Frequently Asked Questions
The
school district must provide you with a written notice when it proposes, or
refuses, to take steps to identify your student, to evaluate your student, to
provide special services to your student, or to change your student’s program.
Federal regulations call this a “prior written notice.” The written notice must:
School
districts will provide this information to you using forms developed by the ESE
and available on the ESE Web site or their own forms containing the same
information.
You
will receive prior written notice when the school district: proposes to conduct
an initial evaluation or reevaluation; proposes a new or amended IEP; proposes a
change in placement, including a proposed change in placement for disciplinary
reasons; or proposes to end special education services.
You
will also receive a notice if the school district makes a finding of no
eligibility for special education services or refuses a request you have made
related to evaluations or provision of special education to your student Notices from the school district must be provided in
your native language or other mode of communication you use, unless it is
clearly not feasible to do so. If
your native language or other mode of communication is not a written language,
your school district must ensure that the school’s notice is translated for
you orally or by other means (e.g., by sign language), and that you understand
the content of the notice.
When you are given prior written notice,
you will also be given a copy of this Notice of Procedural Safeguards, or if you
have already received this Notice during the current school year, you will be
told how you can obtain another copy. You will also be given information about whom you can contact for help in understanding federal and
state special education laws.
The
school district may not give your student a special test or special service
unless you agree and give your written “parental consent.” The school
district must clearly explain what it is proposing to do for your student and
will ask you to sign your name on the consent form to show that you agree to the
school’s proposal. This is giving “parental consent.”
Giving your consent is
voluntary. You may take back your
consent at any time. If you do, however, the withdrawal of consent will only
apply to future action by the school district not to something that has already
happened. Your school district may not use your refusal to consent to
one service or activity as a reason to deny you or your student any other
service, benefit, or activity.
Your consent is not required
before your school district may review existing data as part of your
student’s evaluation or reevaluation, give your student a test or other
evaluation that is given to all students without consent such as the MCAS or
classroom tests that are part of the general education program, or share
information with federal or state educational officials.
A school district will ask for your parental consent in the following circumstances:
To
authorize the initial evaluation to determine if the student is eligible for
special education
The
school district cannot conduct an initial evaluation of your student to
determine whether your student is eligible to receive special education and/or
related services without first obtaining your consent. If your student is
referred for an evaluation, the school district must ask for your consent to the
evaluation within five school days.
To
approve initial services
If,
after the initial evaluation has been completed, the Individualized Education
Program (IEP) Team has decided that your student is eligible for special
education, the IEP Team will propose special education and related services for
your student. You must give your consent before your school district can provide
special education and related services to your student for the first time.
If you do not consent, the school district cannot provide special education and
related services to your student. You can accept or reject the whole proposal or
part of it. The IEP or any part that you accept must begin as soon as you accept
it.
To
make a change in services, placement or reevaluation
Once you have agreed to an IEP for your
student, the school district must obtain your consent before the school district
may change the services or the placement of your student, or conduct a
reevaluation. If you refuse to give your consent, you have an obligation to
engage with the district in active discussion to resolve your disagreement. If
you and the district are unable to resolve your disagreement and the
district believes that your refusal denies your student a free appropriate
public education (FAPE), the school district must request a hearing at the
Bureau of Special Education Appeals (BSEA) to obtain authority to provide
educational services or to reevaluate your student without your consent.
To excuse members of the IEP Team from attending a Team meeting
Members of the IEP Team may be excused from
attending a Team meeting if you agree in writing in advance of the meeting. If
the Team will be discussing the excused Team member’s area, then the excused
member must provide his or her input in writing before the Team meeting. If you
do not agree to excuse the Team member he or she must attend the IEP Team
meeting.
Under
If a student is in the custody of the Department of Social Services, or the student’s parents or guardian cannot be identified or located or have had their parental rights terminated, the ESE has a responsibility to ensure there is an adult with no conflicting interests to make special education decisions on behalf of the student. This person is called an educational surrogate parent. The ESE determines if it is necessary to appoint an educational surrogate parent for the student. If appointed, an educational surrogate parent has the same rights and responsibilities as a parent in special educational matters for the student.
