Special Education

• Enhance the capacity of the Barnstable Public Schools to successfully implement and sustain a multi-tiered system of student supports with fidelity in every school.
• Accelerate and maximize student academic and social-emotional outcomes through the application of data-based problem solving utilized by effective leadership at all levels of the educational systems.
• Inform the development, implementation, and on-going evaluation of an integrated, aligned, and sustainable instruction and intervention system that prepares all students for post-secondary education and/or successful employment within our global society.

The Multi-Tiered System of Supports (MTSS) is a framework used to guide the implementation of an evidence-based model of schooling that uses data based problem-solving to integrate academic and behavioral instruction and intervention. The integrated instruction and intervention is delivered to students in varying intensities (multiple tiers) based on student need. “Need-driven” decision-making seeks to ensure that district resources reach the appropriate students (schools) at the appropriate levels to accelerate the performance of all students to achieve and/or exceed proficiency. 

Tiered Instruction:

• Tier 1 is known as “Universal/Core Instruction”, the instruction to which all students have universal access. 
• Students receive high quality, evidence-based, core instruction based on a district curriculum that is aligned with state standards. It is expected that of all of the students receiving universal/core instruction, 80-85% of students will be proficient when good first instruction is delivered. 
• Strategic Intervention (Tier 2) is provided, in addition to Universal/Core instruction, in order to increase student success in Tier 1. 
• Tier 2 instruction is provided to those students whose data indicate that they are not maintaining proficiency given the pace and supports available with core instruction alone. 
• Instruction in Tier 2 is more intensive than in Tier 1. Intensive is defined as additional time, a narrower focus (targeted to specific need) and a broader type of instruction (e.g., explicit, guided). 
• Tier 3, known as “Intensive Intervention,” is for an estimated 1-5% of students that need individualized and/or very small-group instruction that is highly focused, in addition to Tiers 1 and 2, and designed to accelerate student progress in order to improve student success in Tier 1. 
• The criteria for “intensive” are the same as those used for Tier 2 but are in addition to Tier 2.

When general education is responsive:

• All students will get the education and support they need.
• All teachers will understand how to work effectively with their students.
• There is use of the School Curriculum Accommodation Plan.
• Differentiated instruction occurs in the classroom so that students can access the curriculum in a way that matches their unique learning styles.
• Appropriate referrals to special education will be made. 
• Students with disabilities get the support they need within the context of general education.

What is social-emotional learning?

Social and emotional learning (SEL) is the process through which children and adults acquire and effectively apply the knowledge, attitudes, and skills necessary to understand and manage emotions, set and achieve positive goals, feel and show empathy for others, establish and maintain positive relationships, and make responsible decisions.

What are the competency areas of social-emotional learning?

1. Self-awareness: The ability to accurately recognize one’s emotions and thoughts, and their influence on behavior. We are looking for a sense of confidence and optimism.
2. Self-management: The ability to regulate one’s emotions, thoughts, and behaviors effectively in different situations. How does one manage stress, control impulses, motivate oneself, and set and achieve goals.
3. Social awareness: The ability to take the perspective of and empathize with others from diverse backgrounds and cultures. Does a student understand social and ethical norms for behavior, and do they recognize resources and supports?
4. Relationship skills: The ability to establish and maintain healthy and rewarding relationships with diverse individuals and groups. This includes communication and listening skills, cooperation, resisting social pressure, negotiating conflict, and seeking and offering help when needed.
5. Responsible decision making: The ability to make constructive and respectful choices about personal behavior and social interactions. Are students aware of safety concerns, social norms, realistic consequences, and the well-being of self and others?

SEL and PBIS

• Social and emotional learning (SEL) is the process through which children and adults acquire and effectively apply the knowledge, attitudes, and skills necessary to understand and manage emotions, set and achieve positive goals, feel and show empathy for others, establish and maintain positive relationships, and make responsible decisions.
• PBIS is a framework or approach for assisting school personnel in adopting and organizing evidence-based behavioral interventions into an integrated continuum that enhances academic and social behavior outcomes for all students. 
   

The evidence based SEL and PBIS practices in Barnstable are:

• Explicit instruction using the expectation matrix
• Responsive Classroom
• Second Step
• Steps to Respect
• Promoting Alternative Thinking Skills (PATHS) 
• Skillstreaming
• Collaborative Problem Solving
• Check-in/Check-out
• Too Good For Violence
• Playworks
• Universal Screening: DESSA

Problem Solving Process to meet the needs of the diverse learner:

As indicated in the previous section Intervention and Supports for All Students, when district staff or parents/guardians have concerns about a student’s academic, social, or emotional performance the concern should be brought to the attention of the school’s Student Support / MTSS team. If staff or parent/guardians suspect that the concerns expressed are due to an educational disability, the special education “child find” process results. This section describes the process of identifying children with educational disabilities.

What is “Child Find?”

Child Find is a legal requirement that schools find all children who have disabilities and who may be entitled to special education services. Child Find covers every child from birth through age 21. The school must evaluate any child that it knows or suspects may have a disability with the consent of the parent/guardian.

It is the responsibility of the Barnstable Public Schools to identify any child who may have a disability regardless of the severity of the disability who is either a resident of Barnstable or who attends a private school within the geographic boundaries of Barnstable even if the student is not a resident of Barnstable. This also includes students who are homeschooled, and students who are experiencing homelessness.

Barnstable Public Schools is responsible for the evaluation of those students to determine if they are eligible for special education or related services under IDEA (Individuals with Disabilities Education Act) or, Massachusetts State Law, 603 CMR 28 (Massachusetts Special Education Regulations).

Barnstable Public Schools is committed to identifying children before their third birthday in order to provide early intervention services for three and four year-olds with disabilities. Parent/guardians who have questions or concerns regarding their child's development and would like to have him/her screened should contact the Special Education Coordinator at Barnstable’s Enoch Cobb Early Learning Center preschool. Parent/guardians may request a screening or a special education evaluation at no cost.

Best Practice: Child Find Outreach  

The Barnstable Public Schools conducts regular outreach to groups from which promotion or transfer of students in need of special education may be expected, or which would include students in need of special education. These groups include professionals in the community; private nursery schools; daycare facilities; group homes; parent/guardian organizations; clinical /health care agencies; early intervention programs; private/parochial schools; other agencies/organizations; the schools that are part of the district, and agencies serving migrant and/or homeless persons pursuant to the McKinney-Vento Education Act for Homeless Students. Parents/guardians of children ages 3-21 years of age who have a disability or developmental delay, and who would like more information, should contact the special education contact person for the school their children attend, or the district Special Education office at 508-862-4953.

https://www.doe.mass.edu/sped/ta/docs/child-find-resources/

The purpose of a special education evaluation is to identify students who are suspected of having a disability and who may need special education / specialized instruction and / or other related services. 

The Basic Steps of Special Education

• Step-by-Step Basic Guide to the Special Education Process published by the Office of Special Education and Rehabilitative Services of the U.S. department of Education, July 2000
• The Barnstable Special Education Procedure Manual includes additional resources for parents, guardians, teachers, and community members about the basics of the special education process in the Resources for Parents / Guardians section of this manual.

STEP 1. Child is identified as possibly needing special education and related services.

"Child Find." The state must identify, locate, and evaluate all children with disabilities in the state who need special education and related services. To do so, states conduct "Child Find" activities. A child may be identified by "Child Find," and parents may be asked if the "Child Find" system can evaluate their child. Parents can also call the "Child Find" system and ask that their child be evaluated. Or —

Referral or request for evaluation. A school professional may ask that a child be evaluated to see if he or she has a disability. Parents may also contact the child's teacher or other school professional to ask that their child be evaluated. This request may be verbal or in writing. Parental consent is needed before the child may be evaluated. Evaluation needs to be completed within a reasonable time after the parent gives consent.

STEP 2. Child is evaluated.

The evaluation must assess the child in all areas related to the child's suspected disability. The evaluation results will be used to decide the child's eligibility for special education and related services and to make decisions about an appropriate educational program for the child. If the parents disagree with the evaluation, they have the right to take their child for an Independent Educational Evaluation (IEE). They can ask that the school system pay for this IEE.

STEP 3. Eligibility is decided.

A group of qualified professionals and the parents look at the child's evaluation results. Together, they decide if the child is a "child with a disability," as defined by IDEA. Parents may ask for a hearing to challenge the eligibility decision.

STEP 4. Child is found eligible for services.

If the child is found to be a "child with a disability," as defined by IDEA, he or she is eligible for special education and related services. Within 30 calendar days after a child is determined eligible, the IEP team must meet to write an IEP for the child.

STEP 5. IEP meeting is scheduled.

The school system schedules and conducts the IEP meeting. School staff must:

• contact the participants, including the parents;
• notify parents early enough to make sure they have an opportunity to attend;
• schedule the meeting at a time and place agreeable to parents and the school;
• tell the parents the purpose, time, and location of the meeting;
• tell the parents who will be attending; and
• tell the parents that they may invite people to the meeting who have knowledge or special expertise about the child.

STEP 6. IEP meeting is held and the IEP is written.

The IEP team gathers to talk about the child's needs and write the student's IEP. Parents and the student (when appropriate) are part of the team. If the child's placement is decided by a different group, the parents must be part of that group as well.

Before the school system may provide special education and related services to the child for the first time, the parents must give consent. The child begins to receive services as soon as possible after the meeting.

If the parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP team and try to work out an agreement. If they still disagree, parents can ask for mediation, or the school may offer mediation. Parents may file a complaint with the state education agency and may request a due process hearing, at which time mediation must be available.

STEP 7. Services are provided.

The school makes sure that the child's IEP is being carried out as it was written. Parents are given a copy of the IEP. Each of the child's teachers and service providers has access to the IEP and knows his or her specific responsibilities for carrying out the IEP. This includes the accommodations, modifications, and supports that must be provided to the child, in keeping with the IEP.

STEP 8. Progress is measured and reported to parents.

The child's progress toward the annual goals is measured, as stated in the IEP. His or her parents are regularly informed of their child's progress and whether that progress is enough for the child to achieve the goals by the end of the year. These progress reports must be given to parents at least as often as parents are informed of their nondisabled children's progress.

STEP 9. IEP is reviewed.

The child's IEP is reviewed by the IEP team at least once a year, or more often if the parents or school ask for a review. If necessary, the IEP is revised. Parents, as team members, must be invited to attend these meetings. Parents can make suggestions for changes, can agree or disagree with the IEP goals, and agree or disagree with the placement.

If parents do not agree with the IEP and placement, they may discuss their concerns with other members of the IEP team and try to work out an agreement. There are several options, including additional testing, an independent evaluation, or asking for mediation (if available) or a due process hearing. They may also file a complaint with the state education agency.

STEP 10. Child is reevaluated.

At least every three years the child must be reevaluated. This evaluation is often called a "triennial." Its purpose is to find out if the child continues to be a "child with a disability," as defined by IDEA, and what the child's educational needs are. However, the child must be reevaluated more often if conditions warrant or if the child's parent or teacher asks for a new evaluation.

All intervention efforts and their results shall be documented and placed in the student record. If an individual student is referred for an evaluation to determine eligibility for special education, the principal or designee shall ensure documentation on the use of instructional support services as part of the referral information.

When filling out an evaluation consent form for an evaluation through special education, the names of specific tests are not to be used (e.g. WISC, Woodcock-Johnson, Kaufman, etc.) – this limits what an evaluator can use when testing a student. The type of assessment (e.g. intelligence, achievement, cognitive, reading, math, etc.) should be listed. That way, if the evaluator sees an additional need, he/she can administer another test/section without the need to gain further consent from the parent/guardian. Assessments should focus on referral questions.

A student may be referred for an evaluation by a parent/guardian, a physician, the Instructional Support Team, or other party. The following steps are required by 603 CMR 28.4 regarding referral:

1. When a student is referred for an evaluation to determine eligibility for special education, the school district shall send written notice to the child’s parent/guardian within five school working (SW) days of receipt of the referral. Referrals may be in writing or given orally. In any case, document the referral and send written notice. Written notice should be given in the primary language of the parent/guardian. 
2. Notification of the referral is sent home with consent for the parent/guardian to sign. The notice required by 603 CMR 28.04 shall meet all of the content requirements set forth in MGL c. 71B, Sec 3 and in federal law and shall seek the consent of the parent/guardian for the evaluation to occur, and provide the parent/guardian with the opportunity to express any concerns or provide information about the student’s skills or abilities. 
3. The school Team should provide this student’s parent/guardian with the opportunity to consult with the Special Education Director/Director of Pupil Personnel or her/his designee, to discuss the reasons for the referral, content of the proposed evaluation, and evaluators used.

A Notice of Procedural Safeguards will accompany the notice and consent form. When the signed consent is received, all evaluators are notified by the Team Chairperson that consent has been received and the timeline: thirty school working days from date of receipt of the parent/guardian consent to complete the assessment. No assessments may begin until parent/guardian consent is received. The Team meeting and the Individualized Education Plan (if appropriate) must be completed within forty-five school working days. A copy of the completed evaluation reports must be available to the parent/guardian/legal caregiver two days before the Team meeting, upon request. Note that it is the district’s practice to always provide evaluation reports to parents/guardians at least two days prior to the meeting.

Best Practice: MTSS, Intervention, and Referral

It is considered best practice to provide students with multiple levels of evidence-based instruction and intervention prior to determining that a lack of progress is due to a disability. Collecting data on a student’s response to instruction and intervention provides important information regarding the nature and severity of a lack of progress, and can help to distinguish whether a lack of effective progress is due instructional, curriculum, or environmental conditions, versus the presence of an educational disability. However, the MTSS (or “response to intervention / RTI”) process may not be used to postpone the special education evaluation process when an educational disability is suspected.

