#COPAA2015 – The Annual Conference of the Council of Parent Attorneys and Advocates

The best teachers teach their students that they should never stop learning. I remember my favorite teachers reinforcing that. My father, who was a public school teacher and principal for 35 years, also taught that to me. As a lawyer, I love learning from other lawyers and advocates – new tips, new ways of thinking about issues, new procedures, new laws, new approaches, etc. With this in mind, I am currently attending the annual conference of the Council of Parent Attorneys and Advocates (COPAA) in San Diego. It is four solid days of interacting with colleagues from around the country and learning from the best in the field.

Today, I attended an all day session entitled “OCR, 504, ADA and Making the Most of Your Civil Rights.” Just as the name applies, we spent all day dealing with alternatives to the standard special education due process procedure. When most people think of a Free Appropriate Public Education (FAPE), they think of special education and IDEA. But Section 504 also has a FAPE standard.  Bullying and disability discrimination can be a basis for denial of FAPE under Section 504. Another interesting tidbit we discussed today was that when it comes to communication devices, in the decision about which devices are appropriate, the ADA gives primary consideration to the preference of the individual with a disability. 28 CFR 35.160.  In fact, the public school must honor the choice of the student with a disability unless they can prove that an alternative would be just as effective. IDEA does not contain this “equally effective” standard, but the ADA does. This is just the tip of the iceberg – many of the rights granted to students and parents by Section 504 and the ADA can be just as powerful, if not more powerful, then those granted under special education law.  We also spent a good deal of time talking about restraints, seclusion, OCR complaints, and OCR mediation.

Tomorrow will be another all-day session entitled “Assessment Boot Camp: Understanding Tests and Measurements.” Saturday and Sunday will consist of several shorter sessions dealing with a plethora of subjects. I also will have the honor of presenting a session designed to help attorneys who are running their own special education law practice (i.e. the things that special education attorneys need to think about when they run their own practice versus working for somebody else).

This is now my fourth annual national COPAA conference. In each of these conferences, I have come away with so many new ideas and approaches to help me advocate successfully for my clients.

The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire.  Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.

What Qualifies as a Disability?

Medically speaking, there are countless types of disabilities.  Educationally speaking, the number disability categories is much more limited.  What sometimes causes confusion and frustration for parents and school personnel alike is that the definition of disabilities under state and federal laws differs from the medical definitions used by doctors under the DSM-5 manual.

Massachusetts

For a child in Massachusetts to qualify for an IEP, he or she must have at least one of the following specifically defined types of disabilities:  Autism, Developmental Delay, Intellectual Impairment, Sensory Impairment (Hearing Impairment or Deaf, Vision Impairment or Blind, Deafblind), Neurological Impairment, Emotional Impairment, Communication Impairment, Physical Impairment, Health Impairment, or Specific Learning Disability. 603 CMR 28.02(7).  Although this might seem like a very limited list of disabilities, they are, in fact, very broad categories that cover a wide variety of conditions.  The specific definitions under Massachusetts education law are as follows:

 

(a) Autism – A developmental disability significantly affecting verbal and nonverbal communication and social interaction. The term shall have the meaning given it in federal law at 34 CFR §300.8(c)(1).

(b) Developmental Delay – The learning capacity of a young child (3-9 years old) is significantly limited, impaired, or delayed and is exhibited by difficulties in one or more of the following areas: receptive and/or expressive language; cognitive abilities; physical functioning; social, emotional, or adaptive functioning; and/or self-help skills.

(c) Intellectual Impairment – The permanent capacity for performing cognitive tasks, functions, or problem solving is significantly limited or impaired and is exhibited by more than one of the following: a slower rate of learning; disorganized patterns of learning; difficulty with adaptive behavior; and/or difficulty understanding abstract concepts. Such term shall include students with mental retardation.