An Independent
Educational Evaluation (IEE) is an evaluation conducted by a qualified examiner who is not employed by
the school district responsible for the education of your student.
You
have the right to request an IEE of your student at public expense if you
disagree with the school district’s evaluation.
If you request an IEE, the school district must provide you with
information about where you may obtain an IEE and about the state requirements
that apply to IEEs.
In
If you do not meet income eligibility requirements or
choose not to disclose financial information, the district must consider your
request for a publicly funded IEE under federal law.
Within 5 days, the district may either agree to provide an IEE at public
expense or request a hearing at the Bureau of Special Education Appeals (BSEA)
to demonstrate that the evaluation conducted by the district was comprehensive
and appropriate. More details regarding IEEs are available in the ESE
Administrative Advisories 2004-1 and 2001-3 available from your local school
district and on the ESE Web site http://www.doe.mass.edu/sped/advisories/?section=admin.
You
are entitled to only one IEE of your student at public expense each time your
school district conducts an evaluation. You may
have independent evaluations conducted at your own expense at any time.
If you obtain an IEE of your student at public expense or you share with the school district an evaluation of your student that you obtained at private expense, your school district must convene a Team meeting within ten school working days after receiving the evaluation information. The Team will consider the evaluation results and determine what, if any, changes should be made to your student’s IEP.
The
student record consists of your student’s transcript and temporary school
record and includes health records, tests, evaluations, discipline records and
other records pertaining to your student’s special education eligibility or
program.
You
and your student (if your student is 14 or older) have a right to look at any
and all of the student’s records within 10 days of your request and before any
IEP meeting or due process hearing.[1]
You may also have copies of the information upon request for a reasonable
charge.
In
addition, you can meet with professionally qualified school personnel to have
the records explained. You may also have your representative (advocate,
consultant, or attorney) inspect, review, and interpret your student’s record
if you give your specific, written informed consent.
All of the rights associated with the student record are contained in the
Massachusetts Student Record Regulations 603 C.M.R.23.00.
Those
regulations can be found at http://www.doe.mass.edu/lawsregs/603cmr23.html
or by requesting a copy of the regulations from the school district or ESE.
Generally
only the parent, eligible student, authorized school personnel, and state and
federal education officials are allowed to see the student record without the
specific, informed, written consent of the parent or adult student. The school
district may be required to provide some information to state and federal
officials as the result of a court order or in response to a health and safety
or law enforcement issue. Helpful
information about these and other student records issues can be found at http://www.doe.mass.edu/lawsregs/advisory/cmr23qanda.html.
State
and federal special education laws provide many opportunities for parents to be
involved in educational planning for their student who has a disability. If
parents and school districts disagree about changes relating to the
identification, evaluation, or educational placement of a student with a
disability, or the FAPE services provided to a student with a disability, the
laws provide a menu of ways to resolve the disagreement. Your student shall
remain in his or her current education program and placement during any dispute
regarding placement or services, unless you and the school district agree
otherwise or your student’s placement is changed as a result of discipline.
Following
are alternatives ways that you and your school district can resolve
disagreements.
As a first step to resolve your dispute, you may contact your school Principal, the Administrator of Special Education or your Superintendent to ask for help. It is a good practice to write a letter explaining the situation about which you are concerned.
If you feel that you need help from outside of your school district, you may contact the ESE, Office of Program Quality Assurance Services (PQA) at 781-338-3700 to use the state “Problem Resolution System” described at http://www.doe.mass.edu/pqa/prs/. You can file a complaint with PQA about any violation of state or federal education law or obtain help from PQA staff to resolve the problem informally. If you want a formal investigation by PQA, you will have to submit your complaint in writing. PQA staff will assist you in preparing and submitting the complaint. Your written complaint should include: a statement of your concerns, your attempts to resolve your concerns, the actions by the school you believe would resolve your concerns and your signature and contact information. If your complaint is about a specific student, you should provide the student’s name and residential address and the name of the school. The issues that you are complaining about, however, must have occurred no more than one year before PQA receives your complaint. If you choose to file a formal complaint with the PQA Problem Resolution System, you must also send a copy of your written complaint to the school district that is the subject of the complaint. PQA will resolve your complaint within 60 days and send you a copy of the findings and decision.
