Does your IEP grid use the words "Sped Staff" under Type of Personnel? I am currently reading through three (3) separate IEPs that use this term to describe the Personnel in the Grid. Despite PQA finding a District in noncompliance for using this term in 2013 (!), Districts are still attempting to use this in IEPs. (Examples below)

PQA ruled that this is in violation of 603 CMR 28.06(2)(a) and stated that "the term SPED Staff is not sufficient to describe the types of personnel required on the IEP service delivery grid." PQA directed the District to refrain from using the term sped staff and that each IEP should identify the type of service providers, e.g., special education teacher, paraprofessional, Occupational Therapist, etc.

CMR 28.06(2)(a) requires an IEP Team to consider "the types of service providers." In order for an IEP Team to make a reasonable decision regarding a student's placement, the IEP Team (and this includes, YOU, the parent!) must have some knowledge of the kinds of service providers who will provide the student services. PRS stated, “In the same manner which the IEP Team must distinguish between the types of related services necessary for the student (for example, "speech Therapy" or "Physical Therapy") in making its placement decision, the regulation requires the same sort of consideration for distinguishing the student's service providers.” "SPED Staff is not sufficient to describe the types of personnel required on the IEP service delivery grid. PQA ordered the District to send a memo to the IEP Team Chairpersons stating that the use of term "SPED Staff' on the IEP service delivery grid is not acceptable and that each IEP should identify the type of service providers, e.g., special education teacher, paraprofessional, Occupational Therapist, etc.

Parents - your child’s IEP depends on the specificity of the language. How can you provide informed consent if you do not understand what you, the most important member of the team, are consenting to in the IEP? Details and language matter! When reading through your child’s IEP, go through the language in the document word for word. If you interpret the language one way, the likelihood is that someone else will interpret the language another way. When reading an IEP, a Hearing Officer found that the sentence, “rules-based reading with one-to-one instruction” did not equate to the interpretation proposed by the Parent that the child’s systematic reading instruction be delivered only in a one-to-one setting. Rather, the Hearing Officer found that the IEP language was inclusive and should be read broadly to permit flexibility in selecting the appropriate setting for the delivery of services.

How many times have you sat in an IEP meeting and thought, “I don’t think [what they are saying] is true?” How many times have you received your child’s IEP, the N1, or an email from the District and thought, “Is this accurate? Can school do this? What are my child’s rights?”

Let’s start with Extended School Year. The daily duration of a student's program must be equal to that of the regular school day, unless a Team states that a different duration is necessary to provide a free appropriate public education (FAPE) to a student. In such case, the Team shall specify the daily duration of the program, and the Team shall state on the IEP the reason for such different duration. Extended school year services must be provided only if a child's IEP Team determines, on an individual basis, that the services are necessary for the provision of FAPE to the child. “An extended year program may be identified if the student has demonstrated or is likely to demonstrate substantial regression in his or her learning skills and/or substantial difficulty in relearning such skills if an extended program is not provided.”

Let’s examine this statement from a student’s N1:

Image: “The District rejects the option of providing Extended School Year (ESY) services for ___. In order to qualify for ESY, a student who has an active IEP must demonstrate substantial regression following a school vacation.”

Let’s unwrap this. Is this statement true? Technically, yes. Is this the standard for a child to qualify for ESY services? No. Fortunately for parents in Massachusetts, DESE drafted a helpful Q&A Guide on Special Education ESY. The document is very informative; let’s look at Q#3 & #4:

“AT least once annually, the IEP Team MUST consider the need for ESY. The determination must be made on an individual basis. May the Team wait and see? No - The Team MUST NOT put off a determination to offer ESY programming until the end of a break in services (i.e. summer vacation). The Team must consider the need for ESY prior to the beginning of the break in service by anticipating whether substantial regression and problems with recoupment will occur in the absence of ESY services.”

