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It’s been a busy summer! There’s been so much news, guidance and emails about what this fall will look like for our students. It’s been difficult to sift through everything and find the key take-away. Here’s what parents, guardians and advocates for students with disabilities in Massachusetts need to know:
Over the past few weeks, school districts across Massachusetts have been rolling out remote learning plans. Prior to this roll-out, the Department of Elementary and Secondary Education (DESE) had informed school districts that parental consent is NOT required for students to access the instruction. Instead, DESE encouraged districts to inform parents of privacy-related concerns related to online platforms (and to ensure they are COPPA and PPRA compliant). Despite this, some districts are requiring parents to sign consent and waiver forms before allowing access to virtual instruction.
Are you confused about special education rights during this extended school closures? You are in good company! The state and federal government have published guidance only to retract or replace it a few weeks later. Districts’ interpretation of their responsibilities varies widely. Most students have been home for several weeks, and we are all wondering, what’s next?
On April 2, 2018, Russell Johnston, PhD, the Senior Associate Commissions and State Director of Special Education issued a Technical Assistance Advisory called "Addressing the Communication Needs of Students with Disabilities Through Augmentative and Alternative Communication (AAC)" Dr. Johnston begins the advisory by expressing his concern that Massachusetts students with limited oral communication skills have insufficient access to AAC. The purpose of the advisory is to encourage more consistency in AAC services throughout the state and to remind schools districts of best practices and legal responsibilities.
You can read the entire advisory here.
Today, the Massachusetts Department of Elementary and Secondary Education ("DESE") issued an administrative advisory on graduation requirements for students with IEPs. You can read the entire document here.
The advisory specifically addresses whether and when a student may refuse a diploma in order to continue to receive transition and other special education services.
DESE concludes that a student cannot "refuse" a diploma, outright. At the same time, a student (or parent) can reject the graduation date on the IEP (based on FAPE) and invoke stay-put (thereby continuing to receive the services). The result of this procedure is similar to the outright refusal of the diploma, but the process allows for a more individualized approach and builds in dispute resolution mechanisms such as mediation or a due process hearing.
If you have a question about transition services, graduation requirements, and FAPE, contact the Boston area law office of Wong & Boscarine LLC.
On July 14, 2016 the State Director of Special Education issued an advisory to help school districts provide students on IEPs with high quality transition services. You can read the entire advisory here. The advisory encourages districts to make transition services "purposeful and sequential" with the goal of being individualized and results oriented.