The Basic Steps of the Special Education Referral Process

(The following steps to be completed by Team Chair or Special Education Coordinator)

1. Document prior interventions
2. Determine area of suspected disability
3. Send consent form to parents
4. Include N1 and Notice of Procedural safeguards
5. Upon receiving signed consent, note and indicate on form 30 and 45 school day dates
6. Provide copies of consent to evaluators
7. Place copy of consent in file

State and federal law require evaluation of all areas related to the suspected disability. The evaluation should be comprehensive and child-driven. No single procedure should be used as the sole criterion for determining eligibility. The IST/MTSS or Special Education Team, with input from the parent/guardian, determines the referral questions to be answered by the evaluation. The Barnstable Public Schools use a variety of assessment techniques and instruments to guarantee that the Team will have an understanding of the student’s suspected disability and its effect on the child’s ability to make effective progress in school. Evaluations may include formal and informal assessments. The intent of a Team approach in evaluation is to ensure that a comprehensive picture of how a student functions within a school environment will emerge. No individual assessment or assessor may determine eligibility for special education services.

The following assessments are required as a part of an evaluation:

1. An assessment in all areas related to the suspected disability.

2. An educational assessment that includes:

• A summary of the student’s school history and progress in the general education curriculum. 
• At least one regular education teacher’s assessment in the area of curriculum conducted by a teacher with current knowledge regarding the Massachusetts Curriculum Frameworks.
• An assessment of behaviors that contribute to learning (attention, participation, memory, social skills, etc.)

3. Optional Assessments: The Special Education Team may recommend, or the parent/guardian may request, an assessment in one or more of the following areas:

• A comprehensive health assessment by a physician that identifies medical problems or constraints that may affect the student’s education. The school nurse may add additional relevant information from the student’s health records.
• A psychological assessment.
• A home assessment that includes the student’s developmental history and other pertinent family information.

Evaluations and assessments must be conducted by qualified personnel in a nondiscriminatory manner, and selected and administered so as not to be racially or culturally discriminatory. Evaluators must use assessments that are reliable and valid for use with a diverse student population.

Evaluation of a specific learning disability has specific, unique requirements. 

When a Team suspects a specific learning disability, a psychoeducational assessment should be part of the evaluation. The school psychologist conducts a thorough record review and assesses cognitive functioning. An academic assessment is typically conducted in the areas of Reading, Math, and Written Language by the school’s special education staff. Assessments should be given to help determine relative strengths and weaknesses in different modalities. An observation is conducted by someone other than the child’s teacher. There are specific criteria used to determine the existence of a specific learning disability. Evidence of and discussion of these criteria must be documented using the DESE Specific Learning Disability documents, and Team members must sign the SLD forms.

Memorandum on Specific Learning Disability — Eligibility Process/Forms

Special considerations: dyslexia

Dyslexia is a specific learning disability that is neurobiological in origin. It is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

More information about dyslexia can be found here:

• Massachusetts Dyslexia Guidelines (DESE)
  
• Specific Learning Disability: Dyslexia (DESE)

A psychological evaluation is conducted when there are questions regarding a child’s functioning that cannot be answered solely by administering an IQ measure. A psychological evaluation is broader than a psychoeducational evaluation in that it may assess additional domains such as: social/emotional, memory/attention, anxiety and depression, etc. The goal is to see how these other factors may be hindering student progress. Most initial evaluations include a psychoeducational assessment evaluation. If a child has a suspected emotional impairment or disability other than specific learning disability, the Team will recommend a psychological evaluation. 

If the circumstances under which the initial psychological assessment was given have changed dramatically, for example neurological damage is suspected; a child is now on medication, but was not when first tested; the child was bilingual and his/her English has improved greatly; a new psychological assessment should be administered. When a child’s disability area has been identified as “developmental delay,” and the child will be turning nine years old, a psychological evaluation should be part of the next re-evaluation to further clarify the disability area.

A Special Education Teacher may perform formal and informal assessments as well as an observation. The assessment usually includes achievement and diagnostic testing in Math, Reading, and/or Written Language and various assessments to determine the student’s learning strengths and weaknesses. This depends on the referral questions and the curriculum area identified by the classroom teacher as particularly difficult for this student. An observation of learning behaviors or social skills is considered and completed. The evaluating Team will determine the assessments to be conducted and what assessment tools will be used.

Related services are developmental, corrective, and other supportive services that are required to assist a child with a disability to benefit from special education. Some related services are defined by Massachusetts as Special Education. Eligibility is determined based on an educational model considering the unique and individual needs of the child. Related service providers, or RSPs, include but are not limited to Occupational Therapists, Physical Therapists, Speech/Language Pathologists, Adaptive Physical Education teacher, Teacher of the Visually Impaired and Orientation/Mobility Specialists. Related service providers may use observations, interview, rating scales, questionnaires, and direct assessment in determining eligibility for services. Please see the Related Services Section for more information about the purpose of each of these related services.

Best Practice: Purpose of Special Education Evaluations

Parents/guardians and staff may sometimes request evaluations that are outside of the scope of IDEA. In such cases, it may be helpful to share information about the purpose of special education evaluations. The purpose of a special education evaluation is to determine the presence of an educational disability and to determine if a student is eligible for special education. For students who do have an identified educational disability and are eligible for special education, the evaluation should contribute to educational programming decisions. The purpose of a special education evaluation is not to seek information for other purposes, make medical or psychiatric diagnoses, determine if a child is “gifted,” or determine if accommodations are required for tests such as the SATs. A medical or psychiatric diagnosis alone is not sufficient to require special education evaluation or eligibility but may be important to consider when determining the need to evaluate.

In order to avoid unnecessary or excessive testing, a Team Chairperson may ask a parent/guardian to waive certain redundant or unnecessary assessments. Only the assessments necessary to determine continued eligibility for special education services, or those assessments needed to write a comprehensive Individual Education Program (IEP) should be administered. A “Request for Waiver of Assessment(s)” form (28R/2) can be completed. Note that while specific assessments may be waived, the re-evaluation itself may not be waived. 

WAIVER FORM 

28.04(2)(c)

Reports of assessment results.

Each person conducting an assessment shall summarize in writing the procedures employed, the results, and the diagnostic impression, and shall define in detail and in educationally relevant and common terms, the student's needs, offering explicit means of meeting them. The assessor may recommend appropriate types of placements, but shall not recommend specific classrooms or schools. Summaries of assessments shall be completed prior to discussion by the Team and, upon request, shall be made available to the parent/guardians/guardians/legal caregivers at least two days in advance of the Team discussion at the meeting. Note that it is the district’s practice to always provide evaluation reports to parents/guardians at least two days prior to the meeting. 

603 CMR 28.05(1)

Best Practice: Report Format

Assessment Reports must be available to the Team Chairperson 3 days before the Team meeting. Many specialists have developed their own format for preparing their written assessment reports. All assessment reports must be signed and dated by the staff person completing the evaluation. The format may vary, but must include:

– Student’s Name
– Date of Birth
– School Grade
– Testing Date(s)
– Evaluator
– Reason for Referral
– Behavioral Observations During Testing
– Assessment & Procedures Used
– Description of What the Assessment Evaluates
– Assessment results/Learning Style/Strengths & Weaknesses
– Diagnostic impressions
– Summary and Recommendations

If the Team finds the evaluation information insufficient to develop a complete IEP, the Team, with parent/guardian consent, may agree to an extended evaluation period. No Extended Evaluation can take place unless the student has been found eligible for special education. The extended evaluation period shall not be used to allow additional time to complete the required assessments.

At the Team Meeting, the Team shall write a partial IEP that, if accepted by the parent/guardian, shall be immediately implemented by the district while the extended evaluation is occurring.

If the parent/guardian consents to an extended evaluation, the Team shall document its findings and determine what evaluation time period is necessary and the types of information needed to develop a comprehensive IEP. The Team may decide to meet at intervals during the extended evaluation, but in all cases shall reconvene promptly to develop or complete an IEP when the evaluation is complete. The Administrative Page of the IEP should indicate "Other Reason'' for the Type of Meeting.  The extended evaluation shall not be considered a placement.

• Administrative Advisory SPED 2019-2: Extended Evaluations
• EXTENDED EVAL FORM

CMR 28.04(5) 

Basic Steps of Independent Educational Evaluations (IEEs)

1. At the end of every special education eligibility meeting at which an evaluation has been considered, parent / guardian is asked if they are satisfied with the school district’s evaluation.
2. If parent / guardian indicates dissatisfaction with district's evaluation, parent / guardian is informed of right to seek Independent Educational Evaluation
3. Parent / guardian  is instructed to contact District Director of Special Education
4. Parent / guardian is informed that request for area of IEE must be in area of dissatisfaction with district evaluation
5. Team Chair / Coordinator notifies Director of Special Education immediately proceeding meeting
6. Director responds to parent's request (either written or voice) within 5 school working days.
7. Parent provides copy of IEE report to the district.
8. Team members read report
9. The team must convene to consider new information (report) within 10 school working days to consider new information and determine next steps. 

If a parent/guardian disagrees with the results of the district’s evaluation, the child may be eligible for an Independent Educational Evaluation (IEE) equivalent to the evaluation components completed by the district. Any such requests should be directed to the Director of Special Education for a determination of next steps. Any request for an Independent Evaluation must be acted upon within 5 school working days. Therefore, it is extremely important that the Director of Special Education be notified of such requests immediately. Requests can come in writing or verbally. In either case, action must be taken. The Barnstable Public Schools will follow the guidelines for income eligibility for Independent Evaluation requests. Information will be sent to parents/guardians upon request of an IEE.

When an Independent Educational Evaluation is completed, the Team Chairperson should receive a copy of the evaluation prior to any Team meeting. Team members should familiarize themselves with the content of the Independent Evaluation report. The Team must reconvene within 10 school working days of receiving the report to consider the results of the Independent Evaluation. Team members should read the independent evaluation report prior to the meeting and be prepared to discuss the contents of the report, including but not limited to assessments and results, determinations, and / or recommendations, and to offer opinions as education professionals based on an understanding of the educational performance and learning needs of the student. At the meeting to discuss the Independent or Private Assessments, next steps may include, but are not limited to, selection of recommendations of accommodations for implementation that are of an educational nature, further evaluation to determine assessment information relevancy in the student's educational environment, or changes to the student's IEP.  The Team Chairperson may ask the parent/guardian to sign a consent to allow the Team to communicate directly with the evaluator should they have specific questions regarding his/her recommendations. 

• https://www.doe.mass.edu/lawsregs/603cmr28.html?section=04 
• Administrative Advisory SPED 2004-1Independent Educational Evaluations

Best Practice: Parent/Guardian Input on Evaluations

At the end of each meeting at which a school’s evaluation is considered and eligibility is discussed, the team chair should ask the parent/guardian if they are satisfied with the evaluation, and check the appropriate box on the special education eligibility flowchart (IEP Forms and Notices). If the parent/guardian is not satisfied with the evaluation, the team chair should ask the parent/guardian which part of the evaluation they are not satisfied with, and document the parent/guardian’s response in the appropriate Prior Written Notice document (N1 or N2). The team chair should immediately inform the parent/guardian of their right to seek an independent evaluation and refer that person to the Director of Special Education. The team chair should also inform the Director of Special Education of the parent/guardian’s/guardian’s/legal caregiver’s request immediately after the meeting.

Parents may at any time elect to have their child evaluated by an independent evaluator at private expense. When parents/guardians present the school with an outside evaluation report, if the student is already receiving special education services, the Team should reconvene to consider the outside testing within 10 school days of when the district receives the report. The parents must provide the Team with a complete copy of the written report in order for the Team to consider the recommendations. 

If a student has NOT already been identified as being eligible for special education services and is not currently receiving special education services, school personnel shall contact the parent/guardian to discuss their concerns and / or schedule a meeting. The purpose of the discussion should be to gather information about the parent/guardian concerns, discuss available supports in place or available through general education, and determine if a referral for special education evaluation or 504 Accommodation plan is being requested or would be appropriate.  The Team chair should be notified of the receipt of the evaluation and be kept apprised of the results of the discussion or referral process.

Barnstable may respond to the receipt of the evaluation as a request for an initial evaluation to determine eligibility. Barnstable maintains its right and responsibility to perform an evaluation. The outside evaluation will be considered as part of Barnstable’s comprehensive evaluation to the degree that the content of the evaluation / report is pertinent to the team’s determinations.

The process for the consideration of outside, parent-funded evaluations is similar to the consideration of independent evaluations in that when a parent/guardian provides school personnel with a private evaluation report: Team members should familiarize themselves with the content of the evaluation report. As indicated above, for students with an existing IEP, the Team should reconvene within 10 school working days of receiving the report to consider the results of the evaluation. Team members should read the outside evaluation report prior to the meeting and be prepared to discuss the contents of the report, including but not limited to assessments and results, determinations, and / or recommendations, and to offer opinions as education professionals based on an understanding of the educational performance and learning needs of the student. The Team Chairperson may ask the parent/guardian to sign a consent to allow the Team to communicate directly with the evaluator should they have specific questions regarding his/her recommendations. Next steps could include, but are not limited to, implementing specific recommendations (that may or may not require changes to a student’s IEP), further evaluation, assessment, and / or testing.

Best Practice: Outside and Independent Evaluation Steps

The purpose of a meeting to review independent or outside evaluations is for the team to consider the new information and determine next steps. Next steps are not limited to and do not necessarily require a special education response. Next steps could include general education supports and interventions; recommendations for parents/guardians to support students in the home environment; re-determinations of eligibility; proposals for new assessments or evaluation; and / or revisions to IEPs and placement determinations. Next steps may include, but do not require, the  implementation of recommendations from the independent or outside evaluation. Consideration of the report, and determinations about recommendations, including the reasons for any rejected options, should be documented in the N1 or N2. 

The school district has an obligation to evaluate students who are home-schooled or are enrolled by their parent/guardian in a private school when requested, in the same manner and for the same purposes as a child attending a district school. If the evaluation results in eligibility for special education, the team must convene to develop an IEP. 

Best Practice: Requests for Evaluation for Students in Private Schools or Homeschooled

When a parent/guardian of a homeschooled or private-school student contacts a school district representative to request an evaluation, the parent/guardian should be directed to the school special education contact person in the school that the student would be attending if the student was attending a school in the district. The special education contact person should explain the evaluation process, including the purpose of a school evaluation (to determine the presence of an educational disability and determine eligibility for special education). The parent/guardian caregiver should also be asked about the area of suspected disability, as this will help guide the team in its evaluation. Parents/guardians of students who are enrolled by their parents/guardians in private schools should also be informed that most private schools are not required to implement Individualized Education Programs (IEPs).

