Advocacy for Less

Educational Advocacy for Children with Special Needs. IEP Meetings, Behavioral Needs, Transition (Early Intervention and 14-16 years old) and Mediation.

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Common Definitions by state law. 
Here are the most use definitions you should know in order to advocate best for your child.
 
 

§ 300.1   Purposes of the Law and its Regulations

The purposes of this part are—

(a) To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;

(b) To ensure that the rights of children with disabilities and their parents are protected;

(c) To assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; and

(d) To assess and ensure the effectiveness of efforts to educate children with disabilities.

(Authority: 20 U.S.C. 1400(d))


 Evaluation and Individual Educational Evaluation (IEE)

Evaluation means procedure used in accordance with 300.304 through 300/311 to determine whether a child has a disability and the nature and extent of the special education related services that the child needs.

34 CFR 300.15 or 20 U.S.C. 1414 (a) (c). Also see 600 CMR 28.04 (2-5),

in this aspect Massachusetts Regulations are more explicit.


Federal Law (IDEA 20 U.S.C 1400-1415) and Regulations (34 CFR Part 300-301) 

Statutes are laws passed by federal, state and local regulators. The United State Code (U.S.C) title 20 is about Education. Statutes 1400 through 1415 are for Special Education, then sections (1,2,3...) and subsections (a,b,c...).

The Code of Federal Regulations (C.F.R) is the explanation of the law statutes. Special Education Regulations statutes are from 300 through 301.


Free Appropriate Placement Education (FAPE)

Special Education and related services that: are provided at public expenses, under public supervision and direction, and without charge; meet the standards of the Special Education Agency (SEA), including the requirements of the part; Include an appropriate preschool, elementary school, or secondary school education in the State involve; and are provided in conformity with an IEP that meets the requirements of

300.320 through 300.324. 34 CFR §300.17 or 20 U.S.C. §1401 (9).


Individual Educational Plan (IEP)

Shall mean a written statement, developed and approved in accordance with federal special education law in a form established by the Department that identifies a student's special education needs and describes the services a school district shall provide to meet those needs. 

600 CMR §28.02 (11)


Least Restrictive Environment (LRE)

shall mean the educational placement that assures that, to the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students who are not disabled, and that special classes, separate schooling, or other removal of students with disabilities from the general education environment occurs only when the nature or severity of the student's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

600 CMR §28.02 (12)


No Child Left Behind Act of 2001

It is an improvement to the Elementary and Secondary Education Act (ESEA) of 1965 now known as No Child Left Behind. The purpose of this entitle is to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach at a minimum, proficiency on challenging State academic achievement standards and state academic assessments. 20 U.S.C §6301


Procedural Safeguards

Each Special Education Agency (SEA) must ensure that each public agency established, maintains, and implements procedural safeguards and meet the requirements of

300-500 through 300.536. 34CFR §300.500-536 or 20 U.S.C. §1415 (a)

School must provide parents with this procedural document but you can get it at http://www.doe.mass.edu/sped/prb/


Section 504 plan

Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal funds. Section 504 provides that: “No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . .” 29 U.S.C. §794-794b


State Law (Chapter 78B sections 1-16) and Regulations (603 CMR §28.00)

Massachusetts special education was defined as Chapter 766 before the Federal Law IDEA was developed in 1975. You can find at these documents at http://www.doe.mass.edu/sped/laws.html 


Team Members

shall mean a group of persons, meeting participant requirements of federal special education law as provided at 34 CFR §§300.321 and 300.116(a)(1), who, together, discuss evaluation results, determine eligibility, develop or modify an IEP, or determine placement. 600 CMR §28.02 (21).


Types of disabilities described in IDEA law

1. Autism, 2. deaf-blindness 3. Deafness, 4. Emotional disturbance, 5. Hearing impairment, 6.Mental Retardation, 7. Multiple disabilities, 8. Orthopedic impairment, 9. Other health impairment, 10. Specific learning disability, 11. Speech and language impairment, 12. Traumatic brain injury and 13. Visual impairment.

34 CFR §300.8 or 20 U.S.C. §1401 (3); 1401 (30) or 603 CMR §28.02 (7)

 

 

"These are definitions referral from Federal (IDEA) law and Regulations,
You can click on underline words to access original documents.