GLOSSARY OF SPECIAL EDUCATION TERMS


These definitions are intended to give you a working knowledge of terms commonly used in discussing the Special Education Process. These terms do not, in all cases, use the identical language found in the regulatory definitions which appear in the Chapter 766 Regulations. See Chapter 1 of the Chapter 766 Regulations for the legal definitions.

ADVISORY OPINION

A voluntary and confidential process where both parties agree to present their case to a Hearing Officer who will render a non-binding advisory opinion on the merits of the case. The process is voluntary. Both parties must agree to participate. Each party is allowed one hour to present their case through exhibits and through no more than two witnesses. Based upon the advisory opinion, the parties may agree to settle the case or may elect to proceed to hearing with a different Hearing Officer.

 

ADVOCATE

A person you may choose or hire to support and assist you through the evaluation and appeal process. This person is considered a private, independent advocate.

 

ASSESSMENT

Either a test or an observation which describes your child's ability in a specific area such as medical, educational, psychological, developmental, speech, hearing, vision, etc.

 

DIRECTOR OF SPECIAL EDUCATION

The person in charge of all special education programs and services in your public school system.

 

EDUCATIONAL OBJECTIVES

Specific, measurable, and observable skills toward which your child will be working, such as improving reading fluency and comprehension within a specific period of time.

 

EVALUATION

A group of tests, assessments, and other critical information about your child which determine whether your child has a special need and what are your child's strengths and areas of need. This evaluation forms the basis for determining whether your child is eligible for special education and, if so, for developing his or her Individualized Educational Plan (IEP).

 

EVALUATION TEAM (TEAM)

A group which includes the child's parent(s), teachers, and other specially trained people who will find out what your child can do, whether your child has a disability which is causing problems in school, what areas in which your child is having difficulties, and what services he or she needs in order to progress effectively in school.

EVALUATION TEAM CHAIRPERSON

The member of the evaluation TEAM who is responsible for coordinating all of the activities of the TEAM, conducting the actual TEAM meeting, organizing all forms and materials needed for your child's evaluation, and helping to choose and contact any needed specialist(s).

 

FREE APPROPRIATE PUBLIC EDUCATION (FAPE)

Every child is entitled to a free and appropriate public education according to federal and Massachusetts law. In the area of special education, free and appropriate public education (FAPE) refers to special education and related services which:


HEARING

A formal administrative procedure conducted by Special Education Appeals to resolve disputes between the parent and the school district over such things as the identification, evaluation, actual or proposed placement of a child, program implementation, etc.

 

INDEPENDENT EVALUATION

An evaluation, at your request, and at school committee expense that: (a) is similar to the school's original evaluation (although in certain circumstances, non-equivalent evaluations may be obtained - read special education regulation CMR 28.328.3) and (b) is performed by a person of your own choosing who is certified or otherwise qualified to perform the evaluation and who agrees to accept the rates established by the state agency responsible for setting such rates. This provides you with a second opinion if you disagree with the results from the initial evaluation. You may also choose to have an independent evaluation at your own expense. The TEAM will consider the independent evaluation in its planning process. The right to an independent evaluation continues for sixteen (16) months after the school district's evaluation with which the parent disagrees.

 

INDIVIDUALIZED EDUCATIONAL PLAN (IEP)

The plan prepared by the TEAM which describes any special needs your child has and outlines the educational programs and services which will be provided to meet those needs if you accept the IEP.

 

LEAST RESTRICTIVE ENVIRONMENT (LRE)

The program and placement which assures that your child is educated to the maximum extent appropriate with children who do not need special education, and that special classes or separate schooling are used only when your child cannot be educated in regular classes even with extra aids and services.This least restrictive environment standard is balanced with the legal mandate of maximum feasible benefit.

 

MAXIMUM FEASIBLE BENEFIT

The Massachusetts special education statute, Chapter 766, and relevant court decisions state that special education programs must assure the maximum possible development of a child who is eligible for special education. This maximum feasible benefit standard is balanced with the legal mandate to educate children in the least restrictive environment.

 

MEDIATION

An informal, voluntary process conducted by Special Education Appeals Mediators to resolve disputes over such matters as the identification, evaluation or placement of a child. This process is strongly encouraged, but not required, before proceeding to a hearing.

 

PARENTS' RIGHTS BROCHURE

A brochure produced by the Massachusetts Department of Education which is designed to help you to understand your school's procedures, your rights and your child's rights in the special education evaluation and placement process.

 

PROTOTYPE

A measure of special education service referring to the location of services and/or the amount of time a child receives special services within or outside of the regular education classroom.

 

REFERRAL

A request to have your child evaluated to see if he or she has a special education need. This step begins the evaluation process for your child if you give your written consent.

 

RELATED SERVICES

Transportation, developmental, corrective, and supportive services which are required to assist a child in need of special education, including, but not limited to, the services described in paragraph 503.0 of the Chapter 766 Regulations.

 

SCHOOL WORKING DAYS

Days when school is in session.

 

SPECIAL EDUCATION

Specially designed instruction which meets the unique needs of a child who has been evaluated and found to be in need of special education. This instruction is provided at no cost to the parents or guardians.

 

SPECIALIST

A specially trained person, such as a psychologist, occupational therapist, speech therapist, or physician.

 

SURROGATE PARENT

The second type of advocate is a person who is assigned by the Department of Education to act on behalf of a child when the child's parents are unavailable or have no educational decision-making rights. This person is called a Surrogate Parent (sometimes referred to as an Educational Advocate). A Surrogate Parent cannot be an employee of any state agency which educates or cares for the child.