Woburn Public Schools

Student Services Office

55 Locust Street, Woburn, MA 01801

Tel: 781.937.8233 Fax: 781. 939.5859

Student Services

Procedures Manual

Maureen E. Ryan, Ed.D.

Assistant Superintendent of Student Services

Welcome

Welcome to the Woburn Public Schools.  Our goal as a Student Support Services department is to foster open and transparent communication, and to promote collaborative relationships with our many families.  We strive to make student-centered decisions in the least restrictive manner to allow for the maximum growth of our students in accordance with the team vision.  We welcome open discourse, creativity, and respectful dialogue as part of the team process; we especially value input from families as we continuously work to improve our programs.   We strive to provide every student with a high quality education within the parameters of the Massachusetts and Federal laws.  Via a collaborative team process, our goal is to maximize academic performance, independent skills, and especially a safe and positive learning environment that nurtures social and emotional growth.

-Maureen E. Ryan, Ed.D.

Our Student Support Services Administrative Office Team

Dr. Maureen E. Ryan, Assistant Superintendent of Student Services

Dr. Nora Murphy, Assistant Director of Student Services

Chris Murphy, Coordinator of Programs

Renee Brissette Out of District Coordinator

Deanne Cefalo, Out of District Team Chair

Jason Levene, Coordinator for Mental Health and Counseling

Angela Lawler Brennan, Director of Guidance

Sarah Lee, Director of Nursing

Lisa Murphy, Early Childhood Program Coordinator

Melanie Johnson- McShane, Early Childhood Program Team Chair

Gregory Woodland, Elementary Student Support Services Coordinator

Margaret Colman, Hurld Wyman/Assessment Center Team Chair

Michaela McKenna, Shamrock Team Chair

Julie Dunn, Altavesta Team Chair

Gonzalo Silva, Goodyear Team Chair

Emily Hegarty, Reeves Elementary Team Chair

Ryan Rowlinson, Malcolm White/ Linscott Elementary Team Chair

Derek Mousseau, Secondary Student Support Services Coordinator

Sharyn Beaver, Joyce Middle School Team Chair

Jhum Sarcar, Kennedy Middle School Team Chair

                           Nicole Grazado, Secondary Student Support Services Coordinator

                                 David Earley, Woburn Memorial High School Team Chair

                                     Christine Ungaro, Woburn Memorial High School Team Chair

Jane O'Connor, Student Support Services Financial Analyst

Katie Wholey, Student Services Compliance Manager

TBH, Student Support Services Administrative Assistant

Laurie Johnson, Student Support Services Administrative Assistant

Faith Sousa, Student Support Services Administrative Assistant

Table of Contents 

1. Introduction & Purpose …………………………………………………………………..        6
2. Roles and Responsibilities ………………………………………………………….…..         6

1. Mandated Reporting ……………………………………………………………….      7

3. Multi-Tiered Systems of Support (MTSS) ……………………………………………..         7

4. Referral Process …………………………………………………………………………..         8

1. District Referral ……………………………………………………………………..        9
2. Parent Referral ……………………………………………………………………...        9
3. Private School Referral …………………………………………………………….        9
4. Timelines ……………………………………………………………………………         9

5. Evaluation …………………………………………………………………………………..        9

1. Evaluation process ………………………………………………………………...         9
2. Initial Evaluations …………………………………………………………………..         10
3. Reevaluations ……………………………………………………………………...         10
4. Outside Evaluations- Evaluations completed at Parent’s Expense …………..         11
5. Independent Educational Evaluations …………………………………………...         11
6. Extended Evaluations ……………………………………………………………..         12
7. Evaluation Consent…………………………………………………………………        13
8. Parent Request for Program Observation……………………………………….        13

6. IEP Team …………………………………………………………………………………...         13

1. Required Team Membership ……………………………………………………..          14
2. Team Member Excusal ……………………………………………………………         14
3. Alternatives to Physical Meetings ………………………………………………..         14

7. Eligibility …………………………………………………………………………………....         15

1. Disability Categories ………………………………………………………..….....         16
2. Effective Progress ………………………………………………………………….         16
3. Specially Designed Instruction ……………………………………………………         17
4. Tutoring ………………………………………………………………………………   17
5. Related Services …………………………………………………………………..         17
6. Transportation ……………………………………………………………………...         18
7. Extended School Year Services ………………………………………………….         18
8. Paraprofessional Services ………………………………………………………..         19
9. Assistive Technology ……………………………………………………………...         19

8. IEP Development ………………………………………………………………………....         20

1. Annual IEP Meetings ………………………………………………………….…..         20
2. IEP Components…………………………………………………………………..      20
3. Progress Reports …………………………………………………………………      35
4. IEP Amendments …………………………………………………………………..         35

9. Transition Services ……..………………………………………………………………..        36
10. Age of Majority …………………………………………………………………………....         36
11. 688 Referral ………………………………………………………………………………..        38
12. Placement ………………………………………………………………………………….         39

1. Least Restrictive Environment and FAPE ……………………………………....     40
2. Referral Process for District-Wide Programs …………………………….....         41
3. Privately Placed at Parent's Expense …………………………………………...         42
4. Voluntary Termination from School Prior to Graduation/Age 22 ……………...         42
5. Graduation …………………………………………………………………………..        43

13. Continuum of Student Support Services Services …………………………………..         43

1. Early Childhood Program ………………………………………………………….    44
2. Elementary and Middle Schools ………………………………………………….    44
3. Woburn Memorial High School ………………………………………………......    45

14. Discipline of Students with Disability ………………………………………...……….    46

1. Use of Restraint and Time-Out ………………………………………………….      47
2. Incident Reporting ………………………………………………………………..      47
3. Manifestation Determination Reviews …………………………………………..     48        

15. Parents’ Rights and Due Process ……………………………………………………..     49        

1. Mediation …………………………………………………………………………..      49        
2. Due Process Hearings …………………………………………………………...      50

16. FERPA and Student Records …………………………………………………………..      50        
17. Translation ………………………………………………………………………………...      53        
18. Recording in School Facilities …………………………………………………………     53

1. Introduction & Purpose

The Woburn Student Support Services Department provides a continuum of services across the district for eligible students ages three through twenty-two.  Students qualify for an Individual Education Program (IEP) through the eligibility process defined under the Individuals with Disabilities Education Act (IDEA). The Woburn Public Schools strives to work collaboratively with families to develop Individual Education Programs through the team process, uniquely tailoring specialized instruction and related services to meet the individual needs of each student. Our mission is to provide all students access to the general education curriculum in the least restrictive setting with typical peers to the maximum extent possible.  

The purpose of this manual is to better inform the Woburn community about the internal processes and procedures for students with disabilities in-conjunction with the State, Federal, and District requirements.  It is our expectation that this handbook will serve as a convenient reference for all school personnel. It is of the utmost importance that policies and procedures contained in this handbook are utilized consistently by staff members so that district programming runs smoothly and so that parents and students are not confused by conflicting messages or practices.

2. Roles and Responsibilities

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The Woburn Student Support Services Administrative Offices are staffed by our Student Support Services Director, Coordinators, Team Chairs, and general office staff. See the Student Support Services office flow chart to give you an overview of the department.

The Student Support Services Director oversees all aspects of the department, including staffing, assignments, budget development, overall programming, and management of the department.  The director is the highest point of contact within the Student Support Services hierarchy and reports directly to the Superintendent of Schools.

The Coordinators are responsible for overseeing the Student Support Services programs and assignments, including making recommendations for student placements across the district as well as supporting team meetings, litigious cases, and completing evaluations of select staff.  Coordinators report directly to the Assistant Director of Student Services.

The Team Chairs are responsible for managing and maintaining IEP development and evaluations schedules for all students in their assigned schools.  Team Chairs are responsible for chairing initial and re-evaluation meetings, as well as maintaining evaluations timelines.  Team chairs are the first point of contact within the Student Support Services hierarchy and report directly to the coordinators and director.

Student Support Services Liaisons are the building-based staff who are responsible for providing direct service and support to students.  Liaisons chair annual IEP meetings as well as progress meetings, and are also responsible for completing assessments, providing direct service and consultation, and writing and tracking progress of the IEP.

The Compliance Manager oversees all aspects of the Student Support Services IEP process, including processing, tracking, sending, and receipt of IEP’s, amendments, consents/ rejections as well as maintaining current student information in eSped/Powerschool.

The Financial Analyst handles all Student Support Services budget and financial operations of the department, including federal grant monies, tuition payments, vendors/contractors, and other expenses.  All orders and purchase requests are processed through the financial analyst, with prior approval from the director.

The Administrative Assistants support the Student Support Services Office with all clerical needs, including filing, managing messages, overseeing mail and inventories, as well as coordinating all transportation needs and other administrative tasks.

3. Multi-Tiered Systems of Support (MTSS)

Formally referred to as Response to Intervention (RTI)

The Woburn school department utilizes school-based Instructional Support Teams in accordance with the District Curriculum Accommodations Plan  (DCAP) which guides teachers and administrators in the identification and support of struggling students in order to maximize student success. Teachers who have concerns regarding a student’s progress should refer the student to the Instructional Support Team (IST) within each school building.  The IST process is managed by the building principal or his/her designee. The purpose of this process is to provide building-based (Tier 2) interventions to assist student success when extra help is needed with the ultimate intent of supporting the student within the general education setting and without requiring special education support/services. The principal or his/her designee will notify the student’s parent(s) that they have been referred.  

The IST, which meets regularly, will make suggestions of interventions and accommodations for a teacher to implement in the classroom. After approximately 6 weeks of trying the recommended interventions with fidelity (and with a minimum of six weeks as the recommended time frame), the referring teacher will report the student’s progress back to the IST with data on the student’s progress or lack there-of.  If necessary, a referral will then be made by the IST for a special education evaluation.

If the IST believes a Referral is appropriate, the IST forwards the Referral paperwork to the building-based Student Support Services Chairperson to ensure the office receives it within 3-5 days of the IST meeting. This paperwork should include the IST team notes, any other pre-referral information, and suspected disability. Once this referral is received, the Student Support Services Office will forward a copy of the Notice of Parent’s Procedural Safeguards and the Evaluation Consent Form directly to the parents for their review and signature.   

Should a referral for a special education evaluation be made during this process (typically by a parent) the District must proceed with the evaluation process without delay while simultaneously completing the IST process. Teachers should continue to try alternative instructional methods and/or other suggestions of the IST during the weeks of the evaluation and continue to collect data on the benefit of each intervention to assist the overall evaluation and to provide richer data for the Student Support Services team to consider at the eligibility determination meeting along with the information presented from formal evaluations.

4. Referral Processes

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When a student is referred for an Initial Evaluation to determine special education eligibility, the person making the referral is directed to the appropriate Team Chair at each building. The Team Chair is responsible for coordinating the Student Support Services team process for initial evaluations and reevaluations and can assist the family in understanding the eligibility process. An evaluation is a comprehensive assessment in all area(s) of suspected disability.  

A student may be referred for a special education evaluation by a parent, legal guardian, or any professional concerned with the student's development. Once a formal referral for evaluation has been communicated, either in writing, email, or orally by a parent or guardian, the school district must promptly send written notice and seek permission to conduct an initial evaluation for special education eligibility. The district has an obligation to notify the parent in writing within five school working days of the referral in the form of a Notice of Proposal and attached evaluation consent form.

4A: District Referral

As described in section 5 of this document and in the district DCAP, once the Instructional Support Team (IST) has determined that all efforts have been made to meet the needs of the student, the IST may refer the student for evaluation in order to determine special education eligibility. Documentation of this referral must be included in the student record.

4B: Referral by a Parent/Guardian

If a parent or caregiver verbally requests an evaluation, the school principal (or designee) should be notified immediately who then in turn will notify the Student Support Services Team Chair. The Student Support Services Team Chair should contact the parent to gather information regarding the concern(s) and suspected area of disability. The district staff should inform parents about the instructional support process (i.e.: DCAP/IST) available in their child’s school and provide parents with an opportunity for this support process to take place as a first step.  The district may not refuse to conduct an initial evaluation if there is a suspected area of disability.

