Assessment/Accountability
Program Quality Assurance Services
Compliance and Monitoring

Letter to New Bedford Public Schools - Timelines for Issuing IEPs [603 CMR 28.05(7)]

July 25, 2002

Dr. Lawrence J. Finnerty
Special Education Director
New Bedford Public Schools
Special Education Department
455 County Street
New Bedford, MA 02740-5194

Dear Dr. Finnerty:

I am responding to your May 21, 2002, inquiry to me regarding compliance with timeline standards for the issuance of IEPs under the current state special education regulation 603 CMR 28.05(7). I apologize for the delay in providing you with this response.

In your letter you indicate your intention to establish procedures in the New Bedford Public Schools to comply with this state regulatory requirement for the issuance of IEPs "immediately after development" by the Team. Specifically, you have inquired regarding the definition of "immediately" and have requested suggestions regarding what exactly a parent must receive from a school district at the conclusion of an IEP Team meeting in order to demonstrate compliance to the Department of Elementary and Secondary Education during your district's next Coordinated Program Review.

As you know, former state standards required IEPs to be issued by a district within 10 days after the conclusion of a Team meeting. Additionally, all Massachusetts school districts were informed by the Commissioner on September 1, 2000, that this Massachusetts standard was found by the U.S. Department of Education, Office of Special Education Programs (OSEP), to be inconsistent with federal special education standards which call for the more timely provision of the IEP to a parent. While no specific timeline in this regard is stated in the federal law or implementing regulations, the general standard used by OSEP is for the issuance of the IEP "without undue delay" after the conclusion of the Team meeting. In response to OSEP's finding of noncompliance with this timeline standard in Massachusetts, the Board of Education adopted language in emergency regulations effective on September 1, 2000, and final regulations issued in December of that year to ensure that districts issued IEPs in a more timely manner. The language that the Board chose was "immediately after the development of the IEP" to underscore the importance for the more timely provision of the IEP to parents than had been documented by OSEP during their onsite activities in this state.

The Department clearly understands that this timeline standard is a daunting requirement with which to comply in consideration of the complexities associated with the development and proposal of an IEP. At the same time, in consideration of this state's citation of noncompliance by OSEP and our Board's regulation, the Department does not have authority to reinterpret this standard in an overly broad manner. Acknowledging this, Program Quality Assurance Services in collaboration with Marcia Mittnacht, State Director of Special Education, have developed the following interpretation of the Board's "immediately" standard which we believe responds to OSEP's interests for the more timely issuance of IEPs and the Board's insistence that parents be provided with written confirmation of IEP Team decisions in a more timely manner.

When asked for an interpretation of implementation standards for regulation 603 CMR 28.05(7), staff members from Program Quality Assurance Services and the Department's Office of Special Education Planning and Policy Development have consistently indicated the following to ensure that standards of OSEP and the Board of Education are met:

• Where a district does not provide a fully completed IEP at the conclusion of an IEP meeting, as a best practice the district should provide the parent with a written summary of the decisions and agreements reached during the Team meeting which include (1) a completed IEP service delivery grid describing the types and amounts of special education and/or related services proposed by the district, and (2) a statement of the major goal areas associated with these services.

• No later than three calendar days from the conclusion of the Team meeting (and five calendar days where weekend days intervene) the district should issue the fully developed IEP and notice of procedural safeguards and parents rights.

I hope that this brief explanation is helpful to you as you develop your local procedures to comply with federal and state special education requirements.

If you need further assistance in this matter, please be in touch with me directly.

Again, I regret the delay in issuing this response to your inquiry, and thank you for your patience.

Sincerely,

John D. Stager
Administrator
Program Quality Assurance Services

C: Marcia Mittnacht, State Director of Special Education