What is special education?

Special education is specially designed instruction that meets the unique needs of children with disabilities in order for them to access the general education curriculum. This instruction and related services are provided in public schools at no cost to the parents and can include special instruction in the classroom, at home, in hospitals, or in other settings. Special education is defined in federal law under the Individuals with Disabilities Education Act (IDEA). This law gives eligible children with disabilities the right to receive special services and assistance in school.

How is eligibility for special education determined?

In order to be found eligible for special education and related services, a child must have one of the 13 disabilities defined under IDEA and due to the disability(ies), the child cannot access the general education curriculum without specially designed instruction. Whether you know or suspect your child has a disability, you can ask the school to conduct an initial evaluation to determine eligibility. You will need to write a letter to the special education department at your child’s school or your district special education office requesting your child be evaluated. It is helpful to include specific areas of concern and including any known diagnoses.

The school team (a general ed teacher, special ed teacher, related professionals, and a school representative) will meet with you to discuss the evaluations and eligibility. In Massachusetts, this should occur 45 school days from the date of consent. If your child is found eligible, the IEP team, which includes the parent, will write an Individualized Education Plan (IEP). If your child is not found eligible, the school must provide you with a reason in writing and information about your rights if you disagree with their decision. Advancing from grade to grade is not reason enough to deny a child special education services, according to the IDEA.

If your child is found eligible and you disagree with that decision or don’t want your child to receive special education and/or related services, you have the right to decline these services. Parents may also cancel special education and related services for your child at any time.

What is an IEP?

An IEP (Individualized Education Program) is a written, legal document that describes the educational program designed to meet a child’s individual needs and is required for every child who receives special education. The IEP should address the child’s needs, which inform the goals, and determine services. It is helpful for parents to understand the parts of the IEP and what should be included in each section. Please use this annotated example from Massachusetts as a guide.

In order for the special education and related services to start, a parent has to accept the IEP either in full or in part. If you want to accept the services (eg., Reading) as recommended but feel they should be more robust (the school offered 3x/wk for 30 min. and you believe your child needs 5x/wk for 45 min) or that a specific service you requested was denied, you could include the omission(s) of those services in your partial rejection letter while still accepting what was offered so your child has goals and services.

When can my child’s IEP be amended?

At least once a year, an IEP meeting must be held to review your child’s progress towards their IEP goals, review their programming, and develop a new IEP for the following year. It should be scheduled at a time that is convenient for the team, including the parent. However, a parent or another member of the team may request a meeting to review the IEP at any time.

How often does the school have to evaluate my child?

After your child’s initial evaluation, the school team must re-evaluate every three years (known as the triennial) according to IDEA regulations, unless a parent declines in writing. The purpose of the evaluations are to confirm that your child still requires special education and inform what changes, if any, should be made to the IEP. As with any school evaluation, the team should reconvene to review the evaluations within 45 school days (the Massachusetts timeline may differ from your state) from the date of consent.

What is an IEE?

An Independent Educational Evaluation, or IEE. Federal law defines an IEE as “an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question". In this case, the public agency is the school district. Parents have the right to request an IEE in any skill area that impacts their child's education. Families can either pay privately for an IEE or request one be provided at public expense. To request an IEE in writing, use a template and include the reason why the IEE is being requested (although not required).

The district will either approve your IEE request and provide you with a list of qualified evaluators (although you are not restricted to that list) or notify you that they disagree with your request and intend on filing for hearing with the BSEA (Bureau of Special Education Appeals) to show their evaluation was appropriate. If the latter occurs and a hearing officer sides with the district, you still have the option of privately funding the IEE. More details about the request process specific to Massachusetts can be found at 34 C.F.R. 300.502 and 603 CMR 28.04(5).

A publicly funded IEE should be completed within 30 calendar days, although this might take longer depending on the evaluator’s schedule. The IEP team must be convened within 10 school days of the district receiving a report to review the findings, whether publicly or privately funded. The district must only “consider” the evaluation. That means they aren't required to accept the findings or implement the recommendations. Be sure to specifically ask in the meeting if the district accepts the report and that their answer is noted in the N1 or Prior Written Notice, which you should receive shortly after the meeting. Learn more about requesting the IEE in our blog.

What is FAPE and who provides it?

The Individuals with Disabilities Education Act (IDEA) is the federal law that provides your child with the right to a Free and Appropriate Public Education (FAPE). IDEA is designed "to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living..." 20 U.S.C. 1400(d). In order to receive a FAPE, your child should be receiving "meaningful educational benefit", which can be determined by IEP team discussions, testing, assessments, and progress monitoring. Your local public school is responsible for providing your child with a free appropriate education (FAPE).