Where do I Start?

Although CPACSS role is not a part of the school evaluation process, we are able to provide you with key information to get you started in your understanding how to advocate for your child’s best education. As special needs parents ourselves, we know just how complicated it can be. Here are some key points to always remember.

1. Referral
Schools DO NOT ever diagnose your child. CPACSS recommends strengthening your case by contacting your pediatrician who should be able to provide you with outside professionals who can do this referral for you. Remember, to check with your insurance for coverage as this would be done through your own insurance or expense.

HOWEVER:
Identification for a child (3-21 yrs.) with a possible need may come from the following: Parent, Teacher, Doctor, your Child, Community Agent, Child Outreach, or any concerned Individual. If you are unable to provide for or do not want to wait for an outside referral, you may proceed to STEP 2: Appropriate Evaluation by the School.

Additionally, if you prefer not to go through your pediatrician, Alan Dewey, Canton’s Director of Student Services has recommended the following list of:

INDEPENDENT EVALUATION RESOURCES

2. Appropriate Evaluation
Once you have an outside professional diagnosis report and an educational need has been identified for your child by one of these sources.

Or, if you are unable to provide for or do not want to wait for an outside referral, you may make your request in WRITING to have an Appropriate Evaluation done by the school. You would send this written request to the individual listed at your child’s school below:

IMPORTANT: Procedural Safeguards deadlines will not begin until you write your request.

Arrangements will then be made to have your child’s strengths and possible needs evaluated. This will be done through testing and conferences held with those who have worked with your child – teachers, social workers, therapists, psychologists and others. You will be part of this assessment. This evaluation must be completed within 30 school days of your written permission for evaluation addressed to:

The contact list below is organized by school name which contains that location Canton School Team Chairs representative(s).

If school is out for summer session, then you may contact: Alan Dewey, Canton’s Director of Student Services deweya@canonma.org . 781-821-5060 x244

3. Know your parental rights and the educational laws
Review the Procedural Safeguards Timeline below to determine how long this process should take. It is important to follow it in order. You might ask for further explanation from your local special education agency, your local school, the Canton Parent Advisory Council for Student Services (CPACSS), the Massachusetts Department of Education, Massachusetts Advocates for Children, the Federation for Children with Special Needs or your own Attorney. See laws below.

4. Attend a Team Meeting
A team meeting must be held to talk about the evaluations and to determine eligibility. A trained professional will be present at the Team meeting to explain these reports and answer any questions. Be sure to ask the school for copies of the reports in writing in order to exercise this option. You may bring educational advocates, counselors or other appropriate person(s) to assist you at the meeting

5. Individualized Education Program (IEP)
If you and the school agree that your child has a need for special education, an individualized education program will be designed to address his/her learning needs
(See “Individualized Education Program”).

6. Appropriate Placement
Once your child’s learning needs have been identified and an individualized education program developed, the next step is determining the present level of your child’s performance and the necessary services. You and the Team will consider whether your child’s needs are best met in a regular classroom, a resource classroom or a self-contained classroom. (go to “Least Restrictive Environment”). As part of the IEP process, the Team must determine how your child will participate in the Massachusetts Comprehensive Assessment System (See “MCAS”).

7. IEP Review
Your child’s program is reviewed at least once a year to determine how well the program is meeting his or her needs. You may request a review at any time. Your participation is encouraged and needed throughout this process. Your written consent is required for most of the above steps.

Educational Laws, Parental Rights, Glossary

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Least Restrictive Environment (LRE)

The law requires that each child enrolled in the special education program be placed in the “Least restrictive environment.” The intent clearly is to have the child as a close to the natural program or environment as possible while giving consideration to the needs of all children.

The law requires that each child’s Individualized Education Program (IEP) describe the “least restrictive educational environment” based on that child’s specific needs.

You are a valuable member of the Team making these important decisions for your child. The team decides if the child needs a very specialized class and that the bus ride and the recess provide enough time for your child to be with all the other children. On the other hand, the Team may decide that your child’s needs can best be met in a regular classroom with supports, or with scheduled periods of special help. In other cases, the Team may decide that your child is more appropriately served in a self-contained classroom. This is a decision made jointly be the whole Team.