(d) Sensory Impairment – The term shall include the following:

 Hearing Impairment or Deaf – The capacity to hear, with amplification, is limited, impaired, or absent and results in one or more of the following: reduced performance in hearing acuity tasks; difficulty with oral communication; and/or difficulty in understanding auditorally-presented information in the education environment. The term includes students who are deaf and students who are hard-of-hearing.

 Vision Impairment or Blind – The capacity to see, after correction, is limited, impaired, or absent and results in one or more of the following: reduced performance in visual acuity tasks; difficulty with written communication; and/or difficulty with understanding information presented visually in the education environment. The term includes students who are blind and students with limited vision.

 Deafblind – Concomitant hearing and visual impairments, the combination of which causes severe communication and other developmental and educational needs.

 (e) Neurological Impairment – The capacity of the nervous system is limited or impaired with difficulties exhibited in one or more of the following areas: the use of memory, the control and use of cognitive functioning, sensory and motor skills, speech, language, organizational skills, information processing, affect, social skills, or basic life functions. The term includes students who have received a traumatic brain injury.

 

(f) Emotional Impairment – As defined under federal law at 34 CFR §300.8(c)(4), the student exhibits one or more of the following characteristics over a long period of time and to a marked degree that adversely affects educational performance: an inability to learn that cannot be explained by intellectual, sensory, or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; or a tendency to develop physical symptoms or fears associated with personal or school problems. The determination of disability shall not be made solely because the student’s behavior violates the school’s discipline code, because the student is involved with a state court or social service agency, or because the student is socially maladjusted, unless the Team determines that the student has a serious emotional disturbance.

(g) Communication Impairment – The capacity to use expressive and/or receptive language is significantly limited, impaired, or delayed and is exhibited by difficulties in one or more of the following areas: speech, such as articulation and/or voice; conveying, understanding, or using spoken, written, or symbolic language. The term may include a student with impaired articulation, stuttering, language impairment, or voice impairment if such impairment adversely affects the student’s educational performance.

(h) Physical Impairment – The physical capacity to move, coordinate actions, or perform physical activities is significantly limited, impaired, or delayed and is exhibited by difficulties in one or more of the following areas: physical and motor tasks; independent movement; performing basic life functions. The term shall include severe orthopedic impairments or impairments caused by congenital anomaly, cerebral palsy, amputations, and fractures, if such impairment adversely affects a student’s educational performance.

(i) Health Impairment – A chronic or acute health problem such that the physiological capacity to function is significantly limited or impaired and results in one or more of the following: limited strength, vitality, or alertness including a heightened alertness to environmental stimuli resulting in limited alertness with respect to the educational environment. The term shall include health impairments due to asthma, attention deficit disorder or attention deficit with hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and sickle cell anemia, if such health impairment adversely affects a student’s educational performance.

(j) Specific Learning Disability – The term means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think speak, read, write, spell, or to do mathematical calculations. Use of the term shall meet all federal requirements given in federal law at 34 CFR §§300.8(c)(10) and 300.309.

 

New Hampshire and Federal Education Law

Unlike Massachusetts, New Hampshire education law simply defers to the federal educational definitions of disability, but then adds two more categories not found in the federal law.  The federal special education disability categories are as follows: mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.  34 CFR 300.8.  The extensive definitions are as follows:

(1)

(i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

(ii) Autism does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraph (c)(4) of this section.

(iii) A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied.

(2) Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

(3) Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification that adversely affects a child’s educational performance.

(4)

(i) Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:

(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(C) Inappropriate types of behavior or feelings under normal circumstances.

(D) A general pervasive mood of unhappiness or depression.

(E) A tendency to develop physical symptoms or fears associated with personal or school problems.

(ii) Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) of this section.

(5) Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but that is not included under the definition of deafness in this section.

(6) Mental retardation means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance.

(7) Multiple disabilities means concomitant impairments (such as mental retardation-blindness or mental retardation-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness.

(8) Orthopedic impairment means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

(9) Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that–

(i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and

(ii) Adversely affects a child’s educational performance.

