FOUR SPECIAL EDUCATION TERMS EVERY PARENT SHOULD UNDERSTAND

There is a lot to know as a parent  of a child receiving Special Education Services but there are four key terms that are apply in almost every instance so you should be familiar with them. They are:

1. Special Education

The term “special education” is defined as "specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including— (A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and (B) instruction in physical education." 20 U.S.C. s. 1401 (29)  Special Education Law is a needs based law. Everything in Special Education is based on data and assessment. 

2. Related Services

The term “related services” means transportation, and such developmental, corrective, and other supportive services. This includes, but is not limited to , speech-language pathology and audiology services, interpreting services, physical and occupational therapy, social work services, counseling services as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children. 20 U.S.C. s. 1401 (26) 

3. Free Appropriate Public Education ("FAPE")

The Individuals with Disabilities Act (IDEA) provides that each eligible child is entitled to a "free appropriate public education" (FAPE). This terms is defined as: 

special education and related services that— (A) have been provided at public expense, under public supervision and direction, and without charge; (B) meet the standards of the State educational agency; (C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and (D )are provided in conformity with the individualized education program...

4. Least Restrictive Environment ("LRE")

"Least Restrictive Environment" means that a child must be educated to the extent possible and appropriate in the least-restrictive setting possible when determining where and how services are to be delivered. 

The list below shows you in order the least restrictive to the most restrictive types of placements used in Massachusetts:  

1. Regular Education Classroom (least restrictive)
2. Resource Classroom
3. Part self-contained 
4. Self-contained classroom
5. Day School
6. Residential School
7. Home-bound placement (most restrictive)

When we put all of these terms together the bottom line is …

School districts must provide a free appropriate public education for students enrolled in their districts. An appropriate education is an education and related services designed to meet the individualized educational needs of a child with a disability as adequately as the needs of non disabled children are met. 

Have questions or concerns about your student? 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

GOOD EDUCATION ADVOCATES/ATTORNEYS ...

A good advocate is well-trained and knows the law …

As Founder and Owner of E.M. Curran & Associates, LLC, Ellen uses her knowledge and experience in both the legal and education settings to guide students and their parents through the entire, complex special education process. Ellen holds a Juris Doctor from Suffolk University Law School (2000) and a Masters in Moderate Special Needs from Boston College’s Lynch School of Education (2010).  Ellen has been trained by the Federation for Children with Special Needs (FCSN) and continues her professional development by attending events hosted by Wrights Law, SPaN, Massachusetts Bar Association (MBA) and Massachusetts Continuing Legal Education (MCLE).

A good advocate understands schools …

After practicing law for many years, Ellen decided to take a break and pursue other career options. Shortly thereafter, Ellen began teaching at an Alternative High School serving High-at-Risk teenagers in a very economically challenged urban setting in Massachusetts.  She taught in this environment for seven academic school years. All of her students had either an IEP or a 504 plan. Many were dealing personal issues on top of their educational difficulties. During this time, Ellen was responsible for drafting and implementing behavioral and emotional goals, IEP goals, behavior plans, transitions plans, and progress reports. She attended IEP meetings, transition meetings, and DCF meetings as well as parent and/or attorney requested meetings related to school, behavior, and learning concerns. Additionally, Ellen has taught pre-law undergraduate classes at a well-known local university for well over a decade.

So what we can do to help you and your student?

• We can provide information about special education options and requirements, and can help you to seek a specific service or program for your child.

• We can help you carefully read your child’s school records, testing information, and IEP.

• Our work is driven by data and not our emotions. Of course we have your child's best interest at heart but as a third party, we are able to take that step back to analyze your child's evaluations and create a complete profile that is not swayed by our emotions or dealings with either side.

• If you wish, and if it is appropriate, we may attend Team meetings with you.

• A skillful advocate can often see solutions not immediately obvious to other people.

• We can help you to become a better advocate for your own child

Have questions or concerns about your student? 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

SOME SUGGESTIONS ON HOW TO ORGANIZE AN IEP BINDER

Over the years, I have tried several different ways to organize a student’s IEP data and other academic related information. The one tool that always works regardless of the amount of paper I’ve accumulated is a 3-ring binder. It may sound like a lot of work but once you have it set up, you can re-use the binder and its set-up year after  year.

