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A Principal’s Role and Special Education in Massachusetts

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Goal of This Presentation

To provide information regarding general and special education laws and regulations to assist you in integrating the various components of your role as principal.

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How Did We Get Here?

June 1993 Education Reform Act
June 1997 IDEA Reauthorization
March 1999 IDEA ‘97 Regulations
Summer 2000 Changes to the Massachusetts state special education law through outside budget sections in the FY2000 Budget
January 2001 Massachusetts final Special Education Regulations
January 2002 - No Child Left Behind Act
December 2004 IDEA 2004 Reauthorization
October 2006 IDEA 2004 Regulations

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This is background information to enable you to understand how

regulatory changes have impacted your world.

The Education Reform Act of ‘93 and IDEA ‘97 compliment each other. Ed Reform provided Curriculum Frameworks, the general curriculum, MCAS, which is individual assessment of knowledge of the curriculum, and accountability of the schools. IDEA provides for access to the general curriculum, and participation in state and district wide assessments for all special education students.

NCLB and IDEA 2004 have placed greater emphasis on the results for ALL students, and the role of general education with ALL students

The Massachusetts Special Education Regulations define the role of the Principal in Special Education.

Previously, in practice special education and general education were treated as separate worlds. In order to promote the most effective outcomes for all children special education must be treated as an integral part of school life and as one of the services that supports general education.

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The Principal and� Massachusetts Special Education Regulations�(603 CMR 28.00)

28.01 Authority, Scope and Purpose
28.02 Definitions
28.03 School District Administration and Personnel
28.04 Referral & Evaluation
28.05 The Team Process & Development of the IEP
28.06 Placement Types & Service Options
28.07 Parent Involvement

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Coordinate

with

Special Education Administrator

Be Involved in the

IEP Process

Develop

Instructional

Support Services

Implement

Professional

Development

Requirements

Administer

Home or Hospital

Educational Services

Selected Components of the Principal’s Role

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District Professional Development Plan �(Updated August, 2000)

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School districts are required annually to adopt and implement a professional development plan for all principals, teachers, other professional staff employed by the district, and school council members.
The plan must identify specific content to be addressed, including training in the teaching of the curriculum frameworks and other skills required for the implementation of the Education Reform Law, including participatory decision making and parent and community involvement (Massachusetts General Laws, Chapter 71, Section 38Q).

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District Curriculum�Accommodation Plan�(DCAP)�

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Section 38Q½. A school district shall adopt and implement a curriculum accommodation plan to assist principals in ensuring that all efforts have been made to meet students' needs in regular education. The plan shall be designed to assist the regular classroom teacher in analyzing and accommodating diverse learning styles of all children in the regular classroom and in providing appropriate services and support within the regular education program

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District Curriculum Accommodation Plan

DCAP, an educational activity for the general education program
A systemic plan rather than an individualized student plan
To assist Principals in ensuring that all efforts have been made to meet students’ needs in general education

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Assistance to general education classroom

teachers, such as professional development

Support services that are available to students through the general education program, including services to address the needs of students with disruptive behavior
Direct and systematic instruction in reading

for all students

Encourages teacher mentoring

and collaboration

Encourages parental

involvement in their children’s

education

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Building Based Support Team

could be a DCAP component!

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28.03(3) The principal shall implement the plan developed and adopted by the district to ensure that efforts have been made or will be made to meet the needs of diverse learners in the general education program. As part of his/her responsibilities, the principal shall promote instructional practices responsive to student needs and shall ensure that adequate instructional support is available for students and teachers. Instructional support shall include remedial instruction for students, consultative services for teachers, availability of reading instruction at the elementary level, appropriate services for linguistic minority students, and other services consistent with effective educational practices and the requirements of M.G.L. c. 71B, § 2.

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The principal may consult with the Administrator of Special Education regarding accommodations and interventions for students. Such efforts and their results shall be documented and placed in the student record. Additionally, if an individual student is referred for an evaluation to determine eligibility for special education, the principal shall ensure that documentation on the use of instructional support services for the student is provided as part of the evaluation information reviewed by the Team when determining eligibility. .

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Instructional Support For the Individual Student

Jill is a general education student who has not

mastered the concept of long division. The

School Based Support Team

recommends the teacher give

Jill individual help in long

division for a couple of weeks.

It is documented in Jill’s

cumulative folder that she

received the help and has now

mastered long division.

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Coordinate with the� Special Education Administrator�603 CMR 28.03 (3)(b)

The Principal with the assistance of the

Administrator of Special Education shall

coordinate the delivery

and supervision of

special education

services within

each school building.

