Home to some of the world's top universities, Massachusetts is known for the value it places on education. The state routinely ranks as the best-educated state in the U.S.
For students with disabilities, access to top-tier schools and educational opportunities means little without proper support as part of their education. The United States gives all children the right to a free appropriate public education, and for students with disabilities, that right extends to special education services.
IEPs are perhaps the most important document for students with disabilities. These legally binding documents provide students with the special education services they require to succeed in school.
If and when your student with disabilities is not receiving the support and services they require as part of their education, the Lento Law Firm's Education Law Team can help. Whether a school denies a student's eligibility for an IEP, fails to implement an IEP, or provides inefficient accommodations, we can help.
The Lento Law Firm focuses on resolutions that keep the focus on your student and their education. Parents and guardians can call us at 888-535-3686 or fill out an online form to learn more about how we can assist your student.
What is an IEP?
An Individualized Education Program (IEP), sometimes called an Individual Education Plan, is a written document that lists the services, support, accommodations, and modifications a school must provide to a student with disabilities. Once families and schools agree on an IEP, the document becomes legally binding. IEPs should not, however, be considered as set in stone but should instead be viewed as flexible documents that can be amended as needed.
IEPs should be tailored to each student. Students are more than their disabilities, and IEPs should reflect each student and not simply their disabilities. Two students with the same disability may require drastically different support, or a student's needs may change over time. This is one reason why federal law requires IEPs to be revised annually and also allows families to request a revision at any point during the school year.
The Massachusetts Department of Education provides a central hub for IEP resources within the state. Beginning in the 2023-2024 school year, Massachusetts rolled out a new IEP process. The goal of the program is to improve IEPs and, by extension, student outcomes.
Federal Law
Of the three federal laws that govern disability rights, the Individuals with Disabilities Education Act (IDEA) is the most relevant for K-12 students. It not only establishes IEPs but also explains a school's obligations to support students with disabilities.
The two other federal disability rights laws, the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 can also be relevant. ADA is the broadest of the three laws, and both ADA and Section 504 use the same definition of disability.
Under Section 504 and the ADA, someone has a disability when they have a physical or mental impairment that substantially limits at least one major life activity. When a student does not qualify under IDEA for an IEP, they may qualify for support and protection under ADA or Section 504, such as with a 504 Plan.
In general, all students who qualify as having a disability under IDEA are also protected by the ADA and Section 504. On the flip side, not all students who receive protection under the ADA or Section 504 are eligible for protection under IDEA or an IEP.
IDEA
IDEA establishes that schools must identify and support all individuals who:
- May have a disability
- Are under the age of 21, and
- Have not graduated from high school
Once a student graduates from high school, they no longer qualify for protection under IDEA. Put another way, colleges and universities do not have to provide students with an IEP.
IDEA requires public schools to provide services to all children who live within their boundaries, even if the child isn't enrolled in their local school. Students who attend private schools or are homeschooled may still receive services and support from their local public schools.
Boston Public School's Family Guide for Students with Disabilities includes a section on how students ca.n receive services from the district even when not enrolled. Students who live in Boston but attend a private school located within another public school district's boundaries can also request services through that school district.
For students who are eligible under IDEA, Boston Public Schools will meet with families to craft an IEP. Families can begin this process by submitting a written document requesting an eligibility screening through their local school.
Common Terms
For families new to the world of special education, one of the barriers can be the significant number of unique terms and acronyms. Some are specific to a disability, while others are more general.
Free Appropriate Public Education (FAPE), Least Restrictive Environment (LRE), reasonable accommodations, and undue burden are four of the more frequently used terms.
FAPE
The United States requires that all students receive a free appropriate public education. This right is for the K-12 school years and includes special education services for students who have disabilities.
LRE
The goal of LRE is inclusion. LRE focuses on placing students in general education classrooms as much as possible, including participating in the general school community and extracurricular activities.
The Public Schools of Brookline describe the importance of inclusion on its special education page. The district focuses on the need for a continuum of services that provides flexibility for individual students.
The exception to LRE is when a student would be better served by an alternative placement. Students with severe disabilities may require more individualized support, or students may prefer an educational option that centers on their disability. For example, Massachusetts has several dedicated schools and programs for students with hearing impairments.
Reasonable Accommodations
Schools must provide students with reasonable accommodations. Accommodations will generally meet this standard when they are effective – not the most effective, merely effective in supporting a student's ability to learn.
A district does not have to provide the newest or priciest accommodations. They may also balance a requested accommodation against the burden it would place on the school community.
