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Brochure
P^fsnt's Rights
Dear Parents: Yourchild has been referred foror is currentlyreceiving special education services to provide forhis or her individual
educational needs. This brochure is designed to assistyou in understanding the special education process and your rights.
The requirements regarding special education are based on state and federal law. The relevant laws arethe following:
State Law: The statespecial education law, popularly known as "Chapter766" afterthe session law number underwhich itwas
passed in 1972, is contained in the Massachusetts General Laws (MGL) atChapter 71B. The regulations implementing the statute
are found inthe Code of Massachusetts Regulations (CMR) at603 CMR, Section 28.00.
Federal Law: The federal special education law is known as "IDEA" (Individuals with Disabilities Education Act). The statute is
located in the United States Code at20 U.S.C. § 1400. In 1997, Congress reauthorized the IDEAand the amended statute is
popularly referred to as "IDEA-97." The implementing regulations for IDEAare found in the Code of Federal Regulations (CFR) at
Chapter34. Section 300.
Thefederal and state special education laws aregrounded upon six basic principles:
1. Parent & Student Participation
2. Free and Appropriate Public Education (FAPE)
3. Appropriate Evaluation
4. Individualized Education Program (lEP)
5. Least Restrictive Environment
6. Procedural Safeguards
In thefollowing section ofthis document, each ofthe principles is described:
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services, and placementofthe student. You are entitled to have Team meetings held at a time and place mutuallyconvenientto
you and to other members ofthe Team. Ifyourchild is 14 years ofage orolder, the district must invite your child to attend Team
meetings; ify^ourchild is youngerthan age 14, you may invite yourchild to Team meetings ifyou decide it is in his orher best
interests. Ifyou are unable to participate in a Team meeting, the district is required to use other methods
(such as phone conferencing orother meeting opportunities) to ensure thatyou have the opportunity to
^JV^S participate in the discussion even ifyou cannot be present. Parents have rights to consentto or reject
proposals fortheirchild's education and to receive information in understandable written form. As the student
grows older, he orshe begins to have rights to participate in the Team process and in planning fortransition
to adult life. Additionally, the law entitles students ofanyage who are receiving special education to
1 1 participate in the general education program ofthe school, including participation in school-wide orstate-wide
I assessment programs.
I
The lawdoes notspeak directlyto your responsibilities as a parent, butthe opportunities thatthe law provides
foryour participation are intended to promote a dialogue between you and the school district on behalfofyourchild. You are
expected to share information aboutyourchild and the school district is expected to attend to the information you provide and the
concerns you present. It is importantto emphasize that special education is mostsuccessful when it is viewed as an ongoing
partnershipwith all parties having a strong interest in providing the best possible education forthe student. Although as a parent
you have many rights, it is importantto rememberthatthe relationship you build with the school district may endure for manyyears
and a positive, cooperative relationship on the partofboth parents and school district personnel is most likelyto resultin maximum
benefittothe student.
2. FAPE- Underfederal law, studentswho are eligibleforspecial education are entitled to a FREE, APPROPRIATE,
PUBLIC EDUCATION -This concept is known as "FAPE." The FAPE standard forspecial education services requiresthe school
districtto provide instructiontailored tothe individual student's needs, with sufficientsupport servicesto assistthe studentto make
meaningful educational progress. Anyspecial education services identified forthestudentare required to be provided at public expense
with no costtothe parent. All students inthe Commonwealth's publiceducation system, Including studentswith disabilities, are entitled to
theopportunityto learn the material thatis covered bythe academicstandards in the Massachusetts curriculum frameworks.
3. Appropriate Evaluation -Astudent mustreceive a complete and comprehensive evaluation to determine ifthe student
has a disabilityand is eligible for special education and, ifeligible, to assist in determining appropriate special education and related
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services that may be necessary. Parents who have a concern abouttheirchild's development or have a suspicion about a possible
disability may refertheirchild foran initial evaluation. Special words need not be used in making a referral for an initial evaluation.
