 Under the Individuals with Disabilities Education Act (“IDEA”) an IEP must be "reasonably calculated to enable the child to receive an educational benefit.” This is sometimes called the Free Appropriate Public Education standard or “FAPE” An "educational benefit" must be more than trivial, meaning the IEP and services must be calculated to enable the student to make "meaningful and effective progress commensurate with his or her educational potential"
Standardized cognitive / intellectual assessments provide one widely-accepted way to assess a child’s potential. The following are a list of common evaluation tools with links to descriptions of the tests:
An experienced special education lawyer or advocate can help you understand how your child’s test scores are analyzed within the context of education law. If you are concerned that your child is not making progress commensurate with his or her potential contact Boston-area Attorney Lillian Wong today.
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 Question: I know that the IEP team is required to meet within ten days of receiving an outside evaluation, but what days count? I think it is school days, but what about half-days or professional development days?
Answer: Yes, the law does require the IEP team to convene and consider the independent educational evaluation (or "IEE") within 10 school-days. Here's exactly what the Massachusetts regulation requires: 603 CMR. 28.04 (5)(f) Within ten school days from the time the school district receives the report of the independent education evaluation, the Team shall reconvene and consider the independent education evaluation and whether a new or amended IEP is appropriate. Next, you need to look at the part of the regulation that defines a "school day": 603 CMR 28.02(5) Day shall mean calendar day unless the regulation specifies school day, which shall mean any day, including a partial day, that students are in attendance at school for instructional purposes. So, half-days count as a school day, but full-day professional development days do not, because students are not in attendance at school for instructional purposes. If you have questions about the laws related to special education and independent evaluations, including neuropsychological evaluations, contact the North Shore law office of Lillian E. Wong.  Question: My child has complicated issues and the district granted a 45 day placement for evaluation. I am not in agreement with what they have proposed. The 45 day placement is over and I wanted to reject their proposal to bring him back to district. I am told I have no stay put rights. Is this true? Answer: Yes, it is true. There are no stay-put rights to a 45 day placement. Unlike what the name implies, 45 day placements are evaluations, not placements for IEP purposes. Your child's stay-put placement is the last placement you and the district both agreed to. If you have more questions about special education law and need help advocating for the placement your child needs, contact the Boston area Law Office of Lillian E. Wong.  Attorney Wong is pleased to announced that she will be presenting "Independent Educational Evaluations in Massachusetts" at the April 9, 2012 meeting of the North Andover Parent Advisory Council (NAPAC). The presentation will teach parents:
 On December 10, 2010 Mitchell D. Chester, Ed.D., Commissioner of Elementary and Secondary Education, proposed the following changes to Massachusetts' Special Education Regulations. Parental Consent This proposed change would clarify parents' right to revoke consent to all special education and related services, and will eliminate the suggestion that a school may file a due process hearing or court action to challenge a parent's decision to revoke consent to all special education and related services. Bureau of Special Education Appeals The proposed change indicates that the BSEA is a subdivision of the Division of Administrative Law Appeals and no longer within the Department of Education. Interpreting Services The proposed change would require sign language interpreters to be registered with the Massachusetts Commission for the Deaf and Hard of Hearing. Independent Education Evaluations The proposed change would clarify the five school day timeline for responding for a parents requesting an IEE under federal law. Read the text of the proposed changes here. If you have questions about your child's rights, contact Massachusetts special education lawyer Lillian E. Wong today.  Under IDEA, your child is entitled to: A "Free Appropriate Public Education" (FAPE) in the "Least Restrictive Environment" (LRE). An initial eligibility evaluation and thereafter, a yearly reevaluation. An independent evaluation at public expense if you disagree with the school district's evaluation. A written individualized education program (IEP). An education as close to home as possible and in the school he or she would attend if not disabled. Support services, called "related services," such as a one-on-one instructional aide, speech-language pathology, psychological services, physical and occupational therapy, therapeutic recreation, transportation, and school nurse services. Assistive technology such as a communication system, computer, or spell-checker. Placement in a private school at public expense if the public school cannot provide a "free appropriate public education." A transition plan and services. If you need help advocating for your child's educational rights contact Boston area special education lawyer Lillian E. Wong today.  This is the third part of an eight-part series, "Top Flaws of IEP/504s and What You can Do About Them" The Problem My expert thinks my child needs a certain accommodations and services, but the school disagrees. Isn't the expert more qualified than the school? What You Can Do Just because the expert has more experiences or qualifications than school officials, doesn't mean that the expert's recommendations must be followed. The law doesn't require the school to implement expert recommendations, but the IEP/504 team must "consider" them. How can you turn consideration into implementation? Provide the team with the expert's report ahead of time. This allows everyone to read the recommendations before the meeting. If at all possible, have the expert attend the IEP/504 meeting. If actual attendance won't work, request that the expert participate by phone. Either way, it is essential to allow experts to explain their recommendations to the team and to answer any questions the team might have. If you need help advocating for your child's educational rights contact Boston area special education lawyer Lillian E. Wong today.  