Special education is specially designed instruction for students with a disability who have difficulty accessing the general curriculum and making effective progress. Not every child with a disability will require special education services; every child whose disability affects their school progress is entitled to receive a free and appropriate public education (FAPE) which meets their unique needs.
Under IDEA, a child with a disability is a child who has been evaluated and identified as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, a specific learning disability, deaf-blindness, an other health impairment, or multiple disabilities.
The purpose of IDEA is "to ensure that all children with disabilities have available to them a free and appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living."
20 USC; 1400(d)(1)(A); 34 CFR; 300.1
REFERRAL - If you are concerned your child may have a disability that is affecting their progress in school, it's always helpful to speak with their teacher first. Either way, you as a caregiver have a right to refer your student for a special education evaluation at any time (a teacher or other professional may refer a student as well). No matter who makes the referral, the caregiver must give written consent before the special education evaluation process can begin. For examples of letters of written consent, please click HERE. The letter should be sent to the principal of your student's school as well as the Special Education Chairperson for their grade or school, and their adjustment counselor.
CONSENT - Once the referral letter is submitted, your child's school must contact you asking for your written permission to begin the evaluation within five school days of receiving the referral. An evaluation of the student's educational strengths and needs must occur in order to determine eligibility.
EVALUATION - Now that you've granted the district permission to evaluate your student, they have 30 school days to have credentialed trained specialists evaluate your child. This evaluation will occur at your child's school and usually includes input from the caregivers, teacher observations, feedback from the student themselves, and other types of assessments based on your child's suspected disability and needs. At no time should information about your child be shared with others without your written consent.
ELIGIBILITY - Finally, within 45 school days of the caregiver's consent, the Team determines eligibility for special education for your child.
If a student is found eligible for Special Education, the Team will:
Develop an IEP
Determine placement
Hold an annual review of the child's IEP and placement
Re-evaluate the child's eligibility every three years
Once a child has been evaluated and determined eligible for special education, a team will develop an Individualized Education Program (IEP) to ensure the student receives all the supports and services they need to learn.
A joint publication of the Federation for Children with Special Needs and the Massachusetts Department of Elementary and Secondary Education.
A series of short videos put together by Massachusetts Advocates for Children to educate about your children's rights and what to do if these rights are violated.
Version Espanol.Children eligible for IDEA Equitable Services ages 3-21 include parentally-placed private school children with disabilities enrolled by their parents in private, including religious schools or facilities (not a publicly-funded placement by a school district) that meet the definition of elementary school or secondary school in Massachusetts (see the definition below). As a reminder, Massachusetts includes district-approved home-schooled students in the definition of private school students.