The referral from EI is to be made at least 90 days before the child’s third birthday, although, at the discretion of the EI program and in consultation with the parent, they may do so as early as nine months before the child’s third birthday. The school district must conduct the initial evaluation in time to ensure that if the child is found eligible, the IEP is implemented promptly at age three.

A referral is a request for a district to evaluate a student for special education services. Referral is the first step in determining eligibility for special education. 

Typically, school personnel such as members of the Student Support Team (SST) and/or parents/guardians are the people who refer students for evaluations to determine special education eligibility. However, it is not restricted to these individuals and others may refer as needed. 

Within five school days of receiving a referral, the district must provide written notice to the student’s parent/guardian in the native/primary language of the home. This notice must indicate that the student has been referred for an evaluation and what assessments the district proposes to conduct. It must also seek the parent/gurdians’s consent to evaluate the student. The district must also provide the parent with the opportunity to share concerns and give input about the student’s skills.

If consent is received within 30 to 45 school working days before the end of the school year, the school district shall ensure that a Team meeting is scheduled so as to allow for the provision of a proposed IEP or written notice of the finding that the student is not eligible no later than 14 days after the end of the school year.

The school district must ensure a full evaluation by a multidisciplinary Team within 30 school working days. The date parental consent is received is considered the first day of the timeline. The evaluation Team should be composed of appropriately credentialed school personnel and other qualified professionals, as appropriate.

Summaries of assessments with explicit recommendations must be completed prior to the Team meeting and, upon request, must be provided to the parent at least two days prior to the Team meeting.

Within 45 school working days after receipt of consent to evaluate, the district must conduct a Team meeting(s) to:

• review the evaluation data; 

• determine eligibility for special education; and 

• if the student is found eligible, develop an IEP.

Every three years, or sooner if necessary, the district must conduct, with parental consent, a full three year reevaluation.

Refer to the Department of Elementary and Secondary's General Guide on Referral, Evaluation, and Eligibility Determination for more information.

The following assessments are required as a part of an evaluation:

• An assessment in all areas related to the suspected disability.

• An educational assessment that includes:

  • A summary of the student’s school history and progress in the general education curriculum. 

  • At least one regular education teacher’s assessment in the area of curriculum conducted by a teacher with current knowledge regarding the Massachusetts Curriculum Frameworks.

  • An assessment of behaviors that contribute to learning (attention, participation, memory, social skills, etc.)

• Optional Assessments: The Special Education Team may recommend, or the parent/guardian may request, an assessment in one or more of the following areas:

  • A comprehensive health assessment by a physician that identifies medical problems or constraints that may affect the student’s education. The school nurse may add additional relevant information from the student’s health records.

  • A psychological assessment.

  • A home assessment that includes the student’s developmental history and other pertinent family information.

Evaluation of a specific learning disability has specific, unique requirements. 

When a Team suspects a specific learning disability, a psychoeducational assessment should be part of the evaluation. The school psychologist conducts a thorough record review and assesses cognitive functioning. An academic assessment is typically conducted in the areas of Reading, Math, and Written Language by the school’s special education staff. Assessments should be given to help determine relative strengths and weaknesses in different modalities. An observation is conducted by someone other than the child’s teacher. There are specific criteria used to determine the existence of a specific learning disability. Evidence of and discussion of these criteria must be documented using the DESE Specific Learning Disability documents, and Team members must sign the SLD forms.

Memorandum on Specific Learning Disability (DESE) — Eligibility Process/Forms

Special considerations: dyslexia

Dyslexia is a specific learning disability that is neurobiological in origin. It is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

More information about dyslexia can be found here:

• Massachusetts Dyslexia Guidelines (DESE)

• Specific Learning Disability: Dyslexia (DESE)

Special Considerations for Students with Autism Spectrum Disability

For students with an Autism Spectrum Disability, please check to verify that each of the needs listed below has been considered and specifically addressed by the IEP Team:

• The verbal and nonverbal communication needs of the student

• The need to develop social interaction skills and proficiencies

• The needs resulting from the student's unusual responses to sensory experiences

• The needs resulting from resistance to environmental change or change in daily routines

• The needs resulting from engagement in repetitive activities or stereotyped movements

• The need for any positive behavioral interventions, strategies, and supports to address any behavioral difficulties resulting from Autism Spectrum Disorder

• The need for assistive technology

• Other needs resulting from the child's disability that impact progress in the general curriculum, including social and emotional development

When determining eligibility, a Team must ensure that a student's inability to progress is a result of the identified disability/ies and not the result of:

• limited English proficiency,

• social maladjustment,

• an inability to meet the school discipline code, or

• lack of instruction in reading or math.

