The Parents/Guardians, School District Representative, General Education Teacher, Special Education Teacher, any collaterals that will provide related services, the student once they turn 14 years old, and anyone else that may be necessary.

Fifth – Accepting/Rejecting the IEP

At the Team Meeting, the evaluations and recommendations will be discussed. The parent/guardian is a vital part of this Meeting – you know the student best. You will have 30 days to accept the IEP or to accept in part/reject in part the IEP. All portions of the IEP that are accepted must be implemented immediately.

Practice tip: Never reject an IEP in full. Always find something that you agree with. If you reject an IEP in full than you are stating that the student does not need special education support and/or services.

Have questions or concerns about your child's education? 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 

SUPPORT FOR STUDENTS WITH MENTAL HEALTH ISSUES

It is normal for children and youth to experience various types of emotional distress as they develop and mature. Let’s be honest, today’s youth are dealing with a wide assortment of topics and stressors that many of us did not experience when we were there age. There is widespread cyberbullying, drug exposure, immigration issues, unstable home lives, body shaming, community violence and abuse just to name a few.

Some students are not equipped with the “tools” to effectively handle their emotions in situations. Sometimes these students will act out in school, not to get attention but to get help and guidance.  As a society we need to look more closely at these “difficult” students to figure out if there is an underlying issue or if it is typical ‘kid’ behavior. When symptoms persist, it may be time to seek professional assistance.

Here are some suggestions for Parents:

It’s okay to make mistakes.  Unfortunately, when you child is born the hospital does not send you home with a manual on how to raise them and address issues that might pop-up. Remember that you are human and you will make mistakes and its okay. Seek out parent support groups so that you can interact with other parents who are dealing with similar struggles. Keep trying until you find the thing(s) that work best for you and your child.

Conversation Matters. Let your child know that they can speak to you about anything they are thinking about without judgment. Let them know that you are there to help them with their thoughts, feelings and/or situations they are dealing with. Be sure you do not get angry or pass judgment. Really listen to what they have to say – you do not have to agree with them but they need to know you hear them. Depending on what they express to you, it may be wise to seek professional support for them.

Parental Presentation. Create a safe haven for them when they are struggling and/or in crisis. Let them know that you will give them some time and space to settle down. When you do talk to them, use a low and soft tone of voice and short statements.  Do your best to remain calm and stable during this period so that your stress does not exacerbate their feelings. Help them process by asking them questions that help them critically think about what they went through “What can you do the next time you are in a situation like this?” or “What made you feel better the last time you felt this way?”

Here are some suggestions for Teachers:

Start Fresh. Do not allow other colleagues opinions of a student cloud your judgment before you get to know the student yourself. Develop your own relationship with the student and ask them what works well for them when they are struggling.

Use your experience to guide you not to limit you. As a former teacher, I can still remember the names of the most “difficult” students that I worked with. I had to constantly remind myself that each student is different and just because Billy and Johnny have the same behaviors, it does not mean the same techniques and approaches that worked for Billy will work for Johnny.

Be Patient. Most of my “difficult” students wanted to do well in school and wanted a positive relationship with me and their peers. I disagreed with colleagues who called these students “slackers” and/or “trouble makers.” I sometimes had to remind myself that turning in a worksheet might not be high up on the student’s to do list especially if they are dealing with abuse and/or neglect at home.  I would find the good in what the student did and praised it so that they knew I was paying attention and their had work was not being overlooked.

Be supportive. Review your student’s IEP to see what suggestions are stated therein. Reach out to the school’s guidance counselor and see if there are any evidence-based programs that you could easily implement into your classroom routines. It would not only support your “difficult” child but the entire class as a whole. 

When should you seek additional support? 

• If it's an emergency in which you or someone you know is suicidal, you should immediately call the National Suicide Prevention Lifeline at 1-800-273-8255, call 911 or go to a hospital emergency room.

• If you can wait a few days, make an appointment with your primary healthcare provider or pediatrician if you think your child's condition is mild to moderate.

• If your child's symptoms are moderate to severe, make an appointment with a specialized doctor such as a psychiatrist. You may need to contact your community mental health center or primary health care provider for a referral.

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