Back to School – Some Things to Have in Your Knapsack
By Daniel T.S. Heffernan, Esq.

Originally written for the Federation for Children with Special Needs September 2011 Newsline, identifying some important considerations for parents approaching the new school year.

In addition to shopping for the kids’ latest fashions, a new lunch box, and those cool markers, here are a few items for the back-to-school backpack for parents of students with special needs:

Bullying Prevention: The new Massachusetts Anti-Bullying Statute, General Laws Chapter 71, Section 37O, requires schools to develop and provide parents with a written plan to address bullying prevention and intervention. The plan must provide bullying prevention and intervention training for teachers and students in each grade. School districts must also inform parents of both the victim and the perpetrator of any instances of bullying. If a child has a special need or disability that affects social skills development or makes that child vulnerable to bullying, the Team is required to include skills and proficiencies needed to avoid and respond to bullying in the IEP. Ask for your school’s written policies on bullying prevention; consider whether your child’s IEP should specifically address issues around bullying; and, be vigilant about any instances of bullying lest they escalate into major problems.

Thinking About What’s Next Already? While all parents wonder about their kids’ futures, parents of children with special needs invest a tremendous amount of energy worrying, planning, and investing in their children’s futures. Acknowledging the importance of long-term planning, Massachusetts requires that transition planning begin when a student turns fourteen. It is your right to have meaningful and comprehensive transition planning and services for your child; there are many great ideas and programs emerging in the areas of transition. Attend a workshop on transition (the Federation has excellent ones offered throughout the year). Ask for, or independently obtain, appropriate evaluations, such as vocational assessments, that allow you to craft an appropriate post-school vision for your child and obtain the services necessary to make that vision a reality. Since children are eligible for special education services until they graduate from high school or turn 22, you may want to hold off on accepting a high school diploma if your under 22 child does not have the necessary skills to successfully transition out of school. There has been a boom in transition programs and you should explore private programs or push your school district to provide an appropriate one for your child. Many school districts have hired transition specialists, vocational experts, and the like to focus resources on developing or improving their homegrown transition services motivated, in part, by the desire to avoid having to fund outside placements.

Not Getting the Services You Were Expecting? Unfortunately, when school opens, some parents are greeted with the news that their child will not be getting the services called for on the IEP. This frequently occurs when a therapist has quit and not been replaced, or the home service provider, for various reasons, has failed to provide all the agreed upon hours. It is important to keep an accurate record of the amount of services missed. Make every effort to work cooperatively with the school district to make up those missed services. Sometimes it benefits both the school and student to make up hours during vacation time. It is your child’s right to have those services made up. In certain circumstances and with proper advance notice to the school district, you have the right to find another service provider and be compensated for the cost. If the services are reasonable and comparable to what the school district was to provide, school districts have been ordered to compensate parents for those costs.
Take a Look for Yourself: It is well established that parents, their experts, and evaluators, have the right to observe any current or proposed program for their child. Access must be timely and sufficient to allow parents or their designee a meaningful opportunity to assess the program. A first hand look is invaluable in determining how a student is actually doing in a program, and for providing suggestions for changes to the student’s program. Observations made early in the school year allow the modifications to be implemented early so the student obtains the maximum benefit.

Keep this knowledge in your backpack. Best wishes for a successful 2011-2012 school year.

Daniel T.S. Heffernan is member of the Federation’s Board of Directors and a partner at Kotin, Crabtree & Strong where he concentrates on special education and civil rights law. Contact him at dheffernan@kcslegal.com.