Massachusetts Child Find Regulation: A Parent Resource

Child Find is the legal responsibility to identify, locate, and evaluate children who may have disabilities and may need special education and related services. It is not a promise that every referred child will qualify for an IEP. It is a duty to respond when there is reason to suspect a disability and an educational need, rather than waiting for a child to fail.

1. Who is covered by Child Find?

Federal Child Find protections include children with disabilities residing in the state, including students experiencing homelessness, wards of the state, children attending private schools, highly mobile children, and students suspected of disability even when they are advancing from grade to grade.

In Massachusetts, an eligible student is generally a person ages 3 through 21 who has not attained a high school diploma or its equivalent and who meets the state's disability and educational-need requirements. Massachusetts also requires preschool screening for children ages 3 and 4 and children who are of age to enter kindergarten. Participation in screening for 3- and 4-year-olds is optional for parents.

2. A parent may make a referral

Under 603 CMR 28.04, a student may be referred for an initial special education evaluation by a parent or by another person in a caregiving or professional position who is concerned about the student's development. A parent does not need to identify the correct disability category, know the final diagnosis, or determine the services before making a referral.

A written referral is usually the clearest approach. It should identify the student, state that the parent is requesting an initial special education evaluation, describe the concerns and their effect on learning or school access, and request assessment in all areas related to the suspected disability. Parents should keep a dated copy and ask the district to confirm when it received the referral.

3. Massachusetts timelines

Within five school days after receiving the referral, the school district must send written notice to the parent, seek consent for the evaluation, and give the parent an opportunity to share concerns and information about the student's skills and abilities.

After the district receives written parental consent, a multidisciplinary team must complete the evaluation within 30 school days. The assessments must address all areas related to the suspected disability and be administered by appropriately trained and credentialed specialists.

Within 45 school working days after receiving parental consent, the district must complete the evaluation, convene the Team, determine eligibility, and, when the student is eligible, develop a proposed IEP and placement. If the Team determines that the student is not eligible, the district must provide a written explanation.

4. MTSS and RTI cannot delay an evaluation

Intervention systems such as MTSS and RTI can provide useful support and data. They may continue while an evaluation is underway. However, federal guidance makes clear that an RTI process may not be used to delay or deny a full and individual evaluation when a disability and need for special education are suspected.

Passing grades also do not automatically end the Child Find inquiry. Federal regulations expressly include students suspected of disability and need even when they are advancing from grade to grade. Teams should consider the effort, interventions, accommodations, functional needs, and individualized support required for the student to progress and participate.

5. What should the evaluation include?

The evaluation should address all areas related to the suspected disability. Massachusetts requires an educational assessment that reviews progress in the general curriculum and considers attention, participation, communication, memory, and social relationships. The district must also provide a narrative description of the student's educational and developmental potential.

For an English learner, the district must consider English-language proficiency. Assessments and other evaluation materials must be administered in the student's primary language and in the form most likely to provide accurate information about what the student knows and can do academically, developmentally, and functionally.

6. Parents are members of the Team

Parents bring essential information about their child's strengths, history, development, needs, and successful supports. They may request assessment summaries at least two days before the Team meeting, prepare written questions, and ask the Team to explain how the evaluation data connect to educational progress and access.

Massachusetts eligibility has two connected components. The student must have one or more disabilities recognized by the regulation. Because of that disability, the student must be unable to progress effectively in general education without specially designed instruction, or unable to access the general curriculum without one or more related services.

A medical diagnosis can be important evidence, but it does not automatically establish IDEA eligibility. A child also does not need a medical diagnosis before a school evaluation can be requested or completed.

7. What parents can do if the process stalls

Parents can ask the district to put its proposal or refusal in writing, compare the response with their dated referral and consent, request a meeting with the special education administrator, and review the Massachusetts Notice of Procedural Safeguards. When a dispute cannot be resolved collaboratively, families may consider qualified advocacy or legal guidance based on the specific facts.

What the downloadable resource includes

The complete 10-page parent guide includes a Massachusetts referral and evaluation timeline, a customizable referral letter, myths and facts, 15 plain-language vocabulary terms, a strengths-and-concerns worksheet, and a referral and deadline tracker.

Official Massachusetts Child Find resources:

https://www.doe.mass.edu/specialeducation/reporting/spp-apr/indicators/child-find-resources/

Massachusetts special education regulations, 603 CMR 28.00:

https://www.doe.mass.edu/lawsregs/603cmr28.html?section=all

Federal Child Find regulation, 34 CFR 300.111:

https://www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-300/subpart-B/subject-group-ECFRf27988d69cd5d3a/section-300.111

U.S. Department of Education guidance explaining that RTI cannot delay or deny an evaluation:

https://sites.ed.gov/idea/idea-files/osep-memo-11-07-response-to-intervention-rti-memo/

Last reviewed September 2026. This article and guide provide general educational information, not legal advice or a determination of any person's rights. Laws, regulations, forms, and guidance may change. Families should consult current official sources and a qualified Massachusetts special education advocate or attorney when advice about a specific situation is needed.

Download the complete Massachusetts Child Find parent resource (PDF)

https://www.belleducationalconsulting.com/s/massachusetts-child-find-parent-resource.pdf

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