Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State IEP Rights

IEP Rights in Massachusetts: What Parents Need to Know

Q: Where can Massachusetts families get free advocacy help?

The Federation for Children with Special Needs (FCSN) is Massachusetts's Parent Training and Information (PTI) center. Disability Law Center is the state's P&A organization and provides legal services in special education cases.

Massachusetts has some of the strongest special education protections in the country under Chapter 766. Here's what the law requires and how to use it.

Meghan Moore, BCBA, M.A. Special Education

Massachusetts Special Education Overview

Massachusetts has some of the strongest special education laws in the United States. Chapter 766, codified as Massachusetts General Law Chapter 71B, has governed special education in the state since 1972, predating IDEA. The implementing regulations are found at 603 CMR 28.00.

The Massachusetts Department of Elementary and Secondary Education (DESE) oversees special education compliance.

Evaluation Timelines

Massachusetts requires the school district to complete the evaluation within 30 school days of receiving written parental consent. This is faster than IDEA's 60-day standard. After the evaluation is completed, the IEP Team must meet and the IEP must be developed promptly, typically within the same 30-day window or shortly after.

Massachusetts IEP Team

Massachusetts refers to the group that develops and reviews IEPs as the "Team." The Team includes parents, the student when appropriate, at least one general education teacher, at least one special education teacher, and a school representative who knows about the general curriculum and available resources. Other specialists participate depending on the student's needs.

The Massachusetts IEP Format

Massachusetts uses a standardized IEP format that includes specific sections not always found in other states' IEP documents. The format includes a "current performance levels" section (PLEP) covering academic and non-academic areas, a vision statement for the student, and a section describing how the student's disability affects their progress in the general curriculum.

Parental Response to the IEP

Massachusetts gives parents specific options when responding to a proposed IEP. Parents can:

Accept the IEP as written
Reject the IEP
Accept part of the IEP and reject part

If you accept the IEP in part, the school must immediately implement the accepted portions while the rejected portions remain under dispute.

Dispute Resolution in Massachusetts

Bureau of Special Education Appeals (BSEA)

Massachusetts has its own Special Education Appeals process through the Bureau of Special Education Appeals (BSEA). The BSEA hears both mediation and due process cases. The BSEA is part of the Division of Administrative Law Appeals, not DESE, providing independence from the agency that oversees districts.

Contact: Bureau of Special Education Appeals
Phone: 617-626-7250
Website: mass.gov/orgs/bureau-of-special-education-appeals

State Complaints

State complaints about IDEA violations are filed with the DESE Problem Resolution System (PRS). PRS investigates complaints and issues decisions within 60 calendar days.

Mediation

Mediation in Massachusetts is conducted through the BSEA and is available at no cost to parents. Massachusetts has a strong mediation program and many cases resolve at this stage.

Massachusetts-Specific Resources

Federation for Children with Special Needs (FCSN)

FCSN is Massachusetts's federally funded Parent Training and Information (PTI) center. FCSN provides free advocacy support, training, and information to families of children with disabilities.

Website: fcsn.org
Phone: 617-236-7210

Disability Law Center

The Disability Law Center is Massachusetts's Protection and Advocacy (P&A) organization. It provides legal services in special education cases and can represent families in BSEA proceedings.

Website: dlc-ma.org
Phone: 617-723-8455

Key Things to Know in Massachusetts

Chapter 766 predates IDEA and provides strong state-level protections
Massachusetts evaluation timeline is 30 school days (faster than IDEA)
Parents can accept part of an IEP and reject part, and services begin on the accepted portion
Due process and mediation go through the BSEA, which is independent of DESE
Federation for Children with Special Needs offers free advocacy support

Frequently Asked Questions

What is Chapter 766 in Massachusetts?

Chapter 766 is Massachusetts General Law Chapter 71B, the state's special education law. It provides rights that meet or exceed IDEA protections and has its own regulatory framework through DESE.

How long does Massachusetts have to evaluate my child for special education?

Massachusetts must complete the evaluation within 30 school days of receiving written parental consent. This is faster than IDEA's standard. The IEP must be developed promptly after the evaluation is complete.

What is the Massachusetts IEP Team?

Massachusetts calls the group that develops and reviews IEPs the "Team." It includes parents, the student when appropriate, general and special education teachers, and a school representative who knows about available resources.

Where can Massachusetts families get free advocacy help?

The Federation for Children with Special Needs is Massachusetts's PTI center and offers free support. The Disability Law Center is the state's P&A organization and provides legal services in special education cases.