What do you to get started: 

1. 3-ring binder. I usually get a 2 or 3 inch binder but the size depends on how much paperwork you think your student will generate in the year.
2. Some tabbed section dividers. I buy a set of 6 dividers, as well as two sets of the 8 dividers.
3. A three hole punch, if you don’t have one.
4. Some lined post-it notes. I like the medium sized ones but you should use whatever fits your needs best. 

First step:

Put the 6 sections dividers into the binder and label them. These are the labels I use:

1. Current IEP
2. Evaluations
3. Communication
4. Report cards/Progress Reports  
5. Behavior/Discipline  
6. Sample work

• I divide Communication, Report cards/Progress reports, Behavior/Discipline and Sample work into the four school quarters using the section dividers from the two sets of 8 dividers I have already bought. 

Second step:

I gather all my paperwork together and sort into each of the sections. I file all documents in reverse chronological order - the most recent document on top. I also hand write in light pencil, bottom right of each document, the date I received/sent the document. 

Current IEP

In this section, I file the most current IEP, any meeting notices and my goal tracker sheet. I update the goal tracker sheet each quarter after I've received the progress report. 

Evaluations

If you are new to the process the first two documents will be your request for evaluation followed by your consent to evaluate. Again I keep this section in chronological order with the most recent report on top.  I sometimes forget what reports say in meetings so I usually create a table of contents for this section and will include a blurb or two of the key points in each report. I do NOT write on these reports. If a blurb is not enough I will put post-it notes with my notes in/on the section that is important.

Communication

In the first week or so of the new school year, I’ll reach out to my student’s classroom teacher and discuss what would be the most efficient way to have consistent communication regarding my student’s successes and difficulties. I have already divided this section into the four academic quarters, so whatever is agreed to, I print out copies of all communications and keep them in this section with the most current one on top.

If I find myself calling the school/teacher/etc. frequently; I will create a phone log and keep track of who I spoke with, the date/time and a summary of the discussion. I would file this phone log in this section too. I would also break the log up into the four academic quarters. 

Report cards/Progress Reports  

I have already divided this section into the four academic quarters. I file each report card and progress report accordingly in this file. I sometimes will put  my goal tracker in this section too just because it related to the progress reports. Either section is appropriate and you need to put it in a section that makes the most sense for you. 

I frequently review this section asking myself:  What is the data telling me? What data is missing?  What doesn't make sense that I need to follow up on. 

Behavior/Discipline  

My student's disabilities often come hand-in-hand with behavior/discipline issues. I keep a log for each academic period. The log tells me how often the student is escorted and/or restrained. How often the student is out of class, for what reason and what the resolution was of the issue. I also use these logs to help me understand if the student is making effective progress and whether or not the placement is appropriate. 

Sample work

I like to either ask the teacher for sample work or I collect papers that are sent home each quarter. I tried to have a couple of pieces of work from each class. I do not collect all bad or all good work. I try to collect work that reflects my student's strengths/weaknesses. This way I can have my own insight into their successes and/or difficulties that I can discuss with their teacher. 

Third Step - Optional Step:

Your binder should be individualized to your student and their needs. Here are some other sections and/or pages you could include in your binder....

Medical Section

If your child has a medical issue you should create another section and label it medical. In this section you could  include names/address/contact info for each doctor, a list of medications (as well as dosage and what it is for), doctors notes if  your child was sick etc

Summary Sheet

This sheet includes the student’s name, dob , grade, teacher’s name and contact info, Aides/Supports/etc. will also be listed here, the Team Chair’s name/contact info

Table of Contents

This sheet is exactly what it sounds like. I create a table of contents that breaks down each section and what documents are in each section. 

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 

CURRENT ADMINISTRATION PLANS TO MERGE DEPT. OF EDUCATION AND LABOR

On Thursday June 21st, U.S. Secretary of Education Betsy DeVos released the following statement:

“President Trump campaigned and won with his promise to reduce the federal footprint in education and to make the federal government more efficient and effective. Today’s bold reform proposal takes a big step toward fulfilling that promise. Artificial barriers between education and workforce programs have existed for far too long. We must reform our 20th century federal agencies to meet the challenges of the 21st century.

“This proposal will make the federal government more responsive to the full range of needs faced by American students, workers, and schools.  I urge Congress to work with the Administration to make this proposal a reality.”

The full government reform plan can be found here.

What does this mean? 