4C: Referrals for students in Private School at own expense

For students that are enrolled in private school and for whom an evaluation is requested, the home school for which the child would attend in Woburn will be responsible for the evaluation. The exception to this policy would be for children ages 3 to 5 years old who will be evaluated through the Early Childhood Program. (A student residing outside of Massachusetts that attends private school in Woburn, may in some circumstances be eligible for an evaluation.  In this instance the Director or Student Support Services shall be notified.)

4D: Timelines

Testing cannot begin until the district receives formal signed consent in writing. Verbal nor email consent does constitute formal consent- this must be done using the appropriate document and sent out through the Student Support Services office. Once received, the district has thirty (30) school days, from receipt of parent consent, to conduct all required assessments, and an additional fifteen school days to convene a TEAM and determine whether or not the student is eligible for special education and to send the parent the formal IEP. The total timeline is forty-five school working days from receipt of the signed consent.  If consent is received between 30 and 45 school working days before the end of the school year, the school district ensures that a Team meeting is scheduled so as to allow for the provision of a proposed IEP or written notice of the finding that the student is not eligible no later than 14 days after the end of the school year.

5. Evaluations

5A: Evaluation Process

The special education evaluation process works similarly, whether the evaluation in question is an initial evaluation or a re-evaluation. An initial evaluation is completed the first time that a student is referred for special education and/or if a student that previously had been dismissed from special education is suspected of requiring special education support. A re-evaluation usually occurs every 3 years, but under certain circumstances may be completed sooner.  

All evaluations require written consent by the parent/guardian prior to being started. As described above in Section 4, the district has a timeline of thirty (30) school days, from receipt of parent consent for evaluation, to conduct all required assessments, and an additional fifteen (15) school days to convene a TEAM, discuss the results of the evaluations completed, and send the parent the formally proposed IEP. The total timeline for this process is forty-five (45) school working days. 

Parents have the right to receive a copy of each evaluation report at least two days prior to the meeting date. Upon request, evaluation reports will be made available for pick-up at the designated school building, unless otherwise arranged by the parent/guardian and Team Chairperson.

5B: Initial Evaluations

For initial evaluations, assessments are completed in all area(s) of suspected disability. An educational assessment, including a history of the student’s educational progress in the general curriculum, is a mandated component of both initial evaluations and reevaluations. The educational assessment is completed using specific state-mandated Educational Assessment A and B forms, which require written consent from the parent/guardian, as stated above.

Once a given assessment is completed, a report is written that includes a summary of the procedures employed, the results, the diagnostic impression, and educational recommendations based on the data in conjunction with the team discussion. Assessments are written in an educationally relevant manner.

5C: Reevaluations

Reevaluations are completed every three years or sooner, except under extremely rare circumstances in which Student Support Services administration would be included in determining next steps.  If the reevaluation is deemed to be unnecessary, the team still should convene to determine eligibility based off of the information that is available to the team at that time.  Reevaluations may also be proposed when it is suspected that a student may no longer be eligible for special education or for a particular service, or when the Team suspects that the student’s disability requires the addition of services in order to meet their needs. A reevaluation shall occur not more frequently than once a year unless the parent and the local education agency agree otherwise. The process for reevaluations is coordinated by the Team Chairs and includes the following steps:

1. An educational assessment including a history of the student’s educational progress in the general curriculum is completed (with written consent) using the Educational Assessment A and B forms (28R/1), and is a mandated component of every reevaluation. The Team Chair oversees the completion of the Educational Assessment.
2. The Team Chair, in conjunction with the liaison, reviews existing evaluation data on the child including but not limited to:

1. Evaluations and information provided by special education teachers, related service providers, and/or parents/guardians
2. Current classroom-based, local, or state assessments
3. Classroom-based observations

3. On the basis of the review and input from current providers and the child’s parents, Team Chairs identify what additional data, if any, is needed to determine:

1. Does the child continue to have a disability?
2. What are the current educational needs of the child?
3. Does the child continue to need special education and related services (specially designed instruction and related services) to make progress?
4. Are any additional modifications to the special education and related services needed in order for the child to meet the goals in the IEP and to access, as appropriate, in the general education curriculum?

It should be noted that Reevaluations do not require the completion of specific assessments other than The Educational Assessment (28R/1). However, the Educational Assessment (28R/1) is a mandated component. Assessments must be sufficient to ensure the team can answer the questions listed above (under number 3) through the reevaluation process.

5D: “Outside Evaluations”- Independent Evaluation at Parent’s Expense

When a parent submits to the school/school district an evaluation report for a student who is NOT currently receiving special education services, the student’s Guidance Counselor/School Psychologist shall contact the parents to either discuss concerns or to schedule a meeting with the classroom teacher, and in some cases, the school principal and other pertinent school personnel. The purpose of the discussion should be to gather information about the parent’s concern, discuss available supports in place or available through general education, and to determine if a referral for special education evaluation or 504 Accommodation Plan is being requested or would be appropriate. The Student Support Services Team Chair should be notified of the receipt of the evaluation and kept apprised of the results of the discussion or referral process. Should a parent seek a special education evaluation the chairperson will generate a consent to evaluate within 5 days of receipt.

For all eligible special education students for whom an individual evaluation is submitted (independent evaluations at parent expense), the school district has 10 school days to hold a Team meeting to review and consider information and recommendations included in the report. The Student Support Services Team Chair should be notified immediately of the receipt of the outside evaluation so that he/she can schedule the Team meeting promptly. Best practice dictates that school districts also propose to conduct its own evaluation to gain the best understanding of the student’s needs, and this is often a proposal made at the meeting prior to changes of the IEP being made.

5E: Independent Educational Evaluations

Upon receipt of evaluation results, if the parent/guardian disagrees with or is dissatisfied with an initial evaluation or re-evaluation completed by the school district, then the parent/guardian may request an Independent Educational Evaluation (IEE) by notifying their Student Support Services Team Chair and Director of Special Education. Parents/guardians may obtain an independent education evaluation at their own expense at any time. If the parent requests an IEE at public expense, the district must either fund the IEE at state rates or, within five school days, request a determination from the Bureau of Special Education Appeals (BSEA) that the district’s evaluation was comprehensive and appropriate. The Student Support Services Team Chair should immediately notify the Student Support Services Assistant Director of any request for an IEE so that the appropriate response can be made and timelines followed. The parent’s right to request an IEE is extended up to 16 months after an evaluation or reevaluation process has been completed.

• All Independent Educational Evaluations shall be conducted by qualified persons who are registered, certified, licensed or otherwise approved and who abide by the rates set by the state agency responsible for setting such rates. Unique circumstances of the child may justify an individual assessment rate that is higher than that normally allowed.
• If the student is eligible for a free or reduced cost lunch, then the school district shall provide, at public expense, an Independent Educational Evaluation that is equivalent to the types of assessments done by the school district.  In such cases, the parent may request independent assessments in one, more than one, or all of the areas assessed by the school district.
• If the parent is requesting an evaluation in an area not assessed by the school district, or if the student does not meet the eligibility standards for free or reduced-cost lunch, then the school district shall respond in accordance with requirements of federal law.  The district shall either agree to pay for the Independent Educational Evaluation or, without undue delay, proceed to the Bureau of Special Education Appeals (BSEA) to show that its evaluation was comprehensive and appropriate.  If the BSEA finds that the school district’s evaluation was comprehensive and appropriate, then the school district shall not be obligated to pay for the Independent Educational Evaluation requested by the parent.
• Whenever possible, the Independent Educational Evaluation shall be completed and a written report sent no later than thirty (30) days after the date the parent requests the Independent Educational Evaluation.  If publicly funded, the report shall be sent to the parents and to the school district. The independent evaluator shall be requested to provide a report that summarizes, in writing, procedures, assessments, results, and diagnostic needs of the student.  The independent evaluator may recommend appropriate types of placements but shall not recommend specific placements.
• Within ten (10) school days from the time the district receives the report of the Independent Educational Evaluation, the TEAM shall reconvene to consider the Independent Educational Evaluation and whether a new or amended IEP is appropriate.
• If the family is not eligible for free and reduced lunch, there is a voluntary sliding scale fee program. Parents are requested to submit their financial information.  Given this information, a determination is made, based on formulas dictated by the state for the fee that would be the responsibility of the parents and the fee that would be the responsibility of the district.

State regulations for IEE under 603 CMR 28.00 section 5

5F: Extended Evaluations

An Extended Evaluation is an option under circumstances when eligibility is determined, but further data is needed. If evaluation information is inconclusive, the Team may consider an Extended Evaluation. An Extended Evaluation may be used to gather additional information needed to write an IEP, but may only be used if a parent agrees. Immediately following a Team meeting at which an Extended Evaluation is proposed, a new Evaluation Consent form will be sent to parents for any additional recommended assessments.

Teams must be aware of the state regulatory restrictions placed on the use of the Extended Evaluation. Extended Evaluations cannot be used for the following purposes:

1. To extend the evaluation timeliness for required assessments
2. To deny programs or services to a student
3. To constitute a temporary placement

If, prior to the extended evaluation, the Team determines that sufficient information is available to identify some necessary objectives and services, the Team shall write a partial IEP that, if accepted by the parent, shall be immediately implemented by the district while the extended evaluation is occurring. If the parent consents to an extended evaluation, the Team shall document its findings and determine what evaluation time period is necessary and the types of information needed to develop an IEP, if appropriate. The Team may decide to meet at intervals during the extended evaluation, but in all cases shall reconvene promptly to develop or complete an IEP when the evaluation is complete. The extended evaluation may extend longer than one week, but shall not exceed eight school weeks or 40 school days. An extended evaluation is an assessment over a period of time, NOT a placement.

Administrative Advisory SPED 2019-2, Extended Evaluations

5G: Evaluation Consent

Prior to beginning the evaluation process, consent must be received by the Student Support Services department.  A parent or other party's request for evaluation does not constitute consent; rather, this begins the process by which formal consent is requested by the district.  Once this formal consent is received back, the evaluation timeline begins.

5H: Parent Request for Program Observation

Under MGH 71B, Section 3 schools are required upon request of a parent/guardian to grant “timely and sufficient” access by parent/guardian and/or their designee to the child’s current and/or proposed program.  The purpose of the law is to ensure parents/guardians can participate fully and effectively in determining the appropriate educational program. Please contact a building administrator and complete all components of the following document Observation Agreement 

6. IEP Team

6A: Required Team Membership

Parents/Guardians, Students (ages 14-22), General Educators, Specials Educators, and related service providers are all part of the team under the state guidelines.

• Parents/Guardians

Parents/guardians are equal partners in the process, and every effort should be made to listen to the parent/guardian’s student concerns and come to a consensus about the needs of the student.

• Students

Student participation is encouraged and can take on many forms from attendance in the meeting to a powerpoint or video shared on their behalf. Beginning with the IEP cycle in which they will turn 14, their participation is required.  Their participation and rights should naturally evolve as they age.  Please see the Age of Majority section for more information.

• General Educators

General education teachers are important members of the team as the ones who present the curriculum, provide instruction, and oversee the progress of all students.  Unless a student is in a substantially separate program and does not attend any general education settings, one general education teacher is required to attend and stay for the duration of the team meeting.  

• Student Support Services Teachers and Related Service Providers

The school district should make every effort to include special educators and related service providers who are knowledgeable in the areas which are suspected of disability to ensure that evaluative data can be accurately interpreted and informed decisions made.

6B: Team Member Excusal

There may be some situations when it is appropriate to excuse a member of the team, but this requires a written agreement from the parents/guardians, and when possible, prior notice.  Related services providers that need to miss some or part of a meeting must provide a written summary of student progress for the team to share and discuss at the meeting. In addition, parents will be asked to sign off on meeting excusal for the team member not present.  

