Special Education Law
Step 1:
I Think My Child Is Struggling—Could It Be a Learning Disability?
You’ve seen the signs: your child avoids reading, struggles with
spelling, or guesses at words. Or maybe they seem constantly
distracted, overly anxious, disconnected from peers, or
overwhelmed by school-related stress. Perhaps they're not
falling behind academically, but you're still worried they're
not making meaningful progress. You're not alone—and your
instincts matter.
To help you recognize patterns, we've created a broader checklist of red flags and legal definitions that outlines common concerns across multiple disability categories, from autism to ADHD to emotional disturbance. If you're not sure what you're seeing or how to describe it, this resource can help you identify what matters and how the law applies.

Click here for a checklist with red flags in your child's behavior
Early intervention is critical, not just for grades, but for
your child’s long-term confidence and opportunities.
Massachusetts schools are required to screen K-3 students for
reading difficulties (including dyslexia) twice a year. But
learning and attention issues extend far beyond reading. If
you're concerned about how your child is doing emotionally,
behaviorally, socially, or academically, you have the right to
request a special education evaluation—and the school has a
legal obligation to respond.
Under federal and Massachusetts law, once you submit a written request for evaluation:
- The district must respond within 5 school days with a proposed evaluation plan and consent form (603 CMR 28.04(1)(a)).
- Once you sign the consent form, the school must complete the evaluation within 30 school days (603 CMR 28.05(1)).
- A Team meeting must then be held within 45 school working days from the date of consent to determine eligibility and, if necessary, develop an IEP.
But beware: "school working days" generally don’t include weekends, holidays, or summer vacation. So if you sign in June, the timeline often pauses until school staff return in late August.
Step 2:
What Should I Do First? Talk to the School? A Doctor? Both?
It’s important to put your concerns in writing. While it’s fine to start with a phone call or in-person conversation, always follow up with an email or letter. Why? Because written communication does two critical things:
1. It creates a record that you raised concerns.
2. It starts the legal timeline for the school to evaluate your child—which doesn’t begin until your written request is received.
 Describe what you’re seeing at home (e.g., difficulty reading, avoiding homework, anxiety, emotional meltdowns, inability to focus, lack of friendships) and explicitly request a special education evaluation. You don’t need to use fancy language—just be clear and direct.
Step 3:
The School Wants to Test My Child—but I Don’t Understand the Forms
You receive a consent form full of jargon and are unsure what you’re signing. Under both federal and state law, you have a right to informed consent, meaning you must be fully informed of what assessments will be conducted and why. In writing, ask for a list of tests, an explanation of each, and whether any sub-parts will be excluded.
→ Read: Not Have a Clue About the WISC-V? Here’s What Parents Should Know
Step 4:
How Long Will This Take? It’s Already Late in the School Year...
Schools are required by law to complete evaluations and hold meetings on a specific timeline. In Massachusetts:
- The school has 5 school days to provide a consent form after receiving your written request.
- It then has 30 school days to complete the evaluation from the day you sign consent.
- The Team meeting must occur within 45 school working days of the date you signed.
But again, remember—school working days don’t include weekends, holidays, or summer break. So if you sign in June, the timeline will pause until school staff return in late August. If you’re approaching the end of the school year, don’t assume there’s no time left.
Step 5:
The School Gave Me an IEP, But I Don’t Know If It’s Good
IEPs must contain measurable goals and appropriate services that
allow your child to make effective progress. Ask yourself:
- Are the goals measurable and objective?
- Are services and/or specialized education occurring
- frequently enough?
- What are the qualifications of the person providing the
- services and specialized education?
- Are accommodations clear?
You are part of the IEP Team. Don’t be afraid to ask questions
or request changes. And remember: ask the questions in writing.
Step 6:
The Evaluation Doesn’t Seem Right—What Are My Options?
Sometimes school evaluations are too basic or miss critical areas. For example, your child might score poorly on a test measuring their ability to take notes—but the school doesn’t assess why that’s happening. Is it due to auditory processing, working memory, vision tracking, or writing speed? You have the right to informed consent, which means you can ask:
- Why is no follow-up testing being done to explore this issue?
- How will this evaluation explain the reason behind my child’s difficulties—not just show that the difficulties exist?
- Were all relevant areas of suspected disability tested?
You can also request an Independent Educational Evaluation (IEE) at public expense if you disagree with the school's findings. The district must either agree or file for a hearing with the BSEA within 5 calendar days. Students from income-eligible families are automatically entitled to a publicly funded IEE without having to show disagreement.
→ Read: How to Request and Prepare for an Independent Educational Evaluation (IEE)
Step 7:
My Child Has an IEP—But Now the School Wants to Suspend Them
Students with disabilities have extra protections under federal and state law when facing suspension, expulsion, or other school discipline. If a student is suspended for more than 10 school days, the district must hold a Manifestation Determination Review (MDR) to decide if the behavior was caused by the child’s disability or by the school's failure to implement the IEP.