The reorganization plan, entitled Delivering Government Solutions in the 21st Century states that the current administration intends to merge the U.S. Department of Education into the U.S. Department of Labor.  “The Administration proposes to merge ED and DOL into a single Cabinet agency, the Department of Education and the Workforce (DEW). As part of the merger, the Administration also proposes significant Government-wide workforce development program consolidation, streamlining separate programs in order to increase efficiencies and better serve American workers.” The merger would be detrimental to all students, particularly students with disabilities and learning differences.  
The reorganization plan offers no specifics about the proposed merger of the Department of Education into the Department of Labor.  You need to almost twenty-four pages of the plan before you find one short paragraph that addresses K-12 education. Which states in relevant part:

The proposal would merge all of the existing DOL and ED programs into a single department, DEW, with four main sub-agencies focused on: K-12, Higher Education/Workforce Development, Enforcement, and Research/Evaluation/Administration. This would help create alignment throughout the education-to-career pipeline, while also creating coherence within the workforce development and higher education worlds.

The K-12 agency would support State and local educational agencies to improve the achievement of preschool, elementary, and secondary school students, including students with disabilities, Native American students, and English language learners. The agency would comprise improved ED K-12 offices that would better integrate across K-12 programs and more effectively coordinate with higher education and workforce programs. The K-12 agency would administer activities currently implemented by ED’s Offices of Elementary and Secondary Education, Innovation and Improvement, English Language Acquisition, and Special Education Programs. As described below, the Rehabilitation Services Administration would be moved to the Higher Education/Workforce Development agency

If you read the plan further, you will see a chart on page 26 that shows K-12 education and K-12 programs broken into two new separate administrative departments. If you look closer at the chart you will see that both of these new departments are no longer affiliated with the Office of Civil Rights, Research, Evaluation and Administration, and Higher Education Programs.   See chart below:

Since this administration has come to power, they have time and time again taken steps to undermine public education program. This latest plan is concerning since it is so vague that the reader is unable to ascertain what will happen to our children’s educational administration. There seems to be no consideration for the fate of students receiving special education services nor the impact this merger would have on the legal rights of students moving forward.

It has been established time and time again that the right of a student with a disability to a quality education is a fundamental civil right.  How each state interprets this right is often the cause of much controversy. The U.S. Department of Education has a long history of protecting the civil rights of students on a national/federal level. Merging the U.S. Department of Education as proposed would mark yet another significant departure in the protection of the civil rights of students with disabilities.

ARE YOU LEAVING YOUR CURRENT SCHOOL DISTRICT?

With the end of the school year rapidly approaching, it is time for some parents to think ahead to where their child will be living and educated in the fall.

I frequently get asked what to do if you are moving your child to a new school district, so I think its a topic that needs a quick answer:

Whether you move to another town in the same state or a whole new state, your child's new school has a responsibility to obtain  your child's school records promptly. Some school districts allow you to pick up your child's records and bring them to the new school yourself - this is not allowed in every district. When you request that the documents be sent to the new school, ask how long this process usually takes and then schedule a call to the new school to confirm their receipt. 

The new school should review the child's current Individualized Education Plan (i.e. the IEP) to understand the child's diagnosis, special education services, related services etc that your child currently has in place to provide him or her with a free, appropriate public education (FAPE). The new school needs to provide your child with services, placement, aids etc that are similar or comparable to what is stated in the child's existing IEP.  The new school cannot tell you that they "do not do that in their district." 

Tips:

1. If you are moving to a new state, visit the state's Department of Education website and review that state's special education policies and laws. 
2.  Your child's new school MUST  continue to provide your child's services with no delay, gap or other interruption.
3. If your child's current IEP is going to expire at or near the time you plan to move, ask for the team to meet earlier to write the new IEP. (The new school would then have to adopt this IEP).
4. Yes, your child's new school may do their own evaluation but they cannot unilaterally change the contents of the current IEP. 
5. It might be helpful for your child's new teachers and aides to have an overview of  your child's strengths and weaknesses. Ask your child's current teachers and/or aides to if they would be willing to write a letter that you can share with the new staff. *Remember you should allow your child's new teachers/aides to get to know the child on their own. If you do get a letter do not use it as a 'weapon' when you disagree with the new staff.
6. Schedule a visit to the school over the summer so that your child has time to get to used to the new building, layout and people. 
7. Look into the district's parent supports: SEPACs, support groups, PTA, etc. Get involved so that you can build a network of people that you can look to for advice and feedback. 

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