Special Education Laws and Regulations
Since the 1960s, there has been a virtual avalanche of legislation that relates directly or indirectly to individuals with disabilities, particularly children and youth. Use the links below to explore several of the most influential laws. These form the core of current protection against discrimination and current guarantees of equal educational opportunity that individuals with disabilities have in our nation.
Quick Start Guide: Massachusetts Special Education process
Written by SPEDWatch, a 501(c)3 nonprofit group functioning as an activist movement for special education rights. Contact Ellen Chambers at emchambers@charter.net
Request for Special Education Assessment Including Sample Letter
To request assessment to determine if your child is eligible for special education you should submit a written letter to your child’s school. If your child is preschool age and not enrolled in school yet then direct the letter to the School District’s Special Education Division. Otherwise, address the letter to your School’s Principal and hand deliver asking for a date stamped copy for your records. The written request will trigger specific timelines that the school must follow. The easiest way to remember these timelines is 15 – 15 – 60.
FEDERAL LAWS:
IDEA—the Individuals with Disabilities Education Act
IDEA, the Individual with Disabilities Education Act, is our nation’s special education law. The IDEA guides how states, school districts, and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.
IDEA Parent Guide - A comprehensive guide to your rights and responsibilities under the Individuals with Disabilities Education Act (IDEA 2004)
NCLB—No Child Left Behind Act
The No Child Left Behind (NCLB) Act, Public Law (PL) 107-110, is the nation’s latest general education law. It amends the Elementary and Secondary Education Act (ESEA) and has brought sweeping changes to our educational systems. What does the law require, what does it change about education, how are states responding, and what does the law mean for children with disabilities?
Section 504 of the Rehabilitation Act
Before there was IDEA, there was the Rehabilitation Act of 1973, a civil rights law that prohibits discrimination on the basis of disability. Section 504 of this Act continues to play an important role in education, especially for students with disabilities who may not qualify for special education services under IDEA.
Americans with Disabilities Act – The ADA
Passed by the Congress and signed into law by the President in July 1990, the ADA is the first comprehensive declaration of equality for people with disabilities. The ADA protects the civil rights of people with disabilities in all aspects of employment, in accessing public services such as transportation, and guaranteeing access to public accommodations
such as restaurants, stores, hotels and other types of buildings to which the public has access.
Assistive Technology Act
Assistive technology can greatly improve the access and function of people with disabilities in school, work, home, and community. The Assistive Technology Act is intended to ensure that people with disabilities have access to assistive technology devices and services.
US Department of Education: Office of Special Education Programs (OSEP)
A "one-stop shop" for resources related to IDEA that will change and grow as resources and information become available. Provides searchable versions of IDEA and the regulations, access to cross-referenced content from other laws (e.g., the No Child Left Behind Act (NCLB), the Family Education Rights and Privacy Act (FERPA), etc.), video clips on selected topics, topic briefs on selected regulations, links to OSEP's Technical Assistance and Dissemination (TA&D) Network and a Q&A Corner.
A National Update of Case Law 1998 to the Present Under The IDEA and Section 504/A.D.A.
by noted legal expert Perry Zirkel. This compendium of litigation will be helpful for anyone looking for the legal history of case law under these three important civil rights laws with respect to educating children and youth with disabilities.
MASSACHUSETTS LAWS:
Massachusetts Special Education Law
Massachusetts Department of Education, Education Laws and Regulations
Massachusetts Autism Bill (Chapter 57 of the Acts of 2006)
AN ACT ADDRESSING THE SPECIAL EDUCATION NEEDS OF CHILDREN WITH AUTISM SPECTRUM DISORDER.
Administrative Advisory SPED 2012-1
The Autism Insurance Law, ARICA, August 22, 2011
House Bill 3720 (formerly H.159), An Act to Promote the Successful Transition of Students with Disabilities to Post-Secondary Education, Employment, and Independent Living Special Education - Massachusetts Department of Elementary and Secondary Education website
Massachusetts Department of Elementary and Secondary Education (DESE) contains extensive information
Standards for Extended School Year (ESY)
Determination of eligibility for the extended school year, or "summer school"
Massachusetts Curriculum Framework
Curriculum guidelines, incorporating the new Common Core State Standards
A Parent's Guide to Special Education
Written by the Federation for Children with Special Needs in collaboration with the Massachusetts Department of Education, the Guide is meant to serve as a resource for parents, and the organizations that serve them. The Guide contains the most current and accurate information available regarding the special education system in Massachusetts. It is the hope of the Federation that this publication will assist families in obtaining the supports and services that their children with disabilities need to succeed in school.