Understanding School Discipline Laws in MA:
- M.G.L. c. 71, §37H: Applies to students with weapons, drugs, or assaults on school staff. Allows expulsion.
- M.G.L. c. 71, §37H½: Applies to students charged or convicted of felony crimes, regardless of whether the offense has anything to do with school, and allows indefinite suspension or expulsion after a principal's hearing.
- M.G.L. c. 71, §37H¾: Applies to all other suspensions. Students must receive due process and schools must consider alternatives to suspension. MDRs still apply for students with IEPs.
The MDR determines whether:
- The conduct was caused by or had a direct and substantial relationship to the child's disability.
- The conduct resulted from the school's failure to implement the IEP. If either is true, the school cannot continue the suspension and must propose a different intervention or placement.
→ Read: Can a School Suspend My Child with an IEP?
→ Read: The Climate Is Changing for Juveniles Charged with a Crime
Step 8:
My Child Has an IEP, but They’re Still Struggling—or the
School Wants to Change the Placement
Maybe your child isn’t progressing. Or maybe the school wants to remove your child from an out-of-district placement. You have important rights in either case.
One of the most powerful protections under the IDEA is the "stay-put" rule. If you disagree with a proposed change in placement, your child has the right to remain in their current educational placement while the dispute is resolved, including through a hearing at the Bureau of Special Education Appeals (BSEA). This protection ensures that your child isn’t moved unless the IEP Team agrees or a hearing officer orders a change.
→ Read: What If the School Wants to Change the Placement?
Step 9:
What if I find the perfect private school and want to transfer my student? Who pays?
What Parents Need to Know About Private School Placement and Reimbursement under IDEA
This guide is informational only. It is not legal advice.
Can I enroll my child in a private special education school without the school district's approval?
Yes, you can place your child in a private school without the district's consent. But if you want the district to reimburse you, you'Il need to meet certain conditions and even then, reimbursement is not guaranteed.
See 20 U.S.C. 1412(a)(10)(C)(ii)
Under what conditions might I be reimbursed for private school tuition?
You might be reimbursed if:
1. Your child previously received special education services from the public school; and
2. A court or hearing officer finds that the district failed to offer a Free Appropriate Public Education (FAPE) before you placed your child in the private school; and
3. The private school placement was appropriate for your child's needs.
See 20 U.S.C. 1412(a)(10)(C)ii)
What if the public school offered an appropriate program, but | didn't agree with it?
In that case, you likely won't be reimbursed. The law only allows reimbursement if the public school failed to offer FAPE.
It's not about whether the private school is better, it's about whether the public school's plan met the legal standard of being appropriate.
If the school did offer FAPE, and you simply disagreed or preferred a different option, you take on the full cost of private placement.
What notice must I give if | plan to move my child to private school and ask the public school to pay?
You must either:
1. Tell the IEP Team at the last meeting before withdrawing your child that:
- You are rejecting the district's proposed IEP;
- You believe the IEP fails to provide FAPE; and
- You intend to place your child in a private school at public expense;
OR
2. Provide the same notice in writing at least 10 business days before the move.
See 20 U.S.C. 1412(a)(10)(C)\iii)(1)
What happens if I don't give that notice?
If you don't give notice at the IEP meeting or at least 10 business days before withdrawal, a court or hearing officer can reduce or deny reimbursement.
See 20 U.S.C. 1412(a)(10)(C)iii)(1)
Are there other reasons reimbursement could be reduced or denied?
Yes. Even if FAPE wasn't offered and notice was given, reimbursement can be denied or reduced if:
- You refused to let the school evaluate your child after they requested to do so; or
- A judge finds your behavior was unreasonable under the circumstances.
See 20 U.S.C. 1412(a)(10)(C)(iii)(II)-(II1)
Are there exceptions to the notice requirement?
Yes. Reimbursement cannot be denied for failure to give notice if:
- The school prevented you from giving notice;
- You weren't informed about your duty to give notice; or
- Giving notice would have caused physical harm to your child.
Reimbursement may still be allowed (at the court's discretion) if:
- You are illiterate or cannot write in English; or
- Giving notice would have likely caused serious emotional harm to your child.
See 20 U.S.C. 1412(a)(10)(C\iv)
Summary Checklist for Parents Seeking Reimbursement:
| Requirement to meet | Was it met? |
|---|---|
| Child previously received public services | Yes |
| Public school failed to offer FAPE | Yes |
| Private placement was appropriate | Yes |
| 10-business-day written notice given | Yes |
| Parents cooperated with evaluations | Yes |
| Parents acted reasonably | Yes |
Final Takeaway:
Placing your child in a private school on your own is always an option. But getting the public school to pay for it is hard and depends on whether:
- The district failed to offer FAPE;
- You followed the notice and cooperation rules; and
- The court or hearing officer thinks it's fair under the circumstances.
Even if you do everything right, reimbursement is never guaranteed.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship
