A compilation of laws, regulations, cases, and web sources on special education law.
Federal Resources
Family Educational Rights and Privacy Act (FERPA)
Individual with Disabilities Education Act (IDEA)
OSEP Policy Documents: (Year)(Keyword, Name, Date, Topic)
Students with ADHD and Section 504: A Resource Guide
Office for Civil Rights (Recent Resolution Search)
Transition Guide to Postsecondary Education and Employment (OSEP, Revised August 2020)
Massachusetts Resources
MA State Regulations (CMR) (by Subject)
Ch.71b, Children with Special Needs
MA. Dept. of Elementary and Secondary Elementary (DESE)
Parent's Notice of Procedural Safeguards
MA Rates for Team Evaluation Services
Problem Resolution System Office (PRS)
PRS Letters of Finding (not exhaustive)
Bullying Prevention & Intervention Resources
MA Prevention of Physical Restraint and Requirements if used
MA Notification of Bullying or Retalliation Regulations
MA Student Discipline Regulations
Documents & Websites
Special Education Law Database (BSEA Rulings/Hearings)
Special Education Today Law Blog
Special Education in Massachusetts, Children's Law Center
Bureau of Special Education Appeals (BSEA)
Quick reference guides (Children's Law Center)
Guide on Preparing for Mediation (Advocacy Institute)
IDEA State Complaint Resource Center (Advocacy Institute)
Special Education Statistics by school/town
DESE Approved Special Education Schools
MAAPS: Massachusetts Association of Approved Special Ed Schools
MA Administrative Advisories
Administrative Advisory SPED 2021-2: Financial and Programmatic Responsibility for Special Education and Enforcement of Assignments
COVID-19 Special Education Administrative Advisory 2021-1: Procedures for Temporary Waiver of Classroom Ratios in Preschool Inclusionary Programs
Administrative Advisory SPED 2019-3: Updated State Mandated Form for Documentation of Medicaid Service Delivery in Out-of-District Programs (28M/12)
Administrative Advisory SPED 2019-2: Extended Evaluations
Administrative Advisory SPED 2019-1: Recovery High Schools
Administrative Advisory SPED 2018-3: Guidance on Amendments to Special Education Regulations, 603 CMR 28.10, to Align with ESSA Foster Care Provisions
Administrative Advisory SPED 2018-2: Secondary Transition Services and Graduation with a High School Diploma
Administrative Advisory SPED 2018-1: Guidance on Calculating and Providing Proportionate Share Services for Students with Disabilities Enrolled by Their Parents in Private Schools
Administrative Advisory SPED 2017-1: Guidance on Students with Disabilities and Subminimum Wage Employment
Administrative Advisory SPED 2016-1: SIMS Data Reporting
Administrative Advisory SPED 2015-2R: Special Education Parent Advisory Councils, Acceptable Alternatives, and Use of Social Media
Administrative Advisory SPED 2014-1: Demonstration of performance skills of educational interpreters
Administrative Advisory SPED 2013-1: Parental Consent to Access MassHealth
Questions and Answers on Parental Consent and MassHealth — updated March 2019
Mandated form (28M/13) — Parental Notice and Consent to Access MassHealth (Medicaid) Benefits
Translated versions available in Spanish, Haitian, Chinese, and Portuguese.
Administrative Advisory SPED 2012-1: The Autism Insurance Law
Administrative Advisory SPED 2011-1: Age of Majority
Administrative Advisory SPED 2010-3: Private Approved Day and Residential School Tuition Payments — Temporary Absences
Administrative Advisory SPED 2010-2: School-Based Medicaid and Nursing Services
Administrative Advisory SPED 2010-1: Federal Regulation Changes
Administrative Advisory SPED 2009-1: Services for Young Children with Disabilities, Ages Five and Six, in Preschool Programs
Administrative Advisory SPED 2007-2: IDEA-2004 and Private School Students — Withdrawn July 2017 — Replaced by Administrative Advisory 2018-1
Administrative Advisory SPED 2004-4: School District Responsibility For Children in Special Education Day Schools Who Are Transferred to a Residential School by the Department of Social Services
Administrative Advisory SPED 2004-3: College Testing Information
Administrative Advisory SPED 2004-1: Independent Educational Evaluations
Administrative Advisory SPED 2003-1: Changes to Massachusetts Special Education Law
Administrative Advisory SPED 2002-5: Special Education Contracts Between School Districts and Out-of District Programs [603 CMR 28.06(3)(f)]
Administrative Advisory SPED 2002-4: Special Education Students in Out-of-District Placements — Participation in MCAS Testing and High School Graduation Standards
Administrative Advisory SPED 2002-3: Vocational Educational Services for Students with Disabilities
Administrative Advisory SPED 2002-2: Requirement to Review Refusals to Evaluate for Special Education Eligibility
Administrative Advisory SPED 2001-4: Finding of No Eligibility for Special Education
Administrative Advisory SPED 2001-3: Guidance on Using a Sliding Fee Scale for Public Payment of Independent Education Evaluations (IEEs) in Special Education
MA Technical Guidance
Technical Assistance Advisory SPED 2021-2: Students with Autism and Application for Department of Developmental Services Adult Eligibility
Coronavirus (COVID-19) Special Education Technical Assistance Advisory 2021-1 COVID-19 Compensatory Services and Recovery Support for Students with IEPs
Technical Assistance Advisory SPED 2020-3: Recommended Advance Planning for a Student with an IEP Accepted for Enrollment in a METCO District
COVID Special Education Technical Assistance Advisory 2020-2: Implementation of Special Education Timelines During the COVID-19 State of Emergency
Technical Assistance Advisory SPED 2020-1: Massachusetts Rehabilitation Commission Pre-Employment Transition Services (Pre-ETS)
Technical Assistance Advisory SPED 2019-1: Transition from Early Intervention Programs to Early Childhood Special Education
Technical Assistance Advisory SPED 2018-4: Guidance on Massachusetts Commission for the Blind Pre-Employment Transitions Services
Technical Assistance Advisory SPED 2018-3: Addressing the Communication Needs of Students with Disabilities through Augmentative and Alternative Communication (AAC)
Technical Assistance Advisory SPED 2017-2: Calculating and Providing Proportionate Share Services — Withdrawn July 2017 — Replaced by Administrative Advisory 2018-1.