DESE’s Guide on ESY specifically states that the Team must not put off a determination to offer ESY until the end of a break? Did I also read that School must (…it says, must?) consider the need for ESY prior to the beginning of a break in service? Wait, did I also read that when a child’s IEP was marked “NO” for ESY prior to any team discussion that the Team predetermined the ESY qualification? And, this decision must be made on an individual basis and discussed at the meeting? Hmm, this seems to contradict this District’s statement above? Let’s continue… Q#9

DESE breaks down the term "recoupment" and "significant regression" for the Team in Q#9. Specifically, significant regression and recoupment consist of the following inter-related elements:

(1) the loss of performance levels that were attained before a break in service,

(2) the child's limited learning rate, which lengthens the amount of time the child requires to review and/or relearn previously attained objectives, and

(3) the fact that the time for that child to accomplish such recoupment is greater than the period of time the school district allows all other children for review and/or relearning.

Really! It is interesting that DESE gives three elements for significant regression, yet this Team gave one - “must demonstrate significant regression following a school vacation.” Let’s Continue to Q #10:

So, this is interesting, too? Q #10 states that any decision regarding ESY must (hey - there’s that word again!) take into account the child's history of significant regression and limited recoupment capability. “In other words, a child's Team must look backward and forward when considering the need for ESY programming.” In addition to significant regression and/or limited recoupment, courts also look at other ESY criteria to be applied by a Team, as follows:

• the degree of the child's impairment
• the parents' ability to provide structure at home
• the child's rate of progress
• the child's specific behavior and/or physical problems
• the availability of alternative resources
• the child's ability to interact with non-disabled children
• the specific curricular areas in which the child needs continuing attention
• the vocational and transition needs of the child
• whether the service requested is "extraordinary" rather than usual in consideration of the child's condition.

“Only when all factors are considered together by the child's Team can a determination be made as to how much service will be offered.” Wait, again. So, is this saying that it is not just substantial regression. It is not just limited recoupment capacity, but it entails criteria such as the nature and severity of the disability? Interfering behaviors? Specific curricular areas which require continuing attention? Meaning, what is likely to happen to this child without these services? Interesting, because when I read the IEP and the ESY box was just checked off prior to us sitting at the table, none of this was discussed? [CRICKETS].

What if the Team said they do not have enough data and deny ESY? Let’s look to Q#11:

“The unique nature…” That sounds like a cue for an individualized Team decision? Yes! ESY must be individualized. It must be driven by needs. ESY does not just refer to summer school. It is not just the predetermined 4 hours, 5 weeks that every school offers a student. ESY includes any day that is not a school day. This means weekends, holidays, early morning, late afternoons. And, just like regular school year placements, the principles of LRE apply to the provision of ESY services. Fact: Many Districts used ESY qualification as criteria for receiving “in-person” Cohort services this Fall. Parents, it would be wise to request (now) for data to be taken on your child the first two+ weeks of school so you have data regarding if he or she retained information from the summer and Covid/March. You should request for quantitative and qualitative data regarding your child, including anecdotal records on the rates of both learning and relearning, as well as your child's attainment of his/her IEP goals and objectives.

Have you been in an IEP meeting discussing your child’s needs and related services, only to be told by the IEP chair, “hmmm, we will have to check and see if we can do ___ / provide ____ and get back to you.” Why? "We make these decisions as a Team." I must be confused because this is the Team? No. Don't be gaslighted by the school. You ask: Who is here representing the District?

...IDEA mandates that your IEP team include several required Team members. If appropriately gathered (i.e., ALL required members present) present team members include: You (the parent), a Special Education teacher of your child, a Regular Education teacher of your child (if appropriate), a person who can interpret evaluation results, any member a parent may invite (although to note - they are not required, but you can invite whomever!), however most important to this scenario - The representative of the District/School who has the AUTHORITY to COMMIT the resources of both time and personnel of the school. This representative must be “qualified to provide or supervise the provision of specially designed instruction (special education) to meet your child’s unique needs AND is also knowledgeable about your school’s general education curriculum AND the availability of school resources.” 

So, who is here with the authority to not only discuss the Districts' resources, but the authority to approve them? I’ll wait… and I would like this in writing - and request it in the N1. Don't let the school delay and delay and delay what your child needs. #Specialeducation #specialeducationlaw#specialeducationadvocate #IEP #504Plan #FAPE

I have been contacted several times this week regarding Parents’ Independent Evaluations, so I wanted to shed some light on the topic. 