All students who transfer from another district to Barnstable register at the district registration website at https://www.barnstable.k12.ma.us/registration. If the student has an IEP, that information is forwarded by the Family and Community Engagement Center to the Principal and / or school administrative assistant, who informs the team chair / coordinator. The most recently signed (“transfer”) IEP from the previous district is considered the “stay-put” IEP. The school district must implement the transfer IEP as follows: (Cite / link to reg)

(c) Change of residence.

When an eligible student or student's family changes residence from one Massachusetts school district to another, the last IEP written by the former school district and accepted by the parent/guardian shall be provided in a comparable setting without delay until a new IEP is developed and accepted.
If a student found eligible in another state moves to Massachusetts, the new Massachusetts district of residence shall provide the student with a free appropriate public education, including special education services comparable to those in the IEP from the former state, in consultation with the parent/guardians, until the Massachusetts district determines if it will accept the finding of eligibility and/or the current IEP developed for the student in the former state of residence. If the Massachusetts district determines that the finding of eligibility and the IEP developed for the student continues to accurately represent the needs of the student, then the Massachusetts district shall continue to implement the IEP. If the Massachusetts district determines that a new evaluation is necessary to determine continued eligibility or services, or a parent/guardian/legal caregiver or another person concerned with the child's development requests an evaluation, the district shall immediately provide written notice to the parent/guardians as required under 603 CMR 28.04(1).

 
Best Practice: Evaluation of Students with IEPs Who Transfer In From Other Districts or States

It is best practice to evaluate students with IEPs from other states and districts shortly after they begin school in Barnstable. School districts across Massachusetts and in other states have a wide variety of resources, staffing, specialized programs, models of service provision, and standards for performance. What is available and effective in one district is not necessarily so in another. An evaluation provides the receiving district an opportunity to assess the student in their identified area of disability, an opportunity to learn about the student’s areas of strength and challenge, and to gather information that can inform programming determinations that meet the student’s needs in their new district. While the evaluation is in process, the student should be provided with the most comparable and appropriate special education setting the district has to offer.

When proposing the evaluation, careful consideration should be given to all available information, including the most recent evaluations and assessment completed by the student’s former district. If there exist recent evaluations and assessments that are reviewed and determined to be appropriately up-to-date and informative for the purposes of disability identification and special education programming, those evaluations and assessments need not necessarily be repeated, but in such cases should be referenced in the Barnstable district’s evaluation report(s). Evaluation should include parent/guardian interviews, interviews with educators from the former district (whenever possible), and observation in multiple school settings, as well as all other mandatory assessments that are necessary for evaluation (Educational Assessments A and B, etc.).

The school district must provide parents/guardians with a written notice when it proposes, or refuses, to take steps to identify students as eligible for special education, to evaluate students, to provide special education services to students, or to change a student’s program or placement.. Federal regulations call this a “prior written notice.” The written notice must:

• Describe what the school district proposes or refuses to do;
• Explain why the school district is proposing or refusing to take the action;
• Describe how the school district decided to propose or refuse to take the action, including telling you about each evaluation procedure, assessment, record, or report that your school district used to make its decision; and
• Describe any other options that your student's individualized education program (IEP) Team considered and the reasons why those options were rejected.

The Barnstable schools provide this information to parents/guardians using the DESE approved N1 (School District Proposed Action) and N2 (Refusal to Act) forms. An N1 form must always accompany a (proposed) consent to evaluate; proposed IEP and / or placement; or a proposed change or amendment to an IEP or placement. 

IEP FORMS and NOTICES

The district utilizes the N1 and N2 notices to document considerations and determinations made at IEP team meetings (see above section, Prior Written Notice). This is the formal process by which the district memorializes the key information shared by participants in the decision-making process.

The N1 or N2 should be sufficiently detailed to provide an explanation of what key factors were considered and what decisions were made and why. The district does not need to provide an additional set of meeting notes. All participants at team meetings may take and keep their own personal notes. If and when a (district personnel) team member's personal notes are shared with another individual, the notes become part of the student record and must be added to the student's file. 

Meeting notes are not required for other meetings with parents including parent conferences, parent-teacher conferences, or consultations that are not IEP team meetings or special education evaluation meetings.  The creation and provision of a document memorializing such a meeting is at the discretion of the individual running the meeting. 

Audio recording of meetings:

The district does not audio or video-record meetings with parents. A parent/guardian does have the right to audio-record an IEP team meeting. When a parent/guardian does indicate that they will record a meeting, the team chair shall also record the meeting and immediately following the meeting save the recording for addition to the student record.

Best Practice: Is it an IEP Meeting? If the purpose of the meeting is to consider topics that could result in changes to a student's special education programming, such a meeting should be considered an IEP team meeting and include members of the student's IEP team. In such cases, the meeting is to be documented with an N1 or N2.

Team meetings are intended to be an evaluative, decision-making process that is engaged in by invested individuals (teachers, specialists, parent/guardians/guardians, advocates, etc.) who carefully consider information, evidence, and/ or data in order to make informed decisions about students who have, or are suspected of having, one or more disabilities. Effective Team meetings are predicated upon positive communication among all participants including internal constituencies such as professional staff, administrators, and external constituencies such as parents/guardians, agency representatives, private school providers, and advocates. 

Parents/guardians should be the focal point of scheduling the Team meeting. If your school conducts a special day for Team meetings, let parents/guardians know with as much advance notice as possible. If the parent/guardian cannot attend, other methods should be used to ensure parent/guardian participation, including phone calls and remote meeting platforms. A detailed record of all such attempts must be maintained.

By regulation, evaluation reports shall be available to parents/guardians at least 2 days prior to the TEAM meeting, upon request. It is the practice of the Barnstable Public Schools to have assessment reports available to parents/guardians two days in advance. 

• The following roles must be filled at the Team Meeting:
• Parent/guardian of the student
• Not less than one general education teacher familiar with the student (if the child is, or may be, participating in a general education class).
• Not less than one special education teacher familiar with the student.
• A representative of the district who has the authority to commit resources (this designated person is usually the Team member chairing the Meeting).
• An individual who can interpret evaluation results (members must stay in their area of expertise; do not claim to be able to interpret evaluation results in an area outside your license and role).
• At the discretion of the parent/guardian or district, other individual(s) who have knowledge or expertise regarding the student.
• If appropriate, the student (beginning age 14).

Team Members may fill multiple roles at the meeting (for example, the special education teacher may also be able to interpret evaluation results).

A required member of the Team (by role) does not have to attend the Team Meeting, in whole or in part if the parent/guardian and the district agree in writing that the Team Member's attendance is unnecessary because the Member's area of curriculum or related services is not being modified or discussed. (Signatures required)

When the IEP Meeting involves a modification or discussion of a required Team Member's area of curriculum or related services (by role), that Member may be excused, in whole or in part, only if:

• The parent/guardian and the district representative agree to the excusal in writing; and
• The individual who is filling that role submits written input into the development of the IEP to the parent/guardian and the IEP Team prior to the Meeting (Signatures required).

Best Practice: When a TEAM Member is Excused In cases in which a member of the team is seeking excusal, the member seeking excusal should call the parent/guardian to provide a summary of their input and provide an opportunity for the parent/guardian to ask questions. A written summary of the excused person’s input must be provided to the student’s parent/guardian to be shared by a Team member at the meeting.

The TEAM is responsible for managing three important activities:

1. Eligibility Determination (Initial and Reevaluations - see Section I)
2. Development of the IEP when the student is found eligible.
3. Placement decision - type of setting (vs. location) based on the student’s needs as identified in the IEP.

Best Practice: Presenting Findings

Team Members should come to the Team Meeting prepared to make recommendations based upon evidence and research on best practices, along with their professional judgments. Team Members should always remain in their own areas of expertise. When presenting their findings they should be concise and focused on the evaluation/referral questions at hand.

The Team Chairperson is the chairperson for Initial/Re-evaluation meetings, and in most cases, annual review meetings. The Team Chairperson has the authority to commit the resources of the town or district. The chairperson may make the decision to reconvene the Team when their knowledge of available resources is not broad enough to proceed. When a Team meeting must be reconvened to include additional members (Special Education Director, a consultant, or advocate invited by the parent/guardian), the chairperson must ensure that all members of the first meeting are present and that the reconvened Team meets within the prescribed time. A General Education Teacher must be present at all Team meetings and remain through the eligibility process and to contribute to the development of the IEP when an IEP is developed.  

Each Team should strive to focus on what a child CAN do within the school setting. The Team should identify specific strengths of the child and assist the parent/guardian in defining the child's areas of academic, social, and emotional strength. While chronological expectations must be considered, the Team should be sensitive to appropriate developmental guidelines. Parent/guardian goals and their vision for their child should be solicited at the Team Meeting, to assist the Team in prioritizing goals for the coming year.

All Team members have specific expertise in the Team process and should be prepared to share their expertise at the Team Meeting. On rare occasions, a Team is not able to come to consensus about what should be recommended for a student. In these cases, the Team Chairperson will decide and propose the IEP for the district.

If the student has one or more of the disabilities defined at 603 CMR 28.02(7) (see list below) and if, as a result of the disability(ies) the student is unable to progress effectively in the general education program without the provision of specially designed instruction, or is unable to access the general curriculum without the provision of one or more related services, the Team shall determine that the student is eligible.  The Team must ensure that the student's inability to progress is a result of the disability(ies) and not a result of an inability to meet the school discipline code, limited English proficiency, social maladjustment, or lack of instruction in reading and math.

In some instances, the Team will have clear evidence of a disability, well-documented data, and a history of diagnosis. In others, the disability may not be as clear or there may be elements of two or more disabilities present. It is the responsibility of the Team to make a good faith effort to determine the category of primary disability. It is recognized that this is not always easy and may, in fact, be altered at some other date. The disability definitions and characteristics are as follows:

Disability Definitions: 

Defined by DESE 

Autism - 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. 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. 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.

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.

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 terms shall include students with mental retardation.

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 auditorily-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.

Deaf/blind - Concomitant hearing and visual impairments, the combination of which causes severe communication and other developmental and educational needs. 

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.

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.

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.

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.

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.

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.

At the IEP development meeting, the team must address the following areas of need: verbal/non-verbal communication, social interaction skills, resistance to environmental change or change in daily routines, engagement in repetitive activities or stereotyped movements, positive behavioral strategies and supports. Consideration of each of these areas is documented on the IEP.

• Technical Assistance Advisory SPED 2007-1 Autism Spectrum Disorder
• Technical Assistance Advisory SPED 2014-1DSM-5 Changes and the Impact on Students with Autism Spectrum Disorders (ASD)

• Technical Assistance Advisory SPED 2021-2: Students with Autism and Application for Department of Developmental Services Adult Eligibility

If a student is found to have a disability however does not require specially designed instruction or related services in order to make progress the student is not eligible for special education. Specially designed instruction includes modifications that affect content, delivery of instruction, methodology, and/or performance criteria and are necessary to assist the student in participating and learning.

If the student only requires accommodations, then that student is not eligible for special education. General educators within the general education environment typically provide accommodations. Pencil grip use, providing specific graphic organizers, extended time, text to speech, or cooperative learning strategies are some examples of these kinds of typical accommodations. Accommodations allow students to access/receive information in a more effective manner according to their individual needs. 

IEP PROCESS GUIDE

• An accommodation is intended to provide a student with a support that allows the student to achieve at the same level as other students.
  
  
• A modification is a change in the expectations for a student's performance, such as taking a reduced workload or specially adapted classroom tests. Determination of no eligibility or discharge from Special Education Services

The Team must make a finding of no eligibility:

• If the student does not have a disability;
• If the student does have a disability, but is making effective educational progress without the need of supportive services;
• If the student shows a lack of educational progress, but it is not related to the disability, or
• If the student does not require specially designed instruction.

Best Practice: Determination of Effective Progress

The team must consider a student’s academic, social-emotional, and behavioral progress in making its determinations. In making a determination of whether or not the student is making effective progress, the team should consider multiple sources of information, including, but not limited to: formal and informal academic performance data; and formal and informal indicators of student’s social, emotional, and behavioral functioning in all school environments.

If the Team determines that the student is not eligible, the Team Chair shall record the reason for such a finding, list the meeting participants, and provide written notice of the parent/guardians’ rights within 10 calendar days; for re-evaluations termination date of service(s) needs to be included on an N1 document. It will be noted on the N1 that services will remain in place for 30 days from the date of the determination unless parent/guardian consents in writing to an earlier termination date. An N1 notice is used to document ineligibility for re-evaluations, as the district is proposing to end services. An N2 notice should be used for initial evaluations that result in the student being found not eligible for special education.* Links to N1 and N2 forms 

Administrative Advisory SPED 2001-4 Finding of No Eligibility for Special Education

Parents/guardians have the right to appeal any eligibility determination to the Bureau of Special Education Appeals (BSEA), including a finding of no eligibility. Parents/guardians may contact the BSEA directly. Information regarding how to contact BSEA is included in the Notice of Procedural Safeguards sent to parents/guardians with the consent packet. If a parent/guardian rejects a finding of no eligibility, and informs the team / district that they want services to continue, the district will continue to provide services as stated on the last, signed IEP, until the dispute is resolved.

Procedural Safeguards

Best Practice: Prior Written Notice: N1 or N2?

Any IEP meeting that results in a determination of eligibility, an IEP or IEP amendment, and / or a placement, must be followed by either an N1 (Proposed District Action) or N2 (Refusal to Act). The N1 is used when the district is making a proposal to do something, including but not limited to proposing an evaluation, an IEP, an IEP amendment, a revision to an IEP, a placement, or a change in placement. The N1 is also used to propose an end to IEP services for students with an existing IEP. For students with an existing IEP, if there are items, such as goals, services, or placement, that are considered but it is determined by the district to be unnecessary and will not be part of the proposal, these items should be documented in the “rejected options” section of the N1. The N2 will be used primarily for initial evaluations in which a student is determined to be ineligible for special education, or in some cases in which a meeting is held to make a determination about an item (such as a request for change of placement) that is outside of the typically scheduled IEP review / reevaluation schedule.

