Know Your Rights. Walk In Prepared.

A legally binding written plan developed by the IEP Team that describes your child’s present levels of performance, annual goals, special education services, accommodations, and placement. The IEP must be reviewed at least annually.

A plan developed under Section 504 of the Rehabilitation Act that provides accommodations and supports to ensure a student with a disability has equal access to education. Unlike an IEP, a 504 Plan does not require specially designed instruction.

The federal law that guarantees children with disabilities the right to a free appropriate public education (FAPE) in the least restrictive environment. IDEA governs IEPs, evaluations, procedural safeguards, and dispute resolution.

The Massachusetts state regulations that implement IDEA and, in many areas, provide stronger protections for students and families than federal law. Where Massachusetts law is stricter than IDEA, Massachusetts law governs.

The Massachusetts state statute governing special education, sometimes called the ‘Massachusetts special education law.’ It works together with 603 CMR 28.00 to define the rights of students with disabilities in Massachusetts public schools.

The comprehensive assessment conducted by the school district to determine whether a child has a disability and is eligible for special education services. Must be completed within 30 school working days of receiving parental consent in Massachusetts.

A review of a student’s eligibility and needs is required at least every 3 years (or sooner if conditions warrant or if you request one). The school must obtain your consent before conducting a re-evaluation.

An evaluation conducted by a qualified examiner who is not employed by the school district. If you disagree with the school’s evaluation, you may request an IEE at the school’s expense. Your right to a publicly funded IEE lasts 16 months from the date of the school’s evaluation in Massachusetts.

A determination by the IEP Team that a student has 1 or more of the 13 disability categories under IDEA (or a disability under Section 504) and that the disability adversely affects educational performance, requiring special education services.

A section of the IEP that describes how your child is currently performing in academic and functional areas. All IEP goals must be directly connected to the present levels. Also called ‘present levels’ or ‘PLOP’ (Present Levels of Performance).

The right of every eligible student with a disability to receive special education and related services at no cost to the family, that meet the student’s unique needs and prepare the student for further education, employment, and independent living.

The requirement that students with disabilities be educated alongside students without disabilities to the maximum extent appropriate. Removal from the general education setting should occur only when the nature or severity of the disability is such that education in general classes cannot be achieved satisfactorily, even with supplementary aids and services.

Instruction that is adapted in content, methodology, or delivery to address the unique needs of a student with a disability. SDI is the core of special education and distinguishes an IEP from a 504 Plan.

Developmental, corrective, and other supportive services are required to help a student with a disability benefit from special education. Examples include speech-language therapy, occupational therapy, physical therapy, counseling, and transportation.

Changes to how a student accesses information or demonstrates knowledge — without changing the content or expectations. Examples include extended time, preferential seating, use of a calculator, or text-to-speech software. Accommodations do not lower standards.

Changes to what a student is expected to learn or demonstrate — they alter the content or performance expectations. Modifications are different from accommodations and may affect a student’s ability to earn a standard diploma.

Special education services are provided beyond the regular school year when the IEP Team determines that the student would experience significant regression without continued services. ESY is not the same as summer school and must be individualized.

A coordinated set of activities designed to help a student move from school to post-secondary education, vocational training, employment, and independent living. In Massachusetts, transition planning must begin by age 14 (earlier than the federal requirement of age 16).

The group of people responsible for developing, reviewing, and revising a student’s IEP. Required members include the parent(s), at least 1 general education teacher, at least 1 special education teacher, a Local Education Agency (LEA) representative, and someone who can interpret evaluation results. The student should be included when appropriate.

The school district or other public agency is responsible for providing a student’s education. At IEP meetings, the LEA representative must be qualified to provide or supervise special education, be knowledgeable about the general education curriculum, and have authority to commit district resources.

The school district staff member who facilitates the IEP Team meeting. In Massachusetts, the Team Chair is typically a special education administrator or coordinator. The Team Chair is responsible for scheduling meetings and ensuring procedural requirements are met.

Written notice the school must provide before proposing or refusing to initiate or change your child’s identification, evaluation, placement, or the provision of FAPE. The PWN must explain what the school proposes or refuses to do and why.

The legal protections guaranteed to parents and students under IDEA and Massachusetts law. These include the right to participate in IEP meetings, the right to consent, the right to records, the right to an IEE, and the right to dispute resolution. The school must give you a copy of the Procedural Safeguards notice at least once per year.

The Massachusetts state agency that hears disputes between parents and school districts about special education. The BSEA offers mediation, facilitated IEP meetings, and due process hearings. It is part of the Division of Administrative Law Appeals (DALA).

A voluntary, confidential process in which a trained mediator helps parents and the school district reach a mutually acceptable agreement. Mediation is available through the BSEA at no cost to either party. Requesting mediation does not waive your right to a due process hearing.

A formal legal proceeding before a BSEA Hearing Officer to resolve disputes about a student’s identification, evaluation, placement, or the provision of FAPE. Either party may request a hearing. The hearing officer’s decision is binding but may be appealed to state or federal court.

A written complaint filed with DESE alleging that a school district has violated state or federal special education law. DESE must investigate and issue a written decision within 60 calendar days. A state complaint is different from a due process hearing and may be filed at any time.

Also called ‘pendency,’ this is the right of a student to remain in their current educational placement while a due process hearing or appeal is pending, unless the parents and school district agree otherwise. Stay put protects students from unilateral changes by the school during a dispute.

Applied Behavior Analysis — a therapy approach often used for students with autism.

Assistive Technology — devices or services that help a student with a disability access the curriculum.

Behavior Intervention Plan — a plan developed to address challenging behaviors that interfere with learning.

Department of Elementary and Secondary Education — the Massachusetts state education agency.

Extended School Year — special education services provided beyond the regular school year.

Free Appropriate Public Education — the core right guaranteed by IDEA.

Functional Behavior Assessment — an assessment to identify the function or purpose of a student’s challenging behavior.

Independent Educational Evaluation — an evaluation by a qualified examiner not employed by the school district.

Individualized Education Program — the legally binding plan for a student’s special education.

Local Education Agency — the school district.

Least Restrictive Environment — the requirement to educate students with disabilities alongside peers without disabilities to the maximum extent appropriate.

Occupational Therapy — a related service that helps students develop fine motor, sensory processing, and daily living skills.

Present Levels of Academic Achievement and Functional Performance — the section of the IEP describing current performance.

Physical Therapy — a related service addressing gross motor skills and physical functioning.

Prior Written Notice — written notice required before the school proposes or refuses to change identification, evaluation, or placement.

Specially Designed Instruction — instruction adapted to meet a student’s unique needs; the core of special education.

Speech-Language Pathologist — a specialist who provides speech-language therapy as a related service.

Section 504 of the Rehabilitation Act — a civil rights law providing accommodations to students with disabilities who do not qualify for an IEP.