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This resource is aimed to help you, as a parent and caregiver of your student with special needs, navigate the world of special education. Links are provided to help you with further resources.

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To start the special education evaluation process, you must make a written referral to the principal or special education administrator. A teacher or other school professional can also make the referral.

The administration must contact you within 5 days of your request. Your written permission to start the evaluation process is mandatory.

You may request a pre-evaluation conference to discuss your concerns prior to given written permission to start evaluations.

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As the parent and caregiver of your student with special needs, you know them better than anyone. Your active participation with the special education process is crucial to the success of the process. You are the leader of how your students learns and the advocate for their needs.

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As your child gets older, they are asked to be part of the meetings involving their education. At 14, your child is encouraged to attend the meetings about their education plan. At 17, your child is involved in the decision making process for their education. (A parent’s Guide to Special Education - FCSN)

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Massachusetts requires each district to have a Parent Advisory Council (PAC) to help families navigate the world of special education.

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Download the brochure below for more information on MassPAC.

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Download the brochure below for more information on MassPAC.

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(MassPAC)

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The evaluation must be done within 30 days of your written consent. At the 45 day mark, a meeting must be held to discuss the findings and eligibility for an IEP.

If eligible for an IEP, your child is required to have a 3-year re-evaluation to determine further eligibity.

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If the district believes your child no longer needs special education services, they must send a written letter for your consent to re-evaluate for services.

If you disagree with the district's decisions, you can seek an Independent Educational Evaluation (IEE) from an outside provider.

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There are five major points of an IEP meeting. At the meeting to discuss the findings of the evaluations and eligibility for the IEP, all service providers will be present (see image to left).

1. The IEP team and you will discuss the concerns that were brought up to start the process.

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2. During the meeting, you will discuss where you see your child in 1-5 years. This is academically and socially. Make sure you are thinking about realistic hopes and dreams for your child.

During this meeting, it will also be discussed if your child is able to participate in the general educational curriculum. If other educational needs are identified, these will be discussed as well. For any other needs, accommodations and/or modifications will be made.

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3. The meeting will start to conclude with the discussion of annual goals. These often align with the goals you set out for your child at the beginning.

Goals are set to be able to track the student's progress. Objectives and benchmarks are provided. Objectives break the goals down into smaller sections with milestones for the student to meet. Benchmarks provide a regular check in on the student's progress.

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4. After discussing your child's goals, the services that are necessary to meet these goals will be discussed. Some service examples are Occupational Therapy (OT), Physical Therapy (PT), speech services, and pull-out interventions such as math support or reading support.

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5. A yearly review of the IEP is conducted to review progress toward the student's goals. This review must be signed by you .

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For all students who meet the criteria for special education services, they are legally provided a free and appropriate education (FAPE) at no cost to the parents or caregivers. FAPE ensures that your child will participate in school activities as much as possible and be able to be in a socially appropriate environment.

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Legally, students with disabilities are required to be educated in the same setting as non-disabled peers. This means that your child will be in a setting that is considered the least restrictive environment (LRE).

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If aids like a paraprofessional are needed, they are evaluated to provide support to your child in the general education classroom if appropriate. If your child is required to be in a separate classroom for special education students, the time allotted in the room and classes taken there will be determined by their IEP.

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In order to ensure parents, caregivers, and students retain all their rights to FAPE, there are procedural safeguards put in place.

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There is a strict timeline in place to ensure everything is completed in a timely manner.
- 5 days from referral, an administrator must contact you for a meeting
- 30 days from written consent, all evaluations must be completed
- 45 days from written consent, a meeting must be held to discuss findings

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All consent must be in writing.

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The IEP has mandated steps and goals to maintain the appropriate services for each student. Services are highly individualized and unique to each student receiving special education services.

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Each parent is given a brochure of their rights. The MA brochure is available to download above.

Other languages found here

(Parent's notice of procedural safeguards)

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Federally age 18 is considered the age of majority, regardless of disability. At 18, a student will legally sign their IEP.

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If a student isn't deemed eligible for an IEP, a 504 plan might be appropriate.

