When Must Massachusetts School Districts Provide Copies of Reports? – An Interpretation and a Call for Revision

We often hear from parents who have asked their school districts to give them copies of evaluation reports as soon as the reports are completed, only to be told that they cannot have those reports until two days before the Team meeting at which the reports will be considered. Many districts will take this position even though the reports in question may have been completed weeks before that meeting. In our opinion, the districts’ position in those cases is flat wrong. Continue reading

Federal Guidance Regarding Speech-Language Services for Students with Autism

The Office of Special Education Programs of the United States Department of Education (“OSEP”) issued a “Dear Colleague Letter” letter on July 6, 2015 regarding speech-language services and evaluations for children with Autism Spectrum Disorder (ASD). Continue reading

Discovery of Information about Proposed Peers at the BSEA: A Practice Note

Why proposed peer group information is essential in BSEA proceedings

The capacity of a school district’s program to meet the needs of a student with a disability often depends heavily on the learning, behavioral, and social communication needs of the peers with whom the district proposes to group the student.   An inappropriate classroom cohort can significantly undermine a student’s ability to make effective progress.  For example, suppose that a child of average intelligence who has severe dyslexia requires placement in small classes where all core subjects are taught with a specialized language-based methodology.  Placing that student in a classroom with students who have different disabilities (such as emotional or intellectual impairments) that require different methodologies would not be appropriate.  Continue reading

Don’t Get Taken for (too long) a Ride; Watch Out for Silent Waivers in an IEP!

Parents should keep an eye out for language in their IEPs that might have them unwittingly signing away the right to limit the duration of their child’s transportation to and from a placement to an hour or less each way.   Massachusetts special education regulations provide, at 603 C.M.R. §28.06 (8)(a):

The district shall not permit any eligible student to be transported in a manner that requires the student to remain in the vehicle for more than one hour each way except with the approval of the Team.  The Team shall document such determination on the IEP. Continue reading

U.S. Department of Education Issues Guidance Regarding Bullying of Students with Disabilities

Bully Free ZoneOn August 20, 2013, the U.S. Department of Education’s Office of Special Education and Rehabilitative Services (“OSERS”) issued a “Dear Colleague” letter that explains, in clear and unequivocal language, school districts’ responsibilities to prevent and address bullying of students with disabilities. Continue reading

Latest Developments in Transition Planning in Massachusetts

Transition services are part of, and not separate from, a school district’s responsibility to provide FAPE.  The IDEA requires transition services that are developed through transition planning by the IEP Team.  Specifically, the IDEA requires every IEP, beginning no later than the one that will be in effect when the child is 16 years old (age 14 in MA), to include “appropriate measurable postsecondary goals based on age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills,” and to describe the “transition services (including courses of study) needed to assist the child in reaching those goals.” 20 USC § 1414 (d)(1)(A)(i)(VIII).  See also 34 CFR § 300.320(b). Continue reading

Seeking Services: Tips for Preparing for IEP Team Meetings and Beyond

Special education law explicitly requires school districts to meet the unique learning needs of students with disabilities to prepare them to succeed as adults in further education, employment and independent living. This is particularly important as students reach transition planning age, beginning at age 14 in MA.  Parents and advocates often face challenges when trying to ensure that school districts address students’ individual academic, social, emotional, and behavioral needs. Continue reading