As your child starts school you will have many questions. This section on Education was compiled to help you navigate the special education process along with different resources to help you understand what educational laws protect your child.
What is special education?
It can be many different types of services. Some children need to be educated in a special classroom. Some need additional help in a regular classroom. Others need related services, like speech and language therapy, occupational therapy, ABA and social skills groups to meet their needs.
As a parent, you are the best advocate for your child. Legally, you are entitled to and must be informed of all services available to your child. The greater your involvement and voice, the better the outcome. You can learn more about some laws that protect you here.
What is a TEAM evaluation?
To begin special education services, you should request a TEAM evaluation, sometimes called a “CORE.” A TEAM evaluation is a group of assessments that will help the public school system determine whether your child is eligible for special education services (programs and services adapted for the education of children with disabilities or unique needs). The test results will define your child’s strengths and areas of need. Your child’s eligibility for special education, as well as subsequent program planning, is based upon the results of the TEAM evaluation. The rest of this section is designed to help you understand the TEAM process, your legal rights, and the important deadlines.
How do I begin the special education process in my public school?
It is extremely important that you understand everything that occurs throughout the process. The following advice may help you.
- Ask questions. When you do not understand something at a meeting, ask someone to further explain.
- Prepare for meetings and phone calls concerning your child.
- Be familiar with the information that will be discussed and list all concerns that you expect to be addressed.
- Obtain as much information as you can about the process and your rights.
- Contact the Federation for Children with Special Needs at 800-331-0688 or visit its website at www.fcsn.org
- Consider using an advocate. Professional representatives can help you make your voice heard. An educational advocate can be assigned by the Department of Elementary and Secondary Education to act on behalf of a child when the child’s parents are unavailable or have no educational decision-making rights. Private independent advocates are available for all, although families that are 400 percent above the federal poverty level can be charged a fee for services. The Bureau of Special Education Appeals (BSEA) provides a list of free and low-cost advocacy services and attorneys upon request (call 781-338-6400 or visit www.doe.mass.edu/bsea/ )
- Take advantage of parent groups. Other parents are important resources because they are experiencing or have experienced the same or very similar situations to you. The three major parent resources are:
- Notify your child’s primary care provider. Your child’s provider can better serve your child if he/she is aware that your child is receiving a TEAM evaluation. It is important that the doctor know about the proceedings and what services your child receives as a result.
- Remember to review the education laws before your IEP meeting.
- A TEAM evaluation and the services your child may receive are all free.
- All guardians/parents of children in public school (regardless of immigration status) are able to request a TEAM evaluation.
504 versus an IEP
504 Plans and IEPs both require students to be evaluated to be able to receive necessary accommodations. However, 504 Plans and IEPs have many differences.
- 504 plans are not as detailed and the requirements for evaluation are not as specific. Both can technically provide specialized instruction, but because no federal funding accompanies a 504, in practice, schools use a 504 only for accommodations, modifications, (not for specialized instruction, related services, etc.). Section 504 has fewer procedural safeguards to protect the parent and child.
- An IEP is a legal document that promotes more effective progress through a specialized instruction with modification of actual program or curriculum materials.
Both federal and Massachusetts special education laws require that a Team consider appropriate education in the least restrictive environment. If services can be appropriately provided in a less restrictive setting, the Team must choose that type of program and setting. If the student's program requires a more restrictive setting to be successful, then the Team may consider other settings. The Team should look class by class, activity by activity, and only remove your child from the general education classrooms if, and only if, supplemental aids and services would not make it possible for the student to remain in that classroom and make effective progress.
Types of classrooms
- Substantially separate classrooms (self-contained) serve students who require a highly modified curriculum in separate classrooms rather than in general education programs.
- Inclusion classrooms serve students with special needs that are able to access the standard preschool curriculum with minor accommodations.
All special education evaluations must be conducted by appropriately credentialed and trained specialists and must include the following:
- Specialist Assessment(s): An assessment in all areas related to a suspected disability.
- Educational Assessment: An assessment that includes information about the student's educational history and overall progress, including current educational standing in key curriculum areas. This assessment should also include information on the student's attention skills, participation behaviors, communication skills, memory, and social relations with groups, peers, and adults. This assessment should also include a narrative description of the student's educational and developmental potential.
The following assessments may be included with parental consent if the school or the parent asks for them:
- Health Assessment: An assessment to identify any medical problems that may affect the student's learning.
- Psychological Assessment: An assessment to consider the student's learning abilities and style in relationship to his or her social/emotional development and skills.
- Home Assessment: An assessment of family history that may affect the student's learning or behavior of the student at home.
Transition to School Timeline
Parent Training and Info Centers
What Educational Laws Protect My Child?
Parent Training and Information Centers
Each state is home to at least one parent center supported by the federal government that serves families of children and young adults from birth to age 22 with any kind of disability. Parent Centers are experts on educational laws and help families obtain appropriate education and services for their children with disabilities; work to improve education results for all children; train and inform parents and professionals on a variety of topics; resolve problems between families and schools or other agencies; and connect children with disabilities to community resources that address their needs.