"To receive services under Section 504 a student must have a mental or physical impairment, that substantially impairs a major life activity, and requires special accommodations. Major life activities include functions such as breathing, walking, learning, caring for one’s self, seeing, speaking, performing manual tasks, hearing, and working." (A parent’s Guide to Special Education - FCSN)

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If you disagree with any part of the process, the Program Quality Assurance (PAQ) is available for guidance at the state level.

The MA PAQ can be contacted at 781-338-3700 or emailed at compliance@doe.mass.edu

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(A parent’s Guide to Special Education - FCSN)

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(Guía para los padres de familia sobre los servicios de ... - FCSN)

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Federation for Children with Special Needs

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Center for Parent Information and Resources

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Links updated, March 2017
This info in Spanish | Esta información en español

The IEP must also contain a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child. That's three separate, distinct, and critical elements-special education, related services, and supplementary aids and services-and each is worthy of a book on its own.

Don't worry! We won't write a book-length article about any of these, but we will split up the discussion of each into separate articles. Here, the focus will be on special education.

IDEA's Exact Words

It's helpful to see IDEA's full requirement for specifying a child's special education in his or her IEP. This appears at §300.320(a)(4) and stipulates that each child's IEP must contain:

(4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child-

(i) To advance appropriately toward attaining the annual goals;

(ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and

(iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section... [§300.320(a)(4)] In its entirety, this provision is the heart and soul, meat and potatoes, bricks and mortar (choose your analogy!) of the IEP. When taken off paper and operationalized in school, it becomes the education that a child with a disability receives. The part we've put in bold is the focus of this article, but you'll want to read the next two articles as well, so you can integrate the information here about special education with what's presented separately about related services and supplementary aids and services.

Special Education, in Brief

Special education is instruction that is specially designed to meet the unique needs of a child with a disability. This means education that is individually developed to address a child's needs that result from his or her disability. Since each child is unique, it is difficult to give an overall example of special education. It is individualized for each child.

Some students may be working at the pre-kindergarten grade level, others at the first, second, or third grade level. There may be students whose special education focuses primarily on speech and language development, cognitive development, or needs related to a physical or learning disability. Special education for any student can consist of:

an individualized curriculum that is different from that of same-age, nondisabled peers (for example, teaching a blind student to read and write using Braille);

the same (general) curriculum as that for nondisabled peers, with adaptations or modifications made for the student (for example, teaching 3rd grade math but including the use of counting tools and assistive technology for the student); and

a combination of these elements.

It is also important to remember that the education, services, and supports outlined in a child's IEP do not necessarily cover that child's entire education. The IEP only addresses those educational needs resulting from the child's disability. If a child needs special education support throughout the school day, for all activities, the IEP will cover all these needs. If the child doesn't need special education support in one or more areas (for example, physical education, music, or science), then the IEP will not include these subjects. The child accesses them through the general curriculum/ class, with no additional special education services.

Adaptations and Modifications

The individualization of instruction is an important part of special education. Instruction and schoolwork are tailored to the needs of the child. Sometimes a student may need to have changes made in class work or routines because of his or her disability. Modifications can be made to:

Sometimes people get confused about what it means to have a modification and what it means to have an accommodation . Usually a modification means a change in what is being taught to or expected from the student. Making an assignment easier so the student is not doing the same level of work as other students is an example of a modification. An accommodation is a change that helps a student overcome or work around the disability. Allowing a student who has trouble writing to give his answers orally is an example of an accommodation. This student is still expected to know the same material and answer the same questions as fully as the other students, but he doesn't have to write his answers to show that he knows the information.

What is most important to know about modifications and accommodations is that both are meant to help a child to learn. For example:

Jack is an 8th grade student who has learning disabilities in reading and writing. He is in a regular 8th grade class that is team-taught by a general education teacher and a special education teacher. Modifications and accommodations provided for Jack's daily school routine (and when he takes state or district-wide tests) include the following:

1. Jack will have shorter reading and writing assignments.

2. Jack's textbooks will be based upon the 8th grade curriculum but at his independent reading level (4th grade).

3. Jack will have test questions read/explained to him, when he asks.

Modifications or accommodations are most often made in the following areas:

Scheduling. For example:

giving the student extra time to complete assignments or tests

breaking up testing over several days

Setting. For example:

working in a small group

working one-on-one with the teacher

Materials. For example:

providing audiotaped lectures or books

giving copies of teacher's lecture notes

using large print books, Braille, or books on CD (digital text)

Instruction. For example:

reducing the difficulty of assignments

reducing the reading level

using a student/peer tutor

Student Response. For example:

allowing answers to be given orally or dictated

using a word processor for written work

using sign language, a communication device, Braille, or native language if it is not English.

