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312066 0367 3192 9 Brochure P^fsnt's Rights Dear Parents: Yourchild has been referred foror is currentlyreceiving special education services to provide forhis or her individual educational needs. This brochure is designed to assistyou in understanding the special education process and your rights. The requirements regarding special education are based on state and federal law. The relevant laws arethe following: State Law: The statespecial education law, popularly known as "Chapter766" afterthe session law number underwhich itwas passed in 1972, is contained in the Massachusetts General Laws (MGL) atChapter 71B. The regulations implementing the statute are found inthe Code of Massachusetts Regulations (CMR) at603 CMR, Section 28.00. Federal Law: The federal special education law is known as "IDEA" (Individuals with Disabilities Education Act). The statute is located in the United States Code at20 U.S.C. § 1400. In 1997, Congress reauthorized the IDEAand the amended statute is popularly referred to as "IDEA-97." The implementing regulations for IDEAare found in the Code of Federal Regulations (CFR) at Chapter34. Section 300. Thefederal and state special education laws aregrounded upon six basic principles: 1. Parent & Student Participation 2. Free and Appropriate Public Education (FAPE) 3. Appropriate Evaluation 4. Individualized Education Program (lEP) 5. Least Restrictive Environment 6. Procedural Safeguards In thefollowing section ofthis document, each ofthe principles is described: d1i.scussioPnasrecnotnc&erSntiundgetnhteirPacrhtilidc'ispastpiecoina-l eTdhuecaltaiwonprnoeveiddse,s fionrclmuadinnygoapspoarntuinnitteigeraslfomrepmabreenrtsofttohbeeTienavmolvtehadtidnitshceupslsaensneilniggibailnidty, services, and placementofthe student. You are entitled to have Team meetings held at a time and place mutuallyconvenientto you and to other members ofthe Team. Ifyourchild is 14 years ofage orolder, the district must invite your child to attend Team meetings; ify^ourchild is youngerthan age 14, you may invite yourchild to Team meetings ifyou decide it is in his orher best interests. Ifyou are unable to participate in a Team meeting, the district is required to use other methods (such as phone conferencing orother meeting opportunities) to ensure thatyou have the opportunity to ^JV^S participate in the discussion even ifyou cannot be present. Parents have rights to consentto or reject proposals fortheirchild's education and to receive information in understandable written form. As the student grows older, he orshe begins to have rights to participate in the Team process and in planning fortransition to adult life. Additionally, the law entitles students ofanyage who are receiving special education to 1 1 participate in the general education program ofthe school, including participation in school-wide orstate-wide I assessment programs. I The lawdoes notspeak directlyto your responsibilities as a parent, butthe opportunities thatthe law provides foryour participation are intended to promote a dialogue between you and the school district on behalfofyourchild. You are expected to share information aboutyourchild and the school district is expected to attend to the information you provide and the concerns you present. It is importantto emphasize that special education is mostsuccessful when it is viewed as an ongoing partnershipwith all parties having a strong interest in providing the best possible education forthe student. Although as a parent you have many rights, it is importantto rememberthatthe relationship you build with the school district may endure for manyyears and a positive, cooperative relationship on the partofboth parents and school district personnel is most likelyto resultin maximum benefittothe student. 2. FAPE- Underfederal law, studentswho are eligibleforspecial education are entitled to a FREE, APPROPRIATE, PUBLIC EDUCATION -This concept is known as "FAPE." The FAPE standard forspecial education services requiresthe school districtto provide instructiontailored tothe individual student's needs, with sufficientsupport servicesto assistthe studentto make meaningful educational progress. Anyspecial education services identified forthestudentare required to be provided at public expense with no costtothe parent. All students inthe Commonwealth's publiceducation system, Including studentswith disabilities, are entitled to theopportunityto learn the material thatis covered bythe academicstandards in the Massachusetts curriculum frameworks. 