There are many basic rights and principles of Special Education. We are going to highlight and share just five of them in this post…

First – Referral

In Massachusetts, almost anyone can refer a student for initial evaluation. It can be a family member, a teacher, a doctor, etc. The request must be in writing and delivered to the school principal and/or the director of special education. 

Practice tip: Hand deliver this request. Bring an extra copy of the request and have the secretary date/time stamp it for your records.  Why? There are a lot of timelines in special education.

Second – Consent

Even though you have requested that the student be evaluated, the school will often send you ‘their’ form for you to execute. This consent form should be sent to the parent/guardian within five (5) school days of the school receiving your referral request.

Practice tip: You can agree to all or a few of the proposed evaluations. You may also ask for additional evaluations. You should make sure you make a copy of this executed consent form for your records.

Third – Evaluations

The school is obligated to have a qualified person complete all the testing within thirty (30) school days after they received the signed consent form. Parents/Guardians should review any and all evaluation reports that they are given before the Team meeting so that they can be informed and contribute meaningfully.

Practice tip: Request, in writing, that all evaluation reports be given to you at least 48 hours before the Team meeting. If you can, schedule the meeting for a Monday or a Tuesday so you also get the added benefit of the weekend.

Practice tip: Immediately scan all the evaluation reports you are given and keep these copies for your records. This way you will always have a ‘clean’ copy if it is needed and you can write on/highlight/etc. the copy you bring to the Team meeting.  

Fourth – Team Meeting

The Team Meeting should occur within forty-five (45) school days after the school receives the Consent form. The meeting should be scheduled at a mutually agreeable date/time for both the parents/guardians and the school. Unless the parents excuse a Team Member, every team member must attend the Team Meeting.  

Practice tip: Who is on the Team? The Parents/Guardians, School District Representative, General Education Teacher, Special Education Teacher, any collaterals that will provide related services, the student once they turn 14 years old, and anyone else that may be necessary.

Fifth – Accepting/Rejecting the IEP

At the Team Meeting, the evaluations and recommendations will be discussed. The parent/guardian is a vital part of this Meeting – you know the student best. You will have 30 days to accept the IEP or to accept in part/reject in part the IEP. All portions of the IEP that are accepted must be implemented immediately.

Practice tip: Never reject an IEP in full. Always find something that you agree with. If you reject an IEP in full than you are stating that the student does not need special education support and/or services.

Have questions or concerns about your child's education? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com