Parents/guardians are allowed to bring others to the Team meeting to assist them with the process and/or decision-making. Often these people are educational advocates, paid for by the parent/guardian; other times the parent/guardian brings a friend or relative to the meeting. These people must sign in and become a member of the Team. If an advocate contacts district personnel by phone, fax, or other method, do not discuss the child or case until you have signed, written permission from the parent/guardian to do so. This protects confidentiality.

Release of Confidential Information Form.pdf

If an advocate wishes to observe a child at school, please notify the Team Chairperson who will arrange an observation following the district guidelines. All questions and concerns should be referred to the building Principal and/or the Director of Special Education.

Best Practice: TEAM Meeting Attendance Form

Meeting attendance sheet should be provided to the parent/guardian with the meeting invitation. The attendance sheet should be pre-populated with the names and the roles of the individuals who are being invited by the district. Other attendees, not expressly invited by the district, including educational advocates or others invited by parents/guardians, should fill out and sign the attendance sheet at the time of the meeting. Parents/guardians should be provided with a copy of the attendance sheet after the meeting if requested, along with an IEP summary document if an IEP is developed at the meeting.

These guidelines are intended to ensure that all advocates are afforded ample opportunity and proper access within the context of the busy school day and ever-changing staff/student schedules. Advocates assist parents/guardians with the special education process and assist them in decision-making relative to their child’s IEP needs. Some advocates complete training through the Federation for Children with Special Needs or have an educational background that helps them understand educational and special education issues. However, educational advocates employed by parents/guardians are not required to have any special certifications or licensure. It will benefit the student most when district personnel can take time to explain scheduling and other issues when an advocate is unsure about these ancillary issues. In addition, please adhere to the following guidelines to ensure that the needs of the parent/guardian and advocate are satisfied within the context of the greater needs of the student and school's daily activities:

• Advocates must always produce a written permission document signed by the parent/guardian. Without this signed statement (release of information), district personnel are not authorized to divulge any information to ANY third party about any student. This includes copies of student records. The district has a Release of Confidential Information permission form available for use. The district will also accept releases provided by other agencies provided the form is up-to-date and signed by the parent/guardian/legal caregiver. Forms that are signed within one calendar-year are considered up-to-date.
• Telephone requests from advocates to visit, observe, or meet about students should be directed to the Team Chairperson who will coordinate the best dates, times, and scheduling of involved staff so that the visit will be most beneficial and productive. The district follows the “Observation Law” Chapter 363 approved on October 10, 2008.

Release of Confidential Information Form.pdf

Best Practice: Working with Advocates

Teams should strive to develop mutually respectful and collaborative relationships with advocates. With parent/guardian permission and once a release is provided, advocates should be considered a member of the team and may be included in correspondence, including correspondence about scheduling meetings. Advocates can be important partners and be helpful to both parents/guardians and school personnel in supporting students to be successful.

If the parent/guardian brings an attorney without prior notice to a Team meeting, the Team Chairperson will inform the attorney that the Barnstable Public Schools will also require legal representation at the meeting.  The parent/guardian may choose to continue the meeting with neither attorney present. If the parent/guardian insists on the presence of their attorney, the meeting is to be rescheduled with the school district’s attorney present. The Director of Special Education should be contacted if this circumstance should arise.

Observation of Special Education Programs

To ensure that parents/guardians can participate fully and effectively with school personnel in the consideration and development of appropriate educational programs for their child, a school committee shall, upon request by a parent/guardian, provide timely access to parents/guardians and parent/guardian-designated independent evaluators and educational consultants for observations of a child’s current program and of any program proposed for the child, including both academic and non-academic components of any such program. Parents/guardians and their designees shall be afforded access of sufficient duration and extent to enable them to evaluate a child’s performance in a current program and the ability of a proposed program to enable such child to make effective progress. School committees shall impose no conditions or restrictions on such observations except those necessary to ensure the safety of children in a program or the integrity of the program while under observation or to protect children in the program from disclosure by an observer of confidential and personally identifiable information in the event such information is obtained in the course of an observation by a parent/guardian or a designee.

Technical Assistance Advisory SPED 2009-2 Observation of Education Programs by Parent/Guardians/Legal Caregivers and Their Designees for Evaluation Purposes

Best Practice: Observation of Students by Parent/Guardians

School district personnel follow the Barnstable School District’s School Committee policy of the Observation of Special Education Programs. When a parent/guardian or third party makes a request to observe a student in their special education placement or a newly proposed placement, whether that placement is in a full or partial inclusion or substantially separate setting, the policy should be shared with the person making the request prior to the observation taking place. This ensures a mutual understanding of the process. All observers should be accompanied by a school administrator or their designee during the observation.

An IEP provided to a parent/guardian within 3-5 school days of the Team meeting fulfills the requirement for "immediate" delivery of the IEP to the parent/guardian. The parent/guardian has 30 calendar days to respond to the proposed IEP. 

DESE Guidance of December 1, 2006: Currently, most districts have the technology or resources available to present at least the key service components of an IEP to the parents/guardians as they leave the Team meeting. This document is referred to as a "summary."

IEP Team Meeting Summary.pdf

At a minimum, this summary must include:

(a) a completed IEP service delivery grid describing the types and amounts of special education and/or related services proposed by the district, and

(b) a statement of the major goal areas associated with these services

Providing parents/guardians with this summary at the conclusion of the Team meeting fulfills the DESE's requirement to provide the parent/guardian with the key decisions and agreements immediately. The district may then take no more than two calendar weeks to prepare the complete IEP for the parent/guardian signature and for the student's records. 

If the above approach is used, the Department (DESE) will consider that the district has met the requirement under 603 CMR 28.05(7) to provide the parent/guardian with the IEP immediately following its development.

The district's use of a summary report prior to providing the complete IEP must be acceptable to the parent/guardian. There may be circumstances when the parent/guardian is ready to accept the IEP immediately in order to begin services for the student. In this case, parents/guardians/legal caregivers may ask the district for the completed IEP in order to begin implementation of IEP services as soon as possible. Districts must respond to such requests with a complete IEP within 3-5 school days of the Team meeting. However, since the district encourages teams to schedule IEP development meetings in advance of the time period of the proposed IEP service delivery,  in most cases the immediate provision of a summary with a complete IEP provided shortly thereafter will be acceptable to the parent/guardian.

The parent/guardian is under no obligation to wait to receive the complete IEP to begin considering whether to consent to the proposed IEP services and goals. The district urges parents/guardians to begin their consideration while developing the IEP in the Team meeting, and to respond to the district's request for consent as soon as they are ready to do so. The district's delivery of a summary at the IEP meeting, and any additional time needed to deliver the complete IEP, does not delay the parent/guardians right and opportunity to respond promptly to the proposed IEP.

Memorandum on the Implementation of 603 CMR 28.05(7): Parent response to proposed IEP and proposed placement

Best Practice: Obtaining a Signed IEP

When an IEP has been proposed, but there is a delay in receiving the signed copy from the parent/guardian, team members should collaborate with the special education central office staff to reach out to parents/guardians and encourage them to return a signed copy of the IEP.

When an IEP is not returned by parent/guardian in a timely manner, the special education office takes the following steps:

1. Upon receipt of the LEA (signed by principal or coordinator) response page, 2 copies of the IEP are mailed or emailed to the parent/guardian for their response.  
2. The date that the IEP is mailed is entered in the Admin field "Mailed to parent/guardian/legal caregiver" and a copy of the response page (with the LEA signature) is saved to Documents in Aspen.
3. If, by the 30th day, the IEP has not been returned with a response, a "First Reminder" letter is mailed to the parent/guardian with two additional copies of the IEP.
4. If, by the 60th day, the IEP has not been received, a "Final Reminder" letter is mailed to the parents/guardians with another two copies of the IEP.  In the body of the letter, it is explained that without a parent/guardian response in ten days, the district will have no other option than to send the IEP to the Bureau of Special Education Appeals (BSEA) as rejected.
5. If, by the 70th day, the IEP has not been returned and the district has had no contact from the parent/guardian regarding the plan, the IEP is sent to the BSEA as unsigned/rejected.  This is done electronically via an email to the Bureau.
6. The Bureau will then send a letter to the parent/guardian (and a copy to the district) explaining their rights to request a mediation or hearing. If no action is taken by the parent/guardian, the proposed IEP remains inactive.  The district has demonstrated/documented its due diligence to obtain the parent/guardian/legal caregiver(s)' response

Each member of the IEP Team should come to the IEP meeting prepared with recommendations for or with draft wording of the section of the IEP to which they are a primary contributor. While it is important that each member come to the IEP development meeting with current performance data and recommendations for the IEP, it is always important to remember that the IEP is developed at the IEP meeting, and that a parent/guardian must be invited to provide input into each section of the IEP. 

Parent/guardian concerns should be discussed at the beginning of the IEP team meeting, as the IEP development process should attempt to address the concerns a parent/guardian may have. Parents/guardians may also be asked to provide their concerns prior to the meeting. There may also be instances in which parents/guardians are unsure of their concerns at the start of the meeting. It is perfectly acceptable to “circle back” to parent/guardians concerns at any time in the IEP development process. Parents/guardians also may ask to provide their concerns in writing, after the meeting has concluded. In such an instance, the parent/guardian should be informed of the timeline for the district to submit the proposed IEP to the parent/guardian, and that the parent/guardian concerns will be copied verbatim into the document when received if received in time for the district to meet timeline requirements. 

The Vision statement also should not be drafted in advance. The team should work together to develop a 1 - 5 year team vision statement for the student that, along with parent/guardian concerns, informs the development of the rest of the IEP. For students beginning the year in which they turn 14, information from the student’s completed Transition Planning Form should be incorporated into the vision statement. 

Present Levels of Educational Performance (PLEPs) should be based on the most recent evaluation data along with a review of current performance. Accommodations and modifications should be recommended based on input from the team with an emphasis from general and special educators about what accommodations and modifications are required for the student to access the general curriculum. Recommendations for goals should include detailed current performance levels based on the most recent available data and an outline of important objectives. 

Other sections of the IEP, including services, schedule, transportation, and assessment may be drafted based on recent performance and assessment / evaluation, but must be discussed by the entire team, and parents/guardians must be offered an opportunity to provide input into each section of the IEP.

An IEP draft is not required, but If the team will have a fully developed draft prior to the meeting, a copy of the draft should be provided to the parent/guardian in advance. Any drafts of IEPs, no matter the extent to which they are fully developed, must be clearly labeled DRAFT on each page of the draft IEP. 

At an IEP meeting the team may also use, for reference, the previous / current IEP, and review and update the IEP based on new, updated current performance data, parent/guardian input, observation, progress reports, evaluation reports, and other sources of information including but not limited to report cards and other assessments. 

In all cases, prepared IEP documents, whether partial drafts or previous / current IEPs, should be provided to parents/guardians as a visual aid and reference during the meeting. The IEP document may be shared in paper form, by screen share (for remote meetings), or projected at the meeting site (if possible). The Team chair in consultation with the participants of the Team will determine the best manner by which to share the document while the IEP development meeting is in process. If a parent/guardian requests a specific presentation - for example, a paper copy of the document or to have the document projected - reasonable efforts should be made to accommodate the parent/guardian’s request.

School and district personnel must include the student’s parent/guardian in the IEP development process. The IEP team meeting is the primary forum for parent/guardian participation in the IEP development process. Parents/guardians should be invited to provide input on each section of the IEP. There may be times when it is difficult to reach a parent/guardian or receive a response when scheduling an IEP team meeting. In such cases, every effort must be made to confirm that the school district has the correct contact information. Multiple efforts must be made to contact the parent/guardian by phone and email (if available). Best practice is to use all known contact information, on different days, and at different times of the day. All efforts must be documented for the student record. In rare cases, where more than three efforts have been unsuccessful, and an IEP end-date or other important deadline is approaching, the Team Chair should collaborate with the school Principal, Special Education Coordinator, or Director of Special Education to determine if the meeting should be held without the parent/guardian present.

Best Practice: Ensuring general educators are aware of and understand their students’ IEPs 

At the beginning of each school year, each special education contact person or other personnel designated by the Principal or special education administrator will notify by email each general education teacher who has assigned to them a student with an IEP and inform them of how they can access the IEPs of the students who are enrolled in their class. The notification will include an assurance that the educator has read and understands the students’ IEP(s); and provide information regarding how to ask questions or seek additional information related to the implementation of IEP accommodations and/or modifications to ensure understanding.

Student participation and voice in the IEP process is encouraged at all levels, and beginning in the year in which a student turns 14 years of age, the student must complete a transition planning form (LINK FORM) and be invited to attend the IEP meeting. This may be surprising to parents/guardians who are unaware of this requirement. Efforts should be made to notify parents/guardians that we encourage student involvement, even if the student only attends a portion of the IEP meeting; and that it is at the parent/guardian’s discretion whether or not their child participates in the meeting. 

It is especially important to include older students in the development of a 1 - 5 year vision statement and transition planning. At all ages, efforts should be made to include the student’s voice in the IEP. Staff are encouraged to ask all students, regardless of age or disability,  about their interests and their own vision for their future as part of the IEP development process.

The school district has an obligation to develop, propose, and implement IEPs for eligible students enrolled in home-school or private school. If a parent/guardian does not want the district to develop or implement an IEP, the parent/guardian should be asked to provide that information in writing, LINK TO DOC, with documentation placed in the student’s file. The IEP should be developed based on the student’s needs and services and should be proposed as if the student attended the Barnstable schools. Upon signed acceptance of the IEP by the parent/guardian, the parent/guardian should be informed of the opportunities to access drop-in special education services at the school their child would attend if the child was enrolled in the Barnstable schools.

Related Services - 34 CFR (Code of Federal Regulations) §300.24, defines related services as transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education. Related service providers, or RSPs, include Occupational Therapists, Physical Therapists, Speech/Language Pathologists, Adaptive Physical Education teacher, Teacher of the Visually Impaired, and Orientation/Mobility Specialists.