Parent's Notice of Procedural Safeguards
The Parent's Rights Brochure is designed to assist the parent in understanding the special education process, and the rights of the parent's when their child has been referred for or is receiving special education services.
Massachusetts State Performance Plan
This page contains both the Massachusetts State Performance Plan (MA SPP) for FFY 2005-2012 and the Massachusetts Annual Performance Report (MA APR) for FFY 2009. Developed in accordance with 20 U.S.C. 1416(b)(1), the MA SPP measures progress on 20 indicators identified by the Office of Special Education Programs (OSEP), and includes baseline data, targets, and improvement activities for each indicator.
Disability Definitions and Related Links - Special Education
Definitions of each of the Massachusetts disability categories, and resources for each disability.
Best Practices in Early Childhood Transition
Written collaboratively by the Department of Early Education and Care, the Department of Public Health, and the Department of Elementary and Secondary Education, "Best Practices in Early Childhood Transition" was developed to serve as a guide for families as their children transition from Early Intervention Services into a preschool program.
Public School Coordinated Program Review (CPR) System Overview
The Department of Elementary and Secondary Education oversees local compliance with education requirements through the CPR. Each school district and charter school in Massachusetts is scheduled to receive a CPR every six years and a mid-cycle special education follow-up visit three years after the CPR.
Program Quality Assurance Services (PQA) - Massachusetts Department of Elementary and Secondary Education
Program Quality Assurance Services implements the Department's compliance monitoring and complaint management procedures for school districts, charter schools, educational collaboratives, and approved public and private day and residential special education schools and provides technical assistance to school personnel and the public regarding the implementation of laws and regulations.
Request for Special Education Assessment Including Sample LetterTo request assessment to determine if your child is eligible for special education you should submit a written letter to your child’s school. If your child is preschool age and not enrolled in school yet then direct the letter to the School District’s Special Education Division. Otherwise, address the letter to your School’s Principal and hand deliver asking for a date stamped copy for your records. The written request will trigger specific timelines that the school must follow. The easiest way to remember these timelines is 15 – 15 – 60.
Quick Start Guide: Massachusetts Special Education process
Written by SPEDWatch, a 501(c)3 nonprofit group functioning as an activist movement for special education rights. Contact Ellen Chambers at emchambers@charter.net
Request for Special Education Assessment Including Sample Letter
To request assessment to determine if your child is eligible for special education you should submit a written letter to your child’s school. If your child is preschool age and not enrolled in school yet then direct the letter to the School District’s Special Education Division. Otherwise, address the letter to your School’s Principal and hand deliver asking for a date stamped copy for your records. The written request will trigger specific timelines that the school must follow. The easiest way to remember these timelines is 15 – 15 – 60.
FEDERAL LAWS:
IDEA—the Individuals with Disabilities Education Act
IDEA, the Individual with Disabilities Education Act, is our nation’s special education law. The IDEA guides how states, school districts, and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.
IDEA Parent Guide - A comprehensive guide to your rights and responsibilities under the Individuals with Disabilities Education Act (IDEA 2004)
NCLB—No Child Left Behind Act
The No Child Left Behind (NCLB) Act, Public Law (PL) 107-110, is the nation’s latest general education law. It amends the Elementary and Secondary Education Act (ESEA) and has brought sweeping changes to our educational systems. What does the law require, what does it change about education, how are states responding, and what does the law mean for children with disabilities?
Section 504 of the Rehabilitation Act
Before there was IDEA, there was the Rehabilitation Act of 1973, a civil rights law that prohibits discrimination on the basis of disability. Section 504 of this Act continues to play an important role in education, especially for students with disabilities who may not qualify for special education services under IDEA.
Americans with Disabilities Act – The ADA
Passed by the Congress and signed into law by the President in July 1990, the ADA is the first comprehensive declaration of equality for people with disabilities. The ADA protects the civil rights of people with disabilities in all aspects of employment, in accessing public services such as transportation, and guaranteeing access to public accommodations
such as restaurants, stores, hotels and other types of buildings to which the public has access.