3. Appropriate Evaluation -Astudent mustreceive a complete and comprehensive evaluation to determine ifthe student has a disabilityand is eligible for special education and, ifeligible, to assist in determining appropriate special education and related MASS KFM 2795.9 .H3 PZl^^L Parent's rights brochure DATfc DUfc •WIAIRr> I-T 1 This item may be kept DAYS 14 IT MAY BE RENEWED ONLY ONCE Parent's Rights Brochure-Page 2 of8 services that may be necessary. Parents who have a concern abouttheirchild's development or have a suspicion about a possible disability may refertheirchild foran initial evaluation. Special words need not be used in making a referral for an initial evaluation. Upon receiptofsuch a requestforan initial evaluation, the school district mustsend notice to the parent and must seek the parent's consentto conduct an evaluation. (Aschool districtwill rarely have occasion to refuse to conductan initial evaluation and maydo so only ifthe parentorother individual making the referral has no suspicion ofa disabilityor is not concerned aboutthe student's development.) Where appropriate, the school district mayalso provide the parentwith information concerning othersupportive services that may bettersuita particularstudent's needs. However, a school district may not refuse to evaluate a studentwho has been referred foran evaluation as described above, on the basis ofa pre-referral program or in orderto try other instructional support activities orforany other reason. Additionally, the law provides forperiodic reevaluations to ensure thatthe student is benefiting from and continues to require special education. The parent's consentwill always be required priorto these reevaluations. In Massachusetts, in orderto be found eligibleforspecial education, a student mustdemonstrate the presence ofa disability (autism; developmental delay; intellectual, sensory, neurological, emotional, communication, physical, or health impairment; or specific learning disability)that prevents the studentfrom making effective progress in education and requires specially designed instruction or related services in orderto access the general curriculum. An initial evaluation to determine eligibilitywill seek sufficient evaluative information to make a fairdetermination that considers all ofthese factors. Although the state testing program, the Massachusetts Comprehensive Assessment System (MCAS) is an evaluation, it is not a partofthe evaluation conducted to determine * ifthe student requires special education. The special education law provides protections ^ . to ensure that every student with disabilities is included in state ordistrict-wide testing to ensure thatthe educational needs ofstudents with disabilities are considered in a systemicway. Therefore, your permission is not required foryourson/daughterto participate in MCAS orany other state ordistrict-widetests. However, during the Team meeting held to develop yourchild's Individualized Education Program (see #4 below on lEP), you and the otherTeam members will discuss the bestway foryourchild to participate in the MCAS and note this on your child's lEP. 4. lEP -The law providesthatthe Team develops an individualized Education Program (lEP) in written form to describe the programs and servicesthatare needed and thatwill be provided when a student has been determined to be eligible forspecial education. Your permission will always be requested before any lEP services are provided. 5. Least Restrictive Environment-This principle, known as "LRE", means that, ifpossible, a studentwho needs special education services should receive those service in the general education environment, with students who do not have special education needs. Further, LRE means that removal from the general education environment should only occur ifthe nature or severity ofthe student's special education needs are such thateducation in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily. IDEA-97 strengthened this principle even more by saying that no child should be removed from the general education classroomjust because ofneeded modifications in the curriculum. This means thatthe Team is strongly obligated to consider howyourchild can be supported in the general education classroom before even considering serving yourchild in anyothersetting. 6. Procedural Safeguards - Finally, the law provides a numberofprocedural safeguards to ensure that parents' and students' rights are preserved, that information is provided on a timely basis, and thatservices are delivered appropriately. Parents have considerable rights to agree ordisagree with proposals ofthe school district and also have the rightto make proposals themselves. The remainderofthis brochure is designed to provide specificdetail on the various procedural safeguards ofthe law. You are notobligated to read this material, norare you obligated to exercise one or more ofthese rights. However, it may be helpful foryou to understand the scope ofthe safeguards available to you. It is our hope that you will use this brochure to help you understand the law, your rights, yourresponsibilities, and the responsibilities ofthe school district. No exercise ofprocedural safeguards, however, substitutes fora positive partnershipwith the school district. Right to Receive Written Notice You have a rightto receive written notice within a reasonable time before the school district proposes or refuses