“Within ten school days from the time the school district receives the report of the independent education evaluation, the Team shall reconvene and consider the independent education evaluation and whether a new or amended IEP is appropriate.” This is very simple. This means, ten schools days from receipt of report, the Team is *required by law* to reconvene, consider, and make an eligibility determination. The district cannot ignore this report and send you a consent form for their turn to evaluate, or tell you what they feel is “best,” or perhaps what they would like to do next and therefore, delay the determination of eligibility. Can the team request further evaluations? Yes (and, your consent to this is optional), but this consent does not negate their legal obligation to read, review, and appropriately agree/counter/or deny your proposals. Now, I want to repeat a word - the Team must meet and "consider" the evaluation results. The Team may meet, “consider,” and disagree with your report. However, by failing to meet and ignoring your report, they have essentially predetermined their rejection of the recommendations without a glance.

So, as a parent and EQUAL team member, what can you do? Leave little to question. Be proactive. How? Take this report from consideration mode to a proposal/s. Proposals require an answer. Put pen to paper and transform these recommendations into direct, concrete proposals prior to your meeting (in writing!). Next, request these proposals at your meeting triggering Prior Written Notice. Prior written notice must contain a comprehensive description of the action proposed (or refused) by the school system. According to IDEA, the notice must include:

1. a description of the action proposed or refused by the school;

2. an explanation of why the school proposes or refuses to take the action;

3. a description of each evaluation procedure, assessment, record, or report the school used as a basis for their decision;

4. a statement that the parents of a child with a disability have protection under the procedural safeguards and, how the parents can obtain a copy of them;

5. sources for parents to contact to obtain assistance in understanding these provisions;

6. a description of other options that the IEP Team considered and the reasons why those options were rejected; and

7. a description of other factors relevant to the school’s proposal or refusal.

The team must make a decision based on this evaluation. They can develop a full or partial IEP. If your child is found eligible, they are to immediately develop an IEP. Private evaluations can be extremely expensive. Don’t allow this resourceful, thorough document be ignored by the school. Please reach out if you have any questions regarding your rights! 

A parent writes, “I have requested to observe my child in her classroom and the school told me I am not allowed?” 

In Massachusetts, parents have the right to observe any program(s) proposed for their child if their child is identified as eligible for special education services. To allow parents to participate fully and effectively as equal IEP team members, “… a school committee must, upon request by the parent, provide timely access to parents, parent-designated independent evaluators and educational consultants for observations of a child’s current program and proposed programs. This includes both academic and non-academic components of the program. Parents (and their designees) must be given access of sufficient duration and extent to enable them to evaluate a child’s performance in a current program and the ability of a proposed program to enable such child to make effective progress. School committees shall impose no conditions or restrictions on such observations except those necessary to ensure the safety of children in a program or the integrity of the program while under observation or to protect children in the program from disclosure by an observer of confidential and personally identifiable information in the event such information is obtained in the course of an observation by a parent or a designee.” [emphasis mine.]

Let’s break this down: This right extends to parents, parent-designated independent evaluators, and educational consultants. Some observation requests may require more planning depending on the complexity of your child’s needs, the program(s) observed, the program schedule, and the parent’s availability. It is recommended that schools determine observation requests on an individual basis, and work with the parent as a Team to find access to observe in a timely manner.  In addition, schools may not restrict or place conditions on observations unless they are necessary to address specific concerns about the impact of the observations on the program itself or the children in it.  Some schools may argue observations interfere with the class program, but without merit, this cannot be a basis for denial or restriction from your child’s classroom.  A common argument schools cite is the violation of confidentiality of the other children in the program. While confidentiality of all children is paramount, parents are often invited into a student’s room daily for a variety of reasons - mystery reader, volunteer in math centers, Holiday parties, the list goes on. School staff must simply take measures to remove any materials that are a part of another student’s record from the observer’s view. Observations are an important resource that provide invaluable input not only for future program recommendations, but helpful insight into your child’s social and learning environment. 

