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U.S. Department of Education Calls Out Massachusetts for Failing Special Education Students

U.S. Department of Education has failed to ensure local school districts with the services they are entitled to under federal Law, the US Department of Education has concluded in a long-awaited review.

A recent investigation by the U.S. Department of Education has confirmed what many Massachusetts parents have known for years—our state is failing to ensure students with disabilities receive the services and protections they are legally entitled to. This long-awaited federal report identifies 10 major areas where the Massachusetts Department of Elementary and Secondary Education (DESE) is not complying with the Individuals with Disabilities Education Act (IDEA), putting $340 million in special education funding at risk.

Key Findings from the Federal Report

🔹 Parents Are Not Being Informed of Their Full Rights – Many families don’t even know what they’re entitled to, making it harder to advocate for their child’s needs.

🔹 Students Are Waiting Too Long for Evaluations – Schools are improperly delaying special education assessments by keeping students in general intervention programs for months instead of identifying their disabilities.

🔹 The State Fails to Investigate Complaints Properly – Federal law requires the state to address special education complaints within 60 days, but Massachusetts is not meeting this standard. Even when violations are found, there is little oversight to ensure schools correct their actions.

🔹 Parents Are Being Forced to Pay for Independent Evaluations – Under federal law, families have the right to request an independent educational evaluation (IEE) at public expense if they disagree with a school district’s assessment. However, Massachusetts has been making families shoulder part of the cost without proper legal justification.

🔹 Private School Placements Lack Oversight – Students placed in private special education schools at public expense are not being adequately monitored, leading to issues such as improper discipline and expulsion without a clear appeal process for families.

What This Means for Parents

This report is a huge validation for parents and advocates who have long been frustrated by Massachusetts’ special education system. Many families have been forced to fight school districts just to get their children the basic services they need. Now, the federal government is demanding changes—but change will only happen if parents continue to push forward.

Now Is the Time to Advocate!

Massachusetts has been ordered to take corrective action within the next year, but we know that systemic change takes time—and parents can’t afford to wait. If your child is struggling to get the special education services they need, you have rights—but you may need to fight for them.

💡 Need help navigating the system? At Ask the Advocate, we help parents:

✅ Understand their child’s special education rights
✅ Request and advocate for evaluations
✅ Challenge unfair school district decisions
✅ Ensure IEPs and 504 Plans are properly implemented

If you’re feeling overwhelmed, you are not alone. Call us today or visit [website link] to learn how we can help you advocate for your child’s education.

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