The presence of a disability alone does not automatically mean a student is eligible for special education supports and services. To qualify as eligible, a student aged 3-21 who has not attained a high school diploma or its equivalent must be determined by the Team to:

• have one or more disabilities as defined in the Massachusetts Special Education Regulations, and 

• as a result of the disability/ies, be unable to progress effectively in the general education program without the provision of specially designed instruction or to access the general curriculum without a related service.

To support Teams in making an eligibility decision, these two requirements are organized into a series of questions described below and illustrated by the “Special Education Eligibility Determination Flowchart.” 

When making eligibility decisions, the Team must review the evaluation data, including information from a variety of sources such as aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child’s physical condition, social or cultural background, and adaptive behavior. The Team must ensure that information obtained from all of these sources is documented and carefully considered.

The Team should consider the student’s strengths and areas of need and answers to the questions in the flow chart, using data from the above review to support their decision. The Team should be careful not to determine a child eligible if the determinant factor is lack of appropriate instruction in reading, lack of appropriate instruction in math, limited English proficiency, social maladjustment, or inability to meet the school discipline code. A thorough evaluation and narrative description of the student’s educational and developmental potential must be provided.

The Team must make a finding of no eligibility:

• If the student does not have a disability;

• If the student does have a disability, but is making effective educational progress without the need of supportive services;

• If the student shows a lack of educational progress, but it is not related to the disability, or

• If the student does not require specially designed instruction.

When a Student has a Disability but is Making Effective Progress in School

If a student is found to have a disability however does not require specially designed instruction or related services in order to make progress the student is not eligible for special education. Specially designed instruction includes modifications that affect content, delivery of instruction, methodology, and/or performance criteria and are necessary to assist the student in participating and learning.

If the student only requires accommodations, then that student is not eligible for special education. General educators within the general education environment typically provide accommodations. Pencil grip use, providing specific graphic organizers, extended time, text to speech, or cooperative learning strategies are some examples of these kinds of typical accommodations. Accommodations allow students to access/receive information in a more effective manner according to their individual needs. 

After the eligibility meeting

If the Team determines that the student is not eligible, the Team Chair shall record the reason for such a finding, list the meeting participants, and provide written notice of the parent/guardians’ rights within 10 calendar days; for re-evaluations termination date of service(s) needs to be included on an N1 document. It will be noted on the N1 that services will remain in place for 30 days from the date of the determination unless parent/guardian consents in writing to an earlier termination date. An N1 notice is used to document ineligibility for re-evaluations, as the district is proposing to end services. An N2 notice should be used for initial evaluations that result in the student being found not eligible for special education

A student may still qualify for a 504 plan or for accommodations under the District Curriculum Accommodation Plan (DCAP). This will be discussed at your team meeting. 

Parents/guardians have the right to appeal any eligibility determination to the Bureau of Special Education Appeals (BSEA), including a finding of no eligibility. Parents/guardians may contact the BSEA directly. Information regarding how to contact BSEA is included in the Notice of Procedural Safeguards sent to parents/guardians with the consent packet. If a parent/guardian rejects a finding of no eligibility, and informs the team / district that they want services to continue, the district will continue to provide services as stated on the last, signed IEP, until the dispute is resolved.

Procedural Safeguards

Independent education evaluations (IEE). Upon receipt of evaluation results, if a parent disagrees with an initial evaluation or reevaluation completed by the school district, then the parent may request an independent education evaluation.

• (a) All independent education evaluations shall be conducted by qualified persons who are registered, certified, licensed or otherwise approved and who abide by the rates set by the state agency responsible for setting such rates. Unique circumstances of the student may justify an individual assessment rate that is higher than that normally allowed.

• (b) The parent may obtain an independent education evaluation at private expense at any time.

• (c) Public funding of independent education evaluations - When the parent requests public funding for an independent education evaluation, the district shall abide by the following provisions for a sliding fee scale:

  1. If the student is eligible for free or reduced cost lunch or is in the custody of a state agency with an Educational Surrogate Parent appointed in accordance with federal law, then the school district shall provide, at full public expense, an independent education evaluation that is equivalent to the types of assessments done by the school district. No additional documentation of family financial status is required from the parent.

  2. If the family financial status is not known, the district shall offer the parent information about the sliding fee scale and the opportunity to provide family income information to determine if the family may be eligible for public funding of all or part of the costs of an independent education evaluation. Provision of financial information by the family is completely voluntary on the part of the family. The lack of financial information provided by the family will disqualify the family from such additional public funding of all or part of the costs of an independent education evaluation under 603 CMR 28.04(5)(c) but shall not limit the rights of parents to request public funding under 603 CMR 28.04(5)(d).

  3. If the family agrees to provide financial information, such information shall include anticipated annual income of the family, including all sources of income and verifying documents. Financial information shall be reviewed by the district, shall be kept confidential during review by the district, shall not be copied or maintained in any form at the district except to note that information was provided and reviewed and met or did not meet sliding fee scale standards. Financial documents shall be promptly returned to the parent upon the district's determination of financial income status.