(10) Specific learning disability.

(i) General. Specific learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

(ii) Disorders not included. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

(11) Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance.

(12) Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.

(13) Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness.

34 CFR 300.8(c).

New Hampshire specifically references the federal definition (Ed 1102.01(t)(1)), but then also includes developmental delays and acquired brain injury as two additional categories. Ed 1102.01(t)(2 – 3).

 

The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire.  Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.

MA Legislature Passes Autism Omnibus Bill

The Massachusetts Legislature recently passed the Autism Omnibus Bill.  Massachusetts Advocates for Children, which provided vital advocacy in support of the Bill, has summarized the key provisions as follows:

  • A requirement that MassHealth cover medically necessary treatments for children with ASD who are under 21 years old – including ABA therapies as well as dedicated and non-dedicated AAC devices;
  • Extension of Department of Developmental Services (DDS) eligibility to many persons with Autism, Prader Willi Syndrome and Smith-Magenis syndrome;
  • The creation of an Autism Endorsement for special education teachers to enable them to voluntarily gain in-depth knowledge about the complexities of educating students with ASD;
  • The creation of tax-free saving accounts (called “Achieving a Better Life Experience” or ABLE) to help families cover anticipated disability-related expenses for individuals with ASD and other physical and developmental disabilities;
  • Requiring DMH and DDS to develop and implement a plan to provide services to individuals who have both a mental illness and a developmental disabilities; and
  • Establishing the Autism Commission as a permanent entity.

Mass Advocates Web Site Summary

 

Mass Advocates has also published:

The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire.  Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.

How We Won School Discipline Reform in Massachusetts

By Tom Mela, Massachusetts Advocates for Children

This guest post was written by Tom Mela, Senior Project Director at Massachusetts Advocates for Children (MAC). The post was originally published on the National Opportunity to Learn blog, and is reprinted in this blog with the permission of Tom Mela.  


Left to right: Gavi Wolfe (ACLUM), Sondra Peskoe (One
Massachusetts), Rep. Alice Wolf, Tom Mela (MAC)
and Ann Lambert (ACLUM) at the Massachusetts
State House when Chapter 222 was passed.
Photo courtesy of MAC.

 

Though Massachusetts’ public schools rank near the top of schools nationwide, they still struggle to ensure that students are treated fairly in the classroom. In Massachusetts and across the nation, students of color and students with disabilities still face higher suspensions and expulsions rates than their counterparts, often for similar, minor misbehavior.

But starting this year, Massachusetts is taking a bold step to change that. The new Chapter 222 law, which went into effect July 1, puts Massachusetts at the forefront of a nationwide movement to reduce the use of out-of-school exclusions and provide those students who are barred temporarily from the classroom access to the resources they need to keep up with their studies.

It has taken years of organizing to get to this point. Massachusetts Advocates for Children is funded through the state’s civil legal aid system to convene the Education Law Task Force (ELTF), a coalition of public interest legal organizations with expertise in education law. To help advocates in other states learn how they, too, might tackle the school-to-prison pipeline, here’s how our Massachusetts coalition came together, fought hard, and won reform.

As part of a major education reform act in the mid-1990s, Massachusetts enacted laws to empower school principals to exclude students from school for disciplinary reasons. These laws were part of a national push towards “zero-tolerance” discipline policies. But rather than make schools safer, the result was that the number of excluded students increased significantly.

Advocates became concerned about principals’ use of zero tolerance, and especially the policy’s disproportionate impact on students of color and students with disabilities. When a student is barred from the classroom, it increases the likelihood that they might fall behind, drop out and become involved in the juvenile justice system, making exclusions a big contributor to our nation’s pervasive achievement gaps and the school-to-prison pipeline.

In response, a group of advocates including parents, students, teachers and attorneys in Massachusetts came together to form the ELTF. They found a legislative champion in Rep. Alice Wolf of Cambridge, and together they drafted and filed legislation to reform the Massachusetts school discipline laws.

