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EDUCATION PRIORITIES
CHILDREN OUT OF SCHOOL DUE TO ACTIONS BY THE SCHOOL Priority #1: To reduce the number of students who are out of school due to unilateral action by school districts. Rationale: The most recent Department of Education (DOE) statistics reflect steady increases in the number of special education students excluded from school each year. School districts systematically fail to comply with the Individuals with Disabilities Education Act (IDEA) requirement to conduct manifestation determinations to explore the relationship between a child’s disability and the disciplinary infraction that prompted the exclusion. School districts underutilize functional behavioral assessments, behavioral modification plans, and other alternate discipline strategies for special education students.
INCLUSION OF STUDENTS WITH DISABILITIES WITH THEIR NON-DISABLED PEERS Priority #2: Increase the quality and availability of inclusive programs for students with disabilities, and decrease the number of placements in restrictive settings based solely on diagnosis or label. Rationale: School districts are not always implementing the legal requirement to place children with disabilities in the “least restrictive environment” (LRE) for a variety of reasons, including: (1) a lack of awareness of best practices; (2) a lack of resources and support from regular education; and (3) financial disincentives around reimbursement from the state and federal government (i.e., school districts receive more money to send children with disabilities out-of-district).
DEAF AND HARD OF HEARING STUDENTS’ ACCESS TO COMMUNICATION SERVICES Priority #3 : Ensure that students who are deaf or hard of hearing are provided with effective communication services in their educational settings. Rationale: Although the IDEA and other federal and state laws require schools to provide effective communication, including sign language interpreters, to students who are deaf and hard-of-hearing, many students receive inadequate interpretation or complete denial of effective communication access. As a result, their educational progress is negatively impacted as they are severely limited in their ability to communicate with teachers and peers, and to fully participate in and contribute to the learning environment.
ABUSE Priority #4: To reduce incidents of abuse, particularly the use of restraint and seclusion in public and private schools. Rationale: Several years ago the Massachusetts Department of Education promulgated regulations to limit the use of restraint and seclusion. Restraint is only permissible when either the student or others are in immediate danger, and less restrictive interventions have failed. The review of several cases has prompted DLC to conclude that DOE neither follows nor enforces these requirements. Several cases of particularly egregious abuse in schools have led to monetary settlements and have highlighted some of the worst practices. DIVERSITY AND DOE NON-COMPLIANCE ENFORCEMENT
Priority #5:
To ensure that special education students of diverse racial backgrounds
receivethe services specified in their Individual Education Plans. Rationale: For many reasons, the delivery of special education services to students from ethnically diverse backgrounds has been inferior. These underserved groups include African-Americans, Asians, Latinos, Native Americans and those who are multi-cultural but not identified as Caucasian. Contributing factors include lack of education, economic and political disadvantages, and societal prejudice. DLC is committed to protecting and enhancing the rights of these children from ethnically diverse backgrounds who also have disabilities.
DIVERSITY OUTREACH AND TRAINING Priority #6: to provide outreach, training and technical assistance to parents of Hispanic special education students.
Rationale: For a number
of reasons, special education students of Spanish-speaking parents are
particularly at risk of not receiving FAPE. These include issues of
race, language, socio-economic class and education. TRANSITION SERVICES Priority #7: To ensure children who are transitioning from early intervention services and entering into the special education system have appropriate goals and placements in their Individualized Education Plans. Also, to ensure that students 16 years or older, appropriate transition goals and services in their IEPs. Special consideration will be given to cases where the family has refused a high school diploma.
Rationale: The IDEA allows for
children who have received early intervention services to effectively
transition by their third birthday into special education services
within the public school setting. Although this is expected, it is
frequently not the case. Students who just turn three are often left
without any special education services and no educational placement
because the local education agency has failed to create an appropriate
Individualized Education plan in a timely manner. |
