Sharon SEPAC
Understanding The Basics Of Special Education and Learning Differences
Know Your Rights and Your Path
Getting Started
If you're new to special education, the process and the language can feel overwhelming. Teachers and school staff are experienced in the process and supporting busy schedules and multiple students. In their experience, they may not realize how confusing it can be for parents and how fast the process can feel. At meetings, they often already know what they think is best for your child—based on what the school can offer and what the law allows; however, you may not.
As a caregiver, this can be frustrating. You might feel like you're being led toward certain decisions without fully understanding why, or if those choices are really the best ones. It’s a bit like playing chess without knowing the rules—only this isn’t a game. These are important decisions that can shape your child’s education.
At Sharon SEPAC, we want to help you understand the basics and offer tools to become your own expert for your child. We want you to feel confident and empowered in this process. We've gathered some helpful resources to guide you that you can search through on our resources page . We especially recommend the Parents’ Guide to Special Education, created by the Massachusetts Department of Elementary and Secondary Education (DESE) and the Federation for Children with Special Needs (FCSN). This guide is made for Massachusetts parents and comes in two versions:
-
A full guide you can read [here]
-
A shorter, interactive version with quick info and links back to the full guide [here]
These resources are a great starting point to help you feel more confident and informed. We update regularly and attempt to create partnerships with many organizations and services to offer discounts and or special opportunities to our Sharon SEPAC members.
Get on the List
Sign up to receive the first word when we go live.
The Rules Governing Special Education: 504 Plans and IEPs
The rules that govern special education are ultimately based on the law at both the Federal and State level. The main laws at the federal level are the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 . In Massachusetts these are supplemented by the state’s special education law (MGL c. 71B). From a very high level these enshrine three fundamental principals:
-
Free Appropriate Public Education or FAPE - Children are entitled to a free education that's appropriate based on their disabilities
-
Least Restrictive Environment - Children should be educated with the general student population as much as is possible
-
Parental Involvement - Parents need to be part of the process
Beyond this the federal laws differ. Without going into much detail the essence of the difference is that IDEA is more prescriptive. It mandates parental sign-off and provides a defined process for this to occur, and generally requires more from schools. It also has more to say on how to help students transition out of the education system to adulthood, called Transition Planning, which kicks off at age 14. In a nutshell, both laws have the same goal but IDEA is more comprehensive in codifying the steps to achieve the goal into law.
The tradeoff is IDEA is narrower in terms of who it covers. To be eligible for special education under IDEA, a child must not only meet the definition of a defined disability within the law, which can be found here, but that disability must be be impeding the child's effective progress in the general education program to a degree that they require special services and specialized instruction, i.e. an individual education plan (IEP).
Section 504 is broader, as it only requires that a disability impede a major life function to be covered, so students who do not qualify for an IEP under IDEA might still qualify for services under section 504. Basically, if a child doesn't require an individualized education plan and can make effective progress in the general education program but still needs certain accommodations, then Section 504 covers this.
Like IDEA, Section 504 requires a plan for the child, though not as detailed as an IEP. The differences then are a matter of degree as both Section 504 plans and IEPs aim to provide accommodations that are appropriate for the child's needs.
Evaluations
Children have a right to an evaluation for special needs and school's have a duty to assess the needs of children who might be eligible.
The evaluation process can be initiated by a parent or caregiver, by a teacher, or any other professional working with the child. Note: there are specific timelines and rules governing the evaluation process that aren't covered here; However, here is a list of key items to be aware of as a parent:
-
You can always request an evaluation and the school is legally obligated to provide
-
A teacher or other professional working with the child can also request and have a duty to do so
-
Special education covers ages 3 to 21 so we encourage early evaluations and interventions
-
Your child doesn't need to be currently attending the school to get an evaluation
-
The school must ask you for permission before performing an evaluation
-
The school should offer a meeting to discuss before the evaluation or you can request this
-
The school must share the results and schedule a meeting to review
-
Schools cannot provide medical diagnoses. For this you need a medical or neuropsychological professional. Not having a named disability diagnosis should not in most cases impact the evaluation as the disability definitions covered under special education are fairly broad
-
If parents disagree with the school's evaluation they have a right to organize an independent evaluation which the school will need to consider. The rules governing this are somewhat complex and parents should consider consultation with a professional
-
If you disagree with an evaluation there are potential steps available to parents and caregivers. Here are a few great references for navigating and resolving disagreements:
IEP: Individualized Education Plan
Children with special needs under IDEA are entitled to an individualized education plan that breaks out in detail goals for the child, areas of need and steps to accommodate as well as a full service breakdown. The plan is created by a team, which includes a team chair, the child's teacher and special education resources at the school as well as you, the parents or caregivers. You all need to agree on what goes into the plan and will revisit and update the plan at least once a year. IEPs are covered in greater detail here.