For years their efforts to enact such legislation were stymied by the associations that represent principals, superintendents and school committees, who denied there was a problem and argued that in the interest of school safety (during the “Columbine” era) building administrators should have broad discretion to prevent potential harm to the school.

In the meantime, education reform in Massachusetts began to address the needs of those students who were at high risk of failure. When the Legislature established the Graduation and Dropout Prevention and Recovery Commission in 2008, one of the main question addressed was whether school exclusion contributes to school dropout. School exclusion was becoming a national issue as officials in other states and even the federal government began recognizing the link between suspensions/expulsions and dropout rates. Members of the ELTF testified to the Commission, and the Commission’s final report recommended school discipline reform.

Immediately after Mitchell Chester arrived in Massachusetts in 2008 to become its Department of Elementary & Secondary Education (DESE) Commissioner, the ELTF informed him about the discipline problem in this state. He was particularly shocked to learn that excluded students were not entitled to alternative education services.

As a result, the legislation was revised and re-filed by Rep. Wolf and others in 2011, and, with the support of the legislative leadership, was enacted minutes before midnight on the final day of the session in 2012. Many members and associates of the ELTF had testified at the legislative hearing, and they signed a letter to the governor urging his approval. Governor Patrick signed Chapter 222 on August 6, 2012.

The most important provisions of Chapter 222 are:

  • All public schools, including charter schools, must comply and revise their policies to assure that exclusion is a last resort and that alternatives to exclusion are tried first.
  • Students who face school exclusion are entitled to full due process rights, including parental involvement and accommodation for students with limited English proficiency
  • During both short-term and long-term exclusions, students have the right to make academic progress.
  • During long-term exclusions, students must be provided alternative education services.
  • Except for very serious offenses, students may not be excluded for more than 90 school days.
  • Schools must review their school exclusion data and increase their reporting to DESE.
  • DESE must post annual state-wide exclusion data each fall.
  • DESE must analyze the annual exclusion data and follow-up when the numbers are high and when there are significant disparities by race and for students with disabilities.

To help with the implementation of Chapter 222 (especially for the requirement that excluded students be provided with alternative education services) the ELTF monitored a cost study and worked to ensure funding. In early July 2014, Governor Patrick signed the Fiscal Year 2015 Massachusetts Budget, which includes funds specifically to help schools implement Chapter 222.

Though the new law did not to take effect until July 1, 2014, soon after it passed in 2012 the Superintendent of the Boston Public Schools expressed an interest in immediately revising the city’s Code of Conduct before the start of the 2013-2014 school year. The ELTF collaborated with the district’s Code of Conduct Advisory Committee (COCAC) and worked intensively to align the revisions to the code with the requirements of Chapter 222. The Boston School Committee approved those changes during the summer of 2013. Now that the law’s regulations have been put in place, the ELTF is revisiting the Boston code with school officials to make sure it remains aligned.

During the period between the enactment of the law and when it went into effect this July, Chapter 222 required DESE to issue implementing regulations. The ELTF submitted draft regulations, submitted “Public Comments,” and testified to the Board of Elementary & Secondary Education. At the end of April 2014, the board issued its final implementing regulations, which the ELTF found satisfactory. The ELTF plans to monitor compliance with Chapter 222 and its regulations at the local, district and state levels. Members of the ELTF will also continue to collaborate with COCAC by representing families of city’s students facing school exclusion and by monitoring citywide school data. The ELTF remains available to consult with school reform advocates throughout the country.

Chapter 222 constitutes a dramatic change in law and policy for all Massachusetts public school students. Fewer students will be excluded from school, struggle and drop out, and more students will thrive, graduate and go on to become strong, productive members of our Commonwealth.

The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire.  Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.

