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

Update on DSM-5: IEP Eligibility for Students with Autism or Social Communication Disorders

We posted a comment at the end of May noting that the new DSM-5 definitions substituting “Autism Spectrum Disorder” for a number of autism-related disorders such as Asperger Syndrome do not affect the broader definitions of disabilities under IDEA or Massachusetts special education law. We urged parents and advocates to challenge any school districts that attempt to use the DSM-5 as a basis on which to deny an IEP to a child with a disability falling under this type of impairment. 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

Special Educators Must Advocate for Children: the CEC Professional Standards for Advocacy

In 2011 I wrote a pair of articles for the Newsline of the Federation for Children with Special Needs describing the legal framework and offering some practical guidelines for public school teachers who wish to advocate for children with disabilities within their districts.  Teachers in that role must wrestle with several sources of resistance and limitation, including their own natural reluctance to engage in potentially adversarial interactions with colleagues and/or administrators; the possibility of subtle or not-so-subtle disciplinary repercussions; and the inevitable extra time and energy it requires to advocate effectively – becoming familiar and comfortable with the applicable rights and procedures, educating oneself about alternative solutions, learning to work with diplomacy amid one’s peers, and so forth – none of which extra time and energy is likely to be compensated in one’s paycheck. Continue reading

Section 504 and Your Child’s Rights to Participate in Extracurricular Activities

While you may know that the law provides protections for your qualified child to be able to access his or her academic education, did you know that the law equally protects your child’s ability to access sports and other extracurricular activities through his or her public school?  Earlier this year, the Office for Civil Rights (OCR) of the United States Department of Education provided guidance to school districts and parents, clarifying that Section 504 of the Rehabilitation Act (Section 504) not only applies to your child’s academics, but also applies equally to participation in extracurricular activities provided by the public school.  In fact, OCR noted that extracurricular activities and sports “are an important component of an overall education program,” and provide important health and social benefits to qualified students. Continue reading