Special Education Policy Memo SY2024-2025 — 6

Implementation of 603 CMR 28.05(7): Parent response to proposed IEP and proposed placement

To:	Special Education Administrators, Directors of Charter Schools, Parents of Students with Disabilities, Directors of Approved Special Education Schools, and Other Interested Parties
From:	Jamie Camacho, Acting State Director of Special Education
Date:	June 13, 2025

State special education regulations at 603 CMR 28.05(7) require districts to adhere to the following timelines:

Parent response to proposed IEP and proposed placement. Immediately following the development of the IEP, and within 45 school working days after receipt of the parent's written consent to an initial evaluation or reevaluation, the district shall provide the parents with two copies of the proposed IEP and proposed placement along with the required notice, except that the proposal of placement may be delayed according to the provisions of 603 CMR 28.06(2)(e) in a limited number of cases.

DESE seeks to clarify districts' obligations under this regulatory requirement. As described above, schools must provide two copies of the proposed IEP, proposed placement, and required notice to parents/guardians immediately following the development of the IEP. This must be done within 45 school working days¹ after the district's receipt of the parent/guardian's written consent to an initial evaluation or reevaluation. In this context, the Department defines the term "immediately" as occurring within 45-school working days and no later than 5 school days after the team meeting.

In cases where written consent is received toward the end of the school year, districts must follow the requirements outlined in 603 CMR 28.05(1):

(1) …If consent is received within 30 to 45 school working days before the end of the school year, the school district shall ensure that a Team meeting is scheduled so as to allow for the provision of a proposed IEP or written notice of the finding that the student is not eligible no later than 14 days after the end of the school year.

The Department notes that this policy memorandum supersedes and replaces all previously issued guidance related to this topic. For technical assistance relating to this policy memorandum, please contact specialeducation@mass.gov .

¹ According to 603 CMR 28.02(5), a school working day "shall mean any day, including a partial day, that students are in attendance at school for instructional purposes."

Last Updated: June 18, 2025