Undue Burden
Schools do not have to provide accommodations or placements that place an undue burden on the school or a member of the school community. This term is most often used when discussing reasonable accommodations, but it may also be used regarding LRE and classroom placements. Some examples of an undue burden:
- Accommodations that would place a significant financial burden on a school
- Accommodations that would place other students at a disadvantage
- Accommodations that would require a significant time commitment from a teacher or other staff member
- Placements that would interfere with other students' access to FAPE
Schools do not have to provide students with accommodations or placements that are identical to their non-disabled peers. The goal is to put them on a similar footing with their classmates.
If a school denies an accommodation or placement on the basis of undue burden, families will need to show why the school is overstating or misinterpreting the situation. The Lento Law Firm can help families show why an accommodation or placement is not only reasonable and in a child's best interests but would not place an undue burden on the school or any member of the school community.
Massachusetts IEP Improvement Project
As of 2003, the federal government has not reauthorized IDEA since 2004. To put this date into perspective, YouTube and Twitter did not exist, and Google was less than a decade old.
For students with disabilities, this means that IDEA does not address technological changes or the increasing use of programs and devices such as EdTech, tablets, and remote learning as part of the educational process. This lack of revision means that IDEA does not incorporate more recent research and understanding of disabilities.
To combat this problem, some states have begun to draft updates to their special education rules, including IEPs. Massachusetts is one of these states.
Beginning in the 2023-2024 school year, Massachusetts put its IEP Improvement Project into practice. Dover-Sherborn Public Schools includes links to the updated forms on its website.
A letter to parents, published in September 2023, lists the three major goals of the new IEP process:
- Enhanced collaboration
- Better clarity and consistency
- More comprehensive documentation
The new IEPs emphasize the individual student and adopt the whole-child approach. IEPs should not just be about a student's disabilities but also their strengths, challenges, and goals. Including a student's goals is especially important as they may inform how best to support a student in achieving these goals.
The Improvement Project is not expected to be a static program. Instead, the goal is that the state continues to refine the project to better serve students and create more effective IEPs. The Department of Education regularly updates the IEP Improvement Page, and Lento Law Firm's Education Law Team keeps abreast of any changes for our clients.
How to Qualify for an IEP
Just as each IEP should be unique to the student, how a student qualifies for support should vary depending on factors including age and suspected disability. A student's school or medical records may also be relevant when determining a student's disability.
The general steps are as follows:
- Referral
- Evaluation
- Initial Meeting
- Annual Review
- Reevaluation
Sudbury Public Schools provides a good overview of the IEP process. While specific to their district, much of the information is useful to students throughout Massachusetts.
Qualifying Disability
To get an IEP, students must have a qualifying disability that impacts their education. In Massachusetts, the following are qualifying disabilities:
- Autism
- Developmental Delay
- Intellectual Impairment
- Sensory Impairment
- Neurological Impairment
- Emotional Impairment
- Communication Impairment
- Physical Impairment
- Health Impairment
- Specific Learning Disability
Massachusetts provides definitions of each disability as part of its Education Code. The state also provides an easier-to-read version of these definitions.
Child Find
IDEA requires that all school districts have procedures for identifying and referring children with disabilities. Known as Child Find, this program includes making contact information available so parents and others can refer a child.
While Child Find often focuses on early intervention, any student who is under 21 and has not graduated from high school may be referred via Child Find. Disabilities may develop or become apparent at different points of a child's education.
As part of its Child Find program, Plymouth Public Schools includes both contact information and information about referring and evaluation. Much of the district's information applies to students throughout Massachusetts:
- While the district emphasizes early identification and intervention, families may refer, sometimes in conjunction with a child's doctor, any K-12 student for evaluation to determine eligibility
- All children with disabilities should be referred for evaluation, regardless of the disability's severity - even “minor” disabilities can have a profound impact on a child's education
Plymouth also lists what information parents or guardians should provide when referring a child.
While individuals may call a district to make a referral, families may wish to make their request for an evaluation in writing. Some districts may also use an online form.
When requesting an evaluation, families should expect to provide their child's name and date of birth, at least one parent's name and date of birth, and contact information, including phone number and street address. The initial referral should also explain why a parent or doctor believes a child has a disability.
Evaluation
For special education purposes, Worcester Public Schools defines a disability as a condition “characterized by significant delays, impairments, or limitations in the student's capacity.” The district provides four patterns of difficulty to consider when determining if a student has a disability:
- Persistent issues beyond age expectations
- Difficulty in a variety of settings
- Challenges that aren't solely the result of cultural, linguistic, or socioeconomic differences and
- Continuing issues despite instructional support activities
IDEA requires that assessments be “sufficiently comprehensive.” Evaluations will vary depending on what's already known about a student's disability, the student's age and abilities, and the student's suspected disability.
Evaluations and assessments are important not just because they establish a student's eligibility. They also shape what services and support a student will receive. Insufficient or incomplete assessments may result in a student not receiving the support they need as part of their education.
