As a parent/guardian, you are your child’s best advocate and parents are often the first to notice that their child’s learning, behavior, or development may be cause for concern.  

If your child is showing signs of academic difficulties, you are encouraged to speak with your child’s general education teachers, school counselor, and/or school principal to discuss possible strategies which may help your child more effectively access the curriculum. 

As a parent/guardian, you may request that your child be evaluated.  If the school agrees that an evaluation is needed, it will evaluate your child at no cost to the parent/guardian. 

Based on a teacher’s recommendations, observations, or results from assessments given to all children in a particular grade, a teacher may express concerns regarding your child’s progress.  The teacher might then refer your child to a Student Assistance Team (SAT).  There are SAT’s in every school and their role is to respond to classroom concerns about student progress.  The SAT is made up of specialists and clinicians that are able to strategize various interventions for students that may be able to address the student’s learning challenges effectively.  After implementing the strategies developed by the SAT, the team determines an appropriate amount of time to re-evaluate how the student is doing.  The SAT may further request to evaluate your child, and your informed, written permission must be given before an Evaluation is initiated.

An Evaluation is an essential beginning step in the special education process for a child with a potential disability.  Before a child can receive special education and related services for the first time, an individual Initial Evaluation of the child must be conducted to determine if the child has a disability and is eligible for special education.

A child’s Initial Evaluation must be full and individualized, focused on that child and only that child.  The Evaluation will include a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent/guardian as well.  

The individual Evaluation may include some or all of the following areas: 

• Home Assessment
• Health Assessment
• Vision and/or Hearing Assessment
• Occupational and/or Physical Therapy Assessments
• Speech and Language Assessment
• Psychological Assessments (including cognitive testing)
• Current Functioning Reports (from classroom teachers)

When conducting an Initial Evaluation, it is critical to examine all areas of a child’s functioning to ultimately determine the following:

1.  Does the child have a disability?
2. Is the child making effective progress in school?
3. Is the child’s lack of progress a result of the disability?
4. Does the child require specially designed instruction to access the general curriculum?

For students found eligible for special education, there are 13 types of disabilities that qualify a child for special education.  To be eligible, the child must fit into at least one of the disability categories, they must not be making effective progress in school as a result of that disability, and therefore, require specialized instruction to access the curriculum.

A parent/guardian can refuse to consent to an Initial Evaluation.  It is important to consider that informed, written consent for an Initial Evaluation is not consent to receive special education services.  

First and foremost, the school will provide you with written notice letting you know whether or not your child has been found eligible to receive special education services. 

A child with a disability who does not need “specially designed instruction” (special education services) may still need supports and accommodations in the school setting. 

For eligible students, these supports and accommodations may be provided under a Federal Law called Section 504 of the Rehabilitation Act of 1973 and/or other general education programs.   

YES. 

A parent’s right to observe his or her child during the school day is supported by federal law. This applies to all students, in regular and special education alike. “The Observation law  states that school districts may not condition or restrict program observations except when  necessary to protect the safety of children in the program during the observation, the integrity of  the program during the observation, and children in the program from disclosure by an observer  of confidential or personally identifiable information he or she may obtain while observing the  program.” 

A parent/guardian’s request to observe their child(ren), current program/services, or a potential  placement must be made in writing to the Director of Special Education or designee, and the  building principal. 

When a parent/guardian requests an observation of a student with special needs or program,  specific approval from the Director of Special Education and the building principal is required  before processing.  

The Director of Special Education or designee shall contact the parent/guardian(s) for initial  conversation within five school working days of the request, with an observation date and  schedule to follow. 

The Director of Special Education or designee, and/or building principal will work with  classroom teacher(s) and the observer to set up the specifics of the observation (including, but  not limited to, scheduling and placement of the observer in the classroom(s). 

The duration and extent of all observations will be determined on an individual basis. The  complexities of the child’s needs, as well as the program or programs to be observed, should  determine what the observation will entail and what amount of time is needed. Typically,  observations are between one and three hours at any given time. Discussion between school staff  and the parent/guardian or designee is considered the best starting point for developing an  observation schedule.  

The number, frequency, and duration of observation periods will be determined on an individual student basis in accordance with law and regulatory requirements. The start and end time of  observation periods and a schedule of observation periods will be decided in advance of the 

observation. In order to minimize classroom and/or student disruption, the length of individual observation periods may be limited.  

Massachusetts Special Education Regulations, 603 CMR 28.05(4)(d), provides the following  definition: 

"An extended year program may be identified if the student has demonstrated or is likely to  demonstrate substantial regression in his or her learning skills and/or substantial difficulty in  relearning such skills if an extended program is not provided." 

The content of a child's ESY program must be determined on an individual case by case basis. Any decision regarding necessary ESY programming must take into account the child's history  of significant regression and limited recoupment capability. In other words, a child's Team must  look backward and forward when considering the need for ESY programming. 

In addition to significant regression and/or limited recoupment, other ESY criteria is applied by  a Team, as follows: 

1. the nature and severity of the child’s disability 
2. the child's rate of progress 
3. the child's specific behavior and/or social/emotional challenges  
4. the child's ability to interact with non-disabled children 
5. the specific curricular areas in which the child needs continuing attention 6. the vocational and transition needs of the child 
6. whether the service requested is "extraordinary" rather than usual in consideration of  the child's condition. 

Only when all factors are considered together by the child's Team can a determination be made  as to how much service will be offered. 

Should ESY programming be considered by a Team even if there is no previous record of  substantial regression over a summer vacation period? 

When there is no previous record of a child's substantial regression after a significant break in  service, a Team should still consider the need for an ESY program if the following circumstances  are present: 

1. there is a documented lack of progress in meeting identified goals and benchmarks over the  school year;  
2. there are significant regression/recoupment problems over short-term vacation periods or  other breaks in the school year, and /or 
3. the unique nature of any specially designed instruction or related services due to the  disability of the student.

Where are extended school year services listed on a child’s IEP? 

A written statement stating that the child needs a longer (orshorter) school day/year is embedded  into the IEP. Additionally, the IEP service delivery grid (Grid C) will indicate whether summer  services will be provided in order to prevent substantial loss of previously learned skills and/or  substantial difficulty in relearning skills.