Your Rights & The Process

The Individuals with Disabilities Act which gives rise to individual education plans and the Rehabilitation Act of 1973 which gives rise to 504 plans, both are built with the expectation that parents will learn and exercise their rights. Most challenges parents encounter in the IEP and 504 world can be traced back to not knowing their rights or how to exercise them. Below are links to some key documents to aim to help you avoid those pitfalls.

A Parents Guide to Special Education: https://fcsn.org/parents_guide/pgenglish.pdf

Parents Notice of Procedural Safeguards: http://www.doe.mass.edu/sped/prb/pnps.pdf

Annotated IEP Checklist: http://www.doe.mass.edu/sped/iep/forms/word/Form_CKL.doc

 

Special Education in Massachusetts (author: Children's Law Center of MA): //www.clcm.org/Special_Education_in_MA_Feb2013.pdf

Massachusetts General Law Chapter 71b, Section 3 (which identifies that a district must obtain a diagnosis when evaluating; not just a working hypothesis): 

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter71b/Section3  

Student Records Request Sample Letter: https://massadvocates.org/wp-content/uploads/sample-records-request.docx 

10 Day Timeline for Student Records in MA: http://www.doe.mass.edu/lawsregs/603cmr23.html

A collection of articles explaining how to utilize the power of prior written notice (PWN) requirements: http://www.wrightslaw.com/nltr/11/nl.0315.htm

An article providing a model for use of the PWN power: http://www.wrightslaw.com/info/pwn.throw.flag.htm#letter

 

PWN blank copies: http://www.doe.mass.edu/sped/iep/eng_toc.htm

Advocate Tip of the Day℠, Empowering Advocacy℠, Advocacy Tip of the Day℠, The IEP Clinic℠, Vulnerable Alone -  Formidable Together℠, are all service marks. Cynthia Moore is not a lawyer, does not give legal advice, and does not practice law. © 2018, 2019

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