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Educational Services in Home or Hospital �28.03(3)(c)

Any student enrolled in a public school
Students enrolled in a private school who are eligible for Special Education
Physician's order
Out of school not less than

14 days in any school year

Arrange educational services
Not Special Education unless student

is eligible and services are IEP Services

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Although arranging educational services for students at home or in the hospital was previously a responsibility of the Special Education Administrator, it now comes under the purview or the Principal as cited in the new Massachusetts Special Education Regulations .

Services are required for any student, not just special education students, enrolled in a public school who has a physician’s written order to remain at home and/or in hospital for a period of not less than fourteen school days in any school year. This requirement also applies to private school students who have been found eligible for special education.

The fourteen days are not required to be consecutive.

Services are to be provided with sufficient frequency to allow the student to continue his/her educational program. The Principal makes a determination of what is appropriate for each student. There is no minimum nor maximum required services/time. The Principal needs to consider the impact of the absences on the student’s progress in the general education program.

Reminder: Collaborate with the Special Education Administrator for special education students.

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Why the Principal?

The Principal will be

the first to hear about

students with

prolonged absences.

Educational tutoring services

are not considered special

education unless the student

has been determined eligible

for special education and the

services are according to the IEP

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George

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George is a fourth grader enrolled in a public school who is scheduled to have corrective back surgery and is expected to be out of school for at least a month.

The Principal decided, after consultation with George’s classroom teacher, that George will require tutoring for four hours a week in order for him to not fall behind his classmates.

Now we will discuss three examples that may provide guidance for Principals when making appropriate decisions regarding home/hospital educational services.

Our first example is George, a non-disabled, fourth grader.

The Principal needs to consider the following in order to make an appropriate decision:

What might be the impact of George’s absences on his progress in class?

Will George be able to study while recuperating or will he be incapacitated?

Can services be provided to George prior to his absence?

Consultation with the classroom teacher regarding the material

George will miss will enable the Principal to determine the

appropriate service.

Note, services provided to George are not special education services, in this example.

(If there are any questions related to who pays for these services the questioner should be referred to his/her local district.)

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Tianna

Tianna is an eighth grade student who receives special education services. She is out of school three days each month for dialysis treatment.

The Principal decided, after consultation with Tianna’s key teachers and the

Special Education Administrator, that Tianna does not require additional educational services due to her absences. The teachers will provide her with work prior to her absences in order to prevent her from falling behind her classmates.

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Julio

Julio is an eleventh grade student who receives special

education services in reading. Julio will be absent from

school for four weeks while he convalesces from an

operation on his shoulder.

The Principal decided, after consultation

with Julio’s key general and special

education teachers and the Special

Education Administrator, that Julio

will receive one hour per day of

special education services and three

hours per week of general education services.

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The Principal and the Special Education Process

Are you the Team Chairperson?
Do you participate in supervising the special education staff?
Do you interact with students who have disabilities and their parents?
Do you coordinate with the Special Education Administrator?

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Federal & State Special Education Laws

Parent and Student Participation
Free and Appropriate Public

Education (FAPE)

Appropriate Evaluation
Individualized Education Program (IEP)
Least Restrictive Environment (LRE)
Procedural Safeguards

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Parent and� Student Participation

Involvement in decision making
Involvement in planning educational goals and services
Consideration of the concerns of the parent and/or the student

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Principals know that parent involvement and participation in the life of the school fosters student success, as well as a positive ongoing relationship with the school. Likewise, the IEP process is built on parent and student participation.

Therefore, if you chair the Teams in your building or even if you don’t, you’ll want to know more about fostering parental and student involvement.

The parent/student is an integral part of the Team when it

discusses eligibility, IEP and placement.

The Team meeting needs to be at a mutually

convenient time for the parents/students and the other team

members.

For parents difficult to reach, multiple attempts in various

formats need to be made and documented.

If the parent/student is not able to participate in the Team

meeting, the district is required to use other methods e.g.,

phone conferencing to obtain their input.

Procedural safeguards also have significant protections for parent and student participation most particularly regarding consent. There will be more on procedural safeguards in a later slide.

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‘free and appropriate public education’

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Appropriate Evaluation

Assessment in all areas related to suspected disability (required on initial & 3 year evaluation)
Individualized assessments
Non-discriminatory assessments
Evaluation in the native language

or mode of communication

A variety of tools and strategies,

including information provided

by the parent

Participation in State and District-Wide

Assessments

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Principals will want to know the components of an appropriate evaluation when responding to parent concerns or questions regarding their child’s evaluation. This information will also be valuable when consulting with staff regarding a particular child.

The following is true for initial or 3 year re-evaluations:

Evaluation of a student in all areas of suspected disability is one critical aspect of the needed evaluative information. The evaluation process should be sufficiently comprehensive and individually child driven.

One aspect of an appropriate evaluation is the use of fair, responsive, and comprehensive assessments.