Assistive Technology

Consultation and direct services are provided to students who require specialized  equipment/devices, etc. to improve his/her ability to access the curriculum and participate in  classroom activities. Services are provided by related service providers, special educators, and  outside agencies when necessary, based upon the individual needs of students. (Appendix)

• DESE Assistive Technology Resources
  
  
• Technical Assistance Advisory SPED 2018-3Addressing the Communication Needs of Students with Disabilities through Augmentative and Alternative Communication (AAC)

LINK to FORMS

Related Services - 34 CFR (Code of Federal Regulations) §300.24, defines related services as transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education. Related service providers, or RSPs, include Occupational Therapists, Physical Therapists, Speech/Language Pathologists, Adaptive Physical Education teacher, Teacher of the Visually Impaired, and Orientation/Mobility Specialists.

Counseling Services

Counseling is provided to eligible students to address skill deficits with interpersonal skills,  peer group dynamics, and conflict resolution. Interventions through the counseling department at each school are also offered to all students on an as needed basis to discuss and process school-related or social issues. 

School counselors or social workers meet with teachers and parents/guardians to discuss the social and emotional needs of students. Consultation may be provided to address behavioral concerns that affect classroom performance. A list of private counseling referrals is also available when requested as an additional resource to parents/guardians. 

The school counselor or social worker may also lead social language or skills groups with a  speech and language therapist or special education teacher. A variety of structured, therapeutic games, modified traditional games and directed free play are used in small group settings to support the development of appropriate peer skills. The groups are designed to encourage mutual respect and sensitivity to the thoughts and feelings of all group members.  

LINK to FORMS

Related Services - 34 CFR (Code of Federal Regulations) §300.24, defines related services as transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education. Related service providers, or RSPs, include Occupational Therapists, Physical Therapists, Speech/Language Pathologists, Adaptive Physical Education teacher, Teacher of the Visually Impaired, and Orientation/Mobility Specialists.

Hearing Services

Consultation and direct services are provided to students who require specialized interventions/devices etc. to improve auditory skills. Services are provided by outside agencies when necessary, based upon the individual needs of students.  

LINK to FORMS

Related Services - 34 CFR (Code of Federal Regulations) §300.24, defines related services as transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education. Related service providers, or RSPs, include Occupational Therapists, Physical Therapists, Speech/Language Pathologists, Adaptive Physical Education teacher, Teacher of the Visually Impaired, and Orientation/Mobility Specialists.

Occupational Therapy Services 

Occupational therapy services are provided to address impairments in fine motor skills, visual-motor skills, visual perceptual skills, and/or sensory accommodations and/or needs. These deficits must impact the student's ability to benefit from special education or to access the general curriculum. Services may be provided in the general education classroom, special education classroom, or in a specifically designed occupational therapy room with specialized equipment. Consultation and support focused on the use of technology (low and high tech) to access the general curriculum and benefit from special education is also available when required. 

Occupational therapy services are provided to students when difficulties impact the child's ability to access the general curriculum and/or school environment. The Occupational Therapist can evaluate and address underlying postural, fine motor, visual motor or sensorimotor deficits to determine how to best achieve effective progress in school. The occupational therapist may consult with teachers to assist with those students who have continued difficulty with written output.  

LINK to FORMS

Related Services - 34 CFR (Code of Federal Regulations) §300.24, defines related services as transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education. Related service providers, or RSPs, include Occupational Therapists, Physical Therapists, Speech/Language Pathologists, Adaptive Physical Education teacher, Teacher of the Visually Impaired, and Orientation/Mobility Specialists.

Physical Therapy Services

Physical Therapy services are provided to address impairments with gross motor skills, including independent movement, balance, endurance, and fundamental body management in order to safely access the school environment for learning. 

Physical therapy goals may include improving a student's general body strength, joint motion,  endurance, muscle tone, balance, coordination, motor planning and protective, righting, and equilibrium reactions. School-based physical therapy is not intended to improve a student's physical fitness to become a better athlete, nor is it provided in the case of temporary injury. In a  case of temporary injury, the need is generally medically based and not educational in nature. 

Based upon the nature of the service, therapy generally takes place outside of the regular classroom. Spaces used may include the gymnasium, OT room, PT room, special education classroom, or hallway (when appropriate to the goals being worked on). Consultation with the teacher regarding participation, positioning, etc. in the classroom is also a provision of services if needed.  

LINK to FORMS

Related Services - 34 CFR (Code of Federal Regulations) §300.24, defines related services as transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education. Related service providers, or RSPs, include Occupational Therapists, Physical Therapists, Speech/Language Pathologists, Adaptive Physical Education teacher, Teacher of the Visually Impaired, and Orientation/Mobility Specialists.

Specialized Transportation

Specialized transportation is provided as a related service as determined on a student’s IEP based  on the state regulations 603 CMR § 28.05.

The Team shall determine whether the student requires transportation because of their disability in order to benefit from special education. 

Regular transportation will be provided in the same manner as it would be provided for students without disabilities. If the child is placed away from the local school, transportation will be provided.

Note: If regular transportation is noted on the student's IEP and the student is enrolled by his or her parents/guardians/legal caregivers in a private school and receiving services under 603 CMR 28.03(1)(e), such student is not entitled to transportation services unless the school district provides transportation to students without disabilities attending such private school. 

Special transportation is provided in one of the following manners: 

A. on a regular transportation vehicle with modifications and/or specialized equipment and precautions listed on IEP and provided 

B. on a special transportation vehicle with modifications and/or specialized equipment and precautions listed on IEP and provided 

• The district shall arrange to have eligible students who use wheelchairs transported in vehicles that do not require such students to be removed from their wheelchairs in order to enter or leave the vehicles; provided, however, that this requirement shall not be applicable where a Team or the student's physician recommends that the student regularly transfer in and out of conventional vehicles to or from a wheelchair for therapeutic or for independence training reasons. 
• The Team shall specify whether the student requires assistance in or out of the home, on or off of the vehicle, and in or out of the school. If such assistance is specified, the district shall ensure that it is provided. 
• The Team shall specify if the student has a particular need or problem that may cause difficulties during transportation, such as seizures, a tendency for motion sickness, behavioral concerns, or communication disabilities. 

1. If special transportation is noted on the student's IEP, the student is entitled to receive transportation services to any program provided by the public school and in which the student participates. 
2. If special transportation is noted on the student's IEP and the student is enrolled by his or her parent/guardians in a private school and receiving services under 603 CMR 28.03(1)(e), the school district's obligation to provide transportation shall be limited to transportation services within the geographic boundaries of the school district. 

** In no event shall a school district allow transportation considerations to influence, modify, or determine the educational program required by any student in need of special education. 

After the team makes a transportation decision and after a placement decision has been made, a parent/guardian may choose to provide transportation and may be eligible for reimbursement under certain circumstances. Any parent/guardian who plans to transport their child to school should notify the school district contact person. 

LINK to FORMS

Related Services - 34 CFR (Code of Federal Regulations) §300.24, defines related services as transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education. Related service providers, or RSPs, include Occupational Therapists, Physical Therapists, Speech/Language Pathologists, Adaptive Physical Education teacher, Teacher of the Visually Impaired, and Orientation/Mobility Specialists.

Speech and Language Therapy Services: 

Speech and Language Therapy services are provided to address the needs of students with communication impairments that are affecting their access and participation in the educational setting. Interventions focus on production of sounds, the understanding, and production of language, and/or effective communication with others. Services may be provided in a separate,  individual/small group setting, within the general classroom environment, and/or in substantially separate settings.

Licensed therapists help students develop age-appropriate expressive and receptive language skills as the focus of their therapy. This focus may include different aspects of language development and generally changes over time as the student develops and different grade appropriate skills are needed. For some students, relatively short-term interventions are successful. 

When a preschool child is identified with speech and language needs, services are coordinated with the child’s private preschool program as much as possible. Speech and language services are also an integral component of our integrated preschool program. 

LINK to FORMS

Related Services - 34 CFR (Code of Federal Regulations) §300.24, defines related services as transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education. Related service providers, or RSPs, include Occupational Therapists, Physical Therapists, Speech/Language Pathologists, Adaptive Physical Education teacher, Teacher of the Visually Impaired, and Orientation/Mobility Specialists.

Vision, Orientation & Mobility Services

Vision and O&M services are provided to students who require very specialized instruction due to vision impairments. Instruction focuses on helping students to navigate safely within their environment and to maximize their visual abilities. Services may be provided directly or as a consult to teachers and other school personnel.  

LINK to FORMS

Extended School Year (ESY) programs and services are described under state and federal special education requirements. While regression is not the only factor contributing to a determination of ESY eligibility, it is an important consideration (see link below). All children regress to some degree during the summer months (lose progress, forget, revert to previous behavior, etc.). It must be determined whether a child's regression would likely be substantial and whether the child would require a greater than usual time to "recoup" - to get back to the level the child had achieved before a break in service. The provision of ESY services is a Team decision. The ESY services will be outlined in the IEP.  

Education Extended School Year Programs - Question and Answer Guide

Best Practice: Extended School Year (ESY)

Determinations of eligibility for Extended School Year service should be data-based decisions made at a student’s annual IEP meeting. Assessing learning loss and recoupment during school vacations, extended student absences or other breaks from school is recommended. District staff compile the list of eligible students based on active IEP status on May 1. Any students with changes to ESY eligibility status on a proposed IEP between May 1 and the last day of school must be communicated to the Co-Directors of special education. Students eligible for ESY are identified by “Yes, longer year” being indicated on the Schedule Modification section of the IEP. If this box is not checked on the IEP, the student will not be able to be identified for inclusion in ESY programming. The details of ESY programming, including type and amount of services, must be indicated on the IEP service grid as well as clearly described on the schedule modification page of the IEP.

Best Practice: MCAS Participation

All students registered in the Barnstable Public Schools are required to participate in MCAS testing as well as other district and federal required testing. This includes students identified with special educational needs. For students with individual educational plans (IEPs), the Team will determine how the child will take the MCAS (including any necessary accommodations), or in very few cases, whether an alternate assessment is necessary. All decisions will be recorded in the student’s IEP in the proper format. Standard and non-standard accommodations may be used as they relate to the instruction the child receives in the general education classroom on a regular basis.

DESE annually provides a timeline for the input of MCAS accommodations so they are included in the ordering of materials. Typically this occurs 2-3 months before the administration of the MCAS. The special education contact person shall notify the school administration of the accommodations needed for students on their caseload. The administrator shall ensure that the accommodations are provided. All scores shall be reported to parents/guardians in the same manner as for other students.

For students attending out-of-district placements (e.g., collaboratives, private, or other placements at public expense), the student shall take the MCAS at the placement under the requirements identified in the IEP. The out-of-district placement shall indicate that the child’s district is the Barnstable Public Schools in an effort to ensure that the scores are reported to the Barnstable Public Schools.

Best Practice: MCAS ALTERNATIVE Determination  

When considering the possibility of providing an MCAS Alternative assessment (MCAS ALT), IEP teams must use the Decision Making Tool for MCAS Accommodation by Students with Disabilities. The Decision Making Tool must be used every year to make decisions regarding appropriate student participation in MCAS, and decisions must be made separately for each subject assessed. When it is determined by the IEP Team that the student requires an MCAS ALT the student’s parents/ guardians must be provided with a letter explaining the implications of the recommendation that the MCAS ALT be administered instead of the standard MCAS test.

If there is a difference of opinion between parents/guardians and other members of the team, and the student’s parents/guardians indicate that they will reject the recommendation that the student participate in MCAS ALT, the IEP will be written to indicate that the student will take the regular MCAS test, with any necessary testing accommodations for which the student is eligible. In these cases, the school district will document the decision making process in an N1 or other Prior Written Notice document. 

MCAS-Alt Decision Making Tool Translations

The KDC Early Intervention case managers work in collaboration with the ECELC Principal and Special Education Coordinator to initiate the transition on behalf of children currently receiving Early Intervention services and nearing their 3rd birthday. The transition process includes a transition planning conference (TPC), BPS initial evaluation to determine eligibility, and when eligible the development of an IEP. All of which occur within a timeline that allows for the implementation of the necessary special education programming, placement, services, and support upon the child's 3rd birthday.

Detailed description of this transition

ECELC Brochure

Technical Assistance Advisory SPED 2019-1 Transition from Early Intervention Programs to Early Childhood Special Education

When a student turns 14 years of age, they must be invited to attend all IEP meetings. Prior to the meeting, students complete a Transition Planning Form. The contents of this document should inform the development of the IEP. Parents/guardians may be surprised to learn that their child is required to be invited to all IEP meetings. It is at the parent/guardian’s discretion whether their child participated. The Barnstable School District encourages student involvement and encourages students to attend each IEP meeting for at least some minutes to provide input into the development of their IEP. 

The purpose of a transition assessment is to help students learn about themselves and their interests so that they can be actively involved in planning for their future. A transition assessment will help the team identify the student's goals for the future in all domains. The assessments will allow the Team to write meaningful goals and objectives and determine which outside agency(ies) is/are appropriate to support the student in the future. 

Transition Assessments:

• An individualized, age-appropriate transition assessment is integral to the development of the IEP for students aged 14-22 and is required by the Individuals with Disabilities Education Act (IDEA).
• A transition assessment discerns the student's postsecondary goals in the areas of education/training, employment, and - where appropriate - independent living; gains an understanding of the student's needs, strengths, preferences, and interests; and measures the student's current performance and progress towards the development of skills.
• A transition assessment creates a clear linkage between the student's postsecondary goals and transition assessments, and the student's annual IEP goals and transition services. The IEP should contain annual goals and transition services that flow from the student's vision, needs, strengths, preferences, interests, and assessment result

Technical Assistance Advisory SPED 2014-4

Transition Assessment in the Secondary Transition Planning Process

Massachusetts Postsecondary Transition Planning:

Transition Assessments Example Sheet

Adult Transition Domains

• Education/Training
• Competitive Employment
• Independent Living
• Community Participation
   

Post-Secondary Education/Training

Includes the academic skills necessary to participate in everyday life, with goals for maximum independence in daily living. Focus of the activities includes math, reading, language arts, post secondary planning.

Competitive Employment/Career Exploration

The purpose of the Vocational domain is to increase the likelihood of students functioning as contributing adults within our society and increase their opportunities to obtain employment. Instructions in the areas of work-related skills, job-seeking skills, and job skills training are included in this domain.

Independent Living

Includes skills necessary to allow the student more independence in home/personal management. Focuses on personal health care, responsibility, home management, family/social life, and interpersonal relationships, as well as how these skills apply to the community.