This question was originally posted on www.avvo.com Question: How do I get my Autistic son into an out of district school when the public school continues to ignore a doctor's recommendation? My son is autistic and I have filed due process last year because of an incident that should not have occurred if he had not been moved to a school that did not have an adequate autism program in place. My son cannot ask questions, still points and moans when he is frustrated. He uses echolalia when talking, which is never in a full sentence. He is 8 years old and still has to wear a overnight pamper because he still doesn't fully understand the concept of going to the bathroom. My son needs one on one therapy, with ABA one on one, a behavioralist needs to be seen at school and at home because of his violent tantrums which are dangerous to himself and others. My son gets none of these services and the school continues to try and convince me otherwise. What do I do now? I'm will file again. My Answer: This sounds like a very frustrating situation. Navigating the special education system can be difficult. I applaud your determination. As you certainly now realize, just because your doctor recommends an out-of-district placement for your son doesn't mean the school is required to provide it. In order to secure this placement you must establish (1) that the current placement is inappropriate AND (2) that the proposed placement is appropriate. The law defines "appropriate" as a place where your child can make "effective educational progress" in the "least restrictive environment." Each state defines "effective educational progress" differently, so consult your state regulations and case law. Because an out-of-district placement is less inclusive than your son's current placement, you must also prove that the out-of district placement is the least restrictive environment in which your son can make effective educational progress. How do you prove your case? With evidence - evaluations, classroom observations, and testing over time, for example. I would strongly urge you to consult with a special education attorney before filing a due process request. Good luck! If you are in the Boston area, contact The Law Office of Lillian E. Wong today.  The traditional school year is coming to an end, but for parents advocating for their children in special education this time of year provides its own particular challenges. Here are some things all parents should be thinking about this time of year. Consider Extended School Year Services If your child's skills will regress during the summer months that child is entitled to be educated during the summer. This is called extended school year or ESY for short. Like free appropriate public education in general, extended school year programming still must occur in the least restrictive environment. Schools must also provide transportation if the student qualifies for transportation during the regular school year. Schedule an Independent Evaluation The summer is a good time to have your child seen by an independent evaluator. It can take a long time to obtain an appointment, the evaluations themselves can last for days, and then it takes a while for the evaluator to create his or her report. Read more about why evaluations are important here. Resolve IEP Disagreements Summer is also a good time to resolve disagreements with the school. Perhaps you partially accepted an IEP during the school year. Use the summer to resolve issues with the school, whether informally, through mediation, or at a due process hearing. A special education attorney can help you assess the strength of your case and advise you on how to proceed. Look Ahead to September Will your child be switching schools? Switching teachers? Perhaps your child is leaving elementary school for middle school or middle school for high school. All these changes will affect your child's education. Review your child's IEP and consider how the goals and services may be altered by any of these changes. For example, a one-on-one aide may have been appropriate for your child in elementary school, but now that your child is entering middle school he may need to learn more independence and this service may not be necessary. Another possibility is that your child's new school does not have the appropriate placement for her, and you need to begin the process of out-of-district placement. Keep an Eye on the Future Summer is also a great time to reflect. What went well during the past academic year? What needs work? What are your goals for your child after high school? How is the IEP team working together to achieve these goals? Keeping these goals in mind will help you prepare for the year ahead and remind yourself why all your hard work is worth it.  Independent evaluations are critically important to understanding the educational needs of your child. Unfortunately, quality evaluations are expensive (between $1000 - $5000). In Massachusetts, parents can seek an independent evaluation at public expense under state or federal law. These laws are complicated, and failure to comply with their requirements will almost always leave parents footing the bill. Special education attorneys help families navigate these laws. For more information about the importance of evaluations click here. |
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It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)
The Law Office of Lillian E. Wong, LLC
15 Morningside Drive
Topsfield, MA 01983
978-561-9001 (P)
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lwong@lillianwongesq.com
15 Morningside Drive
Topsfield, MA 01983
978-561-9001 (P)
978-561-1591 (F)
lwong@lillianwongesq.com
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