Technical Assistance Advisory SPED 2017-1 : Characteristics of High Quality Secondary Transition Services
Technical Assistance Advisory SPED 2016-2 : Promoting Student Self-Determination to Improve Student Outcomes
Technical Assistance Advisory SPED 2014-5: Charter School Responsibilities for Students with Disabilities Who May Need an Out-of-District Program — 603 CMR 28.10(6)
Technical Assistance Advisory SPED 2014-4: Transition Assessment in the Secondary Transition Planning Process
Technical Assistance Advisory SPED 2014-3 Identifying the Need for Paraprofessional Support
Technical Assistance Advisory SPED 2014-2: Children's Behavioral Health Initiative
Technical Assistance Advisory SPED 2014-1: DSM-5 Changes and the Impact on Students with Autism Spectrum Disorders (ASD) - IRIS Information Brief: Comparison of the Diagnostic Criteria for Autism Spectrum Disorder Across DSM-5, DSM-IV-TR, and the Individuals with Disabilities Act Definition of Autism.
Technical Assistance Advisory SPED 2013-1: Postsecondary Goals and Annual IEP Goals in the Transition Planning Process
Technical Assistance Advisory SPED 2012-2: Improving Data and Practices Regarding Disciplinary Removals of Students with Disabilities (Disciplinary Removal Self-Assessment Inventory)
Technical Assistance Advisory SPED 2012-1: Certain IEP Services Not Provided by the Department in DYS Institutional Settings — Revised August 2018 to address all host agency settings (DYS, DMH, DPH, CHC)
Technical Assistance Advisory SPED 2011-2: Bullying Prevention and Intervention
Technical Assistance Advisory SPED 2011-1: Annual Fiscal Calculations
Technical Assistance Advisory SPED 2009-2: Observation of Education Programs by Parents and Their Designees for Evaluation Purposes
Technical Assistance Advisory SPED 2009-1: Transition Planning to Begin at Age 14
Technical Assistance Advisory SPED 2007-1: Autism Spectrum Disorder
Additional Guidance
Discipline: Statutory Language & Flow Chart
Memorandum on Significant Disproportionality in Special Education (assist school districts and other interested parties in understanding the requirements in the Individuals with Disabilities Education Act (IDEA) pertaining to significant disproportionality, updated in 2016, and the fiscal implications of these requirements).
Memorandum on Addressing the Needs of Students with Disabilities Relocating to Massachusetts from Puerto Rico
(guidance about planning for and responding to the needs of students with disabilities and students experiencing trauma as a result of natural disasters who have relocated to Massachusetts from Puerto Rico and other Caribbean islands following the devastation of Hurricanes Maria and Irma).
Dear Colleague Letter on Free and Appropriate Public Education (FAPE): Clarifying that IEPs for children with disabilities must be aligned with state academic content standards for the grade in which a child is enrolled.
Dear Colleague Letter on Dyslexia:
Policy guidance that clarifies that there is nothing in the IDEA that would prohibit the use of the terms dyslexia, dyscalculia, and dysgraphia in IDEA evaluation, eligibility determinations or IEP documents.
Guidance on Appointment of Special Education Surrogate Parents
Reissued Mileage Reimbursement for Parents under 603 CMR 28.07(6)
Program Plan for Special Education
PRS Special Approvals and Notice Requirements: PRS has responsibilities to review and act upon certain applications, requests for waivers, and notifications required by Board of Education Regulations. The information and mandated forms below should be used in responding to these requirements.
PRS Technical Assistance: PRS provides technical assistance and guidance to local public and private school personnel, parents and persons from the general public regarding several state and federal education laws, regulations and Board of Education Policies. See link for a list of FAQ regularly posed to PRS staff together with responses and sources of further information. Should your inquiry not be addressed below or you would like additional information, contact your PRS liaison, who may be able to assist you.