Parents, Students, and

Schools as Partners

Rights and Responsibilities in Special
Education
Hope Hanscom, MS, CAGS
Director of Special Education
West Bridgewater Public Schools
September 29, 2014
1
Goal of presentation
The goal of this presentation is to provide information so
that:
parents will understand their rights regarding special
education; and
collaboration between family and school personnel will
be enhanced; and
parents and school personnel will participate in special
education matters as knowledgeable partners.
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Special Education Laws
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The Individuals with Disabilities Education Act --
also known as IDEA. Sometimes referred to as
IDEA-04 or IDEIA.
Chapter 766 -- Massachusetts special education
law. In Mass. General Laws at Chapter 71B. In
Regulations at 603 CMR (Code of Massachusetts
Regulations) Section 28.00.
Related Laws
4
The Massachusetts Education Reform Act, also
known as Ed. Reform
Section 504 of the Rehabilitation Act, also known as
Section 504
Chapter 688 of the Acts of 1983
The Americans with Disabilities Act, also known as
the ADA
One Source of Information
5
The Parents Rights
Brochure
Provided regularly to parents (at
least once every year)
Provides detail on the rights of
parents in the special education
process, which are based on both
state and federal special education
law.
When is a student eligible for
Special Education?
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A student is eligible if all three of the
following are true:
The student has one or more
disabilities.
The student is not making effective
progress in school as a result of the
disability(ies).
The student requires specially
designed instruction and/or related
services in order to make effective
progress.
Referring a student for an evaluation to
determine eligibility
Parents, or other adults involved with
the student can make a referral for an
evaluation.
A referral can be made at any time.
A district may not refuse a referral in
order to try other supportive services.
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Types of disabilities that may adversely
affect educational progress
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13 Different Types of disabilities are defined in
state and federal regulations
1. Autism
2. Developmental Delay
3. Intellectual Impairment
4. Sensory Impairment - Hearing
Loss or Deafness
5. Sensory Impairment - Vision Loss
or Blindness
6. Sensory Impairment Deaf/Blind
7. Neurological Impairment
8. Emotional Impairment
9. Communication Impairment
10. Physical Impairment
11. Health Impairment
12. Specific Learning Disability
13. Multiple Disabilities
Special Education
Special Education - is
specially designed
instruction to meet the
unique needs of an eligible
student, and/or
related services necessary
to access and make
progress in the general
curriculum.

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The federal and state special education laws and
the rights of parents and students in special
education are grounded upon six basic
principles:

1. Parent and Student Participation
2. Free and Appropriate Public Education
(FAPE)
3. Appropriate Evaluation
4. Individualized Education Program (IEP)
5. Least Restrictive Environment (LRE)
6. Procedural Safeguards

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SIX PRINCIPLES
Principle #1 - Parent and Student
Participation
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Parents have the right to participate in all special
education planning and decision-making activities.
Students are the focus of special education and,
as they grow older, students are expected to
participate in planning for their own future as much
as possible.
It is the obligation of the school district to make
strong efforts, in multiple ways, to ensure parental
and student participation.
Specific participation rights:
School districts must make multiple efforts to
facilitate parental attendance at Team meetings. If
parents cannot attend, schools must seek parent
input through other means.
Students at age 14, or younger if appropriate, are
entitled to participate in all Team meetings.
Students at age 18 are adults under
Massachusetts law and assume all the rights
formerly held by their parents for participation and
decision-making.
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13
Free and Appropriate Public Education.
Free = At no cost to the parent.
Appropriate = Services sufficient to enable the
student to appropriately progress in education and
advance toward achieving the IEP goals.
Public = Provided by the public school district or
under the direction of the public school district.
Education = Preschool, elementary and secondary
education, including extra-curricular and non-
academic school activities.
PRINCIPLE #2 - FAPE
Principle #2 FAPE, cont.
What is the General Curriculum?
The same curriculum as
students without disabilities
receive.
Including all Massachusetts
Curriculum Frameworks - in
particular, English Language
Arts, Math, Science &
Technology, and History and
Social Science
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Principle #3 - Appropriate
Evaluation
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Initial evaluation
3 year re-evaluation
Individualized assessments
Non-discriminatory assessments
Evaluate in all areas of suspected need
Includes a variety of tools and strategies,
including information provided by the parent

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Written information on the parents concerns
and the students skills
A written explanation of how the disability
affects the students ability to learn and to
demonstrate his or her learning
An identification of specific, measurable
goals which are expected to be reached in a
years time
A listing of the services to be provided to the
student
PRINCIPLE #4 - INDIVIDUALIZED
EDUCATION PROGRAM(IEP)
Purpose of the IEP
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The IEPs purpose is to outline:
What will be done to assist the student to make
effective progress in the general curriculum and
in the life of the school.
How the student will participate in state and local
assessment. State assessment in
Massachusetts means the MCAS or PARCC
(PARCC information night is Oct. 16 at 6:00
PM at the MSHS)
The goals the student is expected to reach by
the end of the IEP period.
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Before the school can begin IEP services, the
school must obtain the parents consent.
The parent has the right to accept or reject the
proposed IEP in part or in full.
The completed IEP is signed by both the school
district and the parent and serves as a contract
between the school and the parent.
The parents can withdraw their consent at any
time in relation to any service or program.
RIGHTS ASSOCIATED WITH
THE IEP
Principle #5 - Least Restrictive
Environment (LRE)
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LRE means that to the maximum extent appropriate,
students with disabilities have the right to be educated in
the general education environment & in the classroom
they would have attended if they did not have disabilities.
LRE means the student cannot be removed from the general
education classroom solely because of needed curriculum
modifications.
LRE means that removal from the general education
program occurs only if the nature or severity of the
disability is such that education in general education
classes with the use of supplementary aids and services
cannot be satisfactorily achieved.
Students have the right to receive special
education services even when they are
unable to attend school
Sometimes students are unable to attend public
schools for non-educational reasons. Students
may be:
In a hospital,
At home
Or in an institutional setting run by a state
agency.
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Principle #6 - Procedural Safeguards
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Right to written notice
Right to consent/refuse
Right to stay put
Problem Resolution System
Mediation and Due Process
Timelines
Confidential records
Right to receive evaluations 2 days in advance of
Team meeting, if requested
How the law can help with
disputes
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If you believe your rights or the rights of your child are not
being appropriately provided you can:
Discuss resolution with your school district.
File a complaint with the Department of Education
Problem Resolution System.
Seek resolution through the Bureau of Special
Education Appeals (BSEA).
Seek knowledgeable assistance elsewhere.
Resources
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Teachers and other staff at the local school district
Members of your Parent Advisory Council
The Massachusetts Department of Elementary and
Secondary Education
The Federation for Children with Special Needs (1-
800-331-0688) www.fcsn.org
Disability rights organizations and other disability-
related agencies and organizations
Contact info
@WBRIDGESPED
https://www.facebook.com/wbpsspe
d
Links to resources
Updates on events

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Hope Hanscom, MS, CAGS
Director of Special Education
West Bridgewater Public Schools
2 Spring Street
West Bridgewater, MA 02379
P: 508-894-1236
F: 508-894-1232
hhanscom@wbridgewater.com