Filing a formal complaint with PQA will not prevent you from using other methods, such as conversations with your local school district, mediation, or a due process hearing at the Bureau of Special Education Appeals (discussed below) to resolve your complaint.[2] If you request a due process hearing, however, a complaint that you file through the problem resolution system will be set aside until the due process hearing is completed.
Mediation[3] is a service provided by a neutral individual who is trained in special education law and in methods of negotiation. Mediation can be scheduled whenever the parents and schools have a disagreement about special education matters, even if a complaint was made through the PQA Problem Resolution System. The mediator helps the parent and school district talk about their disagreement and reach a settlement that both sides can accept. Discussions during mediations are confidential and nothing that is said by either party can be used later if the dispute becomes the subject of a formal hearing or court proceeding. Once an agreement is reached, it will be put in writing, both sides will sign it, and it may be enforced by a court.
Mediation can be set up by contacting the BSEA at 781-338-6443. The mediator will schedule a meeting with you and the school district within 30 days of the request for mediation. Meetings will be held at a convenient time and place. Participation is voluntary, therefore both the school district and the parents must agree to participate in mediation. There is no fee for the service.
Additional
information about how mediation works is available from the BSEA 781-338- 6400
and can be found in their publications
"Frequently Asked Questions about Mediation"[4]
and the “Explanation
of Mediation.[5]”
If you and the school district have
been unable to work out your disagreement, then you are entitled to have a
neutral and impartial hearing officer listen to both sides of the dispute, hear
testimony, examine evidence, and make a decision.
This hearing is convened by the BSEA and is called a due process hearing.
The BSEA hearing officer is trained in special education law and must not have
any personal or professional connection to you or anyone else who is involved in
the disagreement.
The
due process hearing will consider disputes about eligibility; evaluation; IEPs;
educational placement decisions, including those resulting from discipline; FAPE;
provision of special education; or procedural protections of state and federal
law for students with disabilities. You
must file for a hearing within two years of when you knew, or should have known[6]
about the events that form the basis for your complaint. This time period can be
extended if you can show that you were prevented from filing for a
hearing because the school district misrepresented that it had resolved the
issue in your complaint or if the district withheld certain required information
from you.
Either
you or your school district can file a written due
process hearing request[7]
with the other party and send a copy to the BSEA to obtain a due process
hearing. The BSEA has developed a hearing
request form[8]
that you may use,
or you can write your own letter instead of using the form, but you must be sure
to include your student’s name and
residential address (or contact
information if the student is homeless); the name of your student’s school;
a description of the problem you
are concerned about, including specific facts relating to the problem; and a proposed solution
to the problem. Note that the hearing will be limited to the issues that are
identified in the complaint.
You
must send your due process hearing request to the school district (or other
party to the complaint) and a copy to the BSEA. If the due process complaint
does not provide enough information, the opposing party may challenged its sufficiency
within 15 days. The BSEA will decide whether the complaint is sufficient within
5 days of the challenge. Additional information may be added to the complaint if
the opposing party agrees or if the hearing officer gives permission. If
additional issues are added to the complaint at a later time,
however, the hearing timetable begins all over again.
If there is no challenge to
the sufficiency of the complaint, then the hearing process continues.
If the school district has not already sent a prior
written notice to you about the issue that you are complaining about, then
within 10 calendar days of receiving your due process hearing request, the school district must send
you a written response to the complaint.
Note: If the school district
has filed the due process hearing request, the parent must respond
within 10 calendar days of receiving the hearing request, and specifically
address the issues that the school district raised.