Upon receiptofsuch a requestforan initial evaluation, the school district mustsend notice to the parent and must seek the parent's
consentto conduct an evaluation. (Aschool districtwill rarely have occasion to refuse to conductan initial evaluation and maydo
so only ifthe parentorother individual making the referral has no suspicion ofa disabilityor is not concerned aboutthe student's
development.) Where appropriate, the school district mayalso provide the parentwith information concerning othersupportive
services that may bettersuita particularstudent's needs. However, a school district may not refuse to evaluate a studentwho has
been referred foran evaluation as described above, on the basis ofa pre-referral program or in orderto try other instructional
support activities orforany other reason. Additionally, the law provides forperiodic reevaluations to ensure thatthe student is
benefiting from and continues to require special education. The parent's consentwill always be required priorto these
reevaluations.
In Massachusetts, in orderto be found eligibleforspecial education, a student mustdemonstrate the presence ofa disability
(autism; developmental delay; intellectual, sensory, neurological, emotional, communication, physical, or health impairment; or
specific learning disability)that prevents the studentfrom making effective progress in education and requires specially designed
instruction or related services in orderto access the general curriculum. An initial evaluation to determine eligibilitywill seek
sufficient evaluative information to make a fairdetermination that considers all ofthese factors.
Although the state testing program, the Massachusetts Comprehensive Assessment
System (MCAS) is an evaluation, it is not a partofthe evaluation conducted to determine *
ifthe student requires special education. The special education law provides protections ^ .
to ensure that every student with disabilities is included in state ordistrict-wide testing to
ensure thatthe educational needs ofstudents with disabilities are considered in a
systemicway. Therefore, your permission is not required foryourson/daughterto
participate in MCAS orany other state ordistrict-widetests. However, during the Team
meeting held to develop yourchild's Individualized Education Program (see #4 below on
lEP), you and the otherTeam members will discuss the bestway foryourchild to participate in the MCAS and note this on your
child's lEP.
4. lEP -The law providesthatthe Team develops an individualized Education Program (lEP) in written form to describe the
programs and servicesthatare needed and thatwill be provided when a student has been determined to be eligible forspecial
education. Your permission will always be requested before any lEP services are provided.
5. Least Restrictive Environment-This principle, known as "LRE", means that, ifpossible, a studentwho needs special
education services should receive those service in the general education environment, with students who do not have special
education needs. Further, LRE means that removal from the general education environment should only occur ifthe nature or
severity ofthe student's special education needs are such thateducation in general education classes with the use of
supplementary aids and services cannot be achieved satisfactorily. IDEA-97 strengthened this principle even more by saying that
no child should be removed from the general education classroomjust because ofneeded modifications in the curriculum. This
means thatthe Team is strongly obligated to consider howyourchild can be supported in the general education classroom before
even considering serving yourchild in anyothersetting.
6. Procedural Safeguards - Finally, the law provides a numberofprocedural safeguards to ensure that parents' and
students' rights are preserved, that information is provided on a timely basis, and thatservices are delivered appropriately. Parents
have considerable rights to agree ordisagree with proposals ofthe school district and also have the rightto make proposals
themselves.
The remainderofthis brochure is designed to provide specificdetail on the various procedural safeguards ofthe law.
You are notobligated to read this material, norare you obligated to exercise one or more ofthese rights. However, it may be
helpful foryou to understand the scope ofthe safeguards available to you. It is our hope that you will use this brochure to help you
understand the law, your rights, yourresponsibilities, and the responsibilities ofthe school district. No exercise ofprocedural
safeguards, however, substitutes fora positive partnershipwith the school district.
Right to Receive Written Notice
You have a rightto receive written notice within a reasonable time before the school district proposes
or refuses to initiate orchange the identification, evaluation oreducational placement ofyour child or
the provision ofFAPE to yourchild.
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This means thatwritten notice must be provided in the following specificcircumstances:
When the school district proposes to conduct an initial evaluation or reevaluation.
In rare cases, when the school district refuses to conduct an initial evaluation ora reevaluation.
When the school district proposes a neworamended lEP.