  4. The district shall consider family size and family income information in relation to Federal Poverty Guidelines and shall contribute public funds to the costs of the independent education evaluation according to the following standards:

     1. If the family income is equal to or less than 400% of the federal poverty guidelines, the district shall pay 100% of the costs of an independent education evaluation.

     2. If the family income is between 400% and 500% of the federal poverty guidelines, the district shall pay 75% of the costs of an independent education evaluation.

     3. If the family income is between 500% and 600% of the federal poverty guidelines, the district shall pay 50% of the costs of an independent education evaluation

     4. If the family income is over 600% of the federal poverty guidelines, the district shall have no obligation to cost-share with the parent.

  5. When the parent seeks and receives public funding for an independent education evaluation under these provisions, the parent may request independent assessments in one, more than one, or all of the areas assessed by the school district.

  6. The right to this publicly funded independent education evaluation under 603 CMR 28.04(5)(c) continues for 16 months from the date of the evaluation with which the parent disagrees.

• (d) If the parent is requesting an independent education evaluation in an area not assessed by the school district, the student does not meet income eligibility standards, or the family chooses not to provide financial documentation to the district establishing family income level, the school district shall respond in accordance with the requirements of federal law. Within five school days, the district shall either agree to pay for the independent education evaluation or proceed to the Bureau of Special Education Appeals to show that its evaluation was comprehensive and appropriate. If the Bureau of Special Education Appeals finds that the school district's evaluation was comprehensive and appropriate, then the school district shall not be obligated to pay for the independent education evaluation requested by the parent.

• (e) Whenever possible, the independent education evaluation shall be completed and a written report sent no later than 30 days after the date the parent requests the independent education evaluation. If publicly funded, the report shall be sent to the parents and to the school district. The independent evaluator shall be requested to provide a report that summarizes, in writing, procedures, assessments, results, and diagnostic impressions as well as educationally relevant recommendations for meeting identified needs of the student. The independent evaluator may recommend appropriate types of placements but shall not recommend specific classrooms or schools.

• (f) Within ten school days from the time the school district receives the report of the independent education evaluation, the Team shall reconvene and consider the independent education evaluation and whether a new or amended IEP is appropriate.

From DESE Education Laws and Regulations

If the Team has determined that a student is eligible for special education and that an extended evaluation is appropriate, the Team shall write a partial IEP with the information available. In the "additional information" section of the IEP form 7, the school district should specify that an extended evaluation is being conducted and list the assessment(s), location of where the extended evaluation will take place, and the estimated date of completion. In addition, the school district must complete an Extended Evaluation Form (EE-1 and EE-2). On this form, the district will indicate the current evaluation findings, what assessments need to be completed, the location where the extended evaluations will be completed, the anticipated completion date, among other required information. The school district must also complete all sections of the Administrative Data Sheet (ADM-1) form. The "assigned school information" section of the ADM-1 form should list the school of origin not the location of the extended evaluation, if other than the school of origin. The school district should attach the ADM-1 form to the partial IEP and the Extended Evaluation Form (EE-1 and EE-2) and provide it to the parents and/or guardians in order to seek parental consent of the partial IEP and for the extended evaluation. The school district should retain a copy for the student's file.

If accepted by the parents or guardians, the partial IEP should be immediately implemented at the same time that the extended evaluation is taking place. This ensures that a student is not denied services already deemed necessary by the Team. The parents or guardians may also accept, reject, or reject in part, the extended evaluation or request another Team meeting. If the parent accepts the extended evaluation, the school district must proceed to arrange for the extended evaluation and the necessary assessments. If the school district is referring the student to a collaborative or approved special education school for the extended evaluation, it should provide all these forms (ADM-1, EE-1, EE-2, partial IEP) and any recently completed evaluations, assessments, and other relevant information related to the areas of suspected and/or identified disability, to the collaborative or approved special education school. The collaborative or approved special education school is not the student's placement, but rather is the location where the additional assessment(s) is being conducted.11 The Team may decide to meet during the extended evaluation period, and shall reconvene before the end of the extended evaluation period to provide the Team with opportunity to review the new assessment results and determine the appropriate services and placement for the student. The district should establish a date for this meeting at the beginning of the extended evaluation period so that there is no delay in the completion and implementation of a full IEP that complies with all federal and state special education laws.

From Special Education Administrative Advisory SPED 2019-2

If, in the opinion of the student's physician, an eligible student is likely to remain at home, in a hospital, or in a pediatric nursing home for medical reasons and for more than 60 school days in any school year, the Administrator of Special Education shall, without undue delay, convene a Team to consider evaluation needs and, if appropriate, to amend the existing IEP or develop a new IEP suited to the student's unique circumstances.