With the start of a new school year, here are some reminders about IEPs.

Remember, you can request a meeting to discuss your student’s IEP at any time. So take some time at the start of the school year to review their IEP. What worked for them last year? What didn’t work? Is it time to ask the team to come back to the table to see if some changes can be made?

Who is the IEP Team?

According to IDEA 2004, Section 1414(d)(1)(B), the IEP team includes: 

(i) the parents of a child with a disability;

(ii) not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment;

(iii) not less than 1 special education teacher, or where appropriate, not less than 1 special education provider of such child;

(iv) a representative of the local educational agency . . .

(v) an individual who can interpret the instructional implications of evaluation results . . .

(vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

(vii) whenever appropriate, the child with a disability.

Parent/Student Concerns Statement

The district needs to include this statement in its entirety as written by the parent/student. Take some time and really think about it. Prepare it in advance and either email it to the proper person or bring a copy to the IEP meeting so they can incorporate it.  Include your greatest concerns, hopes for the student’s accomplishments, concerns regarding the student’s services and/or concerns regarding last year’s IEP. Try and keep this statement as clear, complete but concise as possible. It should not a recap of the child’s entire educational history but a good overview. Try and incorporate some positive statements so that this statement is not perceived as being completely negative or argumentative.

To accept or reject the IEP

It is never advisable to reject the IEP in full. If you reject the IEP in full then the student is no longer eligible for Special Education. The best option is to accept in part and reject in part. It is always better for the student to receive some services (versus none) while the parties work out any conflicts. The District must report a partially or fully rejected IEP to DESE. DESE will send a letter to the parent outlining options to resolve the issues. If a response to a proposed IEP is not received within 30 calendar days, it is considered rejected.  

Student Participation

Students are the focus of special education and, as they grow, students are expected to participate in planning for their own future as much as possible. Students at age 14 are entitled to participate in all Team Meetings. Students at age 18 are adults under Massachusetts law and assume all rights formerly held by their parents for participation and decision making. The student at age 18 will be given the option of assuming all responsibilities, delegating decision-making to their parent/guardian or sharing decision-making with their parent/guardian.

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

SPECIAL EDUCATION DURING THE COVID CRISIS IN MASSACHUSETTS

There has been a lot of news and updates since March 10th when Governor Baker declared a State of Emergency in Massachusetts.  We are highlighting some of these important topics in this blog, but it is not a complete discussion.

DO SCHOOLS NEED TO PROVIDE SPECIAL EDUCATION SERVICES DURING THE COVID CRISIS?

The short answer is yes.  Your student cannot be excluded from school, including remote or online school, because of a disability. Schools must use technology that is accessible, or else provide equally effective alternative options (i.e. 1:1 phone calls, work packets, or other resources.)

But parents/guardians need to acknowledge that schools may not be able to provide all services in the manner they are typically provided pursuant to students’ IEPs. Many specialized instructional opportunities and related services may be modified to be effectively provided by mailing resources and supports to students or it may be delivered online or telephonically. Some examples of specialized instruction include accessible reading materials, speech and language services through video conferencing, and videos with accurate captioning. Moreover, districts may continue to implement many of the accommodations on a student’s IEP, such as extensions of time for assignments, large print, and use of speech-to-text and other assistive technology.

During this period of school closure, districts should make every effort to use creative strategies to provide special education instruction and services to the extent feasible. Moreover, any educational opportunities offered to the general student population, including enrichment activities and resources, must be made accessible to students with disabilities. 

IEP MEETINGS:

IEP meetings should still be scheduled and happen remotely (i.e. via video or phone conference). Interpreters for parents whose primary language is not English and accommodations for parents must still be provided. You are not required to participate in a remote meeting. If you decide you want a ‘live’ IEP meeting, you and the IEP team may agree to reschedule.  If your student’s IEP expires during the school closure, it will remain in effect until a new IEP is developed and accepted.

FREQUENCY OF COMMUNICATION:

School districts should ensure that an IEP Team member (e.g., classroom teacher, special ed teacher or other service provider) communicates regularly with parents and guardians during the period of school closure. The frequency and type of communication will vary depending on the student’s individual needs, the availability of the team member, and the mode of communication utilized. This ongoing communication will help educators and parents/guardians develop a plan for students to receive as much individualized instruction and related services as is feasible through distance learning or other remote learning opportunities. Communication will also promote and sustain important connections between students and their teachers, a source of vital support and stability for students.