6C: Alternatives to Physical Meetings:

Best practice indicates that IEP team members should gather in person for team meetings, and it is the expectation that IEP team meetings will be held in person.  Alternatives to physical meetings should be offered to those team members who are unable to attend in person, or by parent request, but all team members who are able to meet in person should do so.  Virtual meetings take place via Google Meet. Should a meeting occur remotely it is important to know the following:

1. The District strictly prohibits screenshots, pictures, audio/video recordings and/or distribution of any remote Team meeting. Please note that in Massachusetts it is illegal to record another person through any medium without that person’s knowledge.
2. The laws that protect the privacy and confidentiality of your child’s personally identifiable information apply to a remote meeting just as they do during an in-person Team meeting. To that end, school staff will take steps to ensure that they are participating in the meeting in a quiet, private setting, and the expectation is that a parent and anyone the parent has invited to the meeting will do the same.
3. In order to properly plan and facilitate remote meetings all related documents will be shared via email. If families do not wish to receive documents via email they can be made available for pick up at the Student Support Services office by notifying the appropriate chairperson.    

A parent’s participation in a remote IEP Team meeting signifies that the parent has opted to participate in a remote IEP Team meeting and agrees to abide by the District’s expectations set forth above.

7. Eligibility

The Determination of Eligibility is based upon the examination of data by the Student Support Services team in accordance with the evaluation process.  The Team will use the Student Support Services Eligibility/ Initial and Reevaluation Determination Form to determine eligibility.

The team must determine eligibility of a student’s disability by completing tests in all areas of suspected disability.  It is important to complete comprehensive evaluations of students when a disability is suspected. This information is critical when being able to support the finding of a disability and to write an IEP if needed. Schools will use their staff to complete evaluations, but in some cases schools may not have the appropriate staff and may contract out to other evaluators or agencies to ensure sufficient information is available to the team.

Reports should be written in easy to understand language, and should include information about the student as it relates to an absence or indication of a disability. Student needs, recommendations, and strategies for the teacher should also be included in the written report.

For students with multiple languages, information about their language proficiency must be included so as to not mislabel or provide inaccurate information about the student.

In the case of suspected Specific Learning Disability, additional tools are needed and presented to the team during the evaluation process. Required forms and checklists provided by the Department of Elementary and Secondary Education can be found on the Department of Elementary and Secondary Education website.

Determinations include:

1. The student is eligible. If the student has one or more of the disabilities defined at 603 CMR 28.02 and if, as a result of the disability(ies), the student is unable to progress effectively in the general education program without the provision of specially designed instruction, or is unable to access the general curriculum without the provision of one or more related services, the Team shall determine the student is eligible. If the Team determines the student is an eligible student, the Team shall develop an Individualized Education Program (IEP).
2. The student is not eligible. If the Team determines that the child is not eligible, the Team Chairperson shall record the reason for such finding, list the meeting participants and provide written notice to the parents of their rights in accordance with federal requirements within ten (10) calendar days of the Team meeting.  

1. It is possible that a student will be found not eligible for an IEP but eligible for a 504 Plan based on their disability.  Please refer to Section 7 for more information on 504 Plans.

7A: Disability Categories

For the purposes of disability identification within the school setting, specific disability categories and definitions are provided by the Commonwealth of Massachusetts Department of Elementary and Secondary Education and can be found on the DESE website. Please note that these categories are not necessarily directly related to medical diagnoses and should not be confused as such.

7B: Effective Progress

Teams determine whether a student is making effective progress in school, and specifically whether the student is making effective progress in the general education program. The general education program includes early childhood programs offered by the district, academic and non-academic offerings of the district, and vocational programs and activities. To determine whether a student is making effective progress, the Team must determine whether the student has:

• Made documented growth, with or without accommodations, in knowledge and skills

acquisition including social/emotional development, in the learning standards set forth in the Massachusetts Curriculum Frameworks, and the curriculum of the district;

• Made growth according to the chronological age, the developmental expectations, and the individual educational potential of the child.

When considering if the student has made effective progress, the Team must specifically look at whether the disability(ies) is(are) causal to an inability to make progress. Such a finding is pivotal in the eligibility determination. The law clearly states that students may not be determined eligible solely because of a need for reading or math instruction or because of limited English proficiency or social maladjustment.

Teams should carefully review evaluation data and make student-centered decisions on this important issue. Progress should not be “minimal” or “trivial.”

• Although failing grades would allow the Team to assert that the student is not making

effective progress, the Team would not be able to comparably assert that the student is

making effective progress solely because he/she is making passing grades. In fact, the

federal special education law specifically prohibits the Team from finding a student eligible solely because the student is advancing from grade to grade. 34 CFR  300.111 (c)(1).

Teams evaluate whether the lack of progress is a result of the disability. Teams must look at the evaluation results to see whether the lack of progress is a result of the disability or a result of other factors (i.e. attendance, language barrier, etc.).  Only if the Team determines the lack of progress is connected to a disability or disabilities may the Team continue on to discuss a possible finding of special education eligibility. If the Team determines that there is a disability, it must then ask a final question:

Does the student require specially designed instruction and/or related services in order to make progress?

7C: Specially Designed Instruction

Specially Designed Instruction consists of instructional practices that are not provided

for students in the general education program. This specially designed instruction includes modifications that alter the content, delivery of instruction, methodology and/or performance criteria, and are necessary to assist the student in participating and learning. The need for specially designed instruction and/or related services is an absolute requirement for students found eligible for special education. Related services necessary to access the general curriculum are considered special education and may be provided alone, or in combination with specially designed instruction.

7D: Tutoring

Under certain circumstances, such as when a student is hospitalized or otherwise unable to participate in in-person instruction, tutoring may be provided by the district.  

7E: Related Services

Related services may be required to assist a child with a disability to benefit from special education, and includes early identification and assessment of disabling conditions in children. (20 U.S.C. Section 1401(26)). IDEA 34 CFR §300.34 and 603 CMR 28.00

Related services help children with disabilities benefit from their special education by providing extra help and support in needed areas, such as speaking or moving. As part of the IEP meeting, the IEP team determines if a student requires related services.  Related services can include, but are not limited to, any of the following:

• Audiology
• BCBA
• Counseling
• Occupational Therapy
• Physical Therapy to access the school environment including outdoor play and PE
• Psychological Services
• School Health Services
• Social Work Services
• Speech-Language
• Vision and Orientation & Mobility
• Assistive Technology
• Augmentative Communication
• Medical services for diagnostic or evaluation purposes
• Parent training and consultation
• Interpreting services
• Transportation

7F: Transportation

Transportation is included in an eligible child’s IEP if the IEP team determines that such a service is needed, due to the child’s disability, in order for the child to access his or her special education.  If a student’s team determines that the student can access transportation similar to that of typical peers, then the student will not qualify for specialized transportation.  Please note, should the student’s IEP placement be outside of the student’s neighborhood school, the district is still obligated to provide transportation to the student’s placement, even if the student does not qualify for specialized transportation.

Transportation should be indicated on the IEP only in the event that the student requires specialized transportation services in order to participate in their education.  If the team determines that the child needs this related service in order to access his or her special education, a statement to that effect must be included in the IEP, along with relevant details and arrangements.

7G: Extended School Year (ESY)

The IEP Team is obligated to consider the need for ESY services at every Team meeting. All categories of students with disabilities must be considered for ESY.  Please see the Department of Elementary and Secondary Education’s Extended School Year Question and Answer Guide for further information.

As a part of the consideration for ESY, the Team must also specify which of the student’s IEP goals need to be addressed during ESY- this is then indicated on the student’s IEP grid.

It is recommended that ESY determinations will be completed by April 15; however, most of the time this information should be available at the time of the annual IEP meeting. The need for ESY is based on DESE Guidance and data including but not limited to:

1. lack of progress in meeting short-term objectives over two marking periods, resulting in little or no progress made over the school year,
2. 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 requires such extended school year programming.

When considering a ESY for a child, the following conditions must also be considered:

• The skills must involve at least one existing IEP goal area, and they must be essential to the progress of the student.
• New goals are not developed to justify the need for ESY services.
• The actual data/information should be maintained for future consideration of ESY.

7H: Paraprofessional Support

The goal for all students with disabilities under the Individuals with Disabilities Education Act is to develop and maintain independence in curricular and extracurricular activities in the least restrictive school setting. Therefore, a primary goal for all students with special needs is to encourage, promote, and maximize independence. For all students, additional paraprofessional support may only be included in the IEP within the context of this goal.

In every case, the first steps before assigning an additional assistant are to;

(1) carefully define the student's needs, and

(2) then review all existing staff, programs, and resources at the school site. This review must include a review of general and special education resources; and

(3) should consider such alternatives as accommodations and modifications for the student,

the use of existing assistants at the school site, and mentoring and other collaborative instructional models for teacher support.

(4) a Needs Assessment must be conducted in all instances when 1:1 support is being discussed

7I: Assistive Technology

A student’s possible need for assistive technology devices and services must be considered

whenever an Individualized Education Program (IEP) is developed. In addition, the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act require schools to provide assistive technology for students with disabilities, if needed to assure equal access to the school’s programs and services.

The Assistive Technology Team for the Woburn Public Schools consists of the Director of Technology & Innovation, Team Chairpersons, Speech and Language Pathologists, and an outside consultant. Members of the team are available to consult with staff about students and to work directly with students.

8. IEP Development

Once a child is found to be eligible for special education, the Individualized Education Program (IEP) needs to be developed using the evaluation data, input from Team members and current classroom performance to guide development of goals and objectives/benchmarks for the student.

Within 5 working days following the meeting the parent is provided with the proposed action notice, two (2) copies of the IEP, Placement Page, and Transition Planning Form (TPF), if applicable.

Within 30 calendar days after receipt, the parents shall respond to the IEP and placement by either fully or partially accepting, or rejecting in full. When responding parents also have the option to request a meeting to discuss the rejected portions of the IEP.  Upon parental response to the proposed IEP and proposed placement, the district shall implement all accepted elements of the IEP without delay.

8A: Annual IEP

Each year, annually, the IEP must be reviewed and updated to reflect the growth the student has made and new goals need to be developed as well. Input from general educators, special educators, parents and related service providers needs to be included. Input from the student is required if the student is turning 14 during the IEP cycle and thereafter.

Recommended services for each student must be individually considered and recommended and should not depend on known or existing services. Overall, the services and supports should lead the student to success and to greater independence. To accomplish this, services may be provided directly to the student and/or on behalf of the student. In other words, the supplemental aids and services recommended to benefit the student may be provided to the student, to the parents, and/or to the school staff. Consultative services that are provided to parents and school staff members should help to assist the student in reaching IEP goals.

8B: IEP Components 

The following is a description of each of the required components of the Individual Educational Program (IEP) components, listed in the order in which they are located within the IEP document.

1. Student and parent concerns: This section is intended to help the IEP Team focus its discussion on the student’s concerns and needs, as well as the concerns of their parents. Schools and districts should consider conferring with students and parents prior to the IEP meeting and reminding them that the meeting will begin with their concerns. The IEP Team should consider areas of concern that may impact the student’s progress in education. Examples of topics to consider when completing this section include, but are not limited to academic skills, social skills, behavioral needs, independent functioning, and daily living skills. For students engaged in post-secondary transition planning, the IEP Team should prompt students and parents to share concerns that relate to the student’s post-secondary success.
2. Student and Team Vision: The Student and Team Vision section of the IEP contains three parts.  The Student’s Vision statement is differentiated by age level (3-13 and 14-22).  Students may need assistance developing their vision statement prior to the IEP Team meeting.  Such assistance may be provided by a trusted teacher, related service provider, school counselor, etc. Students who are 13 but will turn 14 during the new IEP period should respond to the questions for students aged 14-22. For students aged 14-22, the “Student's Vision/Post-Secondary Goals” section is a first step toward transition planning. More transition planning information appears later in the IEP.  The “Student’s Vision” section will vary by student, as each student is unique. The vision expressed by the student should be used to guide the rest of the IEP process.  The “Additional Team Vision Ideas” section is for the IEP Team members (other than the student) to respond to the student’s vision.
3. The Student Profile: The Student Profile section is used to identify all disabilities determined through the special education eligibility process. It is important to note that a student’s disability determination on an IEP may not always align with medical or other diagnostic evaluations. If relevant, more information about the student’s disability can be included when describing the impact of the student’s disability in other sections of the IEP. For example, the IEP Team might identify a student as having a specific learning disability in their Student Profile and further explain that the student has dyslexia, dysgraphia, or dyscalculia in later sections of the IEP.