to initiate orchange the identification, evaluation oreducational placement ofyour child or the provision ofFAPE to yourchild. Digitized by the Internet Archive 2015 in https://archive.org/details/parentsrightsbroOOmass Parent's Rights Brochure- Page 3 of8 This means thatwritten notice must be provided in the following specificcircumstances: When the school district proposes to conduct an initial evaluation or reevaluation. In rare cases, when the school district refuses to conduct an initial evaluation ora reevaluation. When the school district proposes a neworamended lEP. When the school district proposes a change in placement. When a student is suspended for more than ten consecutive days in anyschool year. When the school district proposes termination ofspecial education services. When the school district refuses to change a previously accepted lEP or placement. When the school district makes a finding ofno eligibilityforspecial education services. When the school district refuses to conductan assessment atyourrequest. When the school district refuses to provide a service you have requested that is not in yourchild's lEP, orotherwise refuses a request you have made related tothe provision ofspecial education to yourchild. Thewritten notice must include: (a) a full explanation ofthe procedural safeguards availableto you underfederal special education law (as provided bythis brochure); (b) a description ofthe action proposed orrefused bythe school districtwhich includes: 1. an explanation ofwhythe action is proposed or refused; 2. a description ofanyoptions the school districtconsidered and an explanation ofwhy those options were rejected; 3. a description ofeach evaluation procedure, test or record used as a basis forthe action proposed or refused; 4. a description ofany otherfactors relevantto the school district's decision. The notice must be written in simple and commonly understood words and must be in both English and the primary language ofthe home. Any interpreter used must be fluent in the primary language ofthe home. When you oryourchild are unable to read in any language orare blind ordeaf, the notice must be made orally, in Braille, in sign language or in writing, whichever is appropriate. If the school district provides you notice orally or in some other mode ofcommunication that is notwritten language (such as sign language) the school district must keepwritten documentation that it has provided you notice in such a manner; ofthe contentof such notice; and ofthe steps taken to ensurethatyou understand the content ofthe notice. Providing YourWritten Consent The school district must obtain yourwritten consent before evaluating yourchild or before providing yourchild with special education and related services according to an lEP. Specifically, this means thatyourconsent is required before the school district mayconduct an initial evaluation or reevaluation ofyourchild and priortothe initial provision ofspecial education and related services to yourchild and foranysubsequent lEP and placement. Once you have consented to an initial placement in a special education program, ifyou refuse to provide consentto any subsequentactions related to special education, the school district cannot use your refusal to consent as a basis to deny you oryourchild anyotherservice, benefit or activityto which you oryour child may be entitled. "Consent" means that: (a) You have been fully informed ofall information relevantto the activityforwhich consent is sought in your native language orother mode ofcommunication; and (b) You understand and agree in writing to the carrying out ofthe activityforwhich yourconsent is sought; and (c) The consentform used bythe district describes the activityforwhich consent is sought and lists the records (ifany)which will be released and to whom; and (d) You understand that it is yourvoluntarychoiceto give consent and you may revoke yourconsentatanytime. Ifyou revoke yourconsent, from that pointforward the district mustceasethe activityto which you had previouslyconsented. Ifyou refuse yourconsent: In most cases your refusal to consentwill be fully honored. However, to protectthe rights ofyourchild, the law requires the school districtto considerthe effect ofyour refusal on the education ofyour child. At any point afteryour child isfirst placed in a special education program, ifa school district believes yourrefusal to consentwould denyyourchild a free appropriate public education (FAPE), the school district musttake steps to ensure that FAPE is provided. Such steps may include mediation and/or initiation ofa due process hearing as described later in this brochure to resolve the dispute. The school districtcannot request a hearing to dispute your refusal to consenttothe initial evaluation orinitial placementofyourchild in special education. Rights associated with consent: • You have a rightto accept or refuse any proposal to evaluate yourchild. • You have a rightto acceptor reject a proposed lEP