Where is special education provided?

Special education instruction can be provided in a number of settings, such as: in the classroom, in the home, in hospitals and institutions, and in other settings (§300.26). Schools must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities. This continuum must include the placements just mentioned (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions). Unless a child's IEP requires some other arrangement, the child must be educated in the school he or she would attend if he or she did not have a disability [§300.116(c)].

Special education instruction must be provided to students with disabilities in what is known as the , or LRE. IDEA includes provisions that ensure that children with disabilities are educated with nondisabled children, to the maximum extent appropriate. Each state must also ensure that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily [§300.114(a)(2)(ii)].

The Long Story on Special Education

Of course, there's much more to special education than the short summary above. For those of you that want the nitty-gritty, detailed, full picture of special education, here it comes. Keep reading.

Defining special education

Special education. Sometimes, when the term is used, it means "special education" as defined by IDEA at §300.39, and other times it's a reference to the field at large-teachers, offices, knowledge base, professional practice, the system.

However, when IDEA uses the term, its meaning is never mixed or ambiguous. Every single time "special education" is used in the law and the final Part B regulations, its meaning is the same-the definition below.
§300.39 Special education.
(a) General. (1) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including-

(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

(ii) Instruction in physical education.

(2) Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a)(1) of this section-

(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;

(ii) Travel training; and

(iii) Vocational education.

And that's just the "general" part of the definition! The next part is called " individual special education terms defined," where the definition goes on to define:

at no cost;

physical education;

specially designed instruction;

travel training; and

vocational education.

Happily, the 20 opening words of special education's definition-specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability-contain the core of the term's meaning. You'll see we've used those 20 words in the short story of special education. The 362 other words in the definition (which includes the definitions of the individual terms), while still very critical, add detail to that core and further clarify it.

When an abbreviated definition of the term special education is called for, you're most likely to hear its core: " Special education is specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability. "

In the definition's full form, examples roll out and take away gray areas about the some of the scope and substance of special education. Special education can be, for example:

travel training (which has its own definition);

vocational education (also defined on its own); and

services that may be listed in IDEA as a related service but that a state may consider as special education-which makes them "special education" in that state.

As you can see from IDEA's definition of special education, it can also occur in a variety of settings: in the classroom, in a home, in a hospital or institution, and in other settings. This is why you might also hear that "special education is not a place." It's not. Where it is provided for a specific child with a disability will depend on that child's unique needs as determined by the group of individuals (which includes the parents) that makes the placement decision.

So what does "specially designed instruction" mean?

Given the importance of "specially designed instruction" in the core of special education's definition, it's useful to take a closer look at how that term is defined:

(3) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction-

(i) To address the unique needs of the child that result from the child's disability; and

(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children. [§300.39(b)(3)]

Thus, as part of designing the instruction to fit the needs of a specific child, adaptations may be made in the content, methodology, or delivery of instruction. This is a strong point of pride within the special education field and a considerable accomplishment that's come from 30 years of practice: the individualization of instruction.

As the provisions above show, adaptations can take many forms in response to the child's needs; the field is replete with guidance on this critical part of special education. You'll find a wealth of connections to that guidance here at CPIR. Visit us often and see what you find!

What's peer-reviewed research?

Time for another definition-not more from "special education" but, rather, from where this article began-the statement of special education that's required in the IEP. If you look back up, you'll see that the special education a child receives must be "based on peer-reviewed research to the extent practicable" [§300.320(a)(4)]. What might that mean?

