Special Education

....If you feel worried or uncertain when your child is being evaluated for special education, please know that you are not alone! Many parents feel this way, whether the process is new to them or not. Your child's team at school is on your side! They are here to work WITH you, so please do not hesitate to ask questions or express your concerns. Below is some information about the special education evaluation process.

the evaluation process:


(1) Referral:

  • “When a student is referred for an evaluation to determine eligibility for special education, the school district shall send written notice to the student's parent(s) within five school days of receipt of the referral.” (603CMR 28.04(1)(a))

(2) Evaluation:

  • Upon receiving parent consent for an initial evaluation, “the school district shall provide or arrange for the evaluation of the student by a multidisciplinary team within 30 school days.” (603CMR 28.04(2))

  • Within 45 school days after receiving parent consent for an initial evaluation or a re-evaluation, the school district must “provide an evaluation; convene a Team meeting to review the evaluation data, determine whether the student requires special education and, if required, develop an IEP...” (603CMR 28.05(1))

  • Written reports of assessment results must, upon request, be made available to the parent at least two days in advance of the Team meeting. (603CMR 28.04(2)(c))

(3) Determination of eligibility:

  • To qualify for special education, a child must (a) be determined to be a child with a disability, having met the criteria for one or more disability categories and (b) as a result of the disability, be determined to need special education and related services.

  • To qualify for eligibility, the Team must determine that, because of the disability, the student either needs specially designed instruction in order to make effective progress or needs a related service in order to access the general curriculum.


Common Questions:

What is a disabling condition, in terms of special education?

  • A disabling condition is characterized by significant delays, impairments, or limitations in the student’s capacity(ies). The MA Dept. of Ed. recommends that to make this determination, the Team should consider all of the following as indices of limited, impaired, or delayed capacity:

  1. a pattern of difficulty that persists beyond age expectations.

  2. a pattern of difficulty across settings.

  3. a pattern of difficulty that is not solely the result of cultural, linguistic, or socioeconomic differences.

  4. a pattern of difficulty that persists despite instructional support activities.


What is specially designed instruction?

  • Specially designed instruction may require modifying content, methodology, delivery of instruction, instructional format, or performance criteria. For example, if the student’s disability means that he or she cannot produce the kind of work expected of, and produced by, other students in the class, establishing alternate performance criteria suited to the student’s needs would be an aspect of the child’s special education program.


What are related services?

  • Under Massachusetts law (603 CMR28.05(2)(A)(1)), a related service may meet the definition of special education. Related services are considered special education if they are necessary to enable the student to access the general curriculum. If a Team determines that the student with a disability does not require specially designed instruction, the Team must also consider if the student requires a related service in order to access the general curriculum. The following example illustrates this requirement:

  • A student with typical cognitive functioning, who has physical challenges as a result of a stroke with right hemiparesis (weakness), has difficulty accessing the school environment and materials. She has difficulty managing self-care activities (e.g. using bathroom, eating, managing clothes), moving in and around classroom and school environments (e.g. cafeteria, playground, bus) and showing what she knows through written work. The team determines that this student meets the eligibility requirements in the educational disability category of “neurological impairment” and is not making effective progress in her educational program. Occupational therapy and physical therapy interventions are required in order to develop strategies that will allow the student to access the curriculum and participate with her peers in school routines and activities and to work toward independence. She does not require modifications in instructional content, methodology, or performance criteria. This student is eligible for a related services-only IEP.


Do children ever exit Special Education?

  • Eligibility for special education should not be presumed to continue indefinitely. All children receiving special education must undergo an appropriate re-evaluation at least every 3 years. If a child no longer meets the criteria for having an educational disability, or has met goals and objectives and no longer needs special education and related services, the Team must conduct a reevaluation to inform this decision (Sec. 300.305(e)(1)). This action may be proposed at an annual review meeting, but can be initiated at any time at the request of a child’s parent.


If a child has a medical diagnosis is he/she automatically eligible for special education?

  • No. According to the MA Dept. of Ed., "Teams may often have conflicting information provided by assessors, including medical professionals, who have made a diagnosis naming a specific disability or disorder. Teams are not obligated to resolve such conflicts nor to accept such diagnoses as sufficient to require provision of special education services. In fact, the special education law explicitly requires that a Team of people, including educators and the parent(s), make a determination of eligibility. Although medical personnel may be members of a Team, they cannot be the only voice of the Team since a determination of eligibility for special education is an educational decision and not a medical one."


Does a student diagnosed by a qualified professional with a disorder listed in the DSM-5 automatically meet the criteria for Emotional Impairment and qualify for special education services?

  • No. According to the MA Dept. of Ed., while that diagnostic information should be considered by the Team and may be important in communicating the nature of a disorder, a psychiatric diagnosis does not routinely address severity and educational impact, nor does it have certain implications for educational interventions. All relevant, reliable and valid information must be considered by the Team when making eligibility determinations, however, no one single source of data can be used to make eligibility determinations.


Must a student have a DSM-5 diagnosis in order to qualify for special education services under the criteria of Emotional Impairment?

  • No. According to the MA Dept. of Ed., the determining factors are that the student must exhibit one or more of five characteristics identified in both the Massachusetts and Federal regulations, and must meet the qualifying criteria of: long time, marked degree, and adverse effect on educational performance.


When should a referral for a special education be made?

  • According to the MA Dept. of Ed: "Most referrals are made because of a real concern that a student may have a disability and some referrals are made because of certain knowledge that a student has a disability....Some parents, however, may seek special education services for their children because they are unaware of other supportive services for their child. Some teachers may recommend special education assessment because of the teacher’s lack of knowledge regarding how to meet the needs of the student. Some schools may depend on special education as the only program to provide “extra” services. Any of these latter scenarios may result in an inappropriate referral or an inappropriate finding of eligibility for special education. Special education was not designed to provide support services across the board, it was designed to serve students with disabilities so that such students are able to have the same full educational opportunities as their non-disabled peers."


* The information above was taken from: http://www.doe.mass.edu/


RESOURCES:

  • Massachusetts Department of Education (2001). IEP process guide. Retrieved from http://www.doe.mass.edu/sped/iep/proguide.pdf.

  • Is Special Education the Right Service? http://www.doe.mass.edu/sped/ta/elig_drft01.pdf

  • Massachusetts Department of Elementary and Secondary Education (2012). Technical assistance advisory SPED 2013-1: Postsecondary goals and annual IEP goals in the transition planning process. Author. Retrieved from http://www.doe.mass.edu/sped/advisories/13_1ta.html.

  • National Center for Learning Disabilities (n.d.). IDEA 2004: Improving transition planning and results. Author: New York, NY. Retrieved from

  • http://www.ncld.org/disability-advocacy/learn-ld-laws/idea/idea-2004-improving-transition-planning-results.

  • Office for Civil Rights (2006). Fact sheet: Your rights under Section 504 of the Rehabilitation Act. Washington, DC: US Department of Health and Human Services. Retrieved from http://www.hhs.gov/ocr/civilrights/resources/factsheets/504.pdf.