Legal Resources

 

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  IDEA

THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

The IEP requirements under IDEA emphasize the importance of working cooperatively as a team. The law expects school districts to bring together parents, students, general educators and special educators to make important educational decisions for students with disabilities. With the combined knowledge and resources of these individuals, students will be assured greater support and subsequent success.

The IDEA centers on three key points:

  • The involvement and progress of each child with a disability in the general curriculum including the addressing of the student’s unique needs that are tied to the disability.
  • The involvement of parents, students, special educators and general educators in meeting the individualized educational needs of students with disabilities.
  • The critical need to prepare students with disabilities for independence and employment and other post-school activities.

All states get federal money under the IDEA and must provide a free appropriate public education to all eligible children with disabilities. Each states educational agency is responsible for administering IDEA within the state and distributing the funds for special education programs.

Federal IDEA Regulations: 34 CFR 300.300-.577
http://www.ed.gov/offices/OSERS/Policy/IDEA/regs.html


   

Section 504

Section 504 of the Rehabilitation Act of 1973

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive federal funds from the U.S. Department of Education. Section 504 provides: “No otherwise qualified individual with a disability in the United States…shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…”

Section 504 is a civil rights statue, which prohibits discrimination on the basis of disability in programs, or activities that receive federal financial assistance from the U.S. Department of Education. Section 504 regulations requires a school district to provide a “free appropriate public education” (FAPE) to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the nature or severity of the disability.

General Info:
http://www.ldonline.org/ld_indepth/legal_legislative/edlaw504.html

In Depth Info:
http://www.504idea.org/504resources.html

Excellent Example:
http://www.dredf.org/section504.html


    IEP
 

Individual Education Program

The IEP is a contract between the school district and the parent. The IEP should reflect the decisions made at the Team meeting and should serve as a contract between the school system and parent(s). For that reason the document must clearly communicate to parents the needs of their child, the steps the school district will take to address theses needs and the progress their child is expected to make during the set IEP period. The IEP must also be written in generally understandable language and free of educational jargon.

The IEP should address the following areas:

  • Areas of educational need
  • Specially designed instruction
  • Objectives and benchmarks
  • Transportation
  • When a student’s school day or year is modified
  • Justification for nonparticipation in general education program
  • Special services

It is important to remember that the TEAM decides the above. It is up to the IEP’s team to determine how each child’s disability affects the child’s involvement, and progress within the general curriculum is a primary consideration in the development of the child’s IEP.

Mass State Guidelines and Forms:
http://www.doe.mass.edu/sped/

Having a Successful Team:
http://www.ldonline.org/ld_indepth/iep/iep_communication.pdf

Writing the IEP:
http://www.ldonline.org/ld_indepth/iep/writing_the_iep.html


    How Funding Works in Massachusetts
 

General Information about where money comes from to pay for services:

Funding for services is provided by private families, state agencies, or school districts. Private families pay for services themselves with money out of their pocket. School districts and state agencies receive funding from the state. The state receives funding from our tax dollars, programs that they make money on (i.e., tolls, parking tickets, etc.), and the federal government. The federal government receives money from our federal taxes, investments, and programs that they make money on.

For the state of Massachusetts monies are allocated each July for the states fiscal year (July – June). Money comes from the federal government as well as the state to fund a variety of program. The State of Massachusetts then compiles these funds and distributes funding to various agencies (DPH, DMR, DOE…). The agencies have budgets for different programs.


    ECN, Inc.'s Funding
 

Who does ECN, Inc. receive funding from?

  • Intensive early Intervention - Department of Public Health
  • DOE/DMR Program - Department of Mental Retardation
  • Home-Based Services (age 3+) - Various Towns and Private Families
  • Educational Consultation - Various Towns and Private Families
  • Summer Camp - Various Towns, Private Families, and State Agencies
  • School for Accelerated Learning Various Towns and Private Families
  • Pragmatic Groups - Various Towns and Private Families

    Department of Public Health (DPH):
 

DPH has many programs relating to the health and well being of families in Massachusetts. One program is called Early Intervention. Each town in Massachusetts is assigned to an Early Intervention Agency. The job of Early Intervention Agencies is to know a little information about many disorders.

At Early Intervention a child may be assigned to the following staff:

  • Service Coordinator (who orchestrates the child’s care and determines what services they are eligible for)
  • Developmental Educator (whose job is to know about child development)
  • Occupational Therapist (who works with the child’s fine motor skills and/or sensory integration)
  • Speech-Language Pathologist (who works on the child’s language)
  • Physical therapist (who works with the child’s gross motor skills)

When a child has a more severe disorder, such as autism spectrum disorders or blindness, they are referred to a Specialty Service Provider who has expertise in the child’s disorder and provides intensive services (from 5-30 hours per week). Educational Consultants of New England, Inc. is a Specialty Service Provider.

There are approximately 7 Specialty Service Providers across Massachusetts. In order to be a Specialty Service Provider the Department of Public Health must determine there is a need for such an agency and they “open” a contract that agencies can bid on. If an agency is not an approved specialty service provider they cannot provide intensive early intervention services.

Children who are under three fall under the auspices of the Department of Public Health and are entitled to the services listed above for free.

IFSP Information:
http://www.mass.gov/dph/fch/ei/ifspguidance.htm


    Department of Mental Retardation (DMR)
 

DMR provides a variety of services for students over three years old. A student must be eligible for services by having a significant disability. Some students with Asperger’s Syndrome who do not have cognitive limitations also qualify for DMR’s services because the scope of their disability is so pervasive that they qualify.

DMR can provide services such as case coordination, respite (babysitting) funding, funding for equipment, job coaching, and others. DMR’s funding is limited and services are based upon what funding is available.

DMR Information:
http://mass.gov/portal/index.jsp?pageID=eohhs2agencylanding&L=4&L0=Home&L1=
Government&L2=Departments+and+Divisions&L3=Department+of+Mental+Retardation
&sid=Eeohhs2


    Department of Education/Department of Mental Retardation Initiative (DOE/DMR Program)
 

This was a program created to keep children out of a residential facility by providing wrap around care. The child is educated at school all day and then comes home and can receive therapeutic and respite services. This program often pays for additional items such as equipment (communication devices, sensory equipment, etc.) or memberships (YMCA, or others). This program is cost shared by the child’s town and the Department of Mental Retardation. The amount of services a child receives is based upon the amount of funding they have. Space is very limited and there is a waiting list which can take years to receive services. This program is only for children who have severe cognitive limitations or extreme behavioral issues.

When a student enters the DOE/DMR program a “vendor agency” holds the child’s funding and distributes it according to a plan which is created by the family, state, and vendor agency. Only approved vendor agencies can hold funding for families. Educational Consultants of New England, Inc. is an approved vendor agency.


    Local Towns
 

Local towns receive money for education from taxes, town fees, the department of education, state and federal grants, and sometimes federal monies (if they quality for specific program such as low income initiatives).

Each year towns set up their budget which is approved by the school committee (which is comprised of various community members). Everything except grant money must pass through the school committee and must come out of budgets.

Local towns contract with Educational Consultants of New England, Inc. to provide a variety of services including Educational Consultation and Home-Based Services for students. The town/school is only responsible for students who are over three years of age. If a child is under three, it is the responsibility of the Department of Public Health.


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Educational Consultants of New England, Inc.
460 Totten Pond Road, Suite 300, Waltham, MA 02451
voice: 781-895-3200 - fax: 781-895-3226 - email: info@stopthatbehavior.com
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