After
you file a due process hearing request, the school district has 30 days to work
with you to resolve the disagreement before the due process hearing may occur. [9]
The
school district is required to set up a resolution
meeting within 15 calendar days of receiving your due process complaint.[10]
The school district will determine with you which members of the IEP Team
must attend the meeting. Someone from the school district who can make decisions
about your student’s program must attend the meeting. The school district’s
lawyer may not attend unless
you have a lawyer who is attending the meeting.
You must
participate in the resolution meeting unless you
and the school district agree, in writing, not to have the meeting or
if you and the school district decide to use the mediation
process. If the school district cannot get you
to participate in the resolution meeting, it can ask the hearing officer to
dismiss your complaint.
If
you are willing to meet, but the school district refuses or delays the
resolution meeting more than 15 days after receiving notice of your hearing
request, then you can ask the hearing officer to proceed with the hearing
process. If you meet, but the school district has not resolved the
due process complaint to your satisfaction within 30 days of your filing the
complaint, then the due process hearing may go forward.
The resolution process ends when one of the
following events occurs:
·
When you and the school district agree, in
writing, to end the resolution period;
·
At the end of the 30 day resolution period;
·
At the end of mediation; or
·
When you and an official of the school district sign a
document that spells out your agreement that resolves your dispute.
This is a “settlement agreement” and can be enforced by a state or
federal court. Note that if
you and the school district enter into an agreement as a result of a resolution
meeting, either you or the school district may void the agreement within 3
business days of the time that both you and the school district signed the
agreement.
When
you file a due process complaint, the BSEA will set a hearing date, assign a
hearing officer, and send you detailed information about the hearing process and
a list of free or low-cost attorneys and advocates whom you may contact for
help.
During the due process hearing you and the school district will each present evidence and provide the testimony of witnesses to an impartial hearing officer from the BSEA. At any due process hearing, including a hearing relating to disciplinary procedures, you may:
·
be accompanied, advised and represented by a lawyer
and/or advocate;
·
have your student present at the hearing;
·
have the hearing open to the public;
·
present evidence such as documents and
reports;
·
request, or require through subpoena,
witnesses to come to the hearing and answer questions;
·
see any evidence that is to be used at the
hearing at least five business days ahead of time and ask the hearing officer to
keep out any evidence that you have not seen; and
·
obtain a written or, at your option,
electronic, word-for-word record of the hearing findings of fact and decision at
no cost to you. To obtain a written record of the hearing, you must make your
request in writing.
Additional information about due process hearings can be
obtained from the BSEA at 781-338-6400 and from the BSEA Web site:
http://www.doe.mass.edu/bsea/process
Hearings are conducted according to the Massachusetts Administrative Procedure Act[11] and the BSEA Hearing Rules.[12] The hearing officer must issue a final decision within 45 days of the end of the resolution period described above unless the hearing officer has granted extensions of time at the request of either party. The hearing officer will send a copy of the decision to you and to the school district. Both the parents and the school district must abide by the decision of the hearing officer.
A hearing officer’s decision on whether your student is being offered a FAPE must be based on a finding that your student’s special education rights were violated or a determination that the school district failed to fulfill its other obligations to your student under the special education laws and regulations. If you have complained about a violation of the special education procedures (such as failure to hold a proper team meeting, poor record keeping, or failure to follow timelines) a hearing officer may find that your student did not receive FAPE only if the failure to follow the procedures:
·
Interfered
with your student’s right to a FAPE;
·
Significantly
interfered with your ability to be involved in decisions about your student’s
education; or
·
Deprived
your student of an educational benefit.
The decision of the hearing officer is a final agency
decision and cannot be reconsidered by the BSEA or changed by the ESE.
Hearing decisions are public[13]
and are available on the BSEA Web site at http://www.doe.mass.edu/bsea/decisions.html.
If either the parent or the school district disagrees with the decision of the hearing officer, they can seek review of that decision in state or federal court. Any such request for review must be filed within 90 days of the decision.