Transition Specialists

Massachusetts recently enacted a new regulation creating something called a Transition Specialist Endorsement.  This is basically a way for a special education teacher or vocational rehabilitation counselor to obtain official state recognition of additional training and experience specific to Transition Planning. The citation of the new regulation is 603 CMR 7.14(4).  The Department of Elementary and Secondary Education (DESE) has also published a set of guidelines to help better understand what is required to obtain the Transition Specialist Endorsement.

This Endorsement was created because of the ongoing difficulty that students with special needs have been encountering trying to transition from secondary to postsecondary life. To highlight some of these challenges, the DESE guidelines note the following:

Too many students with disabilities are unprepared to live and work independently when they exit high school. Currently, according to the US Department of Labor, only 25% of 20-24 year olds with disabilities are employed, compared with 60% of their non-disabled peers. Nearly half of all disabled adults who are employed have an income of less than $15,000 per year. In 2012, data shows only 68.6% of Massachusetts students with disabilities graduated on time with their peers, compared to 84.7% for non-disabled students and the dropout rate for students with disabilities was almost twice as high as the rate for non-disabled students. The President’s Commission on Excellence in Special Education acknowledged that, “One reason for these outcomes is that educators are inadequately prepared to provide the transition services required under IDEA.”

 

Massachusetts Department of Elementary & Secondary Education, Guidelines for the Transition Specialist Endorsement 2 (2013).

In order to obtain the endorsement, an individual must have at least two years of experience as a special education teacher or as a vocational rehabilitation counselor. They must also complete courses specific to transition services that have been approved by the DESE. The person must also complete 150 hours of field-based experience providing transition services for transition aged students with disabilities. They must also show subject matter knowledge in four different areas (refer to the regulation for details). There are exceptions to these requirements for individuals who can show that they already have met the subject matter knowledge and skills requirements.

 

The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire.  Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.

 

 

Dyslexia, Specific Learning Disabilities and the IEP

Does your child have dyslexia? Have school district personnel ever told you that they cannot recognize dyslexia as a disability on the IEP? If so, they are incorrect. In fact, IDEA says just the opposite. Dyslexia can be considered one of the many possible specific learning disabilities.

20 U. S. C. § 1401(30)(A) defines a specific learning disability as “a disorder in 1 or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations.”  § 1401(30)(B) goes on to provide examples of conditions that should be included as a specific learning disability. In particular, “Such term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.”

The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire.  Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.

NH Statute of Limitations for Unilateral Placements – A Trap for the Unwary

A statute of limitations defines how long you have to bring a legal action.  With special education matters, if you are going to file for a due process hearing, the general rule is that you have 2 years to file for a hearing regarding any alleged violation. 20 U.S.C. § 1415(b)(6)(B).  If you make a unilateral placement (i.e. make a “unilateral” decision to enroll your child in a private school without school district approval), NH has significantly limited the time period that is allowed for filing for a hearing related to that placement.  In particular, New Hampshire allows just 90 days for filing for a hearing regarding the unilateral placement.  RSA 186-C:16-b.  The 90 days runs from the date the unilateral placement is made.  Further complicating this is that the date of the unilateral placement is not always clearcut.  For example, is it:

  1. The date that the parents applied to the private school?
  2. The date that the private school accepted the student?
  3. The date that the parents returned the acceptance letter to the private school?
  4. The date that the parents sent in their first deposit to the private school?
  5. The date that payment was made in full?
  6. The date that the parents notified the public school district that they were withdrawing their child from the public school, and enrolling him or her at the private school?

Parents might have a bit of a reprieve from the 90 day burden if the school district did not provide the parents with notice of their special education rights, which they usually do at least annually.  If notice was not given, then the 90 days would not start running until proper notice is given to the parents.