1.  If the student with a disability has also been identified as an English learner (EL), the IEP Team should mark “Yes” in this section and answer the subsequent questions.  When an EL has a disability, the Individuals with Disabilities Education Act (IDEA) requires that the IEP Team consider the student’s language needs as they relate to the IEP. It is therefore essential for the IEP Team to include those with the knowledge of the student’s language needs. Specifically, it is important that the IEP Team include “professionals with training, and preferably expertise, in second language acquisition and an understanding of how to differentiate between the student’s limited English proficiency and the student’s disability.”
2. Assistive technology:  In this section, the IEP Team must indicate if the student requires assistive technology devices or services. If yes, please identify which sections of the IEP will be used to address the student’s assistive technology needs.

4. Present Levels of Academic Achievement and Functional Performance:  The Present Levels of Academic Achievement and Functional Performance (“Present Levels”) section of the IEP has four components: 1. Academics, 2. Behavioral/Social/Emotional, 3. Communication, and 4. Additional Areas.  Some key points:

1. Use clear, easy to understand, language.
2. When including information from evaluations, the IEP Team may include the key conclusions from those evaluations rather than repeating extensive details that can be easily found by reading those evaluations separately from this IEP.
3. Discuss Present Levels holistically, rather than limiting conversation on a particular topic to specific individuals. For example, the middle school English teacher may not be the only person on the IEP Team who understands the student’s literacy progress. The student’s parents, history teacher, school psychologist, special education teacher, etc. all might have ideas to share about the student’s literacy progress.
4. Include the student’s strengths, interests, and preferences in relation to the relevant Present Levels.
5. The IEP Team should comment on each component that is relevant to the student. If a component or components are not relevant to the student, write “Not applicable.”

5. Autism Specific Questions: State law requires IEP Teams to consider and address the following areas for all students who have a disability on the autism spectrum:

1. the verbal and nonverbal communication needs of the child;
2. the need to develop social interaction skills and proficiencies
3. the skills and proficiencies needed to avoid and respond to bullying, harassment or teasing;
4. the needs resulting from the child's unusual responses to sensory experiences
5. the needs resulting from resistance to environmental change or change in daily routines;
6. the needs resulting from engagement in repetitive activities and stereotyped movements;
7. the need for any positive behavioral interventions, strategies, and supports to address any behavioral difficulties resulting from autism spectrum disorder; and other needs resulting from the child's disability that impact progress in the general curriculum, including social and emotional development.

6. Behavioral/Social/Emotional: Under this section, IEP Teams should consider the use of positive behavioral interventions and supports, and other strategies to address the student's behavior that impedes their learning or that of others as appropriate and necessary.  Students with disabilities face increased rates of bullying, harassment, and teasing, whether as the target or the aggressor. To help students be prepared and make good choices during these challenging situations, the IEP Team should consider skills necessary for students to address bullying.
7. Communication: Describing the Present Levels for Communication involves gathering comprehensive information about the student’s abilities, strengths, areas of need, and the impact of their disability.  If the student requires Augmentative and Alternative Communication (AAC) devices/systems, it is important to specify the student’s present levels of performance in navigating communication devices, selecting appropriate symbols or words, and effectively conveying their messages across school, home, and community settings if appropriate. The IEP Team should discuss and document whether and how the student’s needs will be addressed through accommodations and modifications, goals and objectives, services, and/or additional information discussed later in the IEP.
8. Additional Areas When examining the Present Levels, consider additional areas that might be relevant to the student’s disability, such as activities of daily living, health, hearing, motor, sensory and vision.

1.  Deaf/Hard of Hearing: or students who are Deaf or hard of hearing, the IEP must indicate which section of the IEP will address their language and communication needs. The IEP Team must consider the student’s language and communication needs, opportunities for direct communication with peers and professional personnel in the student’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the student’s language and communication mode.
2. Blind/Visually Impaired: In the case of a child who is blind or visually impaired, the IEP Team must determine how it will provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child.

9.  Postsecondary Transition Planning: IEP postsecondary transition planning is designed to help students with disabilities successfully transition from high school to postsecondary education, vocational training, employment, and independent living. The goal of the planning process is to provide support and accommodations.  Massachusetts Individualized Education Program (IEP) Technical Guide for a smooth transition, and to help students achieve their educational and career goals. Because postsecondary transition can now be found in the IEP form, rather than in a separate document, the Department asks that schools and districts take a close look at this section for important information.

1.  Community and Interagency Connections: This section documents the agencies and community organizations the student is working with as part of their transition from secondary school. The purpose of this section is to promote coordination and communication between the school and the community or agency providers. If this section does not apply to the student, please write, ”Not applicable.” Otherwise, provide the name of the agency or organization, and give a brief description of the support provided and the roles and contact information of school staff who will serve as liaisons to the agency or organization.
2. Transfer of Rights to Student: Transfer of rights to a student in special education refers to the process by which certain rights and responsibilities under IDEA transfer from the parents to the student once they reach the age of majority or become legally emancipated. The age of majority is 18 in Massachusetts. No later than one year before the student reaches the age of 18, the school district must provide notice to the parents or guardians and the student that the rights will transfer to the student. This notice typically includes information about the transfer of rights, a description of the rights that will transfer, and information about the procedures and options available to the student. IEP Teams should use this section to document if and when the transfer of rights notice was provided to the student and parent(s).
3. Decision- Making Options for Students: IEP Teams should use this section to document which option the student or student’s legal guardian selected. If no option has been selected, leave this section blank.
4.  Transition to Adult Service Agency or Agencies 688 referral: In Massachusetts, 688 referral refers to the process of transitioning qualifying students with disabilities from the K-12 educational system to an adult services agency. To complete this section, IEP Teams should:

I: Determine if the student is within two years of exiting special education services.

II: At what age will the student exit from special education services? Will the student be within two years of that date during this IEP period? If so, select yes. If not, select no.

III: Determine if the student meets the criteria for a 688 referral. More information about the 688 referral process including eligibility criteria can be found on the Department’s Chapter 688 webpage.

IV: Document when the 688 referral was or will be made or, alternatively, select the option stating that the IEP Team has determined that the student does not meet the criteria for a 688 referral.

V: Finally, if a 688 referral has been submitted, identify the agency to which the referral was made.

10.  Accommodations and Modifications: IEP accommodations and modifications are two kinds of supports that may be provided for students with disabilities through their IEP.

Accommodations for Presentation of Instruction: When providing accommodations for presentation of instruction, the goal is to provide access to the materials and content being shared so that students with disabilities can effectively participate in the learning experience. Here are some common accommodations:

Providing alternative presentation formats such as a PowerPoint rather than a verbal presentation or replacing or supplementing the standard class presentation with posters or other visual aids.

Providing visual supports can be beneficial for students with disabilities such as attention deficits or visual impairments. Visual organizers or outlines can help to structure the presentation. Visual aids such as diagrams, charts, or pictures, can enhance student understanding. Providing written instructions or key points on the board or in handouts may clarify the instructor’s expectations.

Providing additional communication supports for students with disabilities such as speech or language impairments. These include the use of speech-generating devices, communication apps, or other assistive technology; providing a communication partner or facilitator; or using alternative means of communication such as sign language or written responses.

Pairing students with disabilities with a peer mentor or allowing them to co-present with a partner can provide additional support and alleviate anxiety.

Accommodations for Responses: The aim in providing these accommodations is to support students with disabilities in effectively communicating their knowledge and ideas. Here are some common accommodations:

Providing alternative response formats that can accommodate students with different learning styles or communication needs. These might include allowing oral rather than written responses; the use of speech-to-text software, word prediction tools, or other assistive technology; or using visual aids or graphic organizers to structure written responses.

Simplifying language prompts for students with language or processing difficulties, which can enhance their understanding and ability to respond. Consider using clear and concise language in instructions and questions, breaking down complex tasks or questions into smaller, more manageable parts, and providing visual cues or examples to help students understand what is being asked.

Allowing students who have motor or coordination challenges to use a scribe (someone who writes down their dictated responses) or providing them with typing assistance to support their ability to effectively convey their thoughts.

Breaking assignments or tasks into smaller sections (chunking) or allowing for partial completion can help students with attention or executive functioning difficulties.

Pairing students with disabilities with a peer mentor or allowing them to work collaboratively with a partner can provide valuable support and assistance during response activities.

Timing and Scheduling Accommodations: These accommodations are designed to address the specific needs of students with disabilities regarding the pace, duration, and organization of their learning activities. Here are some common timing and scheduling accommodations:

Providing students with additional time before or after class to prepare, gather thoughts, or organize their materials.

Offering flexibility in scheduling can accommodate students who may need breaks, rest periods, or have specific times of the day when they are more alert and focused. Such accommodations might include allowing short breaks during long activities or tests; providing the option to complete tasks or assignments at different times of the day; adjusting the pacing of instruction, or breaking down complex tasks into smaller, manageable segments.

Providing transition support (additional time and assistance) for students moving between activities, classes, or locations. Accommodations may include providing visual schedules or timers to help students anticipate and prepare for transitions; allowing extra time for transitioning between classes or activities; or assigning a peer buddy or support staff to assist with transitions.

Providing frequent breaks (sensory, movement, or rest) for students with attention or sensory processing difficulties to manage their energy levels and maintain focus.

Setting and Environmental Accommodations: These accommodations aim to create an inclusive and accessible environment that promotes learning and participation. Here are some common setting or environment accommodations:

Providing access to adaptive furniture such as adjustable desks or sensory seating options.

Reducing background noise or providing auditory supports for students with auditory processing difficulties or sensitivities, which can enhance their learning experience. The former might include providing noise-canceling headphones or earplugs and the latter may include providing closed captioning or transcripts for audiovisual materials. Students who require a low-stimulus environment may benefit from a soundproof or quiet area.

Providing visual supports can assist students with communication or attention difficulties. These include but are not limited to preferential seating, displaying visual schedules or routines to provide structure and predictability, using visual cues or aids such as visual organizers, charts, or diagrams to reinforce concepts, or providing visual prompts or reminders for classroom expectations or procedures.

Providing access to assistive technology can help students engage with the learning environment effectively. This might include using screen readers, speech-to-text software, or text-to-speech tools; using specialized keyboards, or other adaptive devices; or, for students with speech or language impairments, providing access to augmentative and alternative communication (AAC) devices/systems.

Providing social supports to foster a positive and inclusive social environment. These include but are not limited to facilitating peer interactions through structured activities or buddy systems, grouping with positive peer role models during social interactions, or providing visual cues for social cues and expectations.

Providing sensory support accommodations to students with sensory sensitivities and integration challenges. This may include allowing sensory breaks, providing tools such as fidgets or sensory toys, creating a sensory-friendly environment by adjusting lighting, temperature, or visual stimuli.

Content Modifications: Modifying the curriculum or instructional materials to match the student’s abilities and learning needs is sometimes necessary for the student to progress effectively in the general education program. Some examples of content modifications include:

Modifying the language used in instructional materials or assignments to make them more accessible. This might involve using shorter sentences and simpler vocabulary; breaking down complex concepts into smaller, more manageable parts; or providing visual aids or concrete examples.

Adjusting the reading level of materials to match the student's reading ability can help with comprehension and engagement. This might involve providing simplified or adapted versions of texts at the student’s reading level, offering audio versions of texts, using text-to-speech software, or providing additional explanations, summaries, or visual supports to accompany texts.

Modifying assignments can help students demonstrate their knowledge and skills at a level that aligns with their abilities. This might include adjusting the length or complexity of assignments, reducing the number of tasks or questions, or permitting alternative modes of expression, such as verbal or visual responses.

Focusing the curriculum on essential skills and concepts helps students prioritize meaningful and relevant content. This might involve streamlining the curriculum to prioritize key learning objectives, providing additional practice and reinforcement for foundational skills, or customizing the curriculum to align with the student's individual goals and interests. Collaboration with ESL and other relevant staff may be helpful when modifying the curriculum for English learners with disabilities.

