Special Education Tip # 3: Make a Record of Events
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.
Read MoreSpecial Education Tip # 6: Make Sure Your Child Receives an Evaluation within the Required Timeframe
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.
Read MoreSpecial Education Tip #2: Does Your Child Need Extended Year Services?
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.
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