As your child grows and his or her needs change, so will his or her educational program. Changes will be made regularly on the basis of your child’s needs.

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MCAS - Massachusetts Comprehensive Assessment System

The Massachusetts Comprehensive Assessment System (MCAS) is the state’s student testing program. Tests are given at different grade levels, beginning at grade 3, and are based on the Massachusetts Curriculum Frameworks. All students in Massachusetts receiving an education at public expense must participate in state assessments.

As part of the IEP process, the Team must determine how your child will participate in MCAS. The Team should first determine if your child can take the MCAS with or without accommodations. If accommodations are needed, the Team will identify the accommodations. These are typically similar to those accommodations that the student uses during regular classroom instruction.

Some students may be unable to take standard tests, even with accommodations, due to the severity of their disability. These students are then designated to participate in the MCAS Alternate Assessment. The MCAS Alternate Assessment accesses the child’s level of performance by using a portfolio – a collection of information about the student’s accomplishments throughout the school year that is assembled by the child’s teacher.

Be sure that your child’s IEP includes information on how your child will participate in MCAS.

For further information regarding MCAS check out the government web site: http://www.doe.mass.edu/mcas/guides/spedmcas.htm

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Procedural Safeguards

Specific procedures that protect the rights of students and parents with disabilities are meant to help make the complicated special education process more predictable and dependable. They are designed to ensure that appropriate procedures are followed and that special education and related services are individualized for each student.

Some of the procedural safeguards include:

Time Limits
To prevent delays in services to the children or in response to appeals, specific time limits are a part of the laws and regulation. No assessment, programming meeting or appeal process can be delayed unnecessarily.

Referral (parental consent needed)
Within 5 School Days of a receipt of a referral the district must notify the parent and seek consent to evaluate before any assessment begins

Evaluation
Within 30 School Days of parental consent credentialed train specialists evaluate the child

Team Determines Eligibility
Within 45 School Days of parents consent the team determines eligibility

Written IEP In place of clock starts w/original referral
Within 45 School Days of the parents consent for evaluation the team will develop and write an IEP for all eligible students

Parental Consent of IEP
Within 30 Calendar Days of receipt of the IEP the parents consent to the IEP and placement

IEP Revisited
At Least Annually

Reevaluation
At least Every 3 years

Consent

The parent has the right to consent or refuse consent at key points such as:

• Evaluation
• IEP
• Placements Decisions

The Team must include:

• Parent or Guardian
• Special Education teacher
• Regular Education teacher
• District Representative
• Person Qualified to Interpret Evaluation results
• The student if Over 14 yrs. Of age
• Others (people or agencies that have special knowledge of your child)

Appeal Rights
If you disagree with the recommendations of the Team, you may refuse to sign the IEP. Upon your refusal to sign, the recommendations can not be put into effect. The district (or you) may begin an appeal process. This process may be carried out, in orderly steps,, first through the school district and then to the State Department of Education, through mediation or the hearing process. If satisfactory results are not brought about through these education channels, either the parent or the district may choose to carry action into civil court. You may also use this appeal process if you feel a program, which you have approved, is not being carried out as designed.

Representation
At any meeting with school officials or during an appeal process, you have the right to invite one or more advocates you feel will be helpful to you. This might be a friend, a special therapist, an interpreter, counselor, doctor or lawyer. It is your choice.

Findings of No Eligibility
Some students with disabilities are able to succeed in school without special education but require some kind of supportive services or accommodation. A law known as Section 504 of the Rehabilitation Act of 1973 offers students with disabilities both services and accommodations that are necessary for the student to participate fully in the life of the school. Speak with the Principal in your school for more details.

Other students are found to be ineligible for special education or assistive services under Section 504 – if you disagree with this finding, you have the right to have your child evaluated by a qualified professional not employed by the school system. Both federal and state law allows parents to seek an Independent Educational Evaluation (IEE). The Special Education team must then reconvene and consider the information from an IEE. For more information refer to your Parent’s Rights Brochure for parents of student with disabilities.