Assistive Technology Act
Assistive technology can greatly improve the access and function of people with disabilities in school, work, home, and community. The Assistive Technology Act is intended to ensure that people with disabilities have access to assistive technology devices and services.
US Department of Education: Office of Special Education Programs (OSEP)
A "one-stop shop" for resources related to IDEA that will change and grow as resources and information become available. Provides searchable versions of IDEA and the regulations, access to cross-referenced content from other laws (e.g., the No Child Left Behind Act (NCLB), the Family Education Rights and Privacy Act (FERPA), etc.), video clips on selected topics, topic briefs on selected regulations, links to OSEP's Technical Assistance and Dissemination (TA&D) Network and a Q&A Corner.
A National Update of Case Law 1998 to the Present Under The IDEA and Section 504/A.D.A.
by noted legal expert Perry Zirkel. This compendium of litigation will be helpful for anyone looking for the legal history of case law under these three important civil rights laws with respect to educating children and youth with disabilities.
MASSACHUSETTS LAWS:
Massachusetts Special Education Law
Massachusetts Department of Education, Education Laws and Regulations
Massachusetts Autism Bill (Chapter 57 of the Acts of 2006)
AN ACT ADDRESSING THE SPECIAL EDUCATION NEEDS OF CHILDREN WITH AUTISM SPECTRUM DISORDER.
Administrative Advisory SPED 2012-1
The Autism Insurance Law, ARICA, August 22, 2011
House Bill 3720 (formerly H.159), An Act to Promote the Successful Transition of Students with Disabilities to Post-Secondary Education, Employment, and Independent Living Special Education - Massachusetts Department of Elementary and Secondary Education website
Massachusetts Department of Elementary and Secondary Education (DESE) contains extensive information
Standards for Extended School Year (ESY)
Determination of eligibility for the extended school year, or "summer school"
Massachusetts Curriculum Framework
Curriculum guidelines, incorporating the new Common Core State Standards
A Parent's Guide to Special Education
Written by the Federation for Children with Special Needs in collaboration with the Massachusetts Department of Education, the Guide is meant to serve as a resource for parents, and the organizations that serve them. The Guide contains the most current and accurate information available regarding the special education system in Massachusetts. It is the hope of the Federation that this publication will assist families in obtaining the supports and services that their children with disabilities need to succeed in school.
Parent's Notice of Procedural Safeguards
The Parent's Rights Brochure is designed to assist the parent in understanding the special education process, and the rights of the parent's when their child has been referred for or is receiving special education services.
Massachusetts State Performance Plan
This page contains both the Massachusetts State Performance Plan (MA SPP) for FFY 2005-2012 and the Massachusetts Annual Performance Report (MA APR) for FFY 2009. Developed in accordance with 20 U.S.C. 1416(b)(1), the MA SPP measures progress on 20 indicators identified by the Office of Special Education Programs (OSEP), and includes baseline data, targets, and improvement activities for each indicator.
Disability Definitions and Related Links - Special Education
Definitions of each of the Massachusetts disability categories, and resources for each disability.
Best Practices in Early Childhood Transition
Written collaboratively by the Department of Early Education and Care, the Department of Public Health, and the Department of Elementary and Secondary Education, "Best Practices in Early Childhood Transition" was developed to serve as a guide for families as their children transition from Early Intervention Services into a preschool program.
Public School Coordinated Program Review (CPR) System Overview
The Department of Elementary and Secondary Education oversees local compliance with education requirements through the CPR. Each school district and charter school in Massachusetts is scheduled to receive a CPR every six years and a mid-cycle special education follow-up visit three years after the CPR.
Program Quality Assurance Services (PQA) - Massachusetts Department of Elementary and Secondary Education
Program Quality Assurance Services implements the Department's compliance monitoring and complaint management procedures for school districts, charter schools, educational collaboratives, and approved public and private day and residential special education schools and provides technical assistance to school personnel and the public regarding the implementation of laws and regulations.
Request for Special Education Assessment Including Sample LetterTo request assessment to determine if your child is eligible for special education you should submit a written letter to your child’s school. If your child is preschool age and not enrolled in school yet then direct the letter to the School District’s Special Education Division. Otherwise, address the letter to your School’s Principal and hand deliver asking for a date stamped copy for your records. The written request will trigger specific timelines that the school must follow. The easiest way to remember these timelines is 15 – 15 – 60.