Instructional Modifications: Some examples of IEP instructional modifications include:

Providing differentiated instruction to meet the unique needs of each student to support their learning and engagement. This might involve providing varying levels of challenge or complexity based on individual needs and abilities, offering different learning pathways or materials to accommodate different learning styles, or adapting instructional methods to suit students’ individual strengths and preferences.

Providing instructional support and structure (scaffolded instruction) can help students build upon their existing knowledge and skills. This might involve breaking down complex tasks or assignments into smaller, manageable steps, providing explicit instruction and guided practice before independent work, or offering prompts, cues, or templates to assist with organization or problem-solving.

Providing direct and explicit instruction can support students’ understanding of concepts and procedures. This might involve breaking down complex information into smaller, more digestible chunks; using modeling, think-alouds, guided practice, or other explicit teaching strategies; or providing step-by-step instructions and explanations to promote comprehension.

Incorporating multi-sensory components into instruction can benefit students with diverse learning styles and sensory processing needs. This might involve using hands-on manipulatives or materials to reinforce concepts, providing visual aids (charts, diagrams, graphic organizers), or incorporating movement or kinesthetic activities to enhance engagement and understanding.

Modifying or using alternative instructional materials can address different learning needs. This might involve providing materials in alternate formats (e.g., audio, visual), incorporating text-to-speech software, speech recognition tools or other assistive technology or using real-life examples or concrete materials to make concepts more tangible.

Output Modifications: Student output modifications involve adapting or adjusting the expectations for how students demonstrate their knowledge and skills. They are designed to help students with disabilities in effectively expressing their learning in ways that suit their individual needs and abilities. Here are some examples:

Allowing students to use alternate response formats to address different learning styles and communication needs. This might involve allowing oral instead of written responses, the use of speech-to-text software, word prediction tools or other assistive technology, or the use of visual aids or graphic organizers.

Providing partial completion options can support students who struggle with task initiation or completing assignments independently. This might involve allowing students to complete only a portion of the assignment or task, breaking tasks into smaller segments, providing the student with completed sections to build upon, or providing starter sentences or prompts to assist with written responses.

Modifying assessments can enable students to demonstrate their knowledge and skills to the best of their abilities. This might involve using alternate assessment formats (e.g., oral presentations, projects, portfolios), or adjusting the number or complexity of assessment questions.

Offering alternate assignments can provide students with different options to showcase their understanding. This might include providing choices for assignments that align with the student's strengths and interests, or offering alternative modes of expression, such as creating a visual presentation instead of writing a report.

11.  State or District Wide Assessments/Alternate Assessments: In Massachusetts, the statewide assessment is the MCAS, which begins in third grade. Other state or districtwide assessments refer to standardized assessments administered to students, including those eligible for special education, to measure their academic achievement and progress. Students with disabilities may be eligible for accommodations during state or districtwide assessments to provide a fair testing environment including extended time, breaks, and use of assistive technology.

Some students with disabilities may face challenges accessing and demonstrating their knowledge on standard state or districtwide assessments even with accommodations. In some instances, alternate assessments may be used to provide a more appropriate evaluation of their skills and progress. A small number of students with the most significant cognitive disabilities who are unable to take the standard tests even with accommodations may be eligible to participate in alternate assessments, such as the MCAS Alternate Assessment (MCAS-Alt). MCAS-Alt consists of a portfolio of specific materials assembled annually by the teacher and student. Materials for the portfolio may include work samples, instructional data, videotapes, and other supporting information. The determination of which students may be eligible to participate in the alternate assessments must be made on a case-by-case basis. More information about the MCAS-Alt, including eligibility criteria can be found on the Department’s MCAS Alternate Assessment webpage. As indicated on the IEP form, the IEP Team must explain why the student needs the specific alternate assessments and why the alternate assessment is appropriate for the student. In considering whether the MCAS-Alt should be used with the student, it is important for the parent and/or the student to be informed of how participation in the MCAS-Alt may delay or otherwise affect the student from completing the requirements for a regular high school diploma. Specifically, the MCAS-Alt assesses learning standards that are below the expectations needed to obtain a regular high school diploma in Massachusetts.  MCAS Alt Participation Tool is a required document to be completed for all students who are found eligible for the MCAS Alternative Assessment.  This form must be completed and uploaded to DESE for each and every student who is found eligible for the MCAS- Alt. All MCAS-Alt takers will need to be "functioning two or more standard deviations below the mean on commonly accepted norm-referenced assessments in both cognitive functioning and adaptive behavior (e.g., two or more adaptive skill areas such as daily living skills, communication, self-care, social skills, and academic skills)."

12.  Measurable Annual Goals: Developing measurable annual goals is a critical step in the IEP process. When developing measurable annual goals, IEP Teams should consider a variety of information, including the information in the Student and Team Vision and Present Levels sections of the IEP. Parental input is critical in developing measurable, effective, and meaningful goals. IEP Teams should also consider the extent to which measurable annual goals can help the student increase learning and participation in the least restrictive environment.

The IEP form requires the IEP Team to describe the student’s baseline in the selected goal area, identify an annual goal/target, the measurement that will be used to determine whether the goal has been achieved, the method for measuring progress, the schedule of progress monitoring, and the person responsible for monitoring the student’s progress as to the specific goal.

Here is a further description of those components:

The baseline refers to the student's current level of performance or skill in the targeted area.

It serves as a starting point for measuring progress toward the annual goal and is determined through assessments, observations, or other data collection methods.

A measurable annual goal/target is a specific objective that the student is expected to achieve within a year. It focuses on an area of need identified through assessment and other data. The goal should be specific, measurable, and relevant.

The criteria for success specify the expected level of achievement or proficiency the student must reach to demonstrate that they have met their goal. These criteria establish clear benchmarks to evaluate progress and can be defined in terms of specific performance levels, percentages, scores, or other measurable indicators.

The method of measurement outlines how progress toward the goal will be assessed and documented. Assessment tools, tests, observations, work samples, and other data collection methods can provide reliable and valid information measuring the student's progress.

The schedule for progress monitoring determines how frequently progress will be assessed and reported. It identifies specific checkpoints throughout the year when data will be collected and analyzed to determine the student's progress toward the annual goal. Progress monitoring may occur quarterly, semi-annually, or at other specified intervals.

The person responsible for monitoring and reporting progress toward the annual goal is identified in the Goal section. This may be a special education teacher, general education teacher, a related service provider, or another designated professional. The person responsible verifies that data are collected, progress is tracked, and reports are shared with the IEP Team, including the parents. Names of specific staff members should not be included in this section as they may change during the IEP period, but IEP Teams should identify the person responsible by title or role.

Short-Term Objectives and/or Benchmarks:  If the current performance levels and baseline information are the starting points and the goals are the end points, then the objectives and benchmarks should be thought of as the steps between the starting and end points. Objectives break skills within the annual goal into discrete components, and benchmarks describe the amount of progress a student is expected to make within a specified segment of the IEP period. Benchmarks establish expected performance levels that allow for regular checks of progress that coincide with progress-reporting periods. Both lay out sequential, logical steps towards reaching the annual measurable goal. Depending upon the needs of the student and the makeup of the goal, the IEP Team may break down the goal into objectives, benchmarks, or a combination of the two.

Scheduling of progress reporting: Written progress reports are a component of ongoing communication between school districts and parents and must be submitted to parents of eligible students at least as often as report cards or progress reports are issued for students without disabilities.

13.  Participation in the General Education Setting:  To the maximum extent appropriate, students with disabilities must be educated with students without disabilities, and special classes, separate schooling, or other removal of students with disabilities from the regular educational environment should only occur if the nature or severity of the disability is such that education in regular classes with the use of supplementary aides and services cannot be achieved satisfactorily.

14.  Service Delivery:

Consultation: The consultation model in special education service delivery typically involves collaboration between special education professionals, general education teachers, related services providers, parents/guardians, and other stakeholders to meet the needs and IEP goals of students with disabilities. Here are some common components of the consultation model:

Observations and Assessments: Classroom observations and assessments help gather additional information about the student's learning environment and progress.

Problem-Solving and Action Planning: The consulting service provider engages in problem-solving discussions with general education teachers, parents/guardians, and other relevant stakeholders to develop action plans and interventions, as needed.

Recommendations and Support Strategies: The consulting service provider offers IEP Team members recommendations and support strategies to address the student's needs.

Training and Professional Development: The consultation model often includes training, classroom modeling, and professional development to enhance understanding and implementation of components of the IEP.

Direct Service in the General Education Classroom: Direct service in the general education classroom refers to the provision of specially designed instruction, services, or support delivered by staff members such as special education teachers, related service providers, etc. directly to students with disabilities within the general education setting.

Here are some key points about direct services:

Specially Designed Instruction: Direct services often encompass specially designed instruction tailored to address students' unique learning needs and challenges. This may involve strategies, techniques, or interventions designed to promote academic, social-emotional, or behavioral progress. Special education professionals may provide direct instruction in specific subjects, such as reading, math, or writing, using evidence-based practices and instructional methodologies.

Related Services: In addition to specially designed instruction, direct services can also include related services delivered by professionals such as speech-language pathologists, occupational and physical therapists, or counselors. These services support students in areas such as communication, motor skills, social-emotional development, and behavior management, contributing to their overall educational progress.

Progress Monitoring: Special and general education professionals regularly monitor students' progress during direct services. They collect data, assess learning outcomes, and adjust instructional strategies as needed to promote student growth and achievement. Progress monitoring helps track individual student progress and inform decision-making regarding instructional adjustments or intervention strategies.

Direct Services in Other Settings: In addition to direct services provided in general education classrooms, special education and related services can also be delivered in other settings outside of the general education environment.

Special Education Services in Other Settings: Students with disabilities sometimes require specially designed instruction and/or related services provided in settings outside of the general education classroom in smaller groups or individually. Special education professionals provide direct services in these settings, focusing on targeted skill development, remediation, previewing or reinforcement of academic concepts, or otherwise meeting the student’s unique needs outside of the general education classroom.

Related Services in Other Settings: Related services may be provided in designated therapy rooms or specialized spaces so that they can be provided more explicitly and intensively. Therapists work directly with students to address their specific goals, improve skills, and support their overall development.

Home-Based Services: In certain situations, special education and related services can be delivered directly in a student's home. This may occur when a student is unable to attend school due to medical reasons or when specific services, such as homebound instruction or therapy, are required. Special education professionals or therapists visit the student's home to provide direct services tailored to the student’s individual needs.

Community-Based Instruction: Community-based instruction involves providing direct services in real-life settings outside of the school, such as community centers, vocational training sites, or workplaces. Students receive instruction and support in practical skills related to independent living, socialization, vocational training, and community integration.

15.  Transportation Services: Many students with disabilities will get to school in the same manner as students without disabilities (see the first checkbox under Transportation Services section). This could range from walking to school to riding the regular school bus in the same manner as other students. In Massachusetts, this is ordinarily referred to as “regular transportation.”

Some students with disabilities may need transportation as a related service (see the second checkbox under Transportation Services section). In Massachusetts, this is ordinarily referred to as “special transportation.” As a related service, transportation can include travel to and from school and between schools, travel in and around school buildings, and specialized equipment (such as special or adapted buses, lifts, and ramps).

16. Schedule Modification: An eligible student may need a different duration to their school program, including the length of their day, year, or other schedule modifications to meet their individual needs. These modifications can be necessary for students who may require shorter or longer instructional periods, breaks, or a reduced or extended school day. Here are some common types of schedule modifications for students with disabilities:

Extended School Year (ESY): ESY is a way in which the duration of the school year might be changed for some eligible students. The IEP Team makes the decision about a student's need for ESY. ESY may be identified if the student has demonstrated or is likely to demonstrate substantial regression in learning skills and/or substantial difficulty in relearning such skills if an extended program is not provided. This decision is ordinarily based on data collected from various sources (e.g., progress reports, report cards, teacher observations, test scores). Each student's needs for ESY must be considered individually. For more information, please see this Question and Answer Guide.

Extended Day: The daily duration of the student's program is ordinarily equal to that of the regular school day, unless the IEP Team states that a different duration is necessary to provide a free appropriate public education to the student. Some students may require an extended school day to receive additional instructional time, related services, or other supports to make effective progress towards their educational goals, provide remediation, or accommodate the student's individual learning pace.

