Last week, we covered the basics of what an IEP is, and why it is critical for students with disabilities to make effective progress. This week, we’re taking a deep dive into Massachusetts’ IEP process.
Understanding the IEP process will help you to better understand your child’s rights, as well as what the district should be doing for them at each step. Massachusetts’ regulations are different from other states, so while some of what will be discussed in this post is based on federal law, other elements will be state-specific. It’s always a good idea to consult with advocates, lawyers, or educators in your own state, as they will be most familiar with local laws and regulations.
What is a referral? Who can make one?
The IEP journey will always begin with a referral. Referrals are when someone requests that a child is evaluated so that they can be considered for an IEP. Students may be referred for an evaluation by their parents or members of their school district (e.g., teachers, principals, school psychologists, etc.). They can also be referred by doctors or outside providers, including social workers, counselors, occupational therapists, speech therapists, and physical therapists.
When should I request an evaluation?
Any parent or guardian can request an evaluation for any child at any time. Even if your child attends private school or is homeschooled, you can still ask your local public school district to conduct an evaluation.
However, not all children with disabilities need referrals for special education. If you’re considering requesting an evaluation, ask yourself:
- Is my child struggling in school academically or socially?
- Are they not learning as quickly as they should?
- Have their grades changed drastically in a short period of time?
- Is my child showing distress related to school? Do they dread going each morning or come home upset each day?
- Are their standardized test scores below state or district averages?
- Are they working really hard but their grades aren’t reflecting their effort?
If you have any concerns about the questions above, or if something just feels off, it’s a good idea to request an evaluation. However, if your child is doing well in school both academically and socially, testing could cause undue stress and is likely not worth it.
How do I request an evaluation?
A student’s first evaluation is called an initial evaluation. To request an initial evaluation, reach out to your school’s special education Team Chair or Department Head. You can also email your district’s Special Education Director or Student Services Coordinator. If you’re not sure who fills these roles, start by asking your child’s classroom teacher or principal, and they will point you in the right direction.
You must request an evaluation in writing. Sending an email is the most effective way to do this. Here’s a sample email you can use:
Dear Ms. Smith,
My daughter Jane is in Mr. Jones’s 3rd grade class at ABC Elementary School. This year, she has struggled with reading. I am requesting an evaluation to determine whether she is eligible for special education services and to better understand the support she needs to be successful in school.
And that’s it! You can always include more information if you want to, but these are the basics.
What happens after I request an evaluation?
Once you send the email, the school district has 5 days to respond. Some districts might have specific procedures or forms as part of their referral process, but your email will get the process started.
It’s also common for districts to talk to you about your specific concerns. This is to help better understand what kinds of tests will give the clearest possible picture of your child’s needs.
School districts will also ask questions about your child’s developmental and educational history. This is normal and helpful because seemingly unrelated events or characteristics can help to form a diagnostic profile.
The district will send you a consent form so that you can formally agree to your child’s evaluation. This will come along with an N1, which is a letter describing the school district’s intent to act.
The consent form will list the types of tests that will be administered. Here is a link to Massachusetts’ Evaluation Consent Form from the Department of Elementary and Secondary Education (DESE).
What are the different types of assessments?
There are many types of assessments. Initial evaluations should always include psychological/cognitive and academic testing at the bare minimum. Cognitive testing looks at how your child learns. Academic testing provides insight into their academic skills.
Other types of evaluations include home and/or health assessments, assessments related to their suspected disability, and observations. You can ask for a list of specific tests that will be used during the evaluation. It may be worth talking to a psychologist, counselor, special education teacher, or advocate or doing some research so you can better understand what kind of information will come from this process.
If your child has speech, occupational therapy, and/or physical therapy-related concerns, school-based service providers should complete assessments in any or all of these areas.
How do I consent to the evaluation? What happens if I don’t agree with what is proposed?
You have the option to accept the evaluation in full (agree to everything the district is proposing), reject the evaluation in full (refuse all testing), accept only specific types of evaluations, or request additional assessments.
At the bottom of the Evaluation Consent Form, you have the option to request access to the district’s reports two days prior to the Team meeting. ALWAYS check off this box. It is essential that you read and understand these reports before the Team meeting so you know what your child needs and can be a strong advocate. If you need help understanding the reports, reach out to a psychologist, advocate, teacher, or other professional.
Once the school receives your signed consent form, they have 30 days to conduct testing. A Team meeting to review the results and determine your child’s eligibility for special education must be held within 45 days of receiving the signed consent form.
What happens next?
After your child’s evaluation is complete, the school district will hold a meeting to review the reports and determine eligibility for special education services. The first part of the meeting will focus on the reports, and the people who evaluated your child will share the results of their assessments. They will also make recommendations and answer any questions you have.
Massachusetts has an eligibility determination flowchart that is available to download at this link, The chair of your meeting, typically the Team Chair, School Psychologist, or Principal, will lead everyone through the flowchart. The Team needs to agree on each item of the flowchart in order to move forward.
First, the Team must agree that your child has a disability. Massachusetts has 10 disability categories. In future posts, I’ll deep-dive into each category, but for now, here’s the list:
- Autism
- Developmental delay
- Intellectual
- Sensory (hearing, vision, deaf, or blind)
- Neurological
- Emotional
- Communication
- Physical
- Specific Learning
- Health (includes ADHD)
Having a disability does not automatically qualify your child for an IEP. The next question asks whether your child is making adequate progress in school without support. If your child is already on an IEP, this question asks the Team to reflect on whether your child would make progress without the help of their IEP.
Children only qualify for IEPs if they aren’t making effective progress in school. Some children with disabilities use compensatory strategies to make up for the challenges they face, and they succeed. Even though it takes more work than their peers, they unfortunately wouldn’t qualify for an IEP.
Next, the Team considers whether a child’s challenges in school are related to their disability or other factors. For example, if a child is struggling in school due to excessive absences unrelated to a disability, the Team would say no to this question.
Finally, the flowchart asks the Team a critical final question: “Does the student require special education and/or related services to make effective progress or to access the general education curriculum?” The Team then evaluates whether special education services would help your child to be successful in school.
If the answer to all of these questions is yes, then your child is eligible for an IEP. The Team will write an IEP that meets your child’s unique needs, and they will begin to receive special education services as soon as it is signed and accepted.
If the Team agrees that the answer to any of these questions is no, then an IEP is not an option at this time. However, you still have options. You can pursue a 504, which provides your child with accommodations to assist them in school. Accommodations include things like extra time, access to audiobooks, enlarged font, or extra whitespace.
If you feel that the district’s evaluation wasn’t an accurate representation of your child’s skills and challenges, you can select this option on the disability flowchart. This gives you the right to seek an extended evaluation (e.g., more thorough testing in a specific area or in a new area that wasn’t covered) or an Independent Educational Evaluation paid for by the district.
Schools also offer a variety of Tier 2 Interventions to support students who need extra support but don’t qualify for an IEP. This can include small group instruction focusing on targeted skills.
One critical thing to keep in mind is that no evaluation is final. Your child may not meet the criteria for an IEP now, but as they get older, the demands increase and this could change. Your child could also make tremendous growth on or off an IEP and no longer need additional support. You can request an updated evaluation any time you feel you need more insight into your child’s needs or if you’re concerned about their progress.
What questions do you have about the eligibility process? Share them in the comments below! And for a basic overview of the IEP, check out Part 1 of my Ultimate Guide to IEPs for Parents!