In Massachusetts, parents have thirty days to review and to make a decision about the IEP. Parents can accept the IEP, reject the IEP, or accept the IEP in part and reject in part. If the school district doesn’t receive a response, the IEP is considered rejected. If the student has a previous IEP, that IEP continues to be implemented. The last accepted IEP is called the stay-put IEP.
When parents reject an IEP in whole or in part, the school must notify the Board of Special Education Appeals (BSEA). After receiving the rejection, the school must notify the BSEA within five days. 603 CMR 28.08(3)(b). The BSEA then notifies parents and the school of their right to request a hearing and/or mediation. Unless the parent or school requests a hearing or mediation, nothing else happens and the school district continues to implement any accepted portions of the IEP.
If you have questions about the IEP process, contact the attorneys at Wong & Boscarine.