Community Participation

Includes skills necessary for the student to participate in campus, neighborhood, and community environments with successful interdependence. Addresses mobility skills, access to community services, purchasing skills, as well as how these skills apply to the community.

Technical Assistance Advisory SPED 2014-4 Transition Assessment in the Secondary Transition Planning Process 

Access to Vocational Opportunities

Administrative Advisory SPED 2002-3 Vocational Educational Services for Students with Disabilities

According to Massachusetts Law, each school must ensure that students with disabilities have available to them “a variety of educational programs and services available to non-disabled students, including art, music, industrial arts, consumer and homemaking education and vocational education.” When considering the vocational needs of a student with special educational needs, a Team must be aware that:

• Vocational education is not exclusively the responsibility of vocational schools.
• IEPs for students with disabilities must address vocational education needs and services based solely on the needs of the student.
• IEP Teams do not have the authority to make placements in vocational schools.
• Public schools must address needs related to vocational preparation or experience.
• Vocational schools must provide appropriate education and special education services.

Transition from School to Adult Life

Administrative Advisory SPED 2018-2: Secondary Transition Services and Graduation with a High School Diploma

Success in adult life is a goal we have for all students. Depending on the disability and the support services required in adult life, successful transition from high school to adult life may require that planning activities begin in elementary school with students exploring their interests in middle school. Starting the process early prepares students with disabilities to think about what they want to be able to do in adult life. In high school, transition planning includes exploring post-secondary opportunities and employment options, living arrangements, social supports, and community access. It may include connecting with the adult service agencies that may provide students with services when they graduate school or turn 22 years of age.

DESE Secondary Transition Resources 

Statement of Needed Transition Services 

Recognizing the need for students with disabilities to engage in effective transition planning, the Individuals with Disabilities Education Act (IDEA) requires that transition planning be part of the Individualized Education Program (IEP). Beginning no later than the first IEP developed when the eligible student is 14, the Team considers the student's need for transition services and documents this discussion. If appropriate, the IEP includes a statement of needed transition services. The school district understands that it must maintain documentation of a full discussion of the student's transition needs, whether or not such discussion identifies needed transition services for the IEP. Such documentation must be reviewed and updated annually thereafter. Students must be invited to all educational meetings and allowed to participate actively when transition planning is discussed.

Linkages to Post School Options

Beginning no later than the first IEP developed when the eligible student is 14, the IEPs of students should include a post school vision statement and identify the transition services necessary to support the vision. IDEA 2004 defines transition services as a coordinated set of activities for a student with a disability that:

1. Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student with a disability to facilitate the student's movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
2. Is based on individual strengths, preferences, and interest; and
3. Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and when appropriate, acquisition of daily living skills and functional vocational evaluation. (P.L. 108-446, Sec 603 (34)

Interagency Collaboration 

The adult service system is complex and understanding it is essential for effective transition planning. When students with disabilities graduate from school or turn 22 years of age, they move from an entitlement to a non-entitlement system. While in school, students receive services and supports mandated by federal and state law. As adults, while they may be eligible for services from adult service agencies, these services are not an entitlement, which means they are subject to the availability and funding of services. Consequently, it is essential that educators, parents/guardians/legal caregivers, and students understand the adult service system years before adult services need to be accessed. It is a sound practice to invite adult service agencies to speak to groups of students and individuals who live and work with students with disabilities in order to understand and begin the eligibility processes specific to each appropriate agency as well as the services that are available to adults with disabilities.

For students with disabilities, who may require services and supports as adults, a Chapter 688 referral should be made for a smooth transition to adult services. Once agencies are identified, representatives should be invited to Team meetings in an effort to plan and develop Adult Service Plans.

Federal special education regulations require that at least one year prior to the student reaching age 18 the student and the parent/guardian must be informed about the rights that will transfer from the parent/guardian/legal caregiver to the student upon the student's 18th birthday. The notification provided to both the parent/guardian and the student must explicitly state that all rights accorded to parents/ guardians under special education law will transfer to the 18 year old student and that the parent/guardian will continue to receive all the required notices from the school district and will have the right to inspect the student's records, but will not longer make special education decisions for the adult student. See also state special education regulations at 603 CMR 28.07(5). When the student turns 17 years of age, the school district should mail the annual copy of the PNPS to the parent/guardian and to the student accompanied by a cover letter that states that the student will assume all of the rights described in the PNPS once he or she turns 18 years of age. School districts may also use the IEP Team meeting conducted for the student who will be turning 17 as the appropriate time to provide such notice, as well as to answer questions that the parent/guardian or student may have. If the district chooses to use the IEP meeting for such notice, however, it must have alternate procedures in place to ensure that both the parent/guardian and the student receive the notice in the event that either is absent from the IEP meeting.

Administrative Advisory SPED 2011-1 Age of Majority

The purpose of filing a 688 referral is to plan for adult services because a student’s entitlement to special education services will end when they graduate from school or turn 22 years old. By filing a 688 referral form, an agency is made aware that a student may require adult services and supports. 688 referrals must be made by the school district and cannot be made directly by the family. The District files the 688 referral online via the Virtual Gateway. The referral is made by the district when a student is 17 years of age (or two years prior to the anticipated graduation date). The Chapter 688 Guidelines for Referral document can help guide teams in identifying which agency is appropriate to make the referral to. If a team is unsure of which agency to file the 688 referral to, they can send it directly to the Bureau of Transitional Planning who will then identify the correct agency and forward the application.

When a student qualifies for services and/or support through Chapter 688, an Individual Transition Plan (ITP) is then written by the agency.  In order to foster collaboration and a smooth transition to adult services the district invites the agency to attend the student’s IEP Team meetings. The Team will then discuss the student’s disability related needs that will require support once the student exits school. By including the agency in the Team meeting, input can be provided from all team members and service providers. 

DESE GUIDANCE or RESOURCES  

Bureau of Transitional Planning

The child's program and placement shall ensure that, to the maximum extent appropriate, the child is educated with children who are nondisabled. This shall be determined in individual Team meetings. Districts are obligated to provide educational placement in the least restrictive environment (LRE) in which the student is able to make effective progress.

Making a Placement decision occurs after the IEP has been developed. The Team must ensure that the Placement proposed is consistent with the IEP and represents the LRE. The Placement must be chosen based on the individual needs of the student and based upon consideration of a full continuum of placement options.

IDEA 2004 presumes the first Placement option considered for all special education students is the general education environment with supplemental support, accommodations, and/or other adaptations. Students may not be denied access to general education environments solely because they may require modifications.

Other more restrictive placements should be considered only when the nature and severity of the disability would prevent effective progress in the general education classroom. Effective progress should be measured based on the individual profile of the student. Please refer to the PL 1 form for a description of the continuum by Placement types.

In most cases, Placement will be determined immediately after the development of the IEP. In some cases, Placement decisions may be complex and require additional time for consideration. Teams must reconvene within 10 school days and the district must propose a Placement within the 45 school day timeline of eligibility.

The Barnstable Public Schools provides a continuum of service delivery models and placement options that represent full inclusion to substantially separate programs.

Initial or continued eligibility should be determined and all components of the IEP should be written before the determination of placement is made. Typically, the “placement” is the level of service provided within the child’s school. If questions arise regarding placements or if the parent/guardian introduces issues that the Chairperson did not anticipate and is unprepared to respond to, the Team Chairperson may end the meeting and reconvene at a later time, allowing additional time to gather information relative to placement options. In such cases, the team chair must document any concerns raised about the current placement, and the reasons for the need for additional information. In any case, where a second meeting needs to occur; this must occur within the 45-day timeline.

When eligible students aged five and older receive special education services for some or all of the school day outside of the general education environment, the school district shall make every effort to maintain the student's access to the general curriculum and participation in the life of the school. The school district shall devote resources to develop the school district's capacity for serving such eligible students in less restrictive alternatives.

(a) Programs serving young children shall meet instructional grouping requirements of 603 CMR 28.06(7).

(b) The size and composition of instructional groupings for eligible students receiving services outside the general education classroom shall be compatible with the methods and goals stated in each student's IEP.

(c) Instructional grouping size requirements are maximum sizes and school districts are expected to exercise judgment in determining appropriate group size and supports for smaller instructional groups serving students with complex special needs. When eligible students are assigned to instructional groupings outside of the general education classroom for 60% or less of the students' school schedule, group size shall not exceed eight students with a certified special educator,12 students if the certified special educator is assisted by one aide, and 16 students if the certified special educator is assisted by two aides.

(d) Eligible students served in settings that are substantially separate, serving solely students with disabilities for more than 60% of the students' school schedule, shall have instructional groupings that do not exceed eight students to one certified special educator or 12 students to a certified special educator and an aide.

(e) After the school year has begun, if instructional groups have reached maximum size as delineated in 603 CMR 28.06(6)(c) and (d), the Administrator of Special Education and the certified special educator(s) providing services in an instructional group may decide to increase the size of an instructional grouping by no more than two additional students if the additional students have compatible instructional needs and then can receive services in their neighborhood school. In such cases, the Administrator must provide written notification to the Department and the parent/guardians of all group members of the decision to increase the instructional group size and the reasons for such a decision. Such increased instructional group sizes shall be in effect only for the year in which they are initiated. The district shall take all steps necessary to reduce the instructional groups to the sizes outlined in 603 CMR 28.06(6)(c) and (d) for subsequent years.

(f) The ages of the youngest and oldest student in any instructional grouping shall not differ by more than 48 months. A written request for approval of a wider age range may be made to the Department, which may approve such request.

(g) Instructional group sizes in all programs approved under 603 CMR 28.09 shall be limited to those outlined in 603 CMR 28.06(6)(d), and no such instructional groups shall have an age range greater than 48 months.

(7) Programs for young children. The school district shall ensure programs are available for eligible children three and four years of age. Such programs shall be developmentally appropriate and specially designed for children ages three and four years.

(a) The requirements of 603 CMR 28.00 shall apply to the extent that they can be adapted to reflect the fact that such children may not be receiving services in the public school.

(b) School districts are encouraged to accept referrals from the Department of Public Health, other agencies, and individuals for young children when or before the child turns two-and-one-half years old in order to ensure continuity of services and to ensure the development and implementation of an IEP for eligible children by the date of the child's third birthday in accordance with federal requirements.

(c) The school district may elect, consistent with federal requirements as outlined at 34 CFR §300.323(b), to use the format and services of the Individualized Family Service Plan (IFSP), if appropriate, for an additional year as a means of transitioning eligible children to public school services.

(d) The Team may allow a child to remain in a program designed for three and four year old children for the duration of the school year in which the child turns five years old (including the summer following the date of the child's fifth birthday).

(e) Type of Setting - Inclusionary. Inclusionary programs for young children shall be located in a setting that includes children with and without disabilities and shall meet the following standards:

1. Services in such programs may be provided in the home, the public school, Head Start, or a licensed childcare setting. 
2. For public school programs that integrate children with and without disabilities, the class size shall not exceed 20 with one teacher and one aide and no more than five students with disabilities. If the number of students with disabilities is six or seven then the class size may not exceed 15 students with one teacher and one aide. 
    

(f) Type of Setting - Substantially Separate. Substantially separate programs for young children shall be those programs for three and four year olds that are located in a public school classroom or facility that serves primarily or solely children with disabilities. Substantially separate programs shall adhere to the following standards:

1. Substantially separate programs shall be programs in which more than 50% of the children have disabilities.
2. Substantially separate programs operated by public schools shall limit class sizes to nine students with one teacher and one aide.

The Barnstable Schools provide a continuum of services and placement based on the individual determination of the needs of a student with a disability. All special education programming is individualized. The following classroom settings provide an opportunity for more intensive, specialized programming for students with high needs due to complex disabilities.

Enoch Cobb Early Learning Center

The district's special education preschool program for children ages 3-5 who reside in Barnstable. Referrals to the ECELC for students with a suspected disability are made via the Child Find process by private/community preschools, parents/guardians/legal caregivers, pediatricians and outside service providers. The student placement, programming, and services are determined based on the initial evaluation process, finding of an educational disability and the development of a corresponding IEP. The program also offers a number of peer model opportunities for students who do not demonstrate an educational disability and possess strong skills across developmental domains

Intensive Learning Classrooms, grades K-7

The ILC model provides intensive support for students with low-incidence, developmental disabilities and high needs, whose special needs may not be able to be met in their home school (elementary level). Students’ level of need requires extensive specialized instruction outside of the general education setting.  In most cases, students require specialized instruction outside of the general education setting for at least 60% of the school day, and are therefore designated as requiring a substantially separate setting.

• Curriculum and assessment are individually modified according to student need.
• Structures are created to provide students with the scaffolding necessary to ensure success. 
• Academic tasks are broken down into small, sequential units of instruction.
• Instruction is multisensory: students are provided with learning opportunities that involve visual, auditory, and kinesthetic modalities.
• Repetition and review are essential components of every instructional unit.
• Explicit modeling of academic, social, and behavioral expectations are conspicuously integrated into all classroom activities.
• Daily living skills such as hygiene and self care are included in the classroom framework.

Crossroads Program, grades K-12

The Crossroads Program provides research based behavioral health services to eligible children identified with emotional impairment. The program focuses on increasing prosocial behavioral repertoires, pro-academic behavioral repertoires, individualized coping skills, self-esteem, and life satisfaction. The Crossroads Program maintains that each student should be educated in the least restrictive environment with the goal of participating in the general education classroom. With respect to this end, the Crossroads Program is designed to serve as a flexible special education placement for eligible students. Student progress is assessed on an ongoing basis with successful transition to the general education setting as the goal for every Crossroads student.

Partner Program, Grades PK-12

The Partner Program classroom is a flexible educational model that supports students with autism and high needs. The Barnstable Schools partner with the New England Center for Children (NECC) to provide intensive services in the areas of social, behavior, communication, and academic learning support. NECC teachers and behavior analyst supervisors work in collaboration with Barnstable Instructional Assistants to provide individualized curriculum, intervention, and applied behavior analysis. Instructional focus includes the Autism Encyclopedia Curriculum and modification of the general education curriculum. NECC personnel coordinate student programming, including family engagement and support, and provide comprehensive training to district Instructional Assistant staff.

