A.     IDEA and state laws stress that parents are the decision makers for their children. Parents retain these rights unless a court order, state statute, or legally binding instrument revokes them. In other words, each parent remains a decision maker in special education after divorce unless the divorce decree or other court action specifically removes that right. View this article for more information Divorce affecting special education

A.    According to the Massachusetts Special Education Regulations, your child is eligible for tutoring provided by the School District at their expense if:
a physican provides a written order stating that your child will be absent from school (due to medical reasons) during any school year for at least 14 school days (no requirement stated that this must be consecutive days).

Your child may:
be in a hospital;
be required to remain at home (due to medical reasons);
have a combination of a hospital stay and remaining at home(due to medical reasons).

Your school principal is responsible for arranging the tutoring either in the home or at the hospital and enough tutoring must be provided in order to allow the student to continue the educational program.

This tutoring is NOT considered special education unless your child already has an IEP and the tutoring includes the services provided in the IEP.

Q. So, if my child DOES OR DOES NOT have an IEP or 504?
BUT will be hospitalized
OR must stay home (due to medical reasons)
OR a combination of hospitalized and remain at home (due to medical reasons)
AND I provide a doctor's note stating my child will be out of school for at least 14 school days
THEN my child is eligible for school provided tutoring?
A. YES

The following is copied from State Regulations.

The Massachusetts State Special Education Regulations 603 CMR 28.03 (3) Responsibilities of the School Principal state this as follows:
(c) Educational services in home or hospital. Upon receipt of a physician's written order verifying that any student enrolled in a public school or placed by the public school in a private setting must remain at home or in a hospital on a day or overnight basis, or any combination of both, for medical reasons and for a period of not less than fourteen school days in any school year, the principal shall arrange for provision of educational services in the home or hospital. Such services shall be provided with sufficient frequency to allow the student to continue his or her educational program, as long as such services do not interfere with the medical needs of the student. The principal shall coordinate such services with the Administrator of Special Education for eligible students. Such educational services shall not be considered special education unless the student has been determined eligible for such services, and the services include services on the student's IEP.

A. This question is answered by both Federal and State government definitions. It is not just passing grades.

Check this pdf to help understand just what "effective progress" means. Effective Progress

A. A TEAM Meeting should be scheduled at the convenience of the parent/legal guardian and school personnel. If it is not a convenient time for you as the parent/legal guardian you can ask for a rescheduled date.
The parent should email the team chair and request that the full team be present otherwise the meeting should be rescheduled so everyone can attend.

A. The full team should be present at an annual review--that includes regular, sped teachers, all service providers, the principal of the school, and someone from the district who is knowledgeable about programs.

A teacher from the next grade would be nice but is not required. However, if there is a transition to middle or high school, then a representative from that school should be present to answer questions about the programs and services.

The parent should email the team chair and request that the full team be present otherwise the meeting should be rescheduled so everyone can attend.

Under IDEA, a full team need not always be present at a meeting, However, you must be asked and then provide in writing your permission to excuse a certain team member because their input is not critical to the agenda. Any team member who does not attend should provide a written report to you--prior to the team meeting--so that you have input for consideration (such as for progress or developing new benchmarks, etc.).

Massachusetts Department of Elementary & Secondary Education (DESE) Guidance for Implementing IDEA 2004 Team Meetings