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?
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
