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Franklin SEPAC Monthly Meeting – April 14, 2010
Officers and Beth Fitzmaurice (Franklin’s Director of Special Education) were introduced.
We now have the 501c tax status
SEPAC has the position of secretary open for next year. We will have elections at our May meeting if you are interested. Position entails taking monthly minutes at meetings and updating SEPAC website.
July 4th booth is in question, anyone interested? We may just do Harvest Festival & Comedy Night instead of 7/4 booth.
Finance committee met and discussed the following: -A Family Day (Bowling?) Any volunteers to help organize? -Special Ed Dept. donation to help with supplemental things for students. A Social Studies Program was run this year for some students, the 2nd year program needs to now be purchased. Also software (Ipods, recordings of books and text to speech) help is needed at the high school level. We plan to have funds from our November fundraiser help these Special Ed. Needs. -We voted in tonight’s meeting and all agreed!
We need ideas for speakers for next year… Our next meeting will be on Wednesday, May 19, 2010 on Estate Planning for Special Needs FamiliesOur next Parent to Parent Social is Tuesday, April 27th 9:30am at Panera Restaurant in Franklin at 9:30am. For more information on these discussion groups please contact call Terri Morgan at 508-541-7475 Speaker: Ellen M. Chambers from SPEDWatch discussed your Special Education Rights.
Special Education Laws: Federal: Individuals with Disabilities Education Act Statue 20 U.S.C. Section 1400 Regulations 34 C.F.R. Part 300
State: Children with Special Needs Statue M.G.L. 603 C.M.R. 28.00
Related Laws Federal: Section 504 Civil rights act prohibiting discrimination based on disability by any public entity that receives or benefits from federal funding
Federal: Americans with Disabilities Act Extends Section 504 antidiscrimination requirements to entities that do not receive or benefit from federal funding
State: Chapter 688 Guarantees a transitional planning process (not services) to students who will require supports from the adult service system
State: Student Records Law To ensure parents’ and students’ rights of confidentiality, inspection, amendment, destruction of student records
State: Physical Restraint Law To ensure every student participating in a Massachusetts public education program is free from the unreasonable use of physical restraint
Sources of Information Laws, policies and procedures Federal, state and local
Notice of Procedural Safeguards (MDESE) Previously called the ‘Parents Rights Brochure’
Is Special Education the Right Service? (MDESE, March 2001)
IEP Process Guide
Wrightslaw Web Site
SPEDWatch Web Site
Referral Refer student for an ‘initial evaluation’
Anyone in a professional or care-giving position can refer (parent, teacher, Dr.)
Referral can be made at any time, multiple times, at any age (2.5-21)
District cannot refuse to evaluate
Consent to Evaluate Form must be sent to parent within 5 school days
Evaluation Complete the evaluation
Within 30 school days districts receipt pf Consent to Evaluate Form (partial day counts as one day)
Must assess in all areas to suspected disability
Must use information from a number of sources (test instruments, parent input, teacher input, etc.)
Results are produces in written form
Eligibility Make eligibility determination Team meets to discuss evaluations & determine eligibility
If eligible Individualized Education Plan (IEP) is developed
If not eligible notice is sent to parent within 10 calendar days
Criteria #1 Student falls into one or more of the disability categories defined in law:
Autism Emotional Impairment Development Delay Communication Impairment Intellectual Impairment Physical Impairment Hearing Loss or Deafness Vision Loss or Blindness Deaf blindness Neurological Impairment Health Impairment Specific Learning Disability Multiple Impairment
Criteria #2 Student is not making effective progress as a result of the disability(ies)
But what does “effective progress” really mean?
“Progress effectively in the general education program shall mean to make documented growth in the acquisition of knowledge and skills, including social/emotional development, within the general education program, with or without accommodations…
…according to chronological age and development expectations, the individual education potential of the student, and the learning standards set forth in the Massachusetts Curriculum Frameworks (MCAS) and the curriculum district.
The general education program includes preschool and early childhood programs offered by the district, academic and non-academic offerings of the district, and vocational programs and activities.” 603 CMR 28.02(17)
Criteria #3 Student needs specialized instruction in order to progress effectively in the general education program and/or needs one or more related services in order to access the general curriculum.
Timeline: 45 School Days Complete all evaluations (within first 30 school days)
Convene Team meeting to discuss evaluations and determine eligibility
Develop IEP
Provide parents with proposed IEP and proposed placement
Six Basic Principles Federal and state special education laws and the rights of parents and students in special education are grounded in six basic principles.
One unifying concept The purpose of the law
Purpose of IDEA 2004 “…to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living…” 20 U.S.C. 1400(d)
Purpose of MA Regulations “…to ensure that eligible Massachusetts students receive special education services designed to develop the student’s individual education potential in the least restrictive environment.” 603 C.M.R. 28.01(3) Parent & Student Participation Parents have the right to participate in all special education planning and decision making activities.
Students are focus of special education and, at age 14 (or younger if appropriate) are entitled to attend Team meetings and participate in planning for their own future as much as possible.
