The Law Office of Lillian E. Wong
A Massachusetts Special Education Attorney

Parent Response Required

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. 

Reject in Whole or in Part?

Usually, it is better to reject only the portions of the IEP you disagree with and to accept the others.  This is especially true if this is your child's first IEP.  If you reject the entire first IEP, your child will not receive any special education services.  Whatever  services of the IEP the parents accept should be immediately implemented.

"Stay-Put"

When parents reject the IEP, "stay-put" applies if the child has already been found eligible for special education services .  This means that the school must continue to implement the last agreed upon IEP until parties agree otherwise or a hearing officer rules on the child's special education rights.

Referral to BSEA

When parents reject an IEP the school should refer the case to the Bureau of Special Education Appeals (BSEA).  Parties can voluntarily participate in mediation.   If mediation is forgone or unsuccessful, the dispute is resolved by an impartial hearing officer in a due process hearing.
 
While the school is required by law to refer rejected IEPs to the BSEA, this referral often does not occur.  Instead, schools will convene numerous IEP meetings in the hope of resolving the disagreement.  If you believe your position is strong, you also have the right to initiate a BSEA hearing.  Learn more about due process hearings in Massachusetts here.

Finding the right school for your child can be difficult.  One good place to start is the Massachusetts Department of Elementary and Secondary Education website, where you can search by organization type (public school, private school, approved special education school, approved special education program, etc.).  You can further refine this search based on geography and you child's age, gender, or disability.  Another option is to consult an educational placement expert.  You can search for one here.

Remember, your school district is only required to provide an out-of-district placement for students whose disabilities prevent them from being served in the public school setting.

If you need help advocating for a private school (out-of-district) placement at public-expense, contact the Massachusetts special education law firm of Lillian E. Wong today.

The traditional school year is coming to an end, but for parents advocating for their children in special education this time of year provides its own particular challenges.  Here are some things all parents should be thinking about this time of year.

Consider Extended School Year Services

If your child's skills will regress during the summer months that child is entitled to be educated during the summer.  This is called extended school year or ESY for short.  Like free appropriate public education in general, extended school year programming still must occur in the least restrictive environment.  Schools must also provide transportation if the student qualifies for transportation during the regular school year.

Schedule an Independent Evaluation

The summer is a good time to have your child seen by an independent evaluator.  It can take a long time to obtain an appointment, the evaluations themselves can last for days, and then it takes a while for the evaluator to create his or her report.  Read more about why evaluations are important here.

Resolve IEP Disagreements

Summer is also a good time to resolve disagreements with the school.  Perhaps you partially accepted an IEP during the school year.  Use the summer to resolve issues with the school, whether informally, through mediation, or at a due process hearing.  A special education attorney can help you assess the strength of your case and advise you on how to proceed.

Look Ahead to September

Will your child be switching schools?  Switching teachers?  Perhaps your child is leaving elementary school for middle school or middle school for high school.  All these changes will affect your child's education.  Review your child's IEP and consider how the goals and services may be altered by any of these changes.  For example, a one-on-one aide may have been appropriate for your child in elementary school, but now that your child is entering middle school he may need to learn more independence and this service may not be necessary.  Another possibility is that your child's new school does not have the appropriate placement for her, and you need to begin the process of out-of-district placement.

Keep an Eye on the Future

Summer is also a great time to reflect.  What went well during the past academic year?  What needs work?  What are your goals for your child after high school?  How is the IEP team working together to achieve these goals?  Keeping these goals in mind will help you prepare for the year ahead and remind yourself why all your hard work is worth it.