Each
party is responsible for paying its own attorney’s fees unless the court
decides otherwise. If you obtain a favorable result in a written hearing
decision or court proceeding, the court [14]
may decide that the school district should pay your reasonable attorneys’
fees. Note, however, that you will
not be able to obtain these fees for the time spent litigating your case after
the district made a settlement offer if
·
the district made a written offer of settlement 10 or
more days before the hearing,
·
you did not accept the offer within 10 days, and
·
the outcome of the hearing was no better than the
settlement offer.
A court could order you or your attorney to pay the
school district’s or state agency’s legal expenses if
the court finds that your attorney filed a complaint or continued to litigate
after learning that the complaint had no basis in fact, was unreasonable, was
frivolous, or was pursued for an improper purpose.
There are some occasions when a
parent believes that the public school is not providing a FAPE to the student
and the parent decides to place the student in a private school. A parent may
enroll his or her student in private school at private expense at any time.
If, however, the parent believes that the public school should be
responsible for the costs of the student’s education in the private school,
the parent must tell the school district of objections to the student’s IEP
and program, reject the IEP, inform the school district of his or her intent to
remove the student and enroll the student in a private school, and request a
hearing by the BSEA. A parent must inform the school district before removing
the student from the public school either orally at the last Team meeting before
the removal or in writing at least 10 business days before removing the student
from school.
The school district is not required to pay for a student to attend a private school if the school district has made a FAPE available to the student. Disagreements between parents and the school district about whether the student’s program provides a FAPE and requests for financial reimbursement for the cost of a private program may be resolved through due process procedures discussed earlier in this document. The hearing officer will determine whether the school district made a FAPE available to your student. If the hearing officer finds that the school district did not provide your student with a FAPE, that you followed the above steps, and that the private school placement was appropriate, the hearing officer, after considering all of the circumstances surrounding the removal of the student, may require the school district to reimburse you for all or part of the cost of the private school placement.
Planning
for your student’s transition to post secondary opportunities must begin when
your student is 15, and must be discussed each year. The school district must
discuss your student’s transition needs with you and your student and must
consider the goals for your student after he or she completes school by
graduating with a regular high school diploma or reaching the age of 22. School
districts must use the Transition
Planning Form[15]
to record the results of this annual discussion. Your student’s IEP must
include measurable post-secondary transition goals, objectives and services
based upon an appropriate assessment of his or her disability and transition
needs.
Graduation
with a regular high school diploma is a change of placement and ends the
student’s eligibility for special education. The school district must inform
you if and when the district expects your student to graduate with a regular
high school diploma. This discussion should take place during the Team meeting
no less than 1 year in advance of the student’s graduation.
Public schools must have procedures
and standards in place to assure a safe learning environment for students. Schools
are expected, and high schools are required, to publish their rules of conduct
so that students know how they are expected to behave.
If a student misbehaves and violates the school code of conduct, the
school may discipline the student. Discipline must be fair and even-handed.
In general, any student may be
suspended or removed from school for disciplinary reasons for a short time,
which is no more than 10 days. Before any removal or suspension the student must
be told what he or she is accused of having done and must be given a chance to
tell his or her side of the story. During a short disciplinary removal, the
school is not required to provide instruction to a disabled student unless it is
does so for non-disabled students. Once a student with a disability has been
removed from the school placement for more than 10 cumulative days during the
school year the student must receive educational services that will allow the
student to continue to participate in the general education curriculum and to
progress toward the goals set out in his or her IEP. School officials must
consult with at least one of the student’s teachers to determine what services
are necessary. These services must begin on the 11th school day of a
student’s disciplinary removal during the school year and continue during the
disciplinary removal.
Schools must follow special
disciplinary rules for students with
disabilities who have been found eligible for special education.[16]
A chart depicting the operation of these disciplinary rules can be found on the
ESE Web site.[17]
These special disciplinary rules apply as soon as a student is removed from his
or her current education placement[18]
for more than 10 days in a row, or if a student is removed for disciplinary
reasons for more than a total of 10 days in any school year and there is a
pattern of removal for comparable behaviors. The school must notify you as soon
as the decision is made to remove your student from his or her education
placement for more than 10 days and provide you with a copy of this Notice.
