Dan Ahearn

Assuming that a child is eligible for special education services and that evaluations have been conducted to assess a child's disability and his or her strengths and weaknesses, the TEAM must meet to consider the child's special education needs. The TEAM then writes an Individualized Education Plan (IEP) that includes services and a placement appropriate to meet the child's needs.

The TEAM
The TEAM is a group of individuals who meet to decide educational programming issues for the child?.20 U.S.C. 1414(d)(1)(B); 34 CFR 300.344. The TEAM includes the parent, at least one regular education teacher if the child is in regular education, at least one special education teacher, a district representative who can provide or supervise the child's education and who knows the district's curriculum and resources, an individual who can interpret tests, the child if deemed appropriate by the parent, and, at the choice of the parent or district, any other knowledgeable individuals.

The Individualized Education Program (IEP)
The TEAM writes an IEP for a child. The IEP is a written statement or plan for each child. The IEP discusses a child's present levels of educational performance, any special education and related services that a child may need, an explanation of why a child may not stay in regular education, a statement relating to participation in statewide assessments, a service delivery section that details specific types of services and how long each service should be provided, and a statement concerning transition services starting at age 14 for a child?.20 USC 1414(d)(1)(A), (d)(3); 34 CFR 300.346-47; 603 CMR 28.05(4). The Massachusetts Department of Education has issued a standard IEP for districts to use.

Services
Children are entitled to a free, appropriate public education (FAPE) that includes special education and related services. In order to understand the scope of services, the terms FAPE, special education services, and related services must be understood.

Free, Appropriate Public Education (FAPE)
A free and appropriate public education means providing individualized instruction with sufficient support services to permit the child to benefit educationally from the instruction. An appropriate education does not mean that districts maximize the potential of disabled students equally with the opportunities provided to other children. Rather, Congress intended that the IDEA would...open the door of public education to handicapped children on appropriate terms.... This access to education for children with disabilities must be meaningful. Meaningful access does not occur if an educational program affords an ...opportunity for only trivial advancement. A free and appropriate public education should be ...likely to produce progress, not regression.

Special Education Services
Special education services are defined as specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability?.20 USC 1401(25). Special education services may focus on or include teaching strategies designed to enable the child to access the general curriculum, extracurricular and non-academic activities, accommodations, and instructional methods.

Related Services
In addition to special education services, a child is entitled to related services. Related services include transportation, and such developmental, corrective, and other supportive services ... as may be required to assist a child with a disability to benefit from special education?.20 USC 1401(22). Related services are interpreted to mean ...services that enable a disabled child to remain in school during the day and provide the child with the meaningful access to education that Congress envisioned. Related services include services such as speech therapy, audiology services, psychological services, physical therapy, occupational therapy, recreation, social work services, rehabilitation services, and certain medical services?.20 U.S.C. 1415 (22). Under the new Massachusetts statute, if a student needs only related services to access the general curriculum, then an IEP must still be written for the student.

Transportation can be a key point in the development of services for a child. A student must need transportation because of his or her disability in order to benefit from special education. If a child needs special transportation, it must be noted in the IEP with appropriate details regarding a child's individual needs?.603 CMR 28.05(5).

Miscellaneous Service Issues
Extended day or year services may also be discussed as part of a child's educational program. A TEAM must decide on an individual basis whether a child needs a shorter or longer day and clarify why such an adjustment is necessary. The standard for an extended year (i.e., summer program) is whether a child would regress substantially without the additional services. The TEAM must make this decision based on each child's needs?.603 CMR 28.05(4)(d). If a student needs camping or recreational programs that are just for recreational purposes, then an IEP should not be written solely for those programs because they are not considered extended year programming.

Services may also be provided for students who are enrolled at private schools, including parochial (religious) schools. Under federal law, each district must identify these children and plan on how to best serve these children. There is no individual entitlement to such services, and, hence, a district's obligation is limited under federal law. A district delivers services to the identified children under a service plan....34 CFR. However, under Massachusetts law, students in private schools have an individual right to special education if eligible for special education. Consequently, if a child is eligible, then a district must prepare an IEP, and not a service plan, for these children and offer the services to the child.

Placement
The TEAM must also decide where services will be delivered. Placements for children range from a regular education classroom to a private residential program. When considering placement, a TEAM must balance a child's needs and the need to place the child in the least restrictive environment (LRE). The IDEA states that districts should ensure that ...to the maximum extent appropriate, children with disabilities ... are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular education environment occurs only when the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily?.20 U.S.C. 1412(5).

In Massachusetts, the TEAM must decide if a child needs an in-district or an out-of-district placement. An in-district program may include a general education classroom, a resource room setting, a separate classroom, a work setting, a vocational school, or other settings determined by the TEAM?.603 CMR 28.06(2). A TEAM may also decide that an out-of-district program may be most appropriate for a child. Out-of-district programs may include schools approved by the Department of Education, 603 CMR 28.06(2)(f), or non-approved programs provided the program is appropriate to meet the child's needs?.603 CMR 28.06(3). When a district's TEAM recommends placement in a non-approved program, a special approval process for districts to follow is outlined in the regulations?.603 CMR 28.06(3)(e). When a child's needs are complex and not easily provided for in the regular education environment, another TEAM meeting may be scheduled to discuss the child?.603 CMR 28.06(2)(e).

In addition to district placements of children, a parent may place his or her child in a private school without public school consent (called a unilateral placement) and then seek reimbursement from the public school for the program's tuition. Importantly, parents who intend to place a child in such a private placement must provide notice to the district at the most recent TEAM meeting or provide 10 day written notice to the district of the intent to remove the child and place him or her at the private school?.20 U.S.C. 1412(10(c). Failure to give notice to the public school of the intent to place a child in a private school may result in a reduction of any reimbursement award by a hearing officer or judge.

Dan Ahearn is an educator and attorney. He works in the education field at the Landmark School, which specializes in teaching students with language based learning disabilities, where he directs the Landmark Outreach Program. He also practices disability, special education, education, and children's law. He has been practicing in these areas for over 15 years. He currently teaches a Children's Law course at Suffolk University Law School; teaches legal research and writing in the First Year Writing Program at the Boston University School of Law; and counsels law students in the Harvard Law School's Office of Public Interest Advising. He was the past Director of the Massachusetts Bureau of Special Education Appeals and served as a Senior Attorney at the Disability Law Center in Boston. He is on the Board of Directors of the Learning Disabilities Network and is a Fellow of the Massachusetts Bar Foundation.

For more information go to A Guide to Special Education