If you find youself unsatisfied with an IEP, parts of an IEP, or school evaluation, there are steps you can take to advocate for your child.
Here are some examples of possible school system violations:
You requested an evaluation and it is not being provided.
The school is providing you with information about the special education law that you believe is incorrect.
Timelines (i.e. for evaluations or scheduling IEP Team meetings) have not been observed.
Your child’s IEP is not being implemented.
Your child’s school doesn’t have a parent advisory council (PAC). (All public, charter, state-approved [old Chapter 766] private and residential schools are required by law to have parent advisory council).
If your main concern relates to the school evaluation, please see the Evaluations page for information on independent educational evaluations.
Because DESE “is committed to helping individuals and school districts resolve problems promptly,” it developed the Problem Resolution System (PRS).
The state’s Problem Resolution System is used by parents when a school or school district doesn’t follow the law. “Laws exist to protect the rights of all students in the Commonwealth, and to ensure that all students receive equal educational opportunities,” according to the Problem Resolution System Information Guide.
Through this system, “the Department handles complaints that allege a school or a district is not meeting legal requirements for education.”
“The Massachusetts Department of Elementary and Secondary Education encourages schools and districts to take
quick action to respond to questions and concerns about students’ educational programs. Therefore, individuals
with such concerns are encouraged to contact school district personnel (for example, the principal, superintendent
of schools, or the administrator of special education) first to resolve the problem. However, individuals may ask the Department for assistance without speaking first with someone in the school or district.”
– Problem Resolution System Information Guide
Program Quality Assurance Services is the unit within DESE that manages the PRS. Anyone, including parents, students, educators, community members, and agency representatives, can contact PQAS for assistance at:
Program Quality Assurance Services
Massachusetts Department of Elementary and Secondary Education
75 Pleasant Street, Malden, MA 02148-4906
Telephone: 781-338-3700
TTY: N.E.T. Relay: 1-800-439-2370
Fax: 781-338-3710
Email: compliance@doe.mass.edu
Web: doe.mass.edu/prs
MGL Chapter 71B Section 2A established the Bureau of Special Education Appeals to provide adjudicatory hearings, mediation and other forms of alternative dispute resolution.
The two common BSEA services are mediation and hearings. Sometimes, parents and caregivers request BSEA services. In other situations, a school district notifies BSEA that a parent or guardian may be contacting it to ask for services. BSEA services are available for disputes about IEPs and 504 Plans.
To learn more about BSEA services, visit its website at mass.gov/orgs/bureau-of-special-education-appeals.