When the school district proposes a change in placement.
When a student is suspended for more than ten consecutive days in anyschool year.
When the school district proposes termination ofspecial education services.
When the school district refuses to change a previously accepted lEP or placement.
When the school district makes a finding ofno eligibilityforspecial education services.
When the school district refuses to conductan assessment atyourrequest.
When the school district refuses to provide a service you have requested that is not in yourchild's lEP, orotherwise refuses a
request you have made related tothe provision ofspecial education to yourchild.
Thewritten notice must include:
(a) a full explanation ofthe procedural safeguards availableto you underfederal special education law (as provided bythis
brochure);
(b) a description ofthe action proposed orrefused bythe school districtwhich includes:
1. an explanation ofwhythe action is proposed or refused;
2. a description ofanyoptions the school districtconsidered and an explanation ofwhy those options were rejected;
3. a description ofeach evaluation procedure, test or record used as a basis forthe action proposed or refused;
4. a description ofany otherfactors relevantto the school district's decision.
The notice must be written in simple and commonly understood words and must be in both English and the primary language ofthe
home. Any interpreter used must be fluent in the primary language ofthe home. When you oryourchild are unable to read in any
language orare blind ordeaf, the notice must be made orally, in Braille, in sign language or in writing, whichever is appropriate. If
the school district provides you notice orally or in some other mode ofcommunication that is notwritten language (such as sign
language) the school district must keepwritten documentation that it has provided you notice in such a manner; ofthe contentof
such notice; and ofthe steps taken to ensurethatyou understand the content ofthe notice.
Providing YourWritten Consent
The school district must obtain yourwritten consent before evaluating yourchild or before providing yourchild with special
education and related services according to an lEP. Specifically, this means thatyourconsent is required before the school district
mayconduct an initial evaluation or reevaluation ofyourchild and priortothe initial provision ofspecial education and related
services to yourchild and foranysubsequent lEP and placement. Once you have consented to an initial placement in a special
education program, ifyou refuse to provide consentto any subsequentactions related to special education, the school district
cannot use your refusal to consent as a basis to deny you oryourchild anyotherservice, benefit or activityto which you oryour
child may be entitled. "Consent" means that:
(a) You have been fully informed ofall information relevantto the activityforwhich consent is sought in your native language
orother mode ofcommunication; and
(b) You understand and agree in writing to the carrying out ofthe activityforwhich yourconsent is sought; and
(c) The consentform used bythe district describes the activityforwhich consent is sought and lists the records (ifany)which
will be released and to whom; and
(d) You understand that it is yourvoluntarychoiceto give consent and you may revoke yourconsentatanytime. Ifyou
revoke yourconsent, from that pointforward the district mustceasethe activityto which you had previouslyconsented.
Ifyou refuse yourconsent:
In most cases your refusal to consentwill be fully honored. However, to protectthe rights ofyourchild, the law requires the school
districtto considerthe effect ofyour refusal on the education ofyour child. At any point afteryour child isfirst placed in a special
education program, ifa school district believes yourrefusal to consentwould denyyourchild a free appropriate public education
(FAPE), the school district musttake steps to ensure that FAPE is provided. Such steps may include mediation and/or initiation ofa
due process hearing as described later in this brochure to resolve the dispute. The school districtcannot request a hearing to
dispute your refusal to consenttothe initial evaluation orinitial placementofyourchild in special
education.
Rights associated with consent:
• You have a rightto accept or refuse any proposal to evaluate yourchild.
• You have a rightto acceptor reject a proposed lEP in whole or in part orto meetwith school
representatives to discuss the lEP during a thirtyday period following receiptofthe proposed
lEP.
Parent's Rights Brochure- Page4 of8
• Ifyou accept partofthe proposed lEP, the part you accept must be implemented immediately.
• You have a rightto acceptor rejectthe placement proposed to deliverthe services on the lEP.
• At least a yearin advance ofthe timew^hen yourchild would graduate from high school, you have a rightto discuss yourchild's
proposed high school graduation and the anticipated termination ofyourchild's special education services with school officials.