The exact wording of the NH law is:

 186-C:16-b Due Process Hearing; Appeal. –
    I. Any action against a local school district seeking to enforce special education rights under state or federal law shall be commenced by requesting an administrative due process hearing from the department of education within 2 years of the date on which the alleged violation was or reasonably should have been discovered.
II. Notwithstanding the provisions of paragraph I, any action against a local school district to recover the costs of a unilateral special education placement shall be commenced by requesting an administrative due process hearing from the department of education within 90 days of the unilateral placement.
III. Where the parent, legal guardian or surrogate parent has not been given proper written notice of special education rights pursuant to 20 U.S.C. section 1415(d), including notice of the time limitations established in this section, such limitations shall run from the time notice of those rights is properly given. The department of education shall make available a model notice of rights which school districts may use as one means of complying with this paragraph.
The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire.  Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.

What Should Happen When a Special Ed Child Moves

Consider this hypothetical (or not so hypothetical) situation: You have made the decision to move to a different school district.  Your child is on an IEP.  The new school district believes that the services documented in the IEP are not appropriate, and tells you that they will not be providing those services, or that they do not have anything comparable.

In the above situation, is the school district operating within the law?  NO!  The Individuals with Disabilities Education Act (IDEA) is very clear that when a child changes school districts within the same state, “the local educational agency shall provide such child with a free appropriate public education, including services comparable to those described in the previously held IEP, in consultation with the parents until such time as the local educational agency adopts the previously held IEP or develops, adopts, and implements a new IEP that is consistent with Federal and State law.”  20 U.S.C. § 1414(d)(2)(C)(i)(I).  Massachusetts has very similar wording in its regulations: 603 C.M.R. § 28.03(c)(1).

In other words, the new district must immediately provide services that are comparable to the old district’s IEP.  At some point, the new district will need to decide whether it will adopt the old district’s IEP, or attempt to develop a new IEP.  If the new district tries to develop a new IEP, that new IEP would not be considered the effective IEP until the parent accepts it.

For families who are moving across state lines, the IDEA provides very similar wording and protections.  The big difference for families changing states is that the new district must provide comparable IEP services until the new district conducts an evaluation of the student and develops a new IEP.  20 U.S.C. § 1414(d)(2)(C)(i)(II)34 C.F.R. § 300.323(f).

There is also often a question of records.  How do the old records get to the new school?  Again, IDEA defines the district’s responsibilities.  The new school “shall take reasonable steps to promptly obtain the child’s records… from the previous school in which the child was enrolled.” 20 U.S.C. § 1414(d)(2)(C)(ii).

The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire.  Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.

Hamilton-Wenham Special Education Basic Rights Workshop – 02/27/13

Basic Rights In Special Education: A Workshop for Parents and Professionals will be held Wednesday, Feb. 27, at 6:30 p.m. in the multi-purpose room of the Buker School, 1 School St., Wenham. The Basic Rights workshop provides families and professionals with an introduction to their rights and responsibilities under the Individuals with Disabilities Education Act (IDEA), Massachusetts Special Education Law and No Child Left Behind (NCLB). It is designed to help parents learn to be effective partners with their child’s school to decide their child’s eligibility for special education, and to plan, make decisions and monitor their child’s progress in school. A presenter from the Federation for Children with Special Needs will conduct this workshop.  Federation workshops are free and open to the public.  You are welcome to attend any workshop in or outside of your immediate community. For more information, contact Adele Raade at 617-335-1124 or araade@comcast.net.

The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire.  Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.

Metrowest Special Needs Resource Fair

I will be participating at the 2nd Annual Metrowest Special Needs Resource Fair.  There will be vendors available to discuss their special-needs based programs, services and resources.  The event, sponsored by the Natick SEPAC, will be held at Natick High School, 15 West Street in Natick, this Sunday, February 10, 2013 from 1:00 PM – 3:00 PM.  Admission is free.  If you are there, please stop by and say hi (I will be at Table 14).  I would be happy to talk with you about special education legal issues or special needs estate planning. Hopefully the impending snowstorm will be cleared out by Sunday!

For more information, go to the Natick SEPAC web site.

The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire.  Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.

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