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Some students’ educational needs can only be met in out-of-district placements. Finding the right school for these children can be difficult. If the IEP team supports the placement, the district’s out-of-district coordinator will help facilitate the search. If the district does not agree that the student needs an out-of-district placement, then families may need to learn more about potential placements on their own.
The Individuals with Disabilities Education Act (IDEA) requires school districts to meet the needs of students with disabilities without regard to the cost. The law refers to this as a Free Appropriate Public Education or FAPE. The FAPE mandate is at constant odds with the reality of limited school district budgets. Oftentimes, parents are told by their district that the district’s IEP proposal does meet the student’s needs, but the parents suspect the services and placement offered in the IEP are simply a reflection of the programs and services available in the district.
Answer: Parents are often surprised to learn that federal laws and regulations do not contain a deadline if the IEP team met to review or revise an IEP. (But note: If the IEP meeting was an eligibility meeting, federal regulations do provide a deadline - parents must receive the IEP 60 calendar days after the District received consent to evaluate UNLESS the state imposes a shorter timeframe. In Massachusetts the deadline is 45 school days after the consent to evaluate.)
Wong & Boscarine are proud to be early sponsors of the Massachusetts Advocates for Children (MAC) Overcoming Together annual event. MAC is a nonprofit children's advocacy organization that works with students, families, communities, and at the policy level to remove barriers to education for children across Massachusetts.
Wong & Boscarine LLC
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