As the school year comes to a close, perhaps you have decided to place your child in a private special education school program in September. Parents may be able to receive public funding for a private placement, but only if they can demonstrate that the District did not offer their child a free appropriate public education (FAPE). If you intend to seek reimbursement from your public school district for a unilateral placement – that is, a private school placement made without the consent of the District – you must provide timely notice of your intention to the District’s Director of Special Education or Superintendent. Under federal law, a parent must give notice either orally at the last team meeting prior to the placement, or in writing at least ten business days before enrollment. Pay attention: notice must be provided within 10 business days, not calendar days, so be sure to subtract weekends and holidays when calculating the time. A written notice – sent by certified mail – is almost always preferable so that there will be a record that the District received notification. The notice must include a brief statement explaining why the parents are rejecting the placement proposed by the District and a statement that the parents intend to seek reimbursement for the costs of the private placement. The key word is brief. You do not need to provide a detailed or lengthy explanation of your reasons. If you fail to provide the requisite notice to the District prior to your child’s placement, you will, with few exceptions, be barred from receiving reimbursement. This is an easy step to overlook with severe consequences, so make sure to set reminders to send timely notification. This is the first post in a new series of articles we have started where we will provide a special education tip each week.  Please check back each week for more tips and answers to frequently asked questions related to special education law. If you have questions about notice requirements, unilateral placement or any other special education issues as you begin to plan for September, please contact us for further information and advice. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.

Determine if Your Child is Eligible for Special Education Services Many parents of students who require special education services have concerns about their child’s progress or particular learning needs beginning at a young age. While parents always know their child best, in order to receive special education services in Massachusetts through the public school system, a student must first be referred for an evaluation to determine if he is eligible to receive such services. To be eligible for services, a child must:      Have a disability;      Not be making effective progress in regular education due to the disability; and      Require either specially designed instruction or a related service that is necessary to access the general education curriculum. The local school district where the child resides will make the determination as to whether a child meets these criteria and is therefore eligible to receive special education or related services. As mentioned above, the initial step in this process is the referral for an evaluation. Under Massachusetts and federal law, a parent or a person in a caregiving or professional position may refer a child for an initial evaluation to determine if a child is eligible for special education services. Once the school district receives this referral, the district must send a written notice to the parents requesting parental consent to conduct an evaluation, and also provide an opportunity for the child’s parents to discuss their concerns and share information with district personnel. If parental consent is not given, the district may obtain authorization from a hearing officer at the Bureau of Special Education Appeals (BSEA). After consent or authorization is obtained, the district must conduct the evaluation at no cost to the parent. Massachusetts special education law provides specific timelines for conducting this evaluation and reviewing the results with parents, which we will discuss in our next special education article. Our suggestion: if you have concerns about your child’s progress, request an evaluation. The findings of an evaluation may lead to entitlement to necessary services, or, at the very least, assure you that your child’s progress is satisfactory. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.

Evaluations are Often Necessary to Determine Your Child’s Progress As the school year comes to an end, take the time to carefully review your child’s final report card and progress reports. Are you satisfied that your child made progress this year? How did he perform in relation to the goals set forth in his IEP? Under federal and state law, your child’s team must provide an educational program that is designed to allow her to make meaningful progress in accordance with her potential. Measuring “meaningful progress” is difficult and requires consideration of many factors. Grades and progress reports alone are insufficient indicators of progress, and parents should be wary if the team’s assessment of progress is based entirely on these subjective measures. In our view, objective measures and standardized tests are the best ways to assess a student’s performance and to determine whether he or she is demonstrating progress over time. If you have concerns about your child’s performance, we strongly recommend that you consider scheduling an evaluation to assess his progress. Evaluations can be requested through the school district or, if you have the financial means or insurance to cover the cost, you may wish to retain a private evaluator. Private evaluations can be costly but are generally more extensive and detailed than evaluations conducted within the district. These evaluations are critical not only to show your child’s progress but also to provide recommendations for services designed to improve your child’s performance. When considering whether to retain a private evaluator, be sure to inquire whether he or she is willing to present the findings of the evaluation at a team meeting or, if necessary, at a due process hearing. An evaluation by someone who is unwilling to present it is essentially worthless. If you have decided to arrange for an evaluation, be aware that this can be a lengthy process. The most experienced evaluators are often booked months in advance. Because of their expertise, they are often worth waiting for, but advance planning is critical. It is best to schedule evaluations when you first have concerns about your child’s performance so that you can obtain a timely assessment and helpful recommendations. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.