There are two Massachusetts Parent Training and Information Centers: the Federation for Children with Special Needs (617-236-7210) which serves families statewide, and Urban Pride (617-206-4570, ext. 301) which helps families living in Boston. In addition, Massachusetts has an Autism Special Education Legal Support Center at Massachusetts Advocates for Children that specializes in helping families of children with autism. You can reach their parent helpline at (617) 357-8431 ext. 224.
In New Hampshire, contact your Parent Information Center at 603-224-7005 or 800-947-7005, or visit the website at www.picnh.org.
For families living in Rhode Island, you can reach the Rhode Island Parent Info Network (RIPIN) at 401-270-0101 or 800-464-3399, or go to www.ripin.org.
To locate the Parent Center in any other state, call 1-888-248-0822 or go to the Parent Center Network Website.
MA Education Laws
If you live in another state, contact your Parent Information Center to learn about the educational laws that affect your child.
An Act to Address the Special Education Needs of Children with Autism Spectrum Disorders
In July 2006, Chapter 57 of the Acts of 2006 entitled “An Act to Address the Special Education Needs of Children with Autism Spectrum Disorders” took effect in Massachusetts. The Department of Elementary and Secondary Education issued a “Technical Assistance Advisory” to help school districts understand it. This Advisory is also very helpful for parents who want to learn how the law can help their children with ASDs. An excerpt from the Advisory follows. For the full text of the Advisory and to read the complete law, go to: Massachusetts Department of Education: The Special Education Needs of Children with ASDs.
“This law requires that IEP teams consider and address in the IEP discussion the following seven specific needs of students with ASDs:
- Verbal and nonverbal communication needs: Impairment in communication is one of the defining characteristics of ASD. Therefore instruction and development of communication skills should be addressed as an essential element of the student's IEP.
- The need to develop social interaction skills and proficiencies: Social skills vary in severity and pervasiveness as well as how they present at different ages and developmental stages. In the most severe expression of qualitative social impairment, students with ASD may consistently appear socially disconnected or avoidant, even with immediate family members. In less severe cases, they may find it difficult to initiate interactions, frequently misunderstand social situations or be unable to maintain a conversation on a subject other than one on a preferred topic. A younger child with ASD may lack variation in spontaneous or social imitative play, lack pretend or imaginary play skills or play with toys in an atypical or repetitive way, e.g. lining up toy cars or spinning the wheels, rather than racing them or engaging in pretend scenarios.
- The needs resulting from the student's atypical responses to sensory experiences: The IEP Team should consider whether a student with ASD exhibits under- or over-sensitivity to particular stimuli, such as tactile, visual, auditory, smell, taste or texture. One and often several of these sensitivities are common in students with ASDs and can cause major discomfort, inattention and negative behaviors.
- The needs resulting from resistance to environmental change or alterations in daily routines: Students with ASDs often have unusual or intense responses to an unexpected change in the environment, such as turning the heat or air conditioning up, painting the walls a different color, even moving the location of a desk or chair. A change in daily routine, such as a fire drill or substitute teacher may also be difficult understand or adapt to. Preparing for changes and transitions with visual schedules and supports, multiple verbal reminders and timers often helps to minimize the discomfort and promote greater success, flexibility and independence.
- The needs resulting from engagement in repetitive activities and stereotyped movements: Students with ASDs may exhibit ritualistic behaviors, movements or language. The educational team should consider their function and the extent to which these activities interfere with engagement in more productive activities such as interacting with peers, playing or learning academic skills.
- The need for positive behavioral interventions, strategies and supports to address any behavioral difficulties resulting from ASDs: Because of the complex developmental, learning and adaptive needs of students on the autism spectrum, they often exhibit behaviors that are challenging in their intensity and frequency, and they may interfere with social and academic activities. The IEP Team should consider and discuss the need for a functional behavioral assessment (FBA) in order to identify the causes and functions of inappropriate behaviors and design an intervention or management plan based on FBA results and analysis.
- Other needs resulting from the student's disability that impact progress in the general curriculum, including social and emotional development: A student with ASD often exhibits deficits in executive function, i.e. the ability to plan, organize, make appropriate choices and generalize learned skills to other environments/activities and engage in productive and functional routines. The student may have a tendency to perseverate – to over-focus on small or unimportant features – which may distract him or her from perceiving and understanding the whole activity, procedure or event. The IEP Team should consider the need for structure, academic and social support or different services in the classroom and other environments.”
An Act Relative to Bullying in Schools
In May 2010, Chapter 97 of the Acts of 2010 entitled “An Act Relative to Bullying in Schools” took effect in Massachusetts and has specific requirements for students with autism and for students with other disabilities that affect social skills development. The Department of Elementary and Secondary Education prepared a Technical Assistance Advisory to guide districts on how to implement the law (which is also very useful for families) and can be read here: Massachusetts Department of Education: An Act Relative to Bullying in Schools.
