Special Education Regulations
603 CMR 28.00, In effect January, 2001
- By law, once a request for special education evaluation (core
evaluation) has been made, the school has 5 school days to send you
notice requesting your consent to test your child.
603 CMR 28.04(1) Referral for Initial Evaluation. 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
(a) When a student is referred for an evaluation to determine
eligibility for special education, the school district shall send
written notice to the child's parent(s) within 5 school days of receipt
of the referral.
- Once the school receives consent to be able to test your
the school must complete the evaluation on your child within 30 school
603 CMR 28.05(1) . . . The evaluation assessments shall
be completed within thirty (30) school working days after receipt of
parental consent for evaluation. Summaries of such assessments shall be
completed so as to ensure their availability to parents at least two
(2) days prior to the Team meeting.
For evaluations being done close to the end of the school
603 CMR 28.05(1) . . . If consent is
received within thirty (30) to forty-five (45) school working days
before the end of the school year, the school district shall ensure
that a Team meeting is scheduled so as to allow for the provision of a
proposed IEP or written notice of the finding that the student is not
eligible no later than fourteen (14) days after the end of the school
- Every 3 years or sooner
the school district shall, with parental consent, conduct a full
three-year re-evaluation consistent with the requirement of federal law.
603 CMR 28.04(3) Annual reviews and three-year
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 re-evaluation
consistent with the requirements of federal law.
- Evaluation Reports to be received
before your Team meeting:
Call the school and ask for your child's evaluation
reports. By state regulation, summaries of the school evaluations
be available to parents
AT LEAST, 2 days prior (48 hours) to your Team meeting.
- 603 CMR 28.05(1): . . . Summaries of such
assessments shall be completed so as to ensure their availability to
parents AT LEAST two (2) days prior to the Team meeting.
- IEP :
- From the time the school completes their evaluations to time
receive a copy of IEP, by law must be within 45 school days.
- Within the 45 school days, of parent's permission, an IEP
is to be held to determine eligibility and create the IEP (including
- 603 CMR 28.05(1) Convening the Team. Within
(45) school working days after receipt of the parent's written consent
to an initial evaluation or reevaluation, the school district shall:
provide an evaluation; convene a Team meeting to review the evaluation
data, determine whether the student requires special education and, if
required, develop an IEP in accordance with state and federal laws; and
provide the parents with two (2) copies of the proposed IEP and
proposed placement, except that the proposal of placement may be
delayed according to the provisions of 603 CMR 28.06(2)(e);
- Your child's IEP should be available immediately
conclusion of the team meeting.
regulation 603 CMR 28.05(7)
Parent response to proposed IEP and proposed placement. Immediately
following the development of the IEP, and within 45 school working days
after receipt of the parent's written consent to an initial evaluation
or reevaluation, the district shall provide the parent with two (2)
copies of the proposed IEP and proposed placement along with the
required notice, except that the proposal of placement may be delayed
according to the provisions of 603 CMR 28.06(2)(e) in a limited number
The lastest memorandum reguarding timeline for IEP was issued from the
Massachusetts Department of
Education (DOE),by Marcia Mittnacht, State Director of Special
Education, dated December 1, 2006, titled:
Guidance: Currently, most districts have the
technology or resources that make it possible to present at least the
key service components of an IEP to the parents as they leave the
development Team meeting. This is referred to as a "summary." At
minimum, this summary of the decisions and agreements reached during
the Team meeting must include:
- (a) a completed IEP service
delivery grid describing the types and amounts of special education
and/or related services proposed by the district, and
- (b) a statement of the major goal areas associated
with these services.
providing parents with this summary at the conclusion of the Team
meeting, in the Department's opinion the district has complied with the
requirement to provide the parent with the key decisions and agreements
immediately. The district may then take no more than two calendar weeks
(this reflects the former ten (10) school working days standard) to
the complete IEP for the parent's signature and for the student's
records (both home and school).
The role of the parent:
The parent is under no obligation to wait to receive the complete IEP
to begin considering whether to consent to the proposed IEP services
and goals. We urge parents to begin their consideration while
developing the IEP in the Team meeting, and to respond to the
district's request for consent as soon as they are ready to do so. The
district's delivery of a summary at the IEP meeting, and any additional
time needed to deliver the complete IEP, does not delay the parent's
right and opportunity to respond promptly to the proposed IEP.
original memorandum issued by Massachusetts Department of Education
(DOE), Program Quality
Assurance (PQA) department, on Timelines
for Issuing IEPs, dated July 25, 2002
Stated: If you did not receive your child's IEP immediately
your team meeting, and for good reason, the IEP must be given
to the parents within three (3) calendar days, (five (5) calendar days,
if a weekend
intervenes). In this case, as a placeholder, the parents must be
given "a written summary of the decisions and agreements reached during
the Team meeting" at the conclusion of the meeting.)
The IEP arrives:
- Once you have received you child's IEP in the mail (keep the
envelope, that has the date stamped on it).
- You have 30 days to response to the school (30 days, even
the summer months and vacations).
603 CMR 28.05(7)
(a) No later than thirty (30) days after
receipt of the proposed IEP
and proposed placement, the parent shall:
1. Accept or reject the IEP in
whole or in part;
(b) Upon parental response to the proposed IEP and proposed
the school district shall implement all accepted elements of the IEP
request a meeting to
discuss the rejected portions of the IEP or the overall adequacy of the
or if mutually agreed upon, accept an amended proposal; and
2. Accept or reject the proposed placement.
- It is in your best interest to review the IEP and contact
chair about any issues that you understood differently from the team
meeting (refer to your notes, tape recording, or other team members).
- Changes can be made to the IEP as long as your response
the 30 days.
- After you receive the revised IEP you need to keep track
of how many days it has been since you signed the consent for the
initial evaluation or reevaluation. You now have up to the 45
school days since that date. This progress stops when the school
district is not willing to make
any more changes.
- When signing the IEP you can: accept, reject in part,
postpone a decision until the completion of an independent evaluation
(IEE). (This last option is no longer not printed on the IEP, but
can be written in by you).
- If you reject in part or reject the whole IEP, it is
that you write on the "see attach Parent Addendum page" and
a "Parent Addendum page" with your issues stated. (This is from
The Complete IEP Guide : How to Advocate for Your Special Ed. Child book
by L. Siegel, M. Stewart (1999), and also is suggested
- It is best to write down all your concerns, make sure they
added to the IEP.
- If you sign and reject the IEP in part or reject the whole
IEP, and you have a pervious
IEP, then the last signed IEP is in
603 CMR 28.05(7): Parent response to
proposed IEP and proposed placement. Immediately following the
development of the IEP, and within 45 school working days after
of the parent's written
consent to an initial evaluation or
reevaluation, the district shall provide the parent with two (2)
of the proposed IEP and proposed placement along with the required
notice, except that the proposal of placement may be delayed according
to the provisions of 603 CMR 28.06(2)(e) in a limited number of cases.
- 603 CMR 28.04(5)(f): Within
10 ten school days (1-10 school
the time the school
district receives the report of the independent evaluation, the Team
reconvene and consider the independent evaluation and whether a new or
IEP is appropriate.
In the mean time:
Link to our law
Special Education Regulations and Federal law - IDEA
- While your waiting for the date of your Team meeting:
- Gather samples of your child's school work, in your area
- Organize any outside letters and make summaries of your
any reports you may have from outside professionals.
- Find someone who will come and take notes at your Team
- You are allowed to bring any number of people, that know
your child to your team meeting.
- If you are bringing a lawyer the school does need to be
prior to the meeting.