Applicable laws
IDEA
The Individuals with Disabilities Education Act (IDEA) 20 U.S.C. § 1400, et seq. is a federal law modeled after the Massachusetts General Law Chapter 766 that requires public schools to make available to all eligible children with disabilities a free and appropriate public education in the least restrictive environment appropriate to their individual needs.
Any child who qualifies for special education services will receive services following an evaluation and the development of an Individualized Education Plan (IEP).
Section 504
Section 504 of the Federal Rehabilitation Act of 1973 prohibits discrimination against people with disabilities under any program or activity receiving or benefiting from federal financial assistance, which often includes educational entities. The obligation is to provide academic adjustments - academic modifications and auxiliary aids and services to ensure students have equal opportunity to participate in the program. Read Department of Education regulations for Section 504.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) and state public accommodation law require most schools, colleges and universities to make reasonable modifications in policies, practices, and procedures to ensure equal opportunity to students with disabilities. Read about ADA Title II obligations (the part of the ADA that covers state and local government, including public schools).
Massachusetts Public Education Law
The Massachusetts Public Education Law, Ch. 766 M.G.L. c. 71B, §§ 1 - 16 guarantees a "free and appropriate public education in the least restrictive environment" to all school-aged children (ages 3 to 21) regardless of disability.
The law also mandates support for children with disabilities who may be bullied, providing that whenever the evaluation of the IEP team indicates that the child has a disability that affects social skills development, or that the child is vulnerable to:
- Bullying
- Harassment or
- Teasing because of the child’s disability
The IEP will address the skills needed to avoid and respond to bullying, harassment or teasing.
Read state regulations on special education.
Braille instruction
Braille instruction for school children
M.G.L. c. 71B, §3 entitles school-age children who are deemed legally blind to receive Braille instruction as part of their school's special education services. The school district must also assess the appropriateness of Braille instruction for the child.
Braille instruction for adults
Massachusetts Braille Literacy Law M.G.L. c. 6, § 133G affords legally blind adults the right to learn Braille through the Massachusetts Commission for the Blind (MCB). MCB is required to offer instruction up to the grade 2 Braille level.
Additionally, the vocational rehabilitation and independent living programs MCB provides must evaluate the appropriateness of Braille instruction for each program participant. The assessment shall include:
- The person’s efficiency in reading and writing print as compared with a person of similar intellectual ability;
- The person’s stamina in using print before fatigue occurs; and
- The person’s prognosis for further sight loss.
Transition planning
Massachusetts Transitional Planning Services, Turning 22 (Commonly Known as Chapter 688) M.G.L. c. 71 B, §§ 12A - C provides a transitional planning process for eligible people with disabilities who will lose special education services upon graduation or upon turning 22.
An assigned agency develops an Individual Transitional Plan describing the services needed. The Individual Transitional Plan must be agreed upon by
- The Department of Education
- The Executive Office of Health and Human Services, and
- The person with disabilities or their guardian(s)
Enforcement and recourse
Special education in grade school
Note: We recommend reading the Parents' Guide to Special Education pages 31-33, starting with “What if I disagree with the school about what is right for my child?” This helps explain the options available for resolving disputes with schools concerning the identification, evaluation services, or placement of a child.
If you believe the school is doing something they should not do, you can fill out an online complaint with Massachusetts Department of Elementary and Secondary Education's Problem Resolution System Office (PRS) within one year of the violation. They publish a guide to special education complaint procedures.
The Bureau of Special Education Appeals (BSEA) is notified of all signed rejected IEPs. This independent organization offers a multiple dispute resolution options:
- Mediation
- Advisory opinion
- Due process hearing (most families have a lawyer at this stage, but everyone may find BSEA’s guide for self-represented hearings informative)
- Settlement conference
Higher education and broader civil rights
Section 504 and ADA Title II are enforced by the US Department of Education’s Office of Civil Rights (OCR). Learn about the OCR complaint process.
Further information and support
Special education in grade school
Special education is a detailed topic which MOD does not specialize in. We encourage people to reach out to the following organizations for information and support around special education law for grade school:
- Federation for Children With Special Needs provides:
- A valuable Parents’ Guide to Special Education
- Resources for families including workshops and individual support
- Mass Advocates for Children provides:
- The school district’s Special Education Parent Advisory Committee (SEPAC)
- DESE has a Special Education knowledgebase and its Problem Resolution System Office is available to provide guidance and answer general questions related to state and federal education laws, regulations, and policies.
Higher education and broader civil rights in education
The US Department of Education provides information and resources on protecting students with disabilities from discrimination under Section 504 and ADA Title II.
If, after reading this information, you have questions about disability rights (rather than grade school special education), MOD can discuss the nuances of your unique case and help you understand your options. Use our contact form to give us the key details of your situation.
If you can make good use of our online information and be clear about your questions it helps us serve as many people as possible.
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| Last updated: | May 27, 2026 |
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