On December 16, 2011 the State Director of Special Education, Marcia Mittnacht, issued a Memorandum advising against Procedures Lite for "legal and policy reasons."

In October, I warned parents against Procedures Lite.  Read the entire article here.  Many other special education advocates did the same.  Ultimately, the Massachusetts Department of Education came to the same conclusion I made in October - "Procedures Lite" violates the law. 

If you have questions about your child's special education rights, contact the Boston area office of Lillian E. Wong today.

UPDATE: On December 16, 2011 the Massachusetts Department of Education advised against Procedures Lite.  Read the entire article here.

Have you heard about "Procedures Lite?"  If you  have a child in special education you need to. 

What is Procedures Lite?

Procedures Lite is contract between schools and parents that waives special education procedural rights.  Parents waive the right to convene an IEP meeting, develop an IEP, receive progress notes, and request annual evaluations.  Parents also waive the right to enforce these rights and seek compensatory services and damages. What does the school waive?  Nothing.  Instead the school gains the unilateral right to educate your child without parent input, updated evaluations, and judicial oversight. 

What is the purpose of Procedures Lite?

Schools and their attorneys claim that the purpose of Procedures Lite is to foster trust and communication between Parents and Schools.  They believe that special education law, and not school officials or budgetary concerns, create conflict and distrust between parents and schools.  Their solution - do away with IEPs as we know them and replace them with a one page Student Learning Plan  (SLP). Don't allow parents to enforce the supports and services outlined in the SLP.  Eliminate IEP meetings and Progress Reports in the name of better communication.  Does this sound counter-intuitive?  Maybe.  But it's happening in Massachusetts.  Read the current Weston, Massachusetts Procedures Lite contract here.

What is the ultimate agenda of Procedures Lite proponents?

Those proposing Procedures Lite would like to eliminate special education rights.   One of Procedure Lite's vocal advocates is Massachusetts school attorney Miriam Kurtzig Freedman.  In her recent presentation at the University of Chicago School of Law, Ms. Freedman compared special education to welfare and talked about the need to eliminate special education rights.  In the meantime, Ms. Freedman supports Procedures Lite because, "Even if we won't or can't end the [special education] entitlement right away, [we can] end litigation and the fear of litigation about a proposed FAPE."  Read the entire presentation abstract here.

What can you do?

First, NEVER sign away your child's special education rights without consulting an experienced special education attorney.  Procedures Lite is a relatively new idea, but convincing parents to waive their child's rights is not.  Read my warning to parents about waiving rights in settlement agreements here.

Second, inform other parents.  Make sure every parent who has a child on an IEP is aware of their rights and the serious consequences of "Procedures Lite."

Third, talk to school administrators.  Explain to them that eliminating laws designed to protect your child will not make your more trusting of the school.  Emphasize that IEP meetings,  Progress Reports and the IEP document are fundamental to parent-school communication.  Point out that without required evaluations, your child's needs cannot be assessed and the school cannot provide a Free Appropriate Public Education (FAPE).

If you have any other questions about your child's special education rights, feel free to contact Massachusetts special education attorney Lillian E. Wong today.

The Scorecard

The National Center for Learning Disabilities, Inc. recently released Massachusetts' Special Education Scorecard.  The Scorecard summarizes the U.S. Department of Education's report on Massachusetts' compliance with the Individuals with Disabilities Education Act (IDEA) and provides statistics about Massachusetts students with specific learning disabilities.


Massachusetts Falls Short

For the fifth year in a row, Massachusetts received a "Needs Assistance" grade.  Where are the major problems?

(1) Children who were in Early Intervention and eligible for Special Education do not have an IEP developed and implemented by their third birthdays.

(2) Massachusetts' supervision system does not effectively identify and corrects noncompliance in a timely manner.

(3) Massachusetts struggles to resolving complaints within the required 60-day time limit.

If you need a special education advocate in Massachusetts, contact Boston area attorney Lillian E. Wong today.

Special education law is comprised of federal and state statutes, regulations, and case law. 

Statutes
The most important statute is the Individuals with Disabilities Act (IDEA).  Other relevant federal statutes include Section 504 of the Individuals with Disabilities Act and No Child Left Behind.  In Massachusetts, Chapter 71:B of the General Laws governs. 

Regulations
Federal and state educational agencies publish their interpretations of the statutes in regulations. 

Case Law
Case law is created when state and federal judges interpret statutes and apply them to individual controversies creating precedent.

If you have questions about special education in Massachusetts, contact Boston area lawyer Lillian E. Wong today.

The main difference is that parents have fewer rights and schools have fewer legal obligations under Section 504.  For example, IEP plans have to be in writing.  504 plans do not.  IEP requires that school's take reasonable efforts to ensure parental participation, including inviting parents to IEP meetings.  Section 504 does not require notice of meetings.   IDEA requires parental notice before a change of placement.  Section 504 does not.   Children with 504 Plans can be permanently expelled for behavior that is not a manifestation of their disability.  Children with IEP plans can be removed from school for behavior that is not a manifestation of their disability, but the school is still required to provide a free appropriate education.

How can I get my child off a 504 and on an IEP plan?

Schools must provide a child with an IEP if the child's disability makes special education and related services necessary.  If your school refuses to provide your child with an IEP, you should contact a special education attorney.