The beginning of the school year is filled with many “to-do’s” for parents: packing lunches, buying required school supplies, filling out teacher paperwork, updating school health forms, attending open house…the list goes on! However, for your children, the only back to school thoughts they are having are the never-ending options of after-school activities, sports, classes, and clubs! Cue the carpools and late night dinners. Extracurricular activities are an important component of an overall education program. Participation in extracurricular opportunities provide important health and social benefits to all students, particularly those with disabilities. Many students, however, do not attend these extracurricular activities and parents are often led to believe that special education services are not provided for these activities because they are not “academic” or not within school hours. 

Federal regulations provide a list of nonacademic and extracurricular services and activities, which include sports, counseling services, transportation, health services, recreational activities, or clubs / groups sponsored by the school. Further, the Massachusetts regulations state that all students receiving special education must have an equal opportunity to participate in non-academic and extracurricular programs of the school.

When discussing nonacademic and extracurricular services and activities, school districts must ensure that each child with a disability participates with nondisabled children in extracurricular services and activities to the maximum extent appropriate to the needs of that child. And, the school must ensure that each child with a disability has the supplementary aids and services determined by the child's IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.  

Now, what does this mean to you, the parent of a child who cannot manage extracurricular activities alone or needs certain accommodations or services to access the life of the school?  Perhaps, it is first grade after-school flag football, or a recreational class organized by the school? Maybe he or she wants to join the chess club held at the school library, or try an art class taught by the school Art teacher? Or, your child wants to participate in school council but has a 1:1 aide, or would love to be cast in the school play, but has dyslexia and cannot read the scripts? The school district must take steps, including supplementary aids, services, and accommodations, determined appropriate and necessary by the IEP Team, to provide nonacademic and extracurricular services and activities as they would for non disabled peers. This means schools must provide disabled students with the help they need to be involved in these activities, and these activities, as well as the supplementary aids and services, must be in your child’s IEP. 

Now, simply because a student is a “qualified” student with a disability does not mean that the student must be allowed to participate in any selective or competitive program offered by a school district. Schools may require a certain skill level or ability in order to participate in a competitive program. So long as the selection or competition criteria are not discriminatory, your child is required to tryout/audition like all students. Your student does, however, have the right to tryout with needed supports.

Meet with your child’s IEP team, including any and all school staff involved in after-school programs, to discuss your child and the supports and services necessary for success. Team collaboration is the key to this success. All students must have access to any activity or program sponsored by the school. If an after-school or before-school program is run by the school, then all students must have access. If a student has an aide during school as specified in his or her IEP, then as determined appropriate and necessary by his or her team, the school must provide an aide for the extracurricular program. It is not uncommon for a school to inform parents that a child cannot attend a program unless the parent accompanies the child. This is not true! There is no requirement that a parent must accompany a child, and the school cannot prevent a student from attending for that reason. Likewise, do not let the school inform you their obligation is over when the school bell rings! Every student with a disability, and this means a student on an IEP OR a 504 plan, has the right to access not only the school curriculum, but has the right to the life of the school! 

A parent asks, "Some of my child's IEP goals are no longer relevant to his current performance levels. Over the summer, he was in social groups three times a week, met with his speech therapist two times a week, and OT one time a week. He worked on a few of his IEP goals and has mastered two out of five. I told the teacher, but she wants to give it time and see how he is doing for herself. What can I do?"

Over the summer, many of us experience the "summer slide," and this is expected by the IEP team and teachers. It is their focus to get your child up to par and learning! However, IEP changes may also be necessary should your child experience growth or development over the summer.  Perhaps he or she learned a new skill? Mastered an IEP goal? Many children have more hours to see a therapist or attend social groups/camps. This should be addressed with your team so you are attaining proper, measurable goals! You don't want to be working on goals you have already achieved! 

Review the IEP, and send a written letter to the school (special education chair, IEP Team facilitator, etc.) regarding your new information and request to convene the IEP Team. It is helpful to be as specific as possible and include all current data from outside therapists. You can't deny data! By law, the school must meet with you annually to review your child's IEP, but the team can convene and alter the IEP at any point throughout the year. And, as with every IEP, you do not have to sign the IEP at the meeting. Review the IEP to ensure that the document is complete. Do you need help writing a letter to your IEP TEAM? Please contact me and I can help you! Have a question you want answered? Email me at jen@maseradvocacy.com!