Staggered Schedules: Staggered schedules involve adjusting the start or end times of specific classes, subjects, or activities within the school day. This modification can be helpful for students who benefit from a more flexible or individualized approach to their daily routine. For example, staggering schedules can allow for personalized attention, therapy sessions, or other services without disrupting the student’s overall schedule.

Shortened Day: Some eligible students may benefit from a shortened school day due to factors such as fatigue, attention span, or medical needs. The specific hours or periods of the day that are shortened should be determined based on the student's unique needs. Since a shortened day results in reduced access to an education for the student, it is important that the IEP Teams carefully consider any such decision, including alternatives that may provide increased access to an education for the student.

When implementing schedule modifications, it is essential to involve the student's IEP Team. The IEP Team collaborates to determine the specific modifications needed, documents them in the student's IEP, and monitors the schedule adjustments.

17. Service Delivery for Extended School Year: If the IEP Team determines that an eligible student needs ESY services, this section of the IEP details the specific special education services that the eligible student will receive during ESY, including when, where, how often, and for how long.

18.  Extended School Year Transportation Services: After determining that a student with disabilities is eligible for ESY services, the IEP Team must carefully consider and document any transportation services needed by the eligible student for ESY.

19.  Additional Information:  In this section, the IEP Team may capture other relevant information and details that may inform the student’s educational experience, support the student’s well-being, and IEP goals.

20.  Response Section:  Immediately following the development of the IEP, and within 45 school working days after receipt of the parent's written consent to an initial evaluation or reevaluation, the district must provide the parents with two copies of the proposed IEP and proposed placement along with the required notice, except that the proposal of placement may be delayed according to the provisions of 603 CMR 28.06(2)(e) in a limited number of cases.

No later than 30 days after receipt of the proposed IEP and proposed placement, the parents will accept or reject the IEP in whole or in part; request a meeting to discuss the rejected portions of the IEP or the overall adequacy of the IEP; or if mutually agreed upon, accept an amended proposal; and accept or reject the proposed placement.

Upon parental response to the proposed IEP and proposed placement, the school district shall implement all accepted elements of the IEP without delay.

21. Placement Consent Form: This section indicates the placement of the student, whether in full/partial inclusion, substantially separate, or alternative programming.  This also includes an opportunity for parents/guardians to accept or reject placement as proposed by the team.

8C: Progress Reports

Progress reports are a mandated component of the IEP and must be provided to the family with at least the same frequency as district-based performance criteria, such as report cards.  Progress reports must contain hard data that is directly related to IEP goals and objectives/benchmarks.

Progress reports should be written by the service provider, with consultation amongst the team as needed.  Progress reports are sent home to the family as well as maintained in the permanent file at the Student Support Services office.

8D: AMENDMENTS

The IEP can be amended at any time if the child's profile and or goals need to be altered to reflect current levels of performance, or if new assessment information is obtained. The proposed amendment will be sent home for parent response prior to implementing changes to the IEP.  Additionally, at any point, a parent can reject a portion of the IEP, to include goals/objectives and/or services, etc. Please note that any team member can request that the team reconvene at any point to review student progress and make adjustments to the IEP.

9. Transition Services 

Beginning with the IEP cycle in which they will turn 14, student participation in the IEP process is required. Students are invited to this meeting and every IEP meeting from that point on. By participating in the meeting they are provided the opportunity to have input into the development of their IEP and to share their concerns and vision. This also provides them with the opportunity to develop insight about their disability and areas of need. Their participation should naturally evolve as they age, and if possible, students should eventually lead their IEP meetings.

Also beginning during the IEP period when a student will turn 14, transition planning is a necessary component to the development of the IEP.  lf the student is 13 at the time of the Team meeting and will turn 14 by the end of the proposed IEP, the transition planning form must be written and attached to the IEP. With student input, the IEP team considers the course of study and post-secondary activities in order to plan and propose transition services based on the student’s and team’s vision (as stated on IEP 1). The Team must also consider how the disability impacts the individual student’s ability to meet their vision and future goals, considering the student’s preferences and interests. Transition into adult life, and postsecondary and vocational life skills are also considered. Once a student has turned 14, the IEP must include a post-secondary vision statement as well as identify the transition services that support that vision.

The National Technical Assistance Center for Transition (NTACT) and the Center for Parent Information and Resources have produced a new resource entitled “Secondary Transition Considerations and Guiding Questions for Youth Exiting from High School.” This resource provides more information on the transition from high school to adult life.

10. Age of Majority

Notification requirements:

Federal special education regulations require that at least one year PRIOR to the student reaching age 18 the student and the parent must be informed about the rights that will transfer from the parent to the student upon the student's 18th birthday. The notification provided to both the parent and the student must explicitly state that all rights accorded to parents under special education law will transfer to the 18 year old student and that the parent will continue to receive all the required notices from the school district and will have the right to inspect the student's records, but will no longer make special education decisions for the adult student.

The Department recommends that school districts use the Parent's Notice of Procedural Safeguards (PNPS) to satisfy the notification requirement under the federal regulations. The PNPS currently provides the required information in Section 2.2.1. When the student turns 17 years of age, the school district should mail the annual copy of the PNPS to the parent and to the student accompanied by a cover letter that states that the student will assume all of the rights described in the PNPS once he or she turns 18 years of age. While there is no requirement that the student or the parent acknowledge that they have received this notice, school districts may find it prudent to document the provision of the PNPS and cover letter to both the parent and the student.

School districts may also use the IEP Team meeting conducted for the student who will be turning 17 as the appropriate time to provide such notice, as well as to answer questions that the parent or student may have. If the district chooses to use the IEP meeting for such notice, however, it must have alternate procedures in place to ensure that both the parent and the student receive the notice in the event that either is absent from the IEP meeting.

Notification is not required if the right to make decisions is not being transferred to the student at the age of majority. This will only occur if a court of competent jurisdiction has determined that the student is not competent and has appointed the student's parent(s) or another individual as a guardian with the authority to make decisions, including educational decisions, for the student. The parent's stated intent to proceed to court, or the presence of a temporary guardian, does not relieve the school district of its responsibility to notify both the student and the parent about the transfer of rights.

IEP Documentation Requirements:

Federal regulations also require that the IEP developed for the 17 year old student include "a statement that the child has been informed of the child's rights under Part B of the Act that will transfer to the child on reaching the age of majority." As this Department has previously indicated, such a statement should be included in the section on the IEP entitled "Other Information." School districts are not required to provide detail on the transfer of rights, but must state that the student has been informed that the right to make decisions about his or her special education will transfer to the student when he or she turns 18. Examples of appropriate statements include, but are not limited to:

• (Student's name) has been provided with a copy of the PNPS and has been informed that when he is 18, he will have all of the rights that his parent has now under the special education law.
• (School District) has provided (student's name) with a copy of the PNPS and has explained the transfer of special education rights that will occur when (student’s name) is 18 years of age.

Transfer and sharing or delegation of rights:

When a student turns age 18, all of the decision-making rights in special education that have been exercised by the parent transfer to the adult student, unless:

• a court has appointed a legal guardian for the student, or
• the student indicates that he or she wants to share decision-making with his or her parent (or other willing adult), or
• the student indicates that he or she wants to delegate decision making to his or her parent (or other willing adult).

If the student chooses to share or delegate decision-making, that choice must be documented and witnessed by representatives of the school district. The student may revoke sharing or delegation of decision-making at any time. If any disagreement arises related to special education decision-making, the choice of the adult student shall prevail.

When a student turns 18, the school district must affirmatively obtain consent from the student to continue the then-current program of special education services. A new IEP does not need to be developed solely because of the transfer of rights as long as the student is willing to continue the existing IEP services and signs the IEP. The student, however, has the same rights as the parent formerly held to accept or reject some or all of the IEP services and placement offered by the district. It is not acceptable for the district to wait until a new IEP is developed to seek consent for services from the adult student. Consistent with federal regulations and Department guidance on transition planning, the student should have been invited to attend and participate in IEP development since the age of 14. At a minimum, the student should participate in the IEP development meeting that occurs in the year prior to his or her 18th birthday. With proper notification and participation in IEP development the student should be prepared to assume his or her new responsibilities. Moreover, if required transition planning has occurred and the student has participated in the IEP development meetings, the student's preferences and interests will already have been considered and included in the IEP.

11. Chapter 688 Referrals

There are two methods by which students may be referred to adult agencies: direct or self-referral and the Chapter 688 referral process. A Chapter 688 referral is completed by the school in collaboration with the family to identify the need for support for adults with severe disabilities. This discussion may also take place during an IEP meeting and be documented accordingly in the IEP.  The goal of filing a 688 referral is to plan for adult services and establish linkages with adult agencies. As of September 2017, 688 referrals are only submitted electronically. Chapter 688 Guidance and Referral Forms can be found on the DESE website.

How to Make a 688 Referral
Only school systems can refer students that they believe may be eligible for adult services through Chapter 688. A 688 referral discussion should occur at the IEP Team meeting at least two years before the student is expected to graduate or turn 22, as part of transition planning.  A referral must be made at least 2 years before the student is expected to exit school. This 2 year planning period allows enough time for the agency to determine eligibility for adult services and to include the anticipated cost of services for the student in the budget request which is submitted to the Massachusetts Legislature each year. The 688 referral form must be signed by the parent, legal guardian, or by the young adult who is 18 or older. To make the referral, the school district must ask the parent, young adult, or guardian to sign the consent in order to send school records to the appropriate local human services agency (DDS, DMH, MRC, DCF, etc.), generally selected based upon the most reasonable match between the student’s disability support needs and the agency’s area of expertise. The human services agency must then develop an Individual Transition Plan (ITP) with the family, young adult, and school system personnel. ​

12. Placement

Placement decisions are the third step of a 3-step IEP process, preceded by eligibility determination and developing the IEP, with the IEP forming the basis of the placement decision. Once the Team has identified the student’s needs and required services, the Team decides which placement is appropriate to fully implement the IEP. The placement decision is based on the individual needs of each student from a full continuum of placement options. IDEA presumes the first placement option considered for all eligible students is in the school and classroom the student would attend if not disabled, with the implementation of the supports and services afforded by the student’s IEP. Students may not be denied education in age-appropriate general education classrooms solely because the student’s education requires modification to the general curriculum. The Team must always consider the unique needs of the student before making the final placement determination.  Other placement options should only be considered when the nature and severity of the disability would prevent satisfactory achievement within the general education environment.

The school district must work cooperatively with the Team to implement the placement determination. The final placement is made consistent with the IEP and least restrictive environment requirements. The Least Restrictive Environment (LRE) is the educational setting that provides the greatest exposure to an interaction with general education students and persons without disabilities.  IDEA states “to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” To that end, the Woburn schools strive to incorporate as much time in the general education setting as is appropriate for a given student based on their abilities and needs, with the ultimate goal of a full inclusionary experience for all students.  

In most cases the Team that wrote the IEP will decide the placement immediately after the IEP is developed. If the student’s needs and corresponding services are complex and the Team has exhausted all resources within the district, a subsequent meeting may be scheduled to consider options outside of the district and finalize the placement decision.  The out-of-district coordinator may join the team to discuss potential referrals.  When referring a student to a program that is outside of the district, the district makes every effort to explore public day programs that are more likely to be less restrictive than substantially separate private day programs.  Parents do not have the right to choose a placement, but rather placement is a team decision centered around the ability of programs to provide a Free and Appropriate Public Education. In all cases, the parent continues to be an equal participant in the Team process.

12A: Least Restrictive Environment and FAPE

The IEP should be considered a primary tool for supporting a student's involvement and progress in the general curriculum, identifying the supports and services necessary to mitigate the impact of their disability, and allowing the student to access a Free and Appropriate Public Education (FAPE). As defined by federal regulation, the general curriculum is the curriculum used with non-disabled children. A FAPE is a program where the child is expected to make effective progress. An IEP provides FAPE if it is reasonably calculated in a team process that is in compliance with federal and state standards, to provide the student with meaningful, measurable educational progress. All students, regardless of the nature or severity of the disability or their educational setting, must have access to and the ability to reasonably progress in the general curriculum.

