Evaluation

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Q & A: IEP vs. 504 eligibility; IEE

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Question:

The district recently evaluated my child and determined they were ineligible for special education. I rejected that finding and requested an Independent Educational Evaluation (IEE). Can I also request a 504 eligibility meeting while the student is undergoing an IEE?

Answer:

Yes. You can and should request a 504 eligibility meeting. While a 504 is different than an IEP (read more here: IEP vs. 504) it could still provide some accommodations and protection from school discipline. Having a 504 plan doesn’t mean that you agree with the district about special education eligibility (read more here about special education eligibility in Massachusetts). In addition, IEEs, whether based on state or federal law, are not negated by a student also having a 504 plan.

If you are concerned about your child's special education supports and services, contact the Boston area law office of Wong & Boscarine.

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Q & A: Autism and Eligibly

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Question:

Does an autism diagnosis automatically make a child eligible for an IEP?

Answer:

No. An autism diagnosis does not automatically make a student eligible for an IEP. In order to be eligible a student must both have a disability AND require specially designed instruction (i.e. something different than the general education curriculum) in order to make effective progress (progress in the general education curriculum commensurate to the student’s potential). In Massachusetts, effective progress includes academic, social, and emotional progress. Therefore, a student could be receiving good grades and still qualify for an IEP.

If you are concerned about your child's special education supports and services, contact the Boston area law office of Wong & Boscarine.

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Understanding Special Education Test Scores Part 2: Academic Testing

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Understanding Special Education Test Scores Part 2: Academic Testing

In Part 1 of this series, we explained that under the Individuals with Disabilities Education Act (“IDEA”) an IEP must be calculated to enable the student to make "meaningful and effective progress commensurate with his or her educational potential" One way to measure a student’s potential is through cognitive or intellectual testing.

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Understanding Special Education Test Scores - Part 1: Intelligence Tests

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Understanding Special Education Test Scores - Part 1: Intelligence Tests

Under the Individuals with Disabilities Education Act (“IDEA”) an IEP must be "reasonably calculated to enable the child to receive an educational benefit.” This is sometimes called the Free Appropriate Public Education standard or “FAPE” An "educational benefit" must be more than trivial, meaning the IEP and services must be calculated to enable the student to make "meaningful and effective progress commensurate with his or her educational potential"

Standardized cognitive / intellectual assessments provide one widely-accepted way to assess a child’s potential. The following are a list of common evaluation tools with links to descriptions of the tests:

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Q & A: Child Find Requirement

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Q & A: Child Find Requirement

My son is 5 yrs old and now in Kindergarten. He was just recently diagnosed w/ selective mutism. He struggles at school socially, I addressed this concern with the head start program last year, they continued to pass it off as shyness. He went the ENTIRE year without speaking to the teacher and/or social worker. The head start program is meant for "early intervention" yet no screening took place. I am concerned for other children who may be experiencing this same problem, tax dollars and/or county money is used for this early intervention program yet they are not properly screening and/or detecting issues that are of concern. Please advise, any help is appreciated.

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