EXPECTATIONS:

The closing of your student’s school may cause them to regress if they do not receive all the services, they are eligible for under their IEP or 504 Plan. This means your student may be eligible for compensatory education services. Once school resumes, the school will be required to review how the school closure impacted your student. The school will then make an individualized determination as to what compensatory services are needed to provide FAPE. If you think your student may need compensatory services when schools open, we recommend that you keep a written record of all communication with the school.

IF YOU HAVE A PROBLEM WITH YOUR STUDENT RECEIVING SPECIAL EDUCATION SERVICES:

The Department of Elementary and Secondary Education has a Problem Resolution Hotline. Their number is 781-338-3700. They encourage parents with concerns about receiving services, while school is closed, to call the number.

ONLINE TOOLBOX FOR PARENTS OF STUDENTS WITH DISABILITIES

Here is the state’s new Resource Toolbox for parents of students with disabilities. The Department of Elementary and Secondary Education is working on translating the toolbox and will put it online once it is done being translated.

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

NEXT-GENERATION MCAS...IS YOUR STUDENT READY?

Whether we like it or not, MCAS is here to stay; at least for the foreseeable future. Beginning in Spring 2019 the new version of MCAS called “Next-Generation MCAS” will be given to all grades and it will be administered exclusively on computer (with paper versions as accommodations).  Next-Gen MCAS is the first major revision of the MCAS test since it was first administered. The next-generation MCAS is designed to assess whether a student is prepared for academic work at the next level and is therefore forward-looking. The current MCAS remains a requirement through the class of 2019.

Why is there a new version of MCAS?

The new version combines the ‘best’ features from PARCC and the almost twenty-year-old MCAS assessment. The new version is meant to align with the Massachusetts Curriculum Frameworks, introduces new types of questions/items to more “deeply assess the standards”; focuses on students’ critical thinking abilities, application of knowledge and ability to make connections between reading and writing. Next-Gen MCAS still focuses on English Language Arts (ELA), Mathematics and Science and Technology/Engineering. The tests results are meant to provide reliable feedback on whether students are on track for success after high school.

Who takes MCAS?

Every student receiving a publicly funded education in Massachusetts, regardless of the setting, must participate in MCAS testing. For students with an IEP or 504 Plan, the Team decides how the student will participate: without accommodations, with accommodations or MCAS-Alt. 

New Accessibility features and accommodations:

Universal Accessibility Features (UF):  These modifications to the test environment are available to ALL students and include the use of highlighters, scratch paper, untimed test and repeating or clarifying instructions.

Designated Accessibility Features (DF): These modifications include things such as small group testing, different testing room/setting; 1:1 testing; and allowing student to have frequent breaks. These flexible test administration procedures may be used with ANY student, at the discretion of the principal.  You may specifically ask for DF items on your child’s IEP – put it on the ‘additional page’ of the IEP.

Accommodations (A): Accommodations have not been changed. Students with disabilities are still able to incorporate accommodations that they need and use routinely in the classroom. The Team should list these accommodations on the child’s IEP/504 Plan.

For more information about accessibility features and accommodations click here. 

The new standards for Meeting Expectations are more demanding than the standards for the old-MCAS. What does that mean? DESE predicts that more students will struggle to pass Next-Generation MCAS. Their reasoning for keeping it this way is “The next-generation MCAS is designed to assess whether a student is prepared for academic work at the next level and is therefore forward-looking. This is a different expectation for students, because the older MCAS looked at a student's level of preparation for the grade level in which they were tested.”

Please visit the Massachusetts Department of Elementary and Secondary Education's website to learn more about the Next-Generation MCAS' scoring by clicking here.

What can you do to help your child?

Reach out to your child’s teacher and find out where your child needs to focus/practice; ask about MCAS prep classes and/or other opportunities being offered by the school/district to help support students who are not succeeding according to the test’s results.

Review your student’s IEP/504 Plan to make sure that it identifies individualized, specialized instruction or support that allows them to both access and learn the general curriculum as well as any skills required to make progress with the general curriculum.

Sometimes we try to shield our children from ‘undue stress.’ We highly recommend that you do not pull your student from lower grade MCAS testing. Allow them to participate and see what it is like to sit for the test. By the time they get to high school, where the test results have the most impact and consequences, you do not want them trying it for the first time. Remember students with disabilities must pass MCAS and fulfill all other graduation requirements in order to receive a diploma.

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