Team meetings can be fast-paced and confusing events that are often emotional, with many people offering varied opinions about your child’s progress. On the other hand, communications with teachers and administrators about your child occur more frequently than team meetings, but they are often short and informal and, sometimes, hard to remember. In both situations, important information is commonly shared about your child’s performance and his or her educational program which you may later wish that you had documented. Parents often make the mistake of not writing things down as they occur. When you attend a team meeting, don’t rely on the school minutes as an accurate version of events. Be sure that you take your own notes or, better yet, bring someone with you whose sole job is to write down what occurs. It is important to make a record of what each team member said about your child’s performance. Likewise, when you have discussions with teachers or administrators about your child, it is a good practice to document important information in writing. For example, if a teacher tells you that she is reducing your son’s homework because he is struggling with math, it is perfectly appropriate – and a good idea – to follow up by sending a polite email summarizing your conversation and asking to be kept informed about his progress. Remember, your emails and letters may be included in your child’s file. All correspondence should be based on facts and written in a cordial and unemotional style. Be sure to indicate the date on all correspondence. In addition to correspondence, some parents find it useful to keep a journal or diary concerning important educational events. We find that parents who keep good records are much better prepared and organized in answering our questions about their child’s program. In short, if it is important, write it down. Written records will serve you well if you ever need to document past events. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.

Special Education Tip – Receiving a Timely Evaluation As a parent there may come a time when you are concerned about your child’s performance in school, and you may suspect that your child requires special education services to make progress. If this is the case, you will want to request that your school district conduct an initial evaluation to determine if your child is eligible to receive special education and related services. Once you have requested an initial evaluation, there are specific timelines imposed under both federal and state law that outline when the school district must conduct such an evaluation and convene a team meeting to discuss the results. The laws setting out these timelines can be confusing with some differences between Massachusetts law and Federal requirements set out by the IDEA. Massachusetts law provides stricter timelines than the Federal IDEA when it comes to the period of time a school district has to conduct an evaluation. In Massachusetts, evaluations must be completed within 30 school working days after the receipt of a parent’s written consent to an initial evaluation, or a re-evaluation. In addition, the district must convene a Team meeting to review the evaluation results, determine whether the student requires special education, and, if required, must develop an IEP within 45 school working days after receiving consent for an evaluation. If requested by the parents, the district must also provide a summary of the findings of the evaluation 2 days prior to the team meeting. In essence, this means that once a parent requests an evaluation, the school district has 30 school days to complete the evaluation and 45 school days to complete the entire process, including convening a team meeting to discuss the results and develop an IEP, if necessary. It is important to note that the law uses the term “school days” rather than “days” or “calendar days” which means that only days that school is in session are counted. “School working days” does not include weekends, holidays and other breaks from school. By way of example, if you were to request and provide consent for an evaluation of your child on September 2, 2014, the district would be required to complete the evaluation by October 15, 2014. This counts 30 school days, including a day off for Columbus Day, and not counting weekend days. Under this same example, the school district would have until November 5, 2014 to conduct a Team meeting and draft an IEP (if one was required) as this date falls 45 school days from the date of consent for the evaluation. If you are concerned that your school district is not complying with the timelines for an evaluation required under Massachusetts law, please contact an attorney in our office for further information and assistance – we are here to help. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.

School is about to end. What if my child still needs services? Some children who receive special education services under the Individuals with Disabilities Education Act (IDEA) may be eligible for services beyond the normal school year. These services are commonly referred to as extended school year, or ESY, services. Although these services are typically delivered during summer vacation, as that is the longest break your child has from school, ESY services are not limited to the summer and can be provided during other breaks from school or as an extension of the normal school day. Under the IDEA, extended school year services include special education and related services that are provided to a student with a disability beyond the normal school year, in accordance with a child’s IEP and, importantly, at no cost to the parents of the child. ESY programs should offer services that are consistent with a child’s IEP goals and objectives addressed throughout the school year; however they don’t necessarily have to be the same services delivered at the same frequency as provided during the regular school year. Decisions about a student’s eligibility for ESY services and the type of service(s) needed will be made by your child’s IEP team. This determination can be made at an initial eligibility meeting, an annual review meeting, or even at an IEP meeting convened for the express purpose of considering the need for ESY services. As a parent, you are a member of the IEP team, and you or any other team member can request an IEP team meeting to consider your child’s need for ESY services. In Massachusetts, the team must consider whether or not a child receiving special education services needs an extended year program at least once annually and must record its determination in the IEP. In terms of timing – the Team must consider the need for ESY services prior to the end of the regular school year or the beginning of the school break. If you are concerned about a lack of ESY services, make sure you address your concerns with your child’s IEP team before the end of the school year. If you have further questions about ESY services, please contact us for more information. For more information, please contact us at 781-930-3127. Notice: JavaScript is required for this content.