Advocating for children and helping parents navigate the Special Education process.
Your Team throughout the special education process is dynamic, meaning it is a Team with constant change. However, the most important member will always be static - you. You are your child's most important advocate. My main goals are to empower you and provide you with the knowledge to be the advocate you needed in the beginning of this process. As a team, I will advocate on behalf of your child while providing you with the requisite tools to be successful as your child's best advocate.
Contact
➤ LOCATION
Serving Boston & the South Shore of Massachusetts
☎ CONTACT
Jen@MaserAdvocacy.com
(617) 519-6200
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Massachusetts IEP Timeline Guide
Referral
A student may be referred for an evaluation by ✦ a parent or ✦ any person in a caregiving or professional position concerned with the student’s development. When a student is referred for an evaluation to determine eligibility for special education, the school district shall send written notice to the student’s parent(s) within five school days of receipt of the referral. 603 CMR §28.04(1)(a). Upon parental consent, the school must evaluate within thirty (30) days. 603 CMR §28.04 (2). Within forty five (45) days of receipt of parents’ written consent, school must:
Convene a Team meeting
Review evaluation results
Determine special education eligibility
Annual Review/Re-Evaluations
The school district shall review the IEPs and the progress of each eligible student at least annually. Additionally, every three years, or sooner if necessary, the school district shall, with parental consent, conduct a full three-year reevaluation consistent with the requirements of federal law. 603 CMR §28.04(3).
Evaluations
In MA, schools have thirty (30) days to complete evaluations, which must cover all areas of suspected disabilities and be done by a qualified professional. It is important to note this includes emotional and behavioral concerns. If requested in writing, parents will receive a copy of the evaluation reports at least two (2) calendar days prior to the team meeting. 603 CMR §28.04(2)(c).
Eligibility
Who is eligible? Step 1: Does the student have one or more of the following types of disabilities: Autism Spectrum Disorder (refer 34 CFR §300.8(c)(1)), Developmental Delay (*age 3-9), Intellectual Impairment, Sensory Impairment (including: Hearing Impairment or Deaf, Vision Impairment or Blind, Deafblind), Neurological Impairment (includes Traumatic Brain Injury), Emotional Impairment, Communication Impairment, Physical Impairment Other Health Impairment, and Specific Learning Disability. Step 2 (a): Is the student making effective progress? Effective progress is the documented growth in the acquisition of knowledge and skills, *including social/emotional development, within the general education program with or without accommodations according to chronological age and developmental expectations [and] the individual educational potential of the child. Is your child growing in capacity compared to his peers and according to his capacities? 603 CMR §28.02(17). Step 2(b): If not, is it due to the disability? Step 2(c): Does the student require specialized instruction to make effective progress? Does the student require related supports or services to access the curriculum? In MA, a student can qualify for an IEP if he or she needs specialized instruction and/or related services to access the general education.
team Meeting
The team meeting will occur within 45 days after the consent form was received by the school. Members of the team include: parents, student, a district representative, general education teacher, special education teacher, related service providers, and individuals with knowledge or special expertise about your child. 34 CFR §300.321(c), 603 CMR §28.05(1). Every member of the Team must attend the meeting unless the parent agrees in writing to their excusal. If the team member’s expertise is required but the parents agree to excuse them, the team member must still provide written input to the parent and the school before the team meeting. 34 CFR §300.321(e)(2).
The IEP and Placement Meeting
Your school district must ensure that: (1) A meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services; and (2) As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child’s IEP. (34 CFR §300.323(c))
No later than 30 calendar days after receipt of the proposed IEP (and proposed placement), the parents shall: Accept or reject the IEP in whole or in part; request a meeting to discuss the rejected portions of the IEP or the overall adequacy of the IEP; or if mutually agreed upon, accept an amended proposal; and accept or reject the proposed placement. (603 CMR §28.05(7)(a)).
Upon parental response to the proposed IEP and proposed placement, the school district shall implement all accepted elements of the IEP without delay. (603 CMR §28.05(7)(b). A parent may revoke consent at any time. (603 CMR §28.07(1)(a)(2)).
No later than five [calendar] days after receipt of a request for hearing or notice that an IEP, or proposed placement, or finding of no eligibility for special education has been rejected by the parent, the school district shall send a copy of such request or notice to the BSEA. (603 CMR §28.08(3)(b)).