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FAQs

What IF…

you are not sure if your child should be considered for a special education program?
If your child has a problem – large or small, physical, mental or behavioral – any problem which prevents him/her from functioning to his/her potential in regular school program with reasonable modification, he/she may be entitled for assistance. To help you decide whether your child might benefit, you may request that an assessment be made of his/her abilities, potential and special needs.

school personnel think your child needs special assistance, but you don’t?
You have the right to refuse that your child be assessed or placed in any special education program or service.

you need more explanation of the law regarding your rights?
You might ask for further explanation from your local special education agency, your local school, the Canton Parent Advisory Council for Student Services (CPACSS), the Massachusetts Department of Education or your own Attorney. See laws below.

you felt uncomfortable about meeting teachers and school officials in conferences and meetings about your child?
Prepare for meetings by reviewing all the information you have regarding your child’s needs and strengths and by writing down all questions you want answered and all the points you wish to make. You may want to take a friend or professional person with you to the meeting as an advocate. Remind yourself that, as a parent, you have something to contribute – you are a partner in this process.

you have real doubts about the conclusions of the group working on your child’s (IEP) Individualized Education Program?
You can refuse to sign the IEP. this will stop the program by the team for your child from going into effect. The law provides a process whereby you may ask for further assessment and other hearings. Review Notice of Procedural Safeguards (Formerly Parent's Rights Brochure) that was provided to you above on this site. Or find it online at http://www.doe.mass.edu/sped/prb/

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(IEP)

Purpose
The purpose of writing an IEP is to establish in writing the special education services and resources that will be provided to meet each child’s unique needs. The IEP document is an outline or ‘road map’ of the student’s individualized program. It will guide the day to day work of all the teachers and resource personnel involved.

The IEP will not program the total detailed day-by-day procedures. The IEP is a management tool, which helps all concerned parties know what resources have been explained and committed.

Evaluation
You, your child, a teacher, or another professional may feel that your child is having difficulty and may require some special services. No matter who makes a referral, you must give consent in writing before a special education evaluation can begin.
All special education evaluations must be conducted by appropriately credentialed and trained specialists and must include the following:

• Specialist Assessment: Looks at areas related to a suspected disability.
• Educational Assessment: Looks at student’s education history and overall progress, including: current educational standing, student’s educational and developmental potential as well as student’s attention skills, participation behaviors, communication skills, memory and social relations with groups, peers , and adults.

At the Team Meeting
Members of a Special Education team will meet with you. You may also bring other persons of your own choosing to give you support and assistance. Each team must have on member who knows what services and resources are available to the school district and has the authority to commit the resources of the school at the Team meeting.

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Tips on How You Can Best Play Your Part in this Process

1. Come prepared:
Request and review a copy of the special education evaluation reports from the school two days before the team meeting. Review this material and prepare a list of questions you need answered or any suggestions you wish to make regarding educational objectives, health, transportation, schedules and the “specialness” you know about your child.

2. Don’t be reluctant to ask questions:
If the professionals use such words as “50th percentile”, “standardized scores” and none of it makes sense to you, ask for an explanation.

3. Please read and know the State Education Laws and Regulations:
You should have received these at the time of consent (see “Notice of Procedural Safeguards” for information on “findings of on eligibility”).

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The Program

An Individual Education Program will be developed during the IEP meeting if it is determined that special education is needed. Once your child is identified as eligible for special education services, these services should begin immediately after you sign the IEP.

IEPs should include the following:

• Current Educational Performance
• Concerns of the parent and/or student
• Key evaluation results
• The future vision of the student
• Types of assistance
• A review of services needed to enable him/her to make progress in the general curriculum
• Identification of “other educational needs” such as: behavior, communication, assistive technology, use of Braille, or other special considerations unique to the student
  Annual Goals
• Specific goals for your child’s performance will be described. These should be positive, measurable, achievable and challenging.
• Service Delivery
• Identifies all services that will be provided for the student during the school year, so that student can achieve goals identified. May include: special teaching, consultative services, and training for teachers, transportation, psychological services, counseling services and orientation and mobility services.
• MCAS participation
• The IEP must identify how your child will participate in MCAS (see “MCAS section for further details.

Review of the Program
You may request a review at any time to consider changes in the IEP. In addition, at least once a year, there will be a meeting to review the program. As part of the IEP team you and the team will decide if the program is working as it should or if it requires changes. It is important that you assist the team in maintaining the educational program that is most effective and beneficial for your child.

