Timeline

1. Referral is made (either by parent, professional, or other school personnel) 603 CMR 28.04(1)

2. Within 5 school days, the district must notify the parent and seek consent for evaluation

3. Within 30 school days of obtaining consent, the a credentialed specialist will evaluation the student 603 CMR 28.05(1)

4. Within 45 schools days of obtaining consent, the IEP Team determines eligibility.

   • Summaries of the assessment, proposed IEP, and proposed placement must be made available to parent AT LEAST 2 days prior to IEP Team Meeting 603 CMR 28.05(1) (guidance: request in writing that this happens in advance)

   • If eligible, the Team will also develop and write the IEP in this same time period

5. Parent has 30 days to approve any part or all of the IEP 603 CMR 28.05(7)

6. IEP Team meets to determine placement

7. Within 30 days of parent consent to IEP and placement, services begin. If a parent only consents to a portion of the IEP, those services will begin immediately while you negotiate the other portions

8. At least annually, the IEP Team meets to review and rewrite the IEP

9. At least every 3 years, a credentialed specialist will reevaluate the student for eligibility

IEP Team

20 U.S.C. 1414 (d)(1)(B)

• Parent

• At least 1 Special Education Teacher

• At least 1 Regular Education Teacher

• 1 district representative who is

  • Qualified to provide/supervise special education for the student

  • Knowledgeable about the general education curriculum

  • Understands the availability of resources in the district

• 1 person who can interpret the instructional implications of the evaluation results

• Any other individuals who have knowledge or special expertise regarding the student, at the discretion of the parent or district

• The student, whenever appropriate (and after age 14)

IEP Rights

• Free Appropriate Public Education (FAPE) - students with disabilities, including suspended or expelled students, have the right to a free education that meets their unique needs. This is not the best education, but what is appropriate. Federal Law § 300.17

• Evaluation: You have the right to an evaluation of your child to find out if he or she has a disability and is eligible for special education services. Massachusetts Regulations 603 CMR 28.04

• Least Restrictive Environment (LRE) - students with disabilities have the right to be educated alongside students without disabilities as much as possible. Federal Regulations § 300.114

What are my rights in Boston Public Schools with an Individualized Education Plan (IEP)?

Click here to learn more about your IEP rights as a BPS parent or student.

Components of an IEP

1. Definition of a Disability: The student must have one of 13 qualifying conditions. § 300.8(a). Definitions of each disability located in § 300.8(c)

2. IEP Goals:

3. Service Grid: The grid categorizes services based on WHERE they are delivered (A, B, C options below). Types of services (e.g. Math, OT) will then be divided into one of the delivery grids.

   • A Grid: teacher/provider/parent support, training, or consultations

   • B Grid: student’s services IN the GENERAL education setting

   • C Grid: services OUTSIDE of the general education setting. Typically, school will refer to this as “pull out” services, or services spent with providers in their various other settings