The student’s IEP Team must meet
within 10 days of the school’s decision to impose the discipline. At this
meeting, called a “manifestation
determination,” you and other members of the IEP Team will determine if
the misbehavior was caused by or had a direct relationship to the student’s
disability, or was the direct result of the school’s failure to provide the
services required by the student’s IEP. In making the manifestation
determination, you and other members of the IEP team must consider relevant
information from your student’s file, including your student’s IEP, your and
the teachers’ observations of your student’s behavior, and any relevant
information you provide.
If the team determines that the
student’s behavior was not caused by
or directly related to the student’s disability or the failure to properly
implement the IEP, then a student with a disability can be disciplined in the
same manner and for the same length of time as other students are disciplined
for the same offense.
The IEP Team, however, must
determine the interim alternative educational setting (IAES)
where the student will be
placed and the educational services that will be provided. An IAES is a setting other than the student’s current placement that
enables the student to continue to receive educational services according to his
or her IEP. School personnel may consider the student’s unique
circumstances in determining whether a change in placement is appropriate for a
student with a disability.
If the Team determines that the
student’s behavior was caused by or directly related to the student’s
disability or the failure to properly implement the IEP, then the student must
be returned to the last approved IEP placement unless you and the IEP Team
decide on a different placement. The
student must also be provided a functional behavioral assessment. A functional
behavioral assessment or FBA is a comprehensive assessment of behavior that
provides the IEP Team with information about the student’s behavior and
identifies behavioral intervention services and program modifications that are
designed to address the behavioral violation so it does not recur. If the
student has already had a functional behavioral assessment and has a behavioral
intervention plan, then the IEP Team should determine if any changes should be
made to the behavioral intervention plan. If the behavior was caused by the
failure to properly implement the IEP, the school must take immediate steps to
remedy the deficiencies.
Note that if your student possessed
or used a weapon or drugs, or caused serious bodily injury to another person on
school property or at a school event your student may be placed by the principal
in an IAES for up to 45 school days
without regard to whether the behavior is determined to be a manifestation of
the student’s disability. The IEP
Team will determine the IAES and the appropriate educational services that will
be provided to the student while he or she is in the IAES
If
a parent disagrees with any decision regarding placement of his or her student
under the disciplinary provisions or disagrees with the manifestation
determination, or if the school district believes that maintaining the current
placement of the student is substantially likely to result in an injury to the
student or to others, either the parent or the school district may appeal the
decision by requesting a hearing with the BSEA, as
described earlier in this document.
The
BSEA will convene a hearing on a disciplinary placement or manifestation
determination on an expedited schedule.[19]
During the appeal of a disciplinary placement or manifestation determination,
the student must remain in the IAES until the hearing officer makes a decision
or the disciplinary period is completed, unless the parent and the school
district agree to a different placement.
You can find the full text of the state Special
Education law in Massachusetts General Law Chapter 71B.
The state law is popularly known as “Chapter 766.”
The state special education regulations are found in the Code of
Massachusetts Regulations (CMR) at 603 CMR 28.00. The law and the regulations
and other helpful resources are on
the ESE Web site.[20]
The federal special education law is the Individuals
with Disabilities Education Act, known as “IDEA.”
The federal statute is located in the United States Code at 20 U.S.C. §
1400. The
implementing regulations for IDEA may be found in the Code of Federal
Regulations (CFR) at Chapter 34, Section 300. A copy of the federal statute and regulations and
explanatory information can be found on the U.S. Department of Education Web
site at http://idea.ed.gov/.
A
general overview of how the special education process works (taken from the IEP
guide prepared by the USDOE) can be found at http://www.doe.mass.edu/sped/iep.