Re-evaluation
Every three years the school will request your consent to conduct a three-year reevaluation. This reevaluation will generally include all of the types of assessments in the initial evaluation. Following this evaluation, a Team meeting must be conducted to consider current evaluation information and to discuss changes in the IEP or to determine if your child remains eligible for special education. If at any time the district believes that your child no longer requires special education, they must request your consent for a complete reevaluation prior to taking any action to end special education services.

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Glossary of Special Educational Terms

504 Education Program- approved for certain support services or accommodations, but NOT APPROVED for a legal IEP program. This refers to an alternative law known as Section 504 of the Rehabilitation Act of 1973.

Accommodations- special services provided by the school to address a child’s needs. Some examples could be having an aide in class, language, OT, physical environment needs, teacher’s supports in resource room, transportation, MCAS tests taken in smaller room settings. There is an extensive list of types of accommodations offered by each town. Please refer to (link) to see some of the more common types listed.

Advocate- most of them are educational or legal professionals assisting you and representing your child at IEP or 504 program determination meetings. It could also be a physician, counselor, parent or individual who has information to assist team in determining services.

CPACSS- Canton Parent Advisory Council for Special Services. Our local parent group supporting and educating the public about special needs. Special Education services vary in their structure, but a Parent Advisory Councils is a requirement of the current Chapter 766 Massachusetts Special Education Regulation. Each school district is a currently required to have a Parent Advisory council.

DOE- Department of Education

IDEA- the Individuals with Disabilities Education Act (IDEA) is a Federal Department of Education law ensuring services to children with disabilities throughout the nation.

IEE- Independent Educational Evaluation. Parents may request this if their child is found ineligible for both IEP and 504 Programs. It involves having your child evaluated by a qualified professional not employed by the school system.

IEP- Individualized educational program, the legal document outlining the specific special needs of your child and how they will be addressed through special education services.

IEP Review- a yearly meeting that includes all parents, school members, advocates that determine if the IEP program has met its goals. They will make adjustments as needed and create a revised written legal binding document that must be signed by school and parents before it is active.

LRE- least restrictive environment. A law requiring that each child enrolled in a SPED program is placed in the “least restrictive environment” based on getting a child as close to the natural program or environment while giving consideration to the needs of all children.

MA DOE- Massachusetts (or State) Department of Education. Massachusetts school systems refer to and follow educational recommendations and laws initiated by this state department.

MASSPAC- Massachusetts Association of Parent Advisory Councils: The mission of MASSPAC is to maintain a state-wide network of parents, professionals, and school-based councils in a shared effort to understand, respect, and support appropriate education for all children with special needs in our respective communities.

MCAS Alternate Assessment- assesses the child’s level of performance using a portfolio- a collection of information about the student’s accomplishments throughout the school year that is assembled by the child’s teacher.

MCAS- Massachusetts Comprehensive Assessment System is the state’s student testing program. All Massachusetts students receiving a public education must participate. The educational team as part of IEP process determines HOW each child participates, if they need accommodations or not. Also, the team decides if a child’s disability requires taking the MCAS Alternate Assessment.

Procedural Safeguards Document- By law must be given to all parents at team evaluation meetings. It outlines the time frame and legal rights the school and a parent has in determining and/or disputing the findings made by the team.

Special Needs- The Special or unique, out-of-the-ordinary concerns created by a person's medical, physical, mental, or developmental condition or disability. Additional services are usually needed to help a person in one or more of the following areas, among others, thinking, communication, movement, getting along with others, and taking care of self.
(Taken from CICC website)

SPED Director– A school administrator representing and coordinating the special education needs for all the students of the town.

SPED- special education. Refers to services offered outside the guidelines of typical education.

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Advocacy

Sometimes you may want support in your new role as a partner in planning your child’s education. There are people who can help you. They are referred to as advocates. The parent is the primary advocate for the child, but you may at times ask others to act on his/her behalf.

Other Resources:

Helpful Links:

• Wrightslaw
• U.S.Department of Education
• National Network for Child Care
• The National Information Center for Children and Youth with Disabilities
• Massachusetts Association of Special Education Parent Advisory Councils (MASSPAC)
• Federation for Children with Special Needs