in whole or in part orto meetwith school representatives to discuss the lEP during a thirtyday period following receiptofthe proposed lEP. Parent's Rights Brochure- Page4 of8 • Ifyou accept partofthe proposed lEP, the part you accept must be implemented immediately. • You have a rightto acceptor rejectthe placement proposed to deliverthe services on the lEP. • At least a yearin advance ofthe timew^hen yourchild would graduate from high school, you have a rightto discuss yourchild's proposed high school graduation and the anticipated termination ofyourchild's special education services with school officials. In addition, you have a right to acceptorrejectthat portion ofan lEP that proposes graduation, and a rightto request mediation ora hearing before the Bureau ofSpecial Education Appeals on the issue ofgraduation. • If, atthe time that yourchild is scheduled fora reevaluation (usuallyeverythree years), the school district recommends that additional evaluation is unnecessaryand asksforyourconsenttothat recommendation, you may refuse that recommendation and requesta full orpartial reevaluation. Your Responsibility to Provide Notice to the School District IfYou Place Your Child in a Private School Undersome circumstances, you maydecide thatthe public school district is not providing an appropriate education foryourchild (see organizing principle #2 FARE, above) and you maydecide to remove yourchild from the public school program and place him or herin a private school. Ifyou chooseto dothis and wantthe public school districtto paythe private school tuition, you are required to notifythe school district before you remove yourchild. You mustgive this notice eitherat an lEP meeting or in written form at least 10 business days before you remove yourchild from the public school program. You musttell the publicschool why you disagree with the lEP and program thatthe publicschool has proposed or provided foryour child, and you muststate your intention to remove yourchild and enroll him or herin a private school. Ifthe school asks to evaluate yourchild priorto removing him or herfrom the public school program, you must make yourchild availableforsuch evaluation. Giving notice tothe school district is onlythe firststep in receiving publicfunding ifyou remove yourchild fromthe public school program. Following such removal, you must prove ata due process hearing thatthe school district program failed or is unable to provide yourchild with FARE in a timely mannerand thatthe private school can provide your child with an appropriate education. Ifyou complete both steps and are successful in proving yourcase, the Bureau ofSpecial Education Appeals hearing officer may require the school districtto use publicfunds to payforyourchild's private school placement. Right to Independent Education Evaluation (lEE) When you payforan lEE: Ifyou disagree with the school district's evaluation ofyourchild, you have a rightto seek an lEE. Parents mayseek an lEE at private expense at anytime. Upon your request, the public school district must provide you with a list of personswho conduct lEEs in yourarea ofMassachusetts, although you are not limited to using evaluators from that list. Circumstances underwhich the school district is required to payforsome orall ofthe costs ofthe evaluation: The state regulations require school districts tofinance lEEs forlow-income families and to share the costs of lEEs formiddle- income families. Ifyourchild is eligibleforfree or reduced cost lunch, then, at your request, the school districtwill payforan lEE that is equivalenttothe types ofassessments done bythe school district. Ifyourchild does notqualifyfora reduced cost lunch, he orshe may still be eligibleforschool districtfunding, either in whole or in part, depending on yourfamily income. The school district will askfor income information and some validating documentation. Sharing financial information with the school district is completelyvoluntaryon yourpart. Ifyou choose to share such information, the school district musttell you promptlywhetheror not you are eligible forfull or partial funding ofan lEE. Your rightto a publiclyfunded lEE through this income eligibility process will extend for 16 months from the date ofthe school district's evaluation with which you disagree. Circumstances underwhich the school district may payforthe costs ofevaluation: Ifyou requestan lEE paid for bythe school district and you are not income eligible or do notwish to use the income-eligibility process, you should notify the school district in writing ofyour requestfor public paymentofan lEE. The school district must respond to your requestwithout undue delay and eitheragree to payforthe lEE or initiate a hearing with the Bureau ofSpecial Education Appeals (BSEA) to showthatthe school districtevaluation was comprehensive and appropriate. Ifthe BSEA agrees with the school district, then the district is notobliged to provide publicfunds for an lEE. Any IEE that is paid forwith