Screening
All elementary schools are required to assess each student's literacy skills a minimum of two times per year from grades kindergarten through three. The screening instrument must be approved by the MA Department of Education. (603 CMR 28.03).
The school must notify the parents or guardians of any students who score significantly below benchmarks within 30 school days of each screening and offer them the opportunity for a follow-up discussion.
Identification of a Learning Disability
A parent who has concerns can make a referral for a special education evaluation by contacting the principal, school personnel, or the special education administrator. The school must contact the parents within five school days of receiving the referral asking for written consent to begin the evaluation.
Evaluations must be completed within 30 school days of the parent’s written permission for evaluation.
A Team meeting must be held to talk about the evaluations to determine eligibility and to complete the IEP for an eligible student within 45 school days of the school’s receipt of written parental consent.
Parents have the right to receive all special education evaluation reports two days before the Team meeting if requested.
While parents are always members of the Team, they can also invite others to attend the Team meeting with them.
The Team will use the evaluation information and the meeting discussion to determine if the child is eligible for special education services. Dyslexia falls under the category of Specific Learning Disability, which is one of the qualifying disability types in the Massachusetts State Special Education Regulations. If the child is determined to be eligible the Team will then develop an Individualized Education Program (IEP) for the child.
If the child is not determined to be eligible for special education services, the parents will receive a letter detailing why the student was found not eligible and explaining parents' rights. If the parent disagrees with this decision, they have the right to appeal the finding of no eligibility.
For students who are eligible, special education services should begin immediately after the parents sign the IEP.
If parents disagree with the school district’s evaluation results, both federal and state laws give parents the right to have an Independent Educational Evaluation (IEE).
Obtaining an Independent Educational Evaluation (IEE)
If parents would like the school district to share the cost of the IEE, they must share their personal financial information to determine if they are income eligible for a sliding fee program. Any student who is eligible for free or reduced cost lunch or is in state custody is entitled to have the school district pay for the IEE.
If the parents choose not to share their financial information the district can move to a hearing with the at the Bureau of Special Education Appeals (BSEA) for a decision about payment responsibility.
Parents might choose to obtain an IEE at their own expense or through their insurance. When the IEE is not funded by the school district, the parents can decide whether or not to share the reports of the evaluation with the district. If results are shared, the Team must consider them as they determine services for the child.