In addition, you have a right to acceptorrejectthat portion ofan lEP that proposes graduation, and a rightto request mediation
ora hearing before the Bureau ofSpecial Education Appeals on the issue ofgraduation.
• If, atthe time that yourchild is scheduled fora reevaluation (usuallyeverythree years), the school district recommends that
additional evaluation is unnecessaryand asksforyourconsenttothat recommendation, you may refuse that recommendation
and requesta full orpartial reevaluation.
Your Responsibility to Provide Notice to the School District
IfYou Place Your Child in a Private School
Undersome circumstances, you maydecide thatthe public school district is not providing an appropriate education foryourchild
(see organizing principle #2 FARE, above) and you maydecide to remove yourchild from the public school program and place him
or herin a private school. Ifyou chooseto dothis and wantthe public school districtto paythe private school tuition, you are
required to notifythe school district before you remove yourchild. You mustgive this notice eitherat an lEP meeting or in written
form at least 10 business days before you remove yourchild from the public school program. You musttell the publicschool why
you disagree with the lEP and program thatthe publicschool has proposed or provided foryour child, and you muststate your
intention to remove yourchild and enroll him or herin a private school. Ifthe school asks to evaluate yourchild priorto removing
him or herfrom the public school program, you must make yourchild availableforsuch evaluation.
Giving notice tothe school district is onlythe firststep in receiving publicfunding ifyou remove yourchild fromthe public school
program. Following such removal, you must prove ata due process hearing thatthe school district program failed or is unable to
provide yourchild with FARE in a timely mannerand thatthe private school can provide your child with an appropriate education.
Ifyou complete both steps and are successful in proving yourcase, the Bureau ofSpecial Education Appeals hearing officer may
require the school districtto use publicfunds to payforyourchild's private school placement.
Right to Independent Education Evaluation (lEE)
When you payforan lEE:
Ifyou disagree with the school district's evaluation ofyourchild, you have a rightto seek an lEE. Parents mayseek an lEE at
private expense at anytime. Upon your request, the public school district must provide you with a list of personswho conduct lEEs
in yourarea ofMassachusetts, although you are not limited to using evaluators from that list.
Circumstances underwhich the school district is required to payforsome orall ofthe costs ofthe evaluation:
The state regulations require school districts tofinance lEEs forlow-income families and to share the costs of lEEs formiddle-
income families. Ifyourchild is eligibleforfree or reduced cost lunch, then, at your request, the school districtwill payforan lEE
that is equivalenttothe types ofassessments done bythe school district. Ifyourchild does notqualifyfora reduced cost lunch, he
orshe may still be eligibleforschool districtfunding, either in whole or in part, depending on yourfamily income. The school district
will askfor income information and some validating documentation. Sharing financial information with the school district is
completelyvoluntaryon yourpart. Ifyou choose to share such information, the school district musttell you promptlywhetheror not
you are eligible forfull or partial funding ofan lEE. Your rightto a publiclyfunded lEE through this
income eligibility process will extend for 16 months from the date ofthe school district's evaluation
with which you disagree.
Circumstances underwhich the school district may payforthe costs ofevaluation:
Ifyou requestan lEE paid for bythe school district and you are not income eligible or do notwish to
use the income-eligibility process, you should notify the school district in writing ofyour requestfor
public paymentofan lEE. The school district must respond to your requestwithout undue delay and
eitheragree to payforthe lEE or initiate a hearing with the Bureau ofSpecial Education Appeals
(BSEA) to showthatthe school districtevaluation was comprehensive and appropriate. Ifthe BSEA
agrees with the school district, then the district is notobliged to provide publicfunds for an lEE. Any
IEE that is paid forwith publicfunds must abide bystate requirements relating to qualifications ofthe
evaluatorand the rates charged forthe evaluation.
Parent's Rights Brochure-Page 5 of8
Consideration ofresults oflEEs:
Ifyou arrangeforan lEE (regardless ofwhetheritis paid forwith private funds orpublicfunds)and have the results senttothe
school district, the school district mustconvene a Team meeting within ten school working days ofreceiptofthe evaluation
information to considerthe evaluation and what, ifany, changes should be made tothe student's lEP based on the evaluation.