The Least Restrictive Environment (LRE) is the general education setting.  When planning student programming, it is crucial that students are given access to the LRE with as much frequency as is appropriate for the student.  Removal from the general education environment must be justified by the student’s needs as defined in their IEP.  When considering a more restrictive program, it is important to do this systematically and incrementally, to the extent possible.  A student should almost never move from the general education setting to a substantially separate program, but should follow a clear path that shows the need for the more restrictive setting.

12B: Referral Process for District-Wide Programs 

Prior to the consideration of a more restrictive placement in a district-wide program, each staff member working with the student should, in accordance with 34 CFR 300.324 (Development, review, and revision of IEP), be reviewing the child's IEP regularly to determine progress towards IEP goals, and no less than annually to determine whether the annual goals for the child are being achieved.

Parent involvement should occur as a result of the following:

1. a student’s lack of effective progress;
2. results of any reevaluation conducted under §300.303 which requires a Team meeting;
3. information about the child provided to, or by, the parents, as described under §300.305(a)(2) which requires a Team meeting;
4. a change in a child's anticipated needs; or
5. other relevant issues of which the TEAM becomes aware.

Under the direction of the Student Support Services Administrator, the Team will review all components of the student’s IEP to determine if all attempts at supporting the child in the least restrictive environment have been implemented. Consideration must be given to the following:  

1. increased supports within school, including consideration of decreased time in general education setting;
2. use of flexible programming (using unique combinations of resources);
3. additional staff training;
4. the school, with agreement with parent/guardian, may seek consultation support of in-district specialists or outside consultants;
5. use of new/alternative specialized instructional materials;
6. the school, with agreement with parent/guardian, may request a FBA and possible creation and implementation of a positive behavior support plan if warranted;
7. communication with parents about concerns regarding child’s progress as well as open and ongoing documentation of response to changes and interventions.

These efforts may result in an amendment to the student’s current IEP. Parents must be made aware of the concerns and must be involved in the problem-solving process. As integral members of the Student Support Services Team, parents are kept apprised of all steps noted. Evidence of lack of student progress, and additional efforts made, will be shared with the Principal and Student Support Services Administration by the Team Chair. All efforts must be made to support students in the least restrictive environment prior to making a referral to an in-district program.

12C: Privately Placed at Parent's Expense

Parents may choose to enroll a child in a private school at their own expense at any time. Massachusetts’ special education law applies to all Woburn residents regardless of where they attend school. The school district must provide or arrange for evaluation, determine eligibility, propose an Individualized Education Program (IEP), and make services available to all eligible students who reside in the district, regardless of where they attend school.

Eligible students must be offered an IEP as developed by a Woburn IEP TEAM, written based on the student's needs, without regard to where the child will attend school. Parents may decline and/or terminate special education services altogether, and in this instance it must be formally documented in writing and acknowledged that if the family wishes to revisit special education services in the future they will begin the typical, “initial evaluation” process. If the family does not in writing formally decline/terminate the special education designation, the District has the responsibility to reconvene the TEAM to consider the IEP on an annual basis, even if IEP services have not been accessed.  The TEAM must review appropriate educational information and propose an IEP based upon student needs annually, and follow the usual re-evaluation processes to re-determine eligibility for services. Only if a parent formally terminates their child's special education services, in writing, will the student be withdrawn from special education entirely.

12D: Voluntary Termination from School Prior to Graduation/Age 22

Students over the age of 18 who are eligible for special education services who withdraw from Woburn Public Schools prior to graduation or reaching age 22 must be given the opportunity to access special education services in pursuit of their diploma. If at any time prior to their 22nd birthday, the student is interested in receiving special education services and working towards their diploma, they may contact the Woburn Student Support Services Department and request their file be activated. This information must be conveyed to eligible students at the time they withdraw from school, ideally through direct conversation. An Intent to Withdraw Form confirming this information is mailed to the student with a copy placed in the Central Office file at the time they leave Woburn Public Schools.  If a student formally withdraws/terminates from special education, in writing, they have the right to an initial evaluation should they wish to revisit special education services in the future.

12E: Graduation/Aging Out

Graduation, under IDEA-97, is considered a change of placement and therefore parents must be notified. Parents may be notified at the same time the IEP is written. However, if a school district chooses to notify separately from the proposed final IEP, the district must ensure that parents are notified in a reasonable amount of time before the proposed graduation date. Ideally, this notification occurs no later than in the fall preceding the proposed graduation.

Upon graduation or aging out, students receive a summary of performance. Best practice includes attaching the summary of student performance to an N1 indicating a termination from Special Education services.  

Graduation Requirements for Special Education Students

In accordance with M.G.L. c.71, s.1, a student with a disability who requires special education is entitled to receive publicly funded special education until s/he turns twenty–two or “attains a high school diploma or its equivalent,” whichever comes first. To receive a diploma, all Woburn students, including those receiving special education services, must meet the graduation requirements as outlined in the Woburn High School Course of Studies book in addition to passing MCAS.

Secondary Transition Services and Graduation with a High School Diploma

(Administrative Advisory SPED 2018-2: Secondary Transition Services and Graduation with a High School Diploma - Special Education)

13. Continuum of Student Support Services Services

In order to best meet the individual needs of students, the Woburn Public Schools provides the following programs for students ages 3-22. These programs service students with similar cognitive, communication, and social profiles using an integrated approach. As part of the Team process, the evaluation materials are reviewed, goals are developed, and a service delivery grid is completed reflecting an individual student's needs in an Individualized Education Program (IEP). When appropriate, a specialized program or classroom will be offered.  Please refer to the Woburn Public Schools Continuum of Student Support Services Services for more detailed information on each of our programs and support services.

*Please note, this is not an exhaustive list of services provided within the Woburn Public Schools. It is Woburn’s practice that services are determined by the IEP Team based on each individual student's needs and present levels of educational performance, including how the child’s disability affects the child’s involvement and progress in the general curriculum. Team recommendations include the involvement and input of parents and the student, together with general and special education personnel, in making individual decisions to support each student.

Early Childhood Program/Preschool (3-5 year old students)

The Woburn Early Childhood Program (ECP) is a district wide early childhood program which provides programming for children with special needs as well as neighborhood peers. The Woburn ECP is a program for children ages three-five years old. All classroom sessions provide developmentally appropriate curriculum experiences at the Shamrock and Reeves Elementary Schools.  Typically developing children serve as role models for children with disabilities in the skill areas of language, socialization, play and motor growth in our integrated model. All students must be three years of age and Woburn residents to enroll.

All Woburn ECP classrooms are staffed with special education teachers with advanced degrees and highly trained paraprofessionals. Direct support from related service providers including Speech/Language, Occupational, and Physical Therapists are an integral part of the program and their expertise benefits the global curriculum experience. A School Psychologist specializing in preschool age development, as well as a BCBA, are also part of the highly skilled staff. Woburn ECP classrooms utilize developmentally appropriate, language-based curriculum aligned with Massachusetts Preschool Curriculum Standards. Woburn ECP classrooms offer opportunities for children to develop friendship and to foster an understanding and acceptance of individual differences. An emphasis on the development of increased independence, language development, and play is integral to the structure of the program.

• Woburn Integrated ECP Classrooms: The integrated classrooms are located in the Shamrock and the Reeves elementary schools. These classrooms offer integration of children on IEPs with their neighborhood peers. A student’s IEP services are provided in an inclusive classroom.

• Substantially Separate ECP Classrooms: The substantially separate classrooms are housed at the Shamrock and Reeves elementary schools. These classrooms are staffed with a special educator and paraprofessionals to support students with significant cognitive, communication, medical, and/or social/behavioral challenges.

Elementary/Middle Schools (Grades K-8)

The Woburn elementary and middle schools provide a continuum of services to support the learning of Woburn’s students using an inclusion-based model. The most important component of supporting a student within our schools is the talented staff who work directly with our students. The Woburn Student Support Services staff consists of highly qualified teachers and specialized related service providers with advanced degrees, along with specially trained paraprofessionals. The level of services are determined by the level of student need and decisions about student program placement are made at the IEP team meeting and based on the IEP team process as described in Section 6 of this manual.

• Learning Center Support

• Woburn Assessment Center

• The Language Based Center-LBC (LEAP at Joyce):

• Specialized Programs:

• GAIN - Great Achievement, Individual Needs (Currently located at the Goodyear School, Kennedy Middle School) :

• SOAR- Structured Opportunities for Academic Readiness (Currently located at the Altavesta, Kennedy Middle School)  

• PALS- Promoting  Academic Through Life Skills (Currently located at the Reeves Elementary and Joyce Middle Schools): 

• RISE I  Reaching Independence through Structured Environments (Currently located at the Shamrock Elementary, Joyce Middle School): 

• RISE II- Reaching Independence through Structured Environments 2 (Currently Located at The Hurld Wyman Elementary, Shamrock Elementary, and Joyce Middle School)

Woburn Memorial High School

Woburn Memorial High School uses an inclusion model, and offers a broad continuum of services for students with educational and other needs resulting from a number of given disabilities.  WMHS strives to educate students in the least restrictive environment and integrates transition planning into service delivery for all students beginning at age 14. The continuum of services at WMHS is always evolving to meet the needs of the student population and currently includes the following supports and programs:

• Learning Center:

• Specialized Programs:

• RISE I  Reaching Independence through Structured Environments

• RISE II- Reaching Independence through Structured Environments 2

• GAIN - Great Achievement, Individual Needs:

• SOAR- Structured Opportunities for Academic Readiness   

• TASC - The Academic Support Center: 

• The Language Based Center (LEAP):

• Transitional Education Program and the Launch Program: The  Transitional Education and Launch Program provides support for our students in the areas of communication, with a focus on the academic and life skills that are necessary for full participation in the community as an adult.

Transitional Education and Launch Programsstudents present with a wide range of diagnostic criteria including but not limited to Autism Spectrum Disorder, Communication Disability (expressive and receptive language deficits) , Intellectual Impairment, lagging emotional regulation/social skills, adaptive/behavioral challenges.

14. Discipline of Student with Disabilities

These policies and procedures are written in accordance with MA Board of Elementary and Secondary Education Special Education Law 603 CMR 53.00 and Federal Law IDEA Chapter 33 Section 615(K) and utilizing the MA DESE Disciplinary Flowchart.

Federal Law IDEA Section 615(K) states that “school personnel under this subsection may remove a child with a disability who violates a code of student conduct from their current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days” (IDEA 615(K): 1B). For full text of these laws, please refer to the following links:

MA 603 CMR 53.00 ;  IDEA Chapter 33 Section 615(K)

In general, all students are expected to meet the requirements for behavior as set forth in the student handbook and the school’s code of conduct. Disciplinary decisions are the same as for students without disabilities. Any student with a disability may be suspended for up to ten (10) days during a school year, with the understanding that a student with a disability cannot be subjected to a disciplinary change of placement if his/her misconduct was caused by, or was related to, his/her disability. A disciplinary change in placement occurs when a student is suspended in excess of ten (10) consecutive school days or subjected to a pattern of short term suspensions in excess of ten school days which constitute a pattern of removal.

If the misconduct includes possession of a weapon or controlled substance, if the student has inflicted serious bodily injury on another person, or if the principal determines that the student’s continued presence in school would have a substantial detrimental effect on the general welfare of the school, then different rules governing emergency removal from school will apply. (MA 603 CMR 53.01) Under these circumstances, the TEAM may place your child in an interim alternate educational setting (IAES) for up to forty-five (45) school days for the purpose of conducting an evaluation to determine the potential need for additional supports/services. Your child may remain in this interim alternate setting for a period of time not to exceed forty-five (45) school days. During this time, the child will continue to be eligible to receive specially designed instruction, services, and accommodations/modifications as outlined in the IEP. Thereafter, your child will return to the previously agreed upon placement unless a hearing officer has ordered another placement, or you and the school agree to another placement.

In all events, suspension of more than 10 school days is subject to special rules and limitations when the student is disabled under either the IDEA or Section 504. Further, districts must continue to provide a free appropriate public education to IDEA-eligible students with disabilities who have been suspended for more than 10 school days or expelled.  