With the passage of the 2004 Amendments to IDEA, some new terms and concepts became part of the IEP process. One such is peer-reviewed research. The term is not formally defined in the IDEA, but the Department of Education's discussion in the Analysis of Comments and Changes may be helpful in understanding the term's general meaning and why no formal definition was included in the regulations:

" Peer-reviewed research " generally refers to research that is reviewed by qualified and independent reviewers to ensure that the quality of the information meets the standards of the field before the research is published. However, there is no single definition of "peer reviewed research"' because the review process varies depending on the type of information to be reviewed. (71 Fed. Reg. at 46664)

The term is used in conjunction with the phrase "to the extent practicable." To better understand what this means and how IEP teams are to apply peer-reviewed research in their selection of services to be provided to a child with a disability, you may find the Department of Education's comments helpful.

States, school districts, and school personnel must...select and use methods that research has shown to be effective, to the extent that methods based on peer-reviewed research are available. This does not mean that the service with the greatest body of research is the service necessarily required for a child to receive FAPE. Likewise, there is nothing in the Act to suggest that the failure of a public agency to provide services based on peer-reviewed research would automatically result in a denial of FAPE. The final decision about the special education and related services, and supplementary aids and services that are to be provided to a child must be made by the child's IEP Team based on the child's individual needs. (71 Fed. Reg. at 46665)

The role of states in determining what special education is

This discussion of special education as a term brings to mind how it is also a process, a system. IDEA may define the term and establish rigorous standards for its implementation, but how special education unfolds in schools is very much a state and local matter. Education is traditionally a state responsibility, with each state vested with the authority to determine its own policies within the parameters of federal requirements. This is one reason why it's so critical to know your state's specific special education policies and requirements.

So--where to look for that information?

The best place is to connect with the agency responsible in your state for overseeing special education in the state. That is most likely your state's Department of Education-or Department of Special Education. Names will vary from state to state, of course. You can connect with the responsible agency in your state in a number of ways, beginning with...

, the National Association of State Directors of Special Education. Visit NASDSE and consult their "Meet the Directors" interactive map. There, you'll not only find the name of your state's Special Education Director, but you'll find the website address of the agency in charge. Most states provide links to the state's special education regulations and policies on their website, though you may have to hunt around to find them! NASDSE's map is online at:NASDSE
http://www.nasdse.org/MeettheDirectors/tabid/60/Default.aspx

Obviously, the statement required by §300.320(a)(4) is one of the most critical components in a child's IEP. Like the statement of annual goals, it arises out of, and is directly connected to, the "present levels" statement, where the child's current performance levels and needs are described. This is why a well-crafted "present levels" statement is so pivotal when developing a child's IEP.

Would you like to read about another component of the IEP?
If so, use the links below to jump there quickly.
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Annual Goals
Once a child's needs are identified, the IEP team works to develop appropriate goals to address those needs. Annual goal describe what the child is expected to do or learn within a 12-month period.

Special Education (You're here)
The IEP must contain a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child. This article focuses on the first element: a statement of the special education that will be provided for the child.

Related Services
To help a child with a disability benefit from special education, he or she may also need extra help in one area or another, such as speaking or moving. This additional help is called related services. Find out all about these critical services here.

Accommodations in Assessment
IDEA requires that students with disabilities take part in state or districtwide assessments. The IEP team must decide if the student needs accommodations in testing or another type of assessment entirely. In this component of the IEP, the team documents how the student will participate.

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Links updated, March 2017 This info in Spanish | Esta información en español The IEP must also contain a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child.

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Massachusetts Department of Elementary and Secondary Education Parent information

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Massachusetts Department of Elementary and Secondary Education

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The goal of the Massachusetts public K-12 education system is to prepare all students for success after high school. Massachusetts public school students are leading the nation in reading and math and are at the top internationally in reading, science, and math according to the national NAEP and int…

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For more information regarding the Individuals with Disabilities Education Act (IDEA)

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Individuals with Disabilities Education Act

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The IDEA governs how states and public agencies provide early intervention, special education, and related services to more than 7.5 million eligible infants, toddlers, children, and youth with disabilities. For more information on how Massachusetts implements the IDEA, visit Massachusetts's state agencies.

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Massachusetts - Individuals with Disabilities Education Act

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The IDEA governs how states and public agencies provide early intervention, special education, and related services to more than 7.5 million eligible infants, toddlers, children, and youth with disabilities. For more information on how Massachusetts implements the IDEA, visit Massachusetts's state agencies.