No single procedure should be used as the sole criterion for finding a student eligible or ineligible for special education. Sound comprehensive evaluations use a variety of assessment techniques, formal and informal, such as observations, surveys, interviews as well as diagnostic and normed tests.

For limited English proficient students, the district must assure that the students’ lack of proficiency in English is not confused with disability. This may require assessment in the native language of the student. This is an example of fairness.

All students, including those with disabilities are required to participate in state (MCAS) and district wide testing according to federal and state law. The results of these assessments should be included with the information the Team will consider.

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The law provides that the Team develops an

Individualized Education Program (IEP) in written form.

The IEP shall include specially designed instruction to meet the needs of the individual student and related services that are necessary to allow the student to benefit from the specially designed instruction, or may consist solely of related services that are necessary to allow the student to access the general curriculum, consistent with federal and state requirements.

[603 CMR 28.05 (4)(a)]

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Least Restrictive Environment (LRE)�603 CMR Section 28.06 (2)(c)

The school district shall ensure that, to the maximum

extent appropriate, children with disabilities are educated

with children who do not have disabilities, and that

special classes, separate schooling, or other removal of

children with special needs from the

general education program occurs only

if the nature or severity of the disability

is such that education in general

education classes with the use of

supplementary aids and services

cannot be achieved satisfactorily.

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The Principal will want to know and understand the principle of Least Restrictive Environment in order to support the general educators in his/her building who have students with disabilities in their classes.

LRE can be achieved through a well developed DCAP and professional development plan, which then helps educators to respond to the diverse needs of learners.

IDEA –97 strengthened this principle even more by saying that no child should be removed from the general education classroom just because of needed modifications in the curriculum.

First, consider what aids and services would help in the general

education classroom.

Allow for removal only if necessary for student progress.

Ensure that students with disabilities associate with typical peers

to the maximum extent appropriate.

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Procedural� Safeguards

Right to written notice
Right to consent
Right to dispute or disagree with school and district actions; and
Right to due process including mediation, appeals or court actions
Districts cannot request a hearing to dispute a parent’s refusal to consent to an initial evaluation or initial program placement.

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Yes, these components of the special education process are the responsibilities of the Special Education Administrator. However, the Principal will want to know about parental and district safeguards in order to more effectively coordinate with and support the Special Education Administrator.

Procedural safeguards apply both to parents/students and to school districts. Parents have considerable rights to agree or disagree with proposals of the school district and also have the right to make proposals themselves.

These procedural safeguards also apply to the district in that the district has the right to propose the plan they believe is appropriate.

The district also has the right to due process when the parent refuses the plan. But the district’s rights do not extend to disputing parental refusal for initial evaluation or placement.

Reference Parents’ Rights Brochure.

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FYI

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When a student is referred for Special Education�603 CMR 28.03(3)(a)

…the principal shall ensure that

documentation on the use of

instructional support services

for the student is provided as

part of the evaluation

information reviewed by the

Team when determining

eligibility.

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Determining Eligibility for Special Education

Does the student have one or more of the disabilities identified in regulation?
Is the student making effective progress in school? Is the lack of progress a result of the student’s disability?
Does the student require specially designed instruction and/or related services necessary to access the general curriculum?

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Disability Types

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Autism

Developmental Delay

Intellectual

Sensory

Hearing
Vision
Deaf-Blind

Neurological

Emotional

Communication

Physical

Specific Learning

Health

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It is not the disability alone. It is the disability as a causal factor to

the lack of effective educational progress.

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Special Education is a Service, Not a Placement

Special Education is:

Specially designed instruction which is a modification of:

content
methodology/

delivery of instruction

performance criteria

and/or a related service

necessary to access the

general curriculum

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Placement

Team identifies the type of placement
Placement is based on the needs of the student as reflected in the IEP
Placement is decided after the IEP is developed

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Special Education �Progress Reports

Progress reports are required at least as often as general education students receive academic progress reports.

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At age 18 students are adults under

Massachusetts law. All the rights that

parents had are now the student’s rights.

The school must obtain student consent to

continue. Do not wait for the IEP annual

review date.

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This will be of particular interest to high school Principals because

of the possible ramifications of the decisions made by the adult student.

The law requires that students and parents are alerted to the up- coming change in the decision making authority a year in advance of the student turning eighteen.

When a student turns eighteen, the parent’s decision making rights transfer to the adult child unless the court has appointed a legal guardian. The student may choose to share decision-making with his or her parent or may choose to delegate continued decision-making to his or her parent or other willing adult [603 CMR 28.07(5)].

There may be cases where a student is so seriously disabled that he or she cannot make his/her intent clear and for whom the parents have not obtained guardianship. In these cases we suggest that the district consult with their legal staff regarding continuing or discontinuing special education services.

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In Conclusion

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PRINCIPAL

Even more information is just a click away: www.doe.mass.edu/sped