Should suspensions exceed 10 days within a given school year, this constitutes a “change of placement” and a Manifestation Determination meeting must be conducted prior to the 11th day of suspension in order to determine whether the conduct giving rise to discipline was a manifestation of the student’s disability or the result of the district’s failure to implement the IEP.

14A: USE OF RESTRAINT AND TIME-OUT

As outlined in MA 603 CMR 46 and clarified in the DESEs Advisory Sept. 2021 on Time-Out and Seclusion, the use of seclusion in schools is strictly prohibited.  The use of restraint and time-out are permissible under very specific conditions. Here is a copy of the Reporting Requirements for Physical Restraints and Time Outs.

The Woburn School Department utilizes Safety-Care. Only staff members who are trained in these procedures are permitted to use restraint on a student.  Restraint is to be used only in an emergency and only when there is significant risk of harm to a student or staff member that cannot be avoided without the use of restraint.  Restraints must always be terminated as soon as possible, and an incident report must be completed before the involved staff leave the building for the day.

Under some circumstances, a time-out room may be utilized in lieu of restraint.  A time-out can be used as a preventative measure or as a response to a behavioral occurrence.  When a student is utilizing a time-out room, they must be continuously monitored and supported in the use of a calming strategy so that they are able to return to instructional time as soon as possible.  Please see the Woburn School Department’s Public School Policies page for specifics regarding current practices within the district.

14B: INCIDENT REPORTING

MA 603 CMR 46 describes and outlines the requirements around the use of restraint as well as the reporting requirements thereafter.  Based on this state regulation, incident reporting is required for any incident that involves the use of restraint or injury to a student or staff member.  Incident reports must contain specific information regarding the details of the restraint as well as the details pertaining to the events that led up to and that followed the use of restraint.

Woburn School District goes above and beyond the state reporting requirements, in order to ensure that we are meeting the needs of our students and responding appropriately to incidents that involve unsafe student behavior.  Woburn’s policy indicates the need to document any significant incident involving a student, including incidents of elopement, physical altercations, significant property destruction, and incidents that lead to the use of a time-out room.  Additionally, all time-out room use must be documented in a log that is kept next to the time-out room and which is submitted at least weekly to the building principal for review and data collection.

14C: Manifestation Determination

Parents will receive notice of the manifestation determination meeting as soon as possible before the meeting takes place. The notice will include the purpose, time, location and attendees. The parent/guardian maintains the right to bring outside providers to participate, but must notify the district in advance if they are accompanied by an attorney to allow time for the district to arrange representation as well.

The IEP Team, including “all relevant members” as decided by the school district and the parent, will meet and review all of the relevant information in the student’s file, information pertaining to the disciplinary incident, and any relevant information provided by the parent in order for the Student Support Services team to make the manifestation determination.  This process includes the use of the Manifestation Form and follows the processes outlined in the DESE Chart that addresses the discipline of special education students under IDEA.

Should the determination be made that the conduct was a direct result of the district’s failure to implement the IEP, the district must take immediate steps to review and remedy those deficiencies.

Should the determination be made that the conduct is a result of the student’s disability:

• An FBA (Functional Behavioral Assessment) and/or a review of an existing Behavioral Intervention Plan must be conducted.
• The student returns to school prior to the 11th day, unless the conduct meets the criteria for a unilateral removal or the school district obtains parental consent or a Hearing Officer’s order, or a temporary restraining order.
• A student with a disability may be placed in an IAES (Interim Alternative Educational Setting) upon the recommendation of the Team and the consent of the parent/guardian (or the student if he/she is 18+).

Should the determination be made that the conduct is NOT a result of the student’s disability:

• The principal may impose sanctions applicable to all students.
• The principal must provide FAPE, as determined by the IEP Team, for students on IEPs as of the 11th day of removal.
• There is no obligation to provide FAPE for 504 students although they have the right to an opportunity to make academic progress during the period of exclusion.
• Stay Put Rights: A student remains in disciplinary placement pending expiration of the disciplinary sanction or until decision from a Hearing Officer.

When a parent(s)/guardian(s) disagrees with the Team’s decision on the manifestation determination or with a decision regarding placement, the parent(s)/guardian(s) has a right to request an expedited due process hearing from the Bureau of Special Education Appeals. Information regarding the process for this can be found in the Discipline of Students with Disabilities Chart.

15. Parents Rights and Due Process

Districts issue a Notice of Procedural Safeguards to parents when a student has been referred for an evaluation or is currently receiving special education services. Parents will receive this Notice at least once each year if the student is identified as eligible for special education.  Parents can also request a copy from the school district at any time or access the information on the Department of Secondary and Elementary Education (DESE) website.

Parent's Notice of Procedural Safeguards - Special Education

Guidelines for Observations

15A: Mediation

The Bureau of Special Education Appeals (BSEA) offers special education mediation as an alternative to a due process hearing at no cost. Mediation occurs when school personnel and parents disagree about the educational needs of a student. To request a mediation, contact your Student Support Services  director, and if the district is in agreement to participate, the district will coordinate a mediation date with the BSEA. The mediator will then help both parties resolve the dispute with the goal of a written mediation agreement. The links below provide more information on the mediation process:

15B: Due Process Hearings

Many disputes between parents and the school district about a child's special education services can be collaboratively resolved by talking through disagreements and or mediation. When disputes cannot be resolved, the formal Due Process hearing procedure may be utilized (as further detailed in PNPS 6.4). This is a legal process where a neutral and impartial hearing officer listens to both sides of the dispute, hears testimony, examines evidence, and makes a decision. This hearing is convened by the BSEA and is called a due process hearing, often (but not always) with involvement of attorneys. The BSEA hearing officer is trained in Student Support Services law and must not have any personal or professional connection to you or anyone else who is involved in the disagreement.

603 CMR 28.00: Special Education - Education Laws and Regulations

16. Family Educational Rights and Privacy Act (FERPA)/ Student Records

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

• Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
• Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
• Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

• School officials with legitimate educational interest;
• Other schools to which a student is transferring;
• Specified officials for audit or evaluation purposes;
• Appropriate parties in connection with financial aid to a student;
• Organizations conducting certain studies for or on behalf of the school;
• Accrediting organizations;
• To comply with a judicial order or lawfully issued subpoena;
• Appropriate officials in cases of health and safety emergencies; and
• State and local authorities, within a juvenile justice system, pursuant to specific state law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

Student Records

• Regulations / Process:
  A student’s Student Support Services file is part of his or her temporary student record during the time that the student attends school and, as such, is subject to regulation under Massachusetts and federal student record and special education statutes. Although the temporary record can be given to a parent/student when the student graduates or withdraws from school, or when special education services are terminated for other reasons, often such records are needed to comply with state or federal audit requirements or for special education litigation. Records older than seven years are shredded, following proper notice to families, if a family/student declines to pick them up within a specified and reasonable timeframe.

• Confidentiality: Access to Records by Authorized School Personnel—Parents and Eligible Students:
  Student records can be accessed by authorized school personnel, parents, eligible students (students who have reached the age of fourteen), and clerical personnel (for clerical purposes). School personnel should also be mindful of the fact that authorized school personnel excludes staff that provide no direct/indirect services to the student.  Those persons are considered third parties and can only access student record information after receiving written consent from the parent or eligible student.  Authorized school personnel include employees of educational collaboratives and other professional staff who are working with students under agreement between the school district and a service provider.
  
• Teachers’ Personal Notes and Protocols:
  Personal notes and logs maintained by school personnel may be considered as “personal” and are not subject to disclosure to the parent or student, so long as they are not shared with other school personnel. Once these reports are shared with other school personnel, they may become part of the student’s record. Personal files of school employees may be shared with a temporary substitute, without making the file part of the student record. Staff emails are not made part of the student record.
  
• Confidentiality:
  Except where regulations specifically authorize access by third parties, no individuals or organizations other than the parent, eligible student, and school personnel working directly with the student are allowed to have access to information in the student record without the specific, informed, written consent of the parent or eligible student.  Each Student Support Services  file within the Student Support Services central office and the building-based Student Support Services offices utilizes a student’s temporary record log to document access to each student’s file.

Should there be a need to share records between school-based staff and outside providers, this must be authorized by the parent/guardian and a Record Release Form must first be completed and signed.  This remains in the student file.

• Lunch Room:

Lunch room or uninvolved colleague discussions of specific children is inappropriate.  Parents and/or other parties may overhear conversations in the Teacher’s Room, hallways, or other areas of public access. As a result, when personnel are concerned about a child and need consultation, the school administrators or Student Support Services liaisons and team chairs will provide a confidential forum for such discussions.

• Authorized personnel:

Authorized personnel, parents, eligible students and clerical personnel (for clerical purposes) may access student records. In divorce or separation situations, the parents generally share equally the right to their child’s record access, unless one parent presents the school with a court order prohibiting the other parent access. If you have questions about this process please contact the school principal.

• Computerized and faxed records:

Computerized and faxed records are subject to the same restrictions regarding confidentiality as any other form of student record.

• Teacher and counselor recommendations:

These are part of the student record and are subject to the same regulations in terms of disclosure as are all other parts of the student record unless the recommendation specifically provides that it shall remain confidential and the student agrees in writing.

• To Request a Copy of Your Child’s Special Education Record

The Woburn Public Schools would be happy to provide a copy of your child’s Special Education Record upon request.  Please note that there is a fee of five cents per page in accordance with state and federal law.  You will be notified of a fee estimate in advance of making the copies and again when the record copy is ready for pickup in the Special Education Office.  Payment must be provided in the form of a check made out to the Woburn Public Schools or EXACT cash (no change can be provided; payment must be exact.) We do not accept credit card payments.  This fee will be waived when it would effectively prevent a parent/guardian/eligible student from exercising their right to inspect and review the records.  To request a file copy please complete the form linked here.

• To Request an Inspection of Your Child’s Special Education Record

The Woburn Public Schools would be happy to schedule a time for you to inspect your child’s Special Education Record upon request.  To request a file inspection please complete the form linked here.

17. Translation

Woburn is a welcoming and diverse community.  We are very proud of our students and value the many different cultures that make-up our community. The Woburn Public School District is required to provide translation services for students and families whose native language is not English. These services may include providing interpreters at team meetings and preparing translated documents for the parent(s)/guardian(s). All Student Support Services documentation that is sent to the home may be translated for a student and family. This may include, for example, N1s, Evaluation Consent Forms, Meeting Invitations, assessments, and Individual Educational Programs. Please note that through the registration process the parent(s)/guardian(s) is required to complete a Home Language Survey that identifies which languages are spoken at home. This information is critical to ensuring that the Woburn Student Support Services staff is aware of any language needs and can then provide access to the special education process. We use Language Line which is an on demand service available in many languages just by calling 1-833-341-1882.  See the links below for more information.

Language Line Instructions

Quick Reference Language Line

18. Recording in Woburn Public Schools

Other than as mandated by law, the Woburn Public Schools prohibits audio and/or video recording of parent/teacher conferences and other meetings and interactions with District personnel in school facilities.  This policy was voted by the Woburn School Committee on April 16, 2020.

Exceptions to this policy will be made only where a parent/guardian or student is able to demonstrate that the audio recording of a meeting is necessary to ensure the parent's/guardian's or student's full understanding of the proceedings or to otherwise accommodate a parent's/guardian's or student's documented disability. Videotaping of individual student or parent conferences and other meetings or interactions with District personnel shall be strictly prohibited.

Requests by a parent/guardian or student for authorization to audio, video and/or stenographic record a meeting or conference with District personnel shall be submitted in writing to the Superintendent of the Woburn Public Schools no less than three (3) business days prior to said meeting/conference. In the case of a request based on disability, the Superintendent will consult with the District's Section 504 and Americans with Disabilities Act Coordinator as appropriate. The Superintendent's decision on any such request shall be final. Any individual permitted to audio record the meeting/conference shall be responsible for providing his/her own recording device.

We hope you have found the information in this Student Support Services Manual useful and informative.  Should you have questions at any time, please do not hesitate to reach out to your identified Team Chairperson. We look forward to working in partnership with our Student Support Services families in support of the children of Woburn.