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!