publicfunds must abide bystate requirements relating to qualifications ofthe evaluatorand the rates charged forthe evaluation. Parent's Rights Brochure-Page 5 of8 Consideration ofresults oflEEs: Ifyou arrangeforan lEE (regardless ofwhetheritis paid forwith private funds orpublicfunds)and have the results senttothe school district, the school district mustconvene a Team meeting within ten school working days ofreceiptofthe evaluation information to considerthe evaluation and what, ifany, changes should be made tothe student's lEP based on the evaluation. Complaints, Mediations and Due Process Hearings Complaints orconcerns aboutwhetherthe district is following special education requirements: The Department ofEducation encourages you to firstattempt to resolve the matterwith local school district officials. Contact your school principal, yourAdministratorofSpecial Education, oryoursuperintendentto askfor assistance. In some cases, however, you mayfeel thatyou need to go outside the district. The Massachusetts Departmentof Education has a "Problem Resolution System" where you can file complaints oraskfora resolution ofa dispute about compliance with a lawor regulation. You can contactthe Departmentdirectly at (781) 338-3700 to file such a complaint. The Departmentwill send you written information and will request a written statement ofthe problem ifyou wish the Department to intervene. Ifyou send written information requesting a resolution of Program QualityAssurance Services your problem, the Departmentwill ensure it is investigated and will send Problem Resolution System you a letterofits determination within sixty (60) calendardays of Massachusetts Departmentof Education receiving yourwritten request. The address forthe Departmentof 350 Main Street Education Problem Resolution System iswithin the box: Maiden, MA 02148 Mediation services orhearings: You have a rightto request mediation ora due process hearing conducted bythe Bureau ofSpecial Education Appeals (BSEA), wheneverthere is a dispute between you and yourchild's school districtoverthe identification, evaluation, placement, proposed lEP, the mannerof implementation ofthe lEP, the provision ofa free appropriate publiceducation, orthe procedural protections of state orfederal lawforyourchild. You mayobtain a list offree or low-cost attorneys and advocates to assistyou by calling the BSEA at (781)338-6400. The school districtalso has a rightto request mediation ora hearing held bythe BSEAforthe same reasons, exceptthat it cannot request a hearing to dispute yourrefusal to consentto the initial evaluation or placementofyourchild in special education. Information about mediation: Mediation may be requested byeitherthe parent orthe school district. Mediation is a voluntary, informal process, conducted under the direction ofa BSEA mediator, which is designed to assist you and yourschool district in reaching an agreement regarding the issue in dispute. Ifyou reach an agreement, itwill be written down as a mediation agreement. Ifno agreement is reached, you maystill request a hearing. Ifyou wish to schedule a mediation, orwish more information about mediation, you maycall a Department mediatorat (781) 338-6400. Information about hearings: Bureau ofSpecial Education Appeals A parentorschool district may request a hearing by sending a written 350 Main Street requesttothe addresswithin thefollowing box: Maiden, MA 02148 The hearing requestshould contain the names and addresses of: the parents orguardians and child, the school district's representatives' and anyattorneys oradvocates involved, as well as a short statement ofthe reason whythe hearing is being requested. A hearing requestform will be sentto you ifyou call BSEA, but it is not necessaryto usethe form in orderto make your hearing request. When you requesta hearing, the BSEAwill provide you with a listoffree orlow-costattorneys and advocates. The BSEAwill also send detailed information about your rights and responsibilities in regard to the requested hearing. Wheneveryou orthe school district requests a hearing, the BSEAwill schedule a hearing and notify you and the school districtofa mutually convenienttime and location. The BSEAwill assign an impartial hearing officerto conductthe hearing. The BSEAwill provide you with a listof hearing officers and their qualifications upon request. Hearings are more formal than mediations and involve the introduction ofevidence and recorded testimony bywitnesses. Following the hearing, the hearing officerwill issue a written decision, determining the appropriate educational program or servicesforthe child. That decision is binding on you and the school district, and must be implemented bythe school district. The cost ofattorneys and other hearing costs: The school districtwill always payforits share ofattorney's fees and hearing costs. The BSEA does not have authorityto reimburse you forattorney's fees and/orcosts, even ifyou prevail atthe hearing. However, ifyou prevail, and the BSEA