For
the ESE explanation of the how an IEP is developed, consult the IEP Process
Guide and the standard IEP forms available on the ESE Web site: http://www.doe.mass.edu/sped/iep
Many
common special educational phrases are abbreviated by acronyms composed of the
initial letters of the phrase. For
your convenience the acronyms and phrases used in this document are listed
below:
BSEA: Bureau of Special Education
Appeals
CFR: Code of
Federal Regulations
CMR: Code of
Massachusetts Regulations
ESE: Massachusetts
Department of Elementary and Secondary Education
FAPE: Free Appropriate Public
Education
FBA: Functional
Behavioral Assessment
IAES: Interim
Alternative Educational Setting
IDEA: Individuals
with Disabilities Education Act
IEE:
Independent
Educational Evaluation
IEP: Individualized
Education Program
PQA: Program Quality
Assurance Services
Bureau
of Special Education Appeals
http://www.doe.mass.edu/bsea/decisions.html
http://www.doe.mass.edu/bsea/forms/hearing_rules.doc
http://www.doe.mass.edu/bsea/forms/hearing.doc
http://www.doe.mass.edu/bsea/mediation.html
http://www.doe.mass.edu/bsea/forms/m_brochure.doc
http://www.doe.mass.edu/bsea/mediation.html?section=faq
http://www.doe.mass.edu/bsea/process.html
Discipline: http://www.doe.mass.edu/sped/IDEA2004/spr_meetings/disc_chart.doc
Individuals with
Disabilities Act: http://idea.ed.gov/.
Individualized
Education Program: http://www.doe.mass.edu/sped/iep
Independent
Educational Evaluation: http://www.doe.mass.edu/sped/advisories/?section=admin
Parent’s
Notice of Procedural Safeguards: http://www.doe.mass.edu/sped/prb.
PQA
Problem Resolutions System compared to BSEA Due Process Complaint
http://www.doe.mass.edu/sped.docs.html
Program
Quality Assurance Services Problem Resolution System: http://www.doe.mass.edu/pqa/prs
Special
Education Laws and Regulations: http://www.doe.mass.edu/sped/laws.html
Special
Education Transition Planning Form: http://www.doe.mass.edu/sped/28MR/28m9.doc
Student
Records Regulations: http://www.doe.mass.edu/lawsregs/603cmr23.html
Student
Records Questions and Answers
http://www.doe.mass.edu/lawsregs/advisory/cmr23qanda.html?section.
[1] The school district can only limit access to the student record if it has received a legal document such as a restraining order or a divorce or custody decree that restricts access to information about the student’s.
[2] For a comparison of how the problem resolution system resolves a complaint with how a complaint is resolved through a due process hearing see: http://www.doe.mass.edu/sped/docs.html
[3]
A description of the mediation process can be found on the ESE Web site at http://www.doe.mass.edu/bsea/mediation.html
[6] The phrase “or should have known” reminds you that you have a responsibility to be aware of your student’s’s program.
[7] Information on the due process hearing request can be found at: http://www.doe.mass.edu/bsea/process.html?section=1
[9] If you and the school district agree to mediation, you may agree to continue the mediation after the 30 day period.
[10] No resolution session is required if the school district has requested the due process hearing.
[11] M.G.L. c.30A
[13] Hearing decisions are published after redacting information that would allow the student to be readily identified.
[14] A BSEA Hearing Officer may not award attorney’s fees.
[16] The special education disciplinary rules also apply to some students who have not yet been found eligible for special education. If, prior to the conduct in question, the parent has put his or her concern that the student’s has a possible disability in writing to supervisory or administrative personnel or the student’s teacher; if the teacher or other staff has expressed concerns about the student’s pattern of behavior directly to the director of special education or other supervisory personnel, or if the student has been referred for an evaluation that has not yet been completed these special rules apply. The special education disciplinary rules do not apply if the parent has refused to consent to the evaluation or if the student has previously been found to be not eligible for special education.
[18] Placement is determined by the IEP Team and is the location where IEP services are provided.
[19] See BSEA Hearing Rule II.C. Expedited Hearing. http://www.doe.mass.edu/bsea/forms/hearing_rules.doc p.6.
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