Complaints, Mediations and Due Process Hearings
Complaints orconcerns aboutwhetherthe district is following special education requirements:
The Department ofEducation encourages you to firstattempt to resolve the matterwith local school district officials. Contact your
school principal, yourAdministratorofSpecial Education, oryoursuperintendentto askfor assistance. In some cases, however,
you mayfeel thatyou need to go outside the district. The Massachusetts Departmentof Education has a "Problem Resolution
System" where you can file complaints oraskfora resolution ofa dispute about compliance with a lawor regulation. You can
contactthe Departmentdirectly at (781) 338-3700 to file such a complaint. The Departmentwill send you written information and
will request a written statement ofthe problem ifyou wish the Department
to intervene. Ifyou send written information requesting a resolution of Program QualityAssurance Services
your problem, the Departmentwill ensure it is investigated and will send Problem Resolution System
you a letterofits determination within sixty (60) calendardays of Massachusetts Departmentof Education
receiving yourwritten request. The address forthe Departmentof
350 Main Street
Education Problem Resolution System iswithin the box: Maiden, MA 02148
Mediation services orhearings:
You have a rightto request mediation ora due process hearing conducted bythe Bureau ofSpecial Education Appeals (BSEA),
wheneverthere is a dispute between you and yourchild's school districtoverthe identification, evaluation, placement, proposed
lEP, the mannerof implementation ofthe lEP, the provision ofa free appropriate publiceducation, orthe procedural protections of
state orfederal lawforyourchild. You mayobtain a list offree or low-cost attorneys and advocates to assistyou by calling the
BSEA at (781)338-6400.
The school districtalso has a rightto request mediation ora hearing held bythe BSEAforthe same reasons, exceptthat it cannot
request a hearing to dispute yourrefusal to consentto the initial evaluation or placementofyourchild in special education.
Information about mediation:
Mediation may be requested byeitherthe parent orthe school district. Mediation is a voluntary, informal process, conducted under
the direction ofa BSEA mediator, which is designed to assist you and yourschool district in reaching an agreement regarding the
issue in dispute. Ifyou reach an agreement, itwill be written down as a mediation agreement. Ifno agreement is reached, you
maystill request a hearing. Ifyou wish to schedule a mediation, orwish more information about mediation, you maycall a
Department mediatorat (781) 338-6400.
Information about hearings: Bureau ofSpecial Education Appeals
A parentorschool district may request a hearing by sending a written 350 Main Street
requesttothe addresswithin thefollowing box: Maiden, MA 02148
The hearing requestshould contain the names and addresses of: the parents orguardians and child, the school district's
representatives' and anyattorneys oradvocates involved, as well as a short statement ofthe reason whythe hearing is being
requested. A hearing requestform will be sentto you ifyou call BSEA, but it is not necessaryto usethe form in orderto make your
hearing request. When you requesta hearing, the BSEAwill provide you with a listoffree orlow-costattorneys and advocates.
The BSEAwill also send detailed information about your rights and responsibilities in regard to the requested hearing.
Wheneveryou orthe school district requests a hearing, the BSEAwill schedule a hearing and notify you and the school districtofa
mutually convenienttime and location. The BSEAwill assign an impartial hearing officerto
conductthe hearing. The BSEAwill provide you with a listof hearing officers and their
qualifications upon request.
Hearings are more formal than mediations and involve the introduction ofevidence and
recorded testimony bywitnesses. Following the hearing, the hearing officerwill issue a written
decision, determining the appropriate educational program or servicesforthe child. That
decision is binding on you and the school district, and must be implemented bythe school
district.
The cost ofattorneys and other hearing costs:
The school districtwill always payforits share ofattorney's fees and hearing costs. The BSEA does not have authorityto
reimburse you forattorney's fees and/orcosts, even ifyou prevail atthe hearing. However, ifyou prevail, and the BSEA