According to the Advisory, Section 8 of the law states: “For students identified with a disability on the autism spectrum, the IEP Team must consider and specifically address the skills and proficiencies needed to avoid and respond to bullying, harassment, or teasing.” (G.L. c. 71B, §3, as amended by Chapter 92 of the Acts of 2010.)”
In addition, the Advisory states: “The skills and proficiencies that a school district may incorporate into its general curriculum, or that an IEP Team may identify in the student's IEP, may include but are not limited to the following core categories:
- Self-Awareness: accurately assessing one's feelings, interests, values, and strengths/abilities, and maintaining a well-grounded sense of self-confidence.
- Self-Management: regulating one's emotions to handle stress, control impulses, and persevere in overcoming obstacles; setting personal and academic goals and then monitoring one's progress toward achieving them; and expressing emotions constructively.
- Social Awareness: taking the perspective of and empathizing with others; recognizing and appreciating individual and group similarities and differences; identifying and following societal standards of conduct; and recognizing and using family, school, and community resources.
- Relationship Skills: establishing and maintaining healthy and rewarding relationships based on cooperation; resisting inappropriate social pressure; preventing, managing, and resolving interpersonal conflict; and seeking help when needed.
- Responsible Decision-making: making decisions based on consideration of ethical standards, safety concerns, appropriate standards of conduct, respect for others, and likely consequences of various actions; applying decision-making skills to academic and social situations; and contributing to the well-being of one's school and community.”
For laws related to future educational planning for students with ASDs over the age of thirteen, visit our transitioning to adulthood page.
Individualized Education Program Options
Has your child’s IEP Team considered all the options? IEPs for children with autism spectrum disorders might include:
- Home programs
- Summer programs
- After-school programs
- Floor time
- Sensory integration
- Assistive technology
- Socialization supports
- Behavioral supports
- Augmentative communication: e.g., PECS
- Speech & language therapy
- Occupational therapy
- Physical therapy
- Vocational supports
- Life skills training
- Classroom aides
- Transition services
Federal Education and Disability Laws
There are four federal laws that protect the rights of students with disabilities:
- The Individuals With Disabilities Education Act of 2004
- The No Child Left Behind Act of 2001
- Section 504 of the Rehabilitation Act of 1973
The Americans with Disabilities Amendments Act of 2008
The Individuals with Disabilities Education Act (IDEA) of 2004
All states get federal money under IDEA and must provide a free, appropriate public education to all eligible children with disabilities. A child can be identified as eligible for special education only after an evaluation has been conducted. Your local school district is responsible for evaluating your child and you will need to ask them to schedule an evaluation. However, you can also submit any evaluations your child has already had for their consideration.
IDEA provides for special education and related services to children in all types of settings – child care, preschool, kindergarten, elementary, middle and high schools. Special education is a means by which children can get the supports and services they need in order to learn and make effective progress. Special education is not a "place" but rather a way for your child to get an appropriate education.
For more information about IDEA, click here.
No Child Left Behind Act (NCLB) of 2001
NCLB requires states and school districts to intensify their efforts to improve the academic achievement of public school students considered at risk for school failure. Moreover, the law holds the districts accountable for their schools’ performance. The challenging new provisions of NCLB create expanded opportunities for improved academic achievement and documentation of that improved performance. NCLB outlines the requirements for parental involvement, highly qualified teachers, scientifically-based reading instruction, tutoring and supplemental educational services, research-based teaching methods, and individual school and district report cards.
For more information on NCLB, click here.
Section 504 of the Rehabilitation Act of 1973 (known as Section 504)
Section 504 and the ADA are federal civil rights laws that prohibit discrimination against those with disabilities. Their goal is to promote equal access to and participation in programs and services for all people with disabilities.
Section 504 applies to all programs and activities that receive federal money, including school districts, Head Start programs, and some private schools. Children with disabilities who are not eligible for special education programs and related services under IDEA might be eligible for services under Section 504. The Section 504 regulations require a school district to ensure that children with disabilities have equal access to educational opportunities, including physical access. If your school district provides after-school programs for students, those programs must also be available for students with disabilities.
To read more about Section 504, go to the Free Appropriate Public Education Website.
The Americans with Disabilities Amendments Act (ADA) of 2008
The ADA gives civil rights protections to individuals with disabilities that are consistent with those provided to people on the basis of race, sex, national origin, and religion. For children with disabilities, ADA guarantees equal opportunity in public accommodations, and state and local government services, including public schools. Most private schools and childcare centers also abide by the ADA.
The goal of the ADA is to remove the barriers that prevent those with disabilities an equal opportunity to share in and contribute to American life. The law is about participation and access to the same kinds of opportunities available to those without disabilities. For example, under the ADA, most public or private agencies cannot refuse to allow your child to participate solely because of a disability.
To read more about this law, go to www.ada.gov/
The above information is derived from the U.S. Department of Education, Office of Educational Research and Improvement, and is used with permission.
Contact the Federation for Children with Special Needs for more information about the educational rights of your child and your rights as a parent.
Department of Education Websites