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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.
Answer: Parents are often surprised to learn that federal laws and regulations do not contain a deadline if the IEP team met to review or revise an IEP. (But note: If the IEP meeting was an eligibility meeting, federal regulations do provide a deadline - parents must receive the IEP 60 calendar days after the District received consent to evaluate UNLESS the state imposes a shorter timeframe. In Massachusetts the deadline is 45 school days after the consent to evaluate.)
Back-to-school season is upon us, but this year is unlike any other. Due to concerns about health, safety, and the effectiveness of remote, hybrid, and socially distanced learning, many more parents are considering homeschooling. Before you make that decision, here are five things you should know about homeschool and special education law in Massachusetts:
Over the past few weeks, school districts across Massachusetts have been rolling out remote learning plans. Prior to this roll-out, the Department of Elementary and Secondary Education (DESE) had informed school districts that parental consent is NOT required for students to access the instruction. Instead, DESE encouraged districts to inform parents of privacy-related concerns related to online platforms (and to ensure they are COPPA and PPRA compliant). Despite this, some districts are requiring parents to sign consent and waiver forms before allowing access to virtual instruction.
Once the IEP team proposes an IEP, parents have the right to accept or reject the program, in whole or in part. Parents must indicate their response on the IEP, sign the document, and return it within 30 days of receipt. If the document is not returned within 30 days, the school may assume that the IEP has been rejected. Even if you strongly disagree with the proposed IEP or placement, it is always better to continue to communicate with the school and express your concerns in writing.
The right to to parental participation in the IEP process is important, but it is not unlimited. It is important for parents to understand their role in the special education process and to accept the advise of experts that have the student's best interest in mind. This BSEA decision provides some useful guidance.
It is common for parents to worry when a child returns home from school upset. Parents of children with disabilities, especially nonverbal children or children who have difficulty communicating, experience an extreme form of this worry. Not only are these children unable to tell their parents about their day and why they are upset, they are also more vulnerable to bullying and harassment.
Today, the U.S. First Court of Appeals will hear a case (Pollack v. Regional School Unit 75) that started when a nonverbal boy from Maine came home from school uncharacteristically upset. His parents proposed a solution - they asked their son's school to allow him to wear a recording device throughout the day. When the school said no, citing in part the privacy rights of the other students, the family sued. To date, two hearing officers, one lower court judge and a jury have denied the parents' request. You can read press coverage of the case here.
The First Circuit Court’s decision in this case could have important implications for school students throughout the First Circuit, including Massachusetts.
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