Initial IEP Meeting
If a student is found eligible for special education services, schools will schedule a meeting with the family. Students may attend these meetings, and a student's attendance can be useful as far as preparing them to advocate for themselves in both college and the workforce.
At IEP Meetings, families and school staff will discuss what services, support, and accommodations a student will receive. This will include a student's placement, whether they're eligible for extended school year (ESY) services, and a student's goals and strengths.
Parents can review the new IEP form via the IEP Improvement Project. Families may also wish to ask their school staff about how their district has incorporated these changes, including staff training.
Annual IEP Review
IDEA requires annual meetings to revise student's IEPs. While parents can waive these meetings, they should attend even if they believe their student's IEP is currently effective.
These annual meetings are an opportunity to identify any weaknesses in an IEP or any services or support that are no longer effective. A student's age and the progress they've made over the last year may also mean they need different support. What benefits a first grader may not be as useful to a fourth grader.
Parents and guardians may also request a meeting at any point. If a student's IEP is no longer supporting that student, or if an IEP is not being properly implemented, families should schedule a meeting to discuss these issues as soon as possible. An IEP that doesn't provide efficient accommodations or support may result in a student falling behind.
Reevaluation
IDEA requires that students be reevaluated every three years. Families and schools may decide to waive this requirement if they don't believe it would benefit the student or result in any changes to the student's IEP.
Dispute Resolution
IDEA requires that all states offer dispute resolution options for disagreements over special education. Massachusetts offers more options than federal requirements, which can be good for families but may make the process more challenging to navigate.
The Department of Elementary and Secondary Education operates the Problem Resolution System (PRS). The Bureau of Special Education Appeals (BSEA) handles the dispute resolution processes for disagreements that fall under IDEA. Some cases may be eligible for either PRS or BSEA, and an attorney can help families understand the pros and cons of each option and what's best for their unique situation.
IDEA requires the following types of dispute resolution:
- Mediation
- State Complaints
- Due Process Hearings
When possible, families should first seek an informal resolution with a school. Talking with a child's teacher or scheduling a meeting to discuss concerns should be the first step to ending a disagreement.
District-Specific Programs
School districts should provide students with a continuum of services. As Cambridge Public Schools demonstrates with a chart, the majority of students with disabilities will spend all or most of their time in general education classrooms. Some students may require, either temporarily or permanently, support beyond what a student can receive in general education classrooms.
What special education services a school district has can play a huge role in a student's IEP. Especially when moving between districts, parents should not simply assume that the new school offers the same programs and services as a student's previous school.
When moving between schools, even if schools are in the same district, families should expect to have a meeting about their student's IEP. They should plan to discuss any needed revisions so the IEP will better reflect the new school's special education services.
Types of Services
Schools often do provide similar services, such as speech or language therapy or preschool and early intervention services. Families should also ask about what services and support schools provide above and beyond federal and state laws.
Norfolk Public Schools publishes an annual list of its special education programs and services. Such guides are useful as families can review this information ahead of IEP meetings. Even if a district doesn't publicly post this information, parents and guardians should ask about this information ahead of meetings to have more time to review options.
The Norfolk Guide lists services and provides a summary and information by age group. This is another important component of IEPs: Whether services are appropriate for a student's age and skill level.
Weston Public Schools also publishes a guide of its special education services. It includes a list of services, many of which are offered by most school districts. Services and support that are often included in a student's IEP include:
- Speech and Language
- Occupational Therapy
- Physical Therapy
- Orientation and Mobility
- Counseling
- Applied Behavior Analysis
- Services for the Visually Impaired
- Services for the Deaf and Hard of Hearing
- Assistive, Augmentative technology
- Medical/Nursing
Transition Programs
As part of its transition services, Hopkinton Public Schools operates the 18-22 EXCEL program. The program's goal is to increase academic and career success for students with disabilities who are between 18 to 22 years of age. The program includes a shop that sells items designed by students in the EXCEL program, with proceeds going to support the program.
As a state, Massachusetts also offers the Bureau of Transitional Planning. Informally referred to as Chapter 688 or the “Turning 22” law, the goal is to provide students with continuing support after they age out of IDEA protection or graduate from high school.
Protect Your Student's Education
All students with disabilities have the right to special education services as part of their education. For students who qualify under IDEA, that includes an effective IEP. When school districts fail to provide or implement an IEP, students risk falling behind in school or even dropping out.
The Education Law Team at the Lento Law Firm assists families in Massachusetts and nationwide with disability rights issues in education. Whether you call the Back Bay or Western Mass home, we can help your student access the support they require as part of their education. We help our clients find collaborative solutions to support their students. Contact us at 888-535-3686 or fill out an online form.