Intensive Resource Room, Grades 4-7

The Intensive Resource Room (IRR) model provides students with developmental, learning, and other disabilities additional support and structure in order to access the curriculum. The IRR provides individualized, modified curriculum through small-group instruction in ELA and Math, and supported inclusion in general education social studies and science. The approach to instruction is consistent with best practices for meeting the needs of students with language-based learning needs and / or challenges with executive functioning,  and includes the following principles:

• Curriculum and assessment are individually modified according to student need.
• Structures are created to provide students with the scaffolding necessary to ensure success.
• Academic tasks are broken down into small, sequential units of instruction.
• Instruction is multisensory: students are provided with learning opportunities that involve visual, auditory, and kinesthetic modalities.
• Repetition and review are essential components of every instructional unit.
• Explicit modeling of academic, social, and behavioral expectations are conspicuously integrated into all classroom activities.

Foundations Program, Barnstable High School

Foundations is a substantially separate program of study for students with moderate to intensive special needs offering a range of academic courses addressing Common Core standards, preparing students for participation in MCAS or MCAS-ALT and developing practical literacy and numeracy skills. In addition to academic classes, students participate in courses to develop essential skills for daily living and post secondary living/employment. Topics of study include (but are not limited to) social skills, disability awareness, self determination, health/wellness, problem solving, communication skills, and activities of daily living. Enrichment classes and community/vocational opportunities enable students to explore their creative interests and prepare for post secondary experiences. 

Program courses are taught by licensed Special Education Teachers with support from Teacher Assistants and Personal Care Assistants. Occupational Therapy, Speech/Language Therapy, Physical Therapy and Vision/Mobility Training are available for students requiring those services. Students are fully integrated into the life of Barnstable High School and have access to activities and extracurricular opportunities with their BHS classmates.

Community Transitions Program, Barnstable High School, Grade 12 to Age 22

The Community Based Transitions program is designed for students with disabilities between the ages of 18 and 22 who require continued support and services in preparation for post-secondary work and living.  Students engage in functional academics, life skills classes, community experiences, in-school work experiences, and supported work and competitive employment opportunities. The program emphasizes transition planning and preparing students for post-secondary options and the responsibilities of adulthood.

Upon receipt of a physician’s written order verifying that any student enrolled in a public school or placed by the public school in a private setting must remain at home or in a hospital on a day or overnight basis, or any combination of both, for medical reasons and for a period of not less than fourteen school days in any school year, the principal shall arrange for provisions of educational services in the home or hospital. Such services shall be provided with sufficient frequency to allow the student to continue his or her education program, as long as such services do not interfere with the medical needs of the student.

https://www.doe.mass.edu/prs/sa-nr/affirmation.docx
Question and Answer Guide on the Implementation of Educational Services in the Home or Hospital

Home Hospital Forms

Short-term Home Hospital Form

This form is for students with a medical diagnosis that results in the student being confined to the home, hospital, or otherwise unable to attend school for medical reasons for at least 14 days, or on a recurring basis that will accumulate to at least 14 days over the course of the current school year,

Short-term Form

Long-term Home Hospital Form

This form is for If, in the opinion of the student's physician, an eligible student is likely to remain at home, in a hospital, or in a pediatric nursing home for medical reasons for more than 60 school days in any school year.

Long-term Form

The Barnstable Schools employ an Out-of-District (OOD) Coordinator who is the primary contact person for students who are placed by the district in public or private day or residential settings. The OOD Coordinator is responsible for chairing OOD team meetings, developing IEPs, and monitoring progress in collaboration with public and private schools that provide special education services to Barnstable Public School students in other settings. Placement in an out-of-district program is determined by a student’s IEP team when it is determined that the school district is otherwise unable to meet the student’s needs.

In accordance with state and federal law, each school district shall obtain informed parent/guardian/legal caregiver consent as follows:

The school district shall obtain written parent/guardian/legal caregiver consent before conducting an initial evaluation or making an initial placement of a student in a special education program under 603 CMR 28.00. Written parent/guardian consent shall be obtained before conducting a reevaluation and before placing a student in a special education placement subsequent to the initial placement in special education.

The steps are:

1. The school district shall obtain consent before initiating extended evaluation services as described in 603 CMR 28.05(2)(b).
2. A parent/guardian may revoke consent at any time. Except for initial evaluation and initial placement, and as prescribed by 603 CMR 28.00, consent may not be required as a condition of any benefit to the student.
3. Parents/guardians have the right to observe any program(s) proposed for their child if the child is identified as eligible for special education services.
4. A parent/guardian may discontinue special education and related services provided to his or her child by notifying the school district in writing that the parent/guardian revokes consent to the continued provision of all special education and related services to the child. The school district shall respond promptly by sending notice to the parent/guardian of the district's intention to discontinue all special education and related services to the student 10 school days from the date of the district's notice based on the parent/guardian’s revocation of consent. The school district may not challenge the parent/guardian's decision through the dispute resolution processes provided under 603 CMR 28.08. Nothing in this regulation shall prevent a school district and a parent/guardian from meeting to discuss discontinuation of all special education and related services provided the parent/guardian's participation is voluntary. 

603 CMR 28.00 28:07: parent/guardian Involvement

Parents/guardians have the right to accept, reject in part, or reject in full an IEP.

No later than 30 days after receipt of the proposed IEP and proposed placement, the parents/guardian shall:

1. Accept or reject the IEP in whole or in part; request a meeting to discuss the rejected portions of the IEP or the overall adequacy of the IEP; or if mutually agreed upon, accept an amended proposal; and
2. accept or reject the proposed placement.

(b) Upon parent/guardian response to the proposed IEP and proposed placement, the district shall implement all accepted elements of the IEP without delay. 

CMR 28.05(7)

When a parent/guardian accepts, rejects, or partially rejects an IEP or placement, the team chair is informed by the special education administrative office, and the IEP is provided to the school for inclusion in the student’s file. If the IEP is partially rejected, those portions of the IEP that are not rejected must be immediately implemented. If there is an existing, accepted IEP, the team chair and other special education personnel should compare that IEP with the accepted portions of the new, partially rejected IEP and ascertain which accommodations, goals, and services to implement and report progress on. If the IEP is wholly or partially rejected, and the parent/guardian has indicated on the IEP signature page that “I request a meeting to discuss the rejected IEP or rejected portion(s),” a meeting will be scheduled for the purpose of collaborating with the parent/guardian to better understand their concerns with the proposed IEP and try to find consensus whenever possible. 

Note that such a meeting is a request and not a requirement. There may be rare occasions, for example when there is litigation, or when the team has determined based on previous meetings that consensus is not possible, when the district may not agree to a meeting to discuss a rejected IEP.  These cases are and should be very rare, and such decisions should only be made after consulting with district special education administrators.

Best Practice: Problem-Resolution When Consensus Cannot Be Achieved

Before determining that consensus cannot be achieved, team chairs should bring the parent/guardian’s concerns to the attention of the appropriate district Co-Director of Special Education. It is important that the Co-Director be aware of parent/guardian’s concerns when they rise to a level to which it appears as if the school district or the parent/guardian may need to utilize a formal problem-resolution process. 

Formal Problem-Resolution

Parents/guardians and the school district have access to a variety of problem-resolution processes, all of which are explained in the Parent’s Notice of  Procedural Safeguards, and include the following:

DESE Problem Resolution System (PRS)

When parents/guardians feel they have exhausted local remedies and need help from outside of the school district, they can contact the DESE Problem Resolution System Office (PRS) at 781-338-3700 to use the state Problem Resolution System described at http://www.doe.mass.edu/pqa/prs/.  Parents/guardians can submit a written complaint to PRS. The PRS office will then contact the school district, provide a copy of the complaint, and may ask for specific documentation from the district as part of the district’s response to the complaint. After considering the information provided by both the parent/guardian and the school district, the PRS office will issue a decision. If the school district is found to be in non-compliance with a special education statute, the PRS office may require a corrective action specific to the complaint. While PRS corrective actions are specific to the individual parent/guardian’s complaint, the district may consider addressing the subject matter of the noncompliance with specific team, building, or district staff (without disclosing the identity of the complainant) in order to improve compliance more generally. Any staff directly involved with an area of specific noncompliance, or who work with a student impacted by a corrective action will be notified and provided with any necessary training to correct the issue of noncompliance. 

Mediation

Mediation is a service provided by a neutral individual who is trained in special education law and in methods of negotiation. Mediation can be scheduled whenever the parents/guardians and schools have a disagreement about special education matters, even if a complaint was made through the PRS Problem Resolution System. The mediator helps the parent/guardian and school district talk about their disagreement and reach a settlement that both sides can accept. Discussions during mediations are confidential and nothing that is said by either party can be used later if the dispute becomes the subject of a formal hearing or court proceeding. Once an agreement is reached, it will be put in writing, both sides will sign it, and it may be enforced by a court. Mediation can be set up by contacting the BSEA at 781-397-4750. The mediator will schedule a meeting with the parent/guardian and the school district within 30 days of the request for mediation. Meetings will be held at a convenient time and place. Participation is voluntary, therefore both the school district and the parent/guardians must agree to participate in mediation. There is no fee for the service. (See parent/guardian’s Notice of Procedural Safeguards)

Facilitated IEP Meeting

The Bureau of Special Education Appeals has facilitators available at no cost to the parties to help with difficult IEP Team meetings. Either the school district or the parent/guardian can request a facilitator for the IEP Team meeting.  Both parties must agree to accept the facilitator's services.

Facilitators for IEP Team meetings are commonly requested when the relationship between the district and the parents/guardians is strained or adversarial, when there is a history of disruptiveness at meetings or when an IEP Team meeting is expected to be contentious due the complexity of the issues being discussed or due to some controversy. A trained, impartial facilitator, who is not part of the team, is present to assist team members to: develop and follow an agenda; stay focused on the goal of developing an acceptable IEP; problem solve; resolve conflicts that arise during the meeting; maintain open communication; clarify issues; and timely complete the meeting.

For more information about or to request a facilitator for an IEP Team Meeting, please call the Bureau of Special Education Appeals at 781-397-4750.  You can also call the Coordinator of Mediation at 781-397-4791. Facilitators for IEP Team Meetings

Bureau of Special Education Appeals Hearing

When parents/guardians  and the school district have been unable to achieve consensus, either party may request that a neutral and impartial hearing officer listen to both sides of the dispute, hear testimony, examine evidence, and make a decision. This hearing is convened by the BSEA and is called a due process hearing. The BSEA hearing officer is trained in special education law and must not have any personal or professional connection to you or anyone else who is involved in the disagreement. The due process hearing considers disputes about eligibility; evaluation; IEPs; educational placement decisions, including those resulting from discipline; FAPE; provision of special education; or procedural protections of state and federal law for students with disabilities. (See Parent’s Notice of Procedural Safeguards)

In addition to yearly IEP Team meetings at which progress, including updated current performance levels, is discussed, IEP Progress Reports are provided to parent/guardians at least as often as report cards are provided to all students and report directly on the progress of the identified IEP goals.

Any individual assessment may be waived with the approval of the parents/guardians /legal caregivers if an equivalent assessment has been recently completed and if the person conducting the school assessment determines that the assessment results are still accurate.

(a) All efforts shall be made to avoid duplicative or unnecessary testing.

(b) In accordance with federal requirements, if recommended by the school district, parents/guardians may agree to waive some or all assessments when the three-year reevaluation is required.

In Massachusetts, regardless of the severity of their disability, students are considered adults and competent to make their own decisions at age 18 (Age of Majority), unless there is a court appointed guardian or the student has chosen to share or delegate decision making with his or her parent/guardian, the school district must seek the consent of the student to continue the special education program. Students at age 18 have the right to make their own educational and medical decisions and must sign all consent forms. Parents/guardians/legal caregivers and students must be notified about the transfer of parent/guardian rights to the student at least 1 year before the student turns 18 years of age. Please document the status of each student on the IEP as well as on the district Age of Majority form, collecting the required signatures. For students who have been assigned a legal guardian, please add a copy of the court document to the student’s file.

Age of Majority: Transfer of Parent rights to student at age 18

If a parent/guardian provides transportation to an eligible student requiring special transportation consistent with the requirements of 603 CMR 28.05(5)(b), the school district shall reimburse such parent/guardian the prevailing rate per mile for state employees. Reimbursement shall be for no more than the round-trip distance between the home and the school for school attendance and school-sponsored extracurricular activities. Mileage shall be determined based on a direct route between the student's home and school. No parent/guardian shall be obligated to provide such transportation.

In accordance with special education regulations, when parent/guardians' whereabouts are unknown or if the child is in the custody of a state agency and parents/guardians/legal caregivers do not have educational decision-making rights, an Educational Surrogate is assigned. Once assignment is received, the Educational Surrogate should be invited to all Team meetings for the student.

Communication with parents/guardians must be in simple and commonly understood words and are in both English and the primary language of the home (if such primary language is other than English). Any interpreter used in fulfilling these requirements must be fluent in the primary language of the home and be familiar with the special education procedures, programs, and services. If the parents/guardians or the student are unable to read in any language or are blind or deaf, communications required by the regulations are made orally in English with the use of a foreign language interpreter, in Braille, in sign language, via TTY or in writing, whichever is appropriate, and all such communications are documented. If the district provides notices orally or in some other mode of communication that is not written language, the district keeps written documentation (1) that it has provided such notice in an alternate manner, (2) of the content of the notice, and (3) of the steps taken to ensure that the parent/guardian understands the content of the notice.

Parents/guardians are kept informed by the normal grading process, IEP progress reports, and direct contact with the teaching staff/contact person, or specialist servicing the child. parent/guardian concerns are noted on the IEP and the parent/guardians participate in the formation of the Vision Statement. Every effort must be made to involve parents/guardians/legal caregivers in the process and to encourage their participation. The goal is to ensure that they understand what is happening in the education of their child. Parents/guardians should be encouraged to attend Special Education Parent Advisory Council meetings, etc., to gain more insight and be actively involved.

