..If you feel worried or uncertain when your child is being evaluated for special education, please know that you are not alone! Many parents feel this way, whether the process is new to them or not. Your child's team at school is on your side! They are here to work WITH you, so please do not hesitate to ask questions or express your concerns.
Under Massachusetts special education regulations, the following timelines are associated with special education evaluation and eligibility determination:
(1) Referral:
- “When a student is referred for an evaluation to determine eligibility for special education, the school district shall send written notice to the student's parent(s) within five school days of receipt of the referral.” (603CMR 28.04(1)(a))
(2) Evaluation:
- Upon receiving parent consent for an initial evaluation, “the school district shall provide or arrange for the evaluation of the student by a multidisciplinary team within 30 school days.” (603CMR 28.04(2))
- Within 45 school days after receiving parent consent for an initial evaluation or a re-evaluation, the school district must “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...” (603CMR 28.05(1))
- Written reports of assessment results must, upon request, be made available to the parent at least two days in advance of the Team meeting. (603CMR 28.04(2)(c))
(3) Determination of eligibility:
- To qualify for special education, a child must (a) be determined to be a child with a disability, having met the criteria for one or more disability categories and (b) as a result of the disability, be determined to need special education and related services.
- To qualify for eligibility, the Team must determine that, because of the disability, the student either needs specially designed instruction in order to make effective progress or needs a related service in order to access the general curriculum.