It is the obligation of the school district to make strong efforts, in multiple ways, to ensure parental and student participation
Under MA law at age 18 students are adults and assume all the rights formerly held by their parents for educational decision making
Special Education Parent Advisory Council (SEPAC) PAC duties include but are not limited to:
Advising the district on matters pertaining to the education and safety of students with disabilities
Meeting regularly with school officials to participate in the planning, development, and evaluation of the school district’s special education programs
The PAC is entitled to receive assistance from the district without charge, upon reasonable notice, and subject to the availability of staff and resources
Right to access the student record “The eligible student or the parent…shall have access to the student record…within ten days after the initial request” 603CMR 23.07(2)
Student records must be kept confidential
Right to observe programming “…a school committee shall, upon request by parents, provide timely access [of sufficient duration and extent] to parents and/or parent-designated independent evaluators and educational consultants for observations of a child’s current program and/or of any program proposed for the child. School committees shall impose no conditions or restrictions on such observations that are not necessary to ensure the safety of children in a program or the integrity of the program while under observation.” Effective January 9, 2009 Addition to Section 3, M.G.L. Ch.71B
Free Appropriate Public Education (FAPE) Free = no charge to parent
Meets state standards = student passes MCAS
Includes preschool, elementary school, secondary school, extracurricular and non academic offerings of the district
Is provided in conformity with an individualized education program (IEP)
Appropriate Evaluation Nondiscrimatory (in student’s native language)
Done by qualified evaluators
Individualized, assessing all areas of suspected disability
Completed within 30 school days
Right to discuss proposed evaluations and evaluators prior to evaluation
Right to consent or refuse evaluation
Evaluation reports must include specific recommendations to meet student’s needs
Right to access evaluation reports at least two days prior to team meeting if requested
Re-Evaluation Every three years or sooner if necessary
Team will reestablish eligibility by asking: Will the student continue to make effective progress without the provision of special education services?
Right to request evaluation once per year
Independent Evaluation If you disagree with school evaluation
Two access points: state guidelines or federal guidelines
School must convene Team to consider results within 10 school days of receipt of written evaluation report
Rate setting rates apply
Independent Evaluation – Two Options
State Federal Time Limit 16 months None
Assessment Type Only an area Any already assessed By school
Disclose Financial Info? Required No
Can school refuse? No Yes
Amount School pays A percentage of 100% of rate setting rate setting (sliding fee scale)
Parent chooses the evaluator(s)
Parent need not explain why they disagree
Federal guidelines require school to Fund at 100% of rate setting, or Within 5 school days file for a BSEA Hearing to challenge request
Individualized Education Program (IEP) Is a contract between parent and school; legally binding
Written description of what services and supports will be provided to student or on behalf of student
Includes parent concerns, student skills, how disability affects learning and functioning
Specific, measurable annual goals
What will be done to assure effective progress in all aspects of the life on the school
How the student will participate in MCAS and district wide assessments
Parent must consent before services begin
Parent may accept or reject the proposed IEP in part or in full
Consent may be withdrawn at any time to any part of the IEP
Least Restrictive Environment To the maximum extent appropriate, students with disabilities must be educated in the general education environment & in the classroom they would have attended if they did not have disabilities
Students cannot be removed from the general education classroom solely because of needed curriculum modifications
A student may be removed from the general education program only in the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be satisfactorily achieved
“Each public agency must ensure that…in selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs.” 34 CFR 300.116(d)
Some Placement Types In the public school building: the general education classroom, a resource room, or a substantially separate classroom
Outside of the public school building: a separate day school or a separate residential school
For young children (aged 3-5): a home-based or center-based early childhood program
Or a combination of any of the above
In the home or hospital: students have the right to receive all educational and IEP services even if they cannot attend school due to health issues
In state run institutional settings: Department of Youth Services, Department of Mental Health, etc.
During disciplinary removals: students have the right to receive all educational and IEP services even if they are properly suspended (for more than 10 days in a school year) or expelled
Procedural Safeguards Right to written notice
Content of written notice
Discipline Protection If student violates a code of conduct resulting in a disciplinary removal from instruction for more than 10 days in a single school year school must conduct a manifestation determination meeting:
If the behavior is a manifestation of disability?
If yes, student cannot be punished and behavior must be addressed as an educational (not disciplinary) issue
Right to “stay put” “In accordance with state and federal law, during the pendency of any dispute regarding placement or services, the eligible student shall remain in his or her then current education program and placement unless the parents and the school district agree otherwise.” 603 CMR 28.08(7)
Disputes Attempt to settle locally Voluntary mediation Bureau of Special Education Appeals hearing Office for Civil Rights (Discrimination)
Noncompliance/Violations Attempt to settle locally File complaint with MDESE Program Quality Assurance
Resources District teachers and administrators
Parent Advisory Council (SPED PAC)
State Department of Elementary and Secondary Education (Our point person is Susan Nichols)
Disability rights organizations
Disability related agencies
SPEDWatch (978-433-5983) www.spedwatch.org
Respectfully submitted,
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