The Barnstable Public Schools has a districtwide parent/guardian advisory council that offers membership to all parents/guardians of eligible students and other interested parties. “The parent/guardian/legal caregiver advisory council duties shall include but not be limited to: advising the district on matters that pertain to the education and safety of students with disabilities; meeting regularly with school officials to participate in the planning, development, and evaluation of the school district's special education programs. The parent/guardian/legal caregiver advisory council shall establish by-laws regarding officers and operational procedures, and, in the course of its duties, the parent advisory council shall receive assistance from the district without charge, upon reasonable notice, and subject to the availability of staff and resources.” 

• SEPAC (Special Education Parent Advisory Council)
• Guidance For Special Education Parent Advisory Councils
• ADVISORY: Administrative Advisory SPED 2015-2R Special Education Parent Advisory Councils, Acceptable Alternatives, and Use of Social Media

When parents/guardians feel they have exhausted local remedies and need help from outside of the school district, they can contact the DESE Problem Resolution System Office (PRS) at 781-338-3700 to use the state Problem Resolution System described at http://www.doe.mass.edu/pqa/prs/.  Parents/guardians can submit a written complaint to PRS. The PRS office will then contact the school district, provide a copy of the complaint, and may ask for specific documentation from the district as part of the district’s response to the complaint. After considering the information provided by both the parent/guardian and the school district, the PRS office will issue a decision. If the school district is found to be in non-compliance with a special education statute, the PRS office may require a corrective action specific to the complaint. While PRS corrective actions are specific to the individual parent/guardian’s complaint, the district may consider addressing the subject matter of the noncompliance with specific team, building, or district staff (without disclosing the identity of the complainant) in order to improve compliance more generally. Any staff directly involved with an area of specific noncompliance, or who work with a student impacted by a corrective action will be notified and provided with any necessary training to correct the issue of noncompliance.

Mediation is a service provided by a neutral individual who is trained in special education law and in methods of negotiation. Mediation can be scheduled whenever the parents/guardians and schools have a disagreement about special education matters, even if a complaint was made through the PRS Problem Resolution System. The mediator helps the parent/guardian and school district talk about their disagreement and reach a settlement that both sides can accept. Discussions during mediations are confidential and nothing that is said by either party can be used later if the dispute becomes the subject of a formal hearing or court proceeding. Once an agreement is reached, it will be put in writing, both sides will sign it, and it may be enforced by a court. Mediation can be set up by contacting the BSEA at 781-397-4750. The mediator will schedule a meeting with the parent/guardian and the school district within 30 days of the request for mediation. Meetings will be held at a convenient time and place. Participation is voluntary, therefore both the school district and the parent/guardians must agree to participate in mediation. There is no fee for the service. 

Parent/guardian’s Notice of Procedural Safeguards

The Bureau of Special Education Appeals has facilitators available at no cost to the parties to help with difficult IEP Team meetings. Either the school district or the parent/guardian can request a facilitator for the IEP Team meeting. Both parties must agree to accept the facilitator's services.

Facilitators for IEP Team meetings are commonly requested when the relationship between the district and the parents/guardians is strained or adversarial, when there is a history of disruptiveness at meetings or when an IEP Team meeting is expected to be contentious due the complexity of the issues being discussed or due to some controversy.

A trained, impartial facilitator, who is not part of the team, is present to assist team members to:

• develop and follow an agenda;
• stay focused on the goal of developing an acceptable IEP;
• problem-solve;
• resolve conflicts that arise during the meeting;
• maintain open communication;
• clarify issues, and timely complete the meeting.

For more information about or to request a facilitator for an IEP Team Meeting, please call the Bureau of Special Education Appeals at 781-397-4750. You can also call the Coordinator of Mediation at 781-397-4791. 

Facilitators for IEP Team Meetings

When parents/guardians and the school district have been unable to achieve consensus, either party may request that a neutral and impartial hearing officer listen to both sides of the dispute, hear testimony, examine evidence, and make a decision. This hearing is convened by the BSEA and is called a due process hearing. The BSEA hearing officer is trained in special education law and must not have any personal or professional connection to you or anyone else who is involved in the disagreement. The due process hearing considers disputes about eligibility; evaluation; IEPs; educational placement decisions, including those resulting from discipline; FAPE; provision of special education; or procedural protections of state and federal law for students with disabilities. 

Parent’s Notice of Procedural Safeguards

The Federation for Children with Special Needs Provides information, support, and assistance to parent/guardian of children with disabilities, their professional partners, and their com

Federation for Children with Special Needs

The Barnstable SEPAC represents parents/guardians/legal caregivers of students with disabilities to ensure that parents/guardians/legal caregivers have a voice in the education and safety of students with disabilities, and SEPAC officers meet regularly with school officials to participate in the planning, development, and evaluation of the district’s special education programs.

• SEPAC District page  
• SEPAC Website
• SEPAC Facebook
• SEPAC GUIDANCE 
• Guidance for Special Education parent/guardian Advisory CouncilsDESE provides guidance to SEPACs to support parent/guardian involvement in special education 

Resources for parent/guardians can be found on the DESE website at the following link: https://www.doe.mass.edu/sped/parents.html

Written collaboratively by the Federation for Children with Special Needs and the Department of Elementary and Secondary Education, "A parent/guardian's Guide to Special Education" was developed to serve as a resource for parent/guardians/guardians/legal caregivers/guardians/legal caregivers and the organizations that serve them.

A Parent’s Guide to Special Education 
Interactive Parent’s Guide to Special Education

Written collaboratively by the Federation for Children with Special Needs and the Department of Elementary and Secondary Education, "A parent/guardian's Guide to Selecting A Special Education Advocate in Massachusetts" was developed to assist parent/guardians in choosing an advocate in the Special Education process when needed.

A Parent’s Guide to Selecting a Special Education Advocate in Massachusetts.pdf

This Notice provides parents/guardians with important information about their right to be involved in planning their student’s special education. Procedural safeguards are the specific rules that make sure parents/guardians/legal caregivers know what the school district is proposing to do (“receive notice”), agree with the school district’s plan (“give parent/guardian/legal caregiver consent”) and have a range of opportunities for resolving disagreements with the school district (“due process”).

Parent's Notice of Procedural Safeguards

The ARC of Cape Cod - 508-790-3667
Located in South Yarmouth, The ARC of Cape Cod is a local volunteer educational and advocacy organization dedicated to helping individuals with specific developmental disabilities.

The Arc of Plymouth and Upper Cape Cod - 508-209-3393
Located in East Falmouth, The Arc of Plymouth and Upper Cape Cod empowers and supports people with disabilities and their families to belong, contribute and thrive.

Cape Organization for the Rights of the Disabled (CORD) - 508-775-8300
CORD is a non-profit organization that advances independent living and the rights of people with disabilities on Cape Cod and the Islands. 

Kennedy Donovan Center (KDC) - 508-418-5540
KDC partners with families of children ages in your family’s journey while your child is 0-3 years old to provide early intervention services. KDC also provides a variety of services for adults with disabilities. 

Massachusetts Organizations and Resources
Resources for Parents/Guardians

Arc Massachusetts
Arc Massachusetts is a statewide volunteer educational and advocacy organization dedicated to helping individuals with specific developmental disabilities.

Family TIES
Family TIES of Massachusetts is a statewide information and parent/guardian/legal caregiver-to-parent/guardian/legal caregiver support project for families of children with special needs and chronic illness.

Massachusetts Association of Special Education Parent/Guardian/Legal Caregiver Advisory Councils (MASSPAC)
The mission of MassPac is to work towards the understanding of, respect for, support, and appropriate education for all children with special needs in our respective communities.

Massachusetts Families Organizing for Change (MFOFC)
The mission of MFOFC is to provide sustained advocacy and leadership training in pursuit of high quality, individualized community support and service options, including family support, for people with disabilities and their families. 

Massachusetts Public, Charter, Private, Collaborative, and Approved Private Special Education Schools

The Parent/Guardian/Legal Caregiver Professional Advocacy League (PAL)
PAL is the statewide chapter of the Federation of Families for Children's Mental Health. PAL provides support, education, and advocacy around issues related to children's mental health.

I. Rationale

Public schools must consider a student’s possible need for assistive technology devices and services whenever an Individualized Education Program (IEP) is developed. In addition, the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act require schools to provide assistive technology for students with disabilities, if needed to assure equal access to the school’s programs and services. IDEA, ADA, and Section 504 regulations require that schools provide instructional materials in accessible formats to students who need them.

II. Definitions

Assistive technology device is defined as any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a student with a disability. In education, the term does not include a medical device that is surgically implanted or the replacement of such device. Assistive technology may be used in areas such as communication, vision, hearing, mobility, and/or accessing content.

Assistive technology service is defined as any service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device or system. This includes: 

• Evaluating the needs of a student with a disability, including a functional evaluation of the student in the student's customary environment;
• Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities;
• Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
• Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
• Training or technical assistance for a student with a disability or, if appropriate, that student's family; and
• Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that student. 

If the Team recommends an assistive technology evaluation, a multidisciplinary team of professionals knowledgeable about assistive technology devices should conduct the assessment with the student and family being included in the evaluation process.

• In instances when assistive technology devices and/or services are determined as required, the Team must further determine and document which settings (classroom, home or other) in which the student needs access to those devices and services in order to assure provision of FAPE.

III. Communication

Augmentative and alternative communication: The IEP Team must consider the communication needs of the student. Augmentative and alternative communication (AAC) is a form of assistive technology that can help students with disabilities, that impede their ability to communicate, meet their education goals and participate fully alongside their nondisabled peers in all aspects of their education. AAC should be considered for those students who cannot communicate effectively through oral speech, including students with autism, cerebral palsy, intellectual disabilities, congenital disabilities, selective mutism, muscle disease, sensory impairments, and traumatic brain injury. 

• Spaulding Rehabilitation Center, Sandwich, MA: offers a lending library to trial devices before purchase or to determine which device is a good match for students who will need AAC tools. Formal AAC assessments are conducted for a cost.
  
  
• Easter Seals of Massachusetts: offers a free lending library to trial devices for up to 4 weeks to assist parent/guardians/legal caregivers and schools in determining which device is a good match for students who will need AAC tools. A credit card is required as collateral until the device is returned in the same condition as provided. Easter Seals has 2 lending sites: Boston and Worcester. Online, free workshops by topic are offered throughout the year to learn about assistive technology options and how they can be used to improve independence and communication. State funded, they are affiliated with the MassMatch Assistive Technology Share Program.  

IV. Vision

Public schools must provide accessible versions of textbooks and other printed materials for students who are blind or otherwise unable to use printed materials. In addition, schools need to take steps to assure that students with disabilities receive their accessible materials at the same time as their peers receive their textbooks. Accessible materials may be in the form of technology applications embedded as extensions in online platforms such as Microsoft or Google, specialized formats such as Braille, or modified materials such as large print and color contrast. Additionally, Massachusetts partners with three providers of materials for students who are blind, visually impaired, physically disabled, and/or have a reading disability that is physically based. Recreational reading materials are also available through the Massachusetts Board of Library Commissioners. Finally, equipment to trial before a purchase or to buy gently used is available through MassMatch. It is important to plan for each academic year by registering eligible students with the appropriate provider with required supportive documentation of the disability and academic needs. 

• Accessible Instructional Materials (AIM) Library: state funded library lends specialized educational materials such as Braille and large print books to eligible blind and visually impaired students.
   
• Learning Ally: some state funded resources through grants or a district paid subscription that provides audio versions of textbooks and other books students need to read. These include human voice recordings and figure/graph/ picture descriptions. 
   
• Bookshare: downloadable digital text for textbooks and other books that uses apps or software provided by Bookshare or other text-to-speech applications so students can listen to text as it is shown on a computer or portable device screen.
   
• Perkins Braille and Talking Book Library: library loans from the Perkins Schools for the Blind in Watertown of both downloadable audiobook materials and specialized digital audiobook players for free.
   
• MassMatch Assistive Technology Regional Centers and Assistive Technology School Share Program: state and federally funded program that allows short term loans of equipment to determine good match between device and person. Users can view lending library online before making an appointment to pick up devices at their Boston, Pittsfield, or Worcester sites. MassMatch also offers an online classified ad resource to connect people with gently used devices between those needing and those donating or selling equipment.

V. Mobility Adaptive Equipment

Public schools must ensure supplementary aides and services are available to a student with a disability if required as part of their IEP to access their education. On a case-by-case basis, the use of school-purchased equipment and/or devices in a child’s home or other settings is required if the student’s IEP Team determines that the student needs access to the equipment or device in order to receive a free and appropriate public education. Examples of this may include diaper/changing tables, specialized furniture such as chairs and desks, walkers and standers, and portable holders of communication devices. Due to the expensive nature of mobility equipment, anticipation of student needs should be included in budget proposals in the year prior to need.

• Pass It On: The primary purpose of this donation sharing program is to provide disability medical equipment (DME) to children with disabilities who do not have insurance coverage for an item, cannot afford insurance co-pays for an item, or do not have funds for items not covered by insurance. Examples of available equipment are customized chairs and tables that other children have outgrown, standers or walkers of children who no longer use these items, and adaptive tools for eating and communication such as eye-gaze device holders. Detailed information may be found at http://passitonforkids.org/ or by calling their Mashpee location at 508-477-6966.

VI. Evaluations to determine need and equipment

If the Team recommends an assistive technology evaluation, a multidisciplinary team of professionals knowledgeable about assistive technology devices should conduct the assessment with the student and family being included in the evaluation process.

In instances when assistive technology devices and/or services are determined as required, the Team must further determine and document which settings (classroom, home or other) in which the student needs access to those devices and services in order to assure provision of FAPE.

ABA – Applied Behavior Analysis

ACCESS – State test for students acquiring English as another language

APE – Adaptive Physical Education

BCBA – Board Certified Behavior Analyst

BSEA – Bureau of Special Education Appeals

DESE – Department of Elementary and Secondary Education

OM – Orientation and Mobility (vision impairment term)

OT – Occupational Therapy/Therapist

PCA – Personal Care Assistant

PBIS – Positive Behavior Intervention Supports

PRS – Problem Resolution System

PT – Physical Therapy/Therapist

PWN – Prior Written Notice

SEL – Social Emotional Learning

SLP – Speech/Language Pathologist

TA – Teaching Assistant

VM – Vision Mobility Instruction