Peabody Special Education Parent Advisory Council

The City Council’s Finance Committee, sitting as the Committee of the Whole, will meet Thursday, June 18th, to review and discuss the school budget.

Below is the agenda.

https://www.peabody-ma.gov/meetings/Finance-E-Packet-061626.pdf

https://www.peabody-ma.gov/meetings/Finance-E-Packet-061826.pdf

There are additional meetings scheduled for June 23rd and 25th if needed.

⚽️North Shore Rover Fall 2026 registration is open⚽️

North Shore Children's Museum

❓ **Why should Massachusetts families care about H.4217?**

Imagine being aware that your child is not receiving the school services they need and then being told that **YOU must prove the school district is wrong.**

That is the reality facing Massachusetts families today.

Today when a special education dispute reaches a due process hearing at the Bureau of Special Education Appeals (BSEA), the burden of proof generally falls on the party bringing the complaint which is most often the parent. This means families must gather evidence, retain experts, obtain records, and prove that the district failed to provide a Free Appropriate Public Education (FAPE), even though the district created the evaluations, wrote the IEP, maintained the records, and made the educational decisions. How can we change that?

**H.4217, An Act to Ensure Fair Due Process in Special Education Disputes**

The bill would place the burden of proof on school districts, requiring them to demonstrate that they complied with the law and provided an appropriate educational program. Several states have already adopted this approach, including:

✅ Connecticut
✅ Delaware
✅ New Hampshire
✅ New Jersey
✅ New York
✅ West Virginia
✅ Washington

These states recognized a simple reality: school districts have access to the records, evaluations, staff expertise, and decision-making authority. They are in the best position to explain and defend the decisions they made regarding a student's education.

**What difference does this make?**

Supporters argue that when districts know they may need to defend their decisions, it creates incentives to:

📋 Conduct comprehensive evaluations

📋 Follow the recommendations of qualified evaluators

📋 Maintain accurate documentation

📋 Develop stronger IEPs

📋 Resolve disagreements earlier

📋 Collaborate more effectively with families

📋 Focus on preventing disputes rather than winning them

Importantly, states that have adopted similar laws have not experienced a dramatic increase in litigation. Instead, advocates report that these policies help level the playing field and encourage disputes to be resolved based on the student's needs and the quality of the evidence rather than procedural advantages.

At its core, H.4217 is about accountability.

School districts:

✔️ Evaluate students

✔️ Determine eligibility

✔️ Draft IEPs

✔️ Select placements

✔️ Control educational records

✔️ Employ the professionals making recommendations

When those decisions are challenged, many believe it is only fair that the district (not the family) be responsible for demonstrating that those decisions complied with federal and state special education law.

**What can families do right now?**

📞 Contact members of the Massachusetts House Rules Committee and ask them to move H.4217 forward.

📞 Contact House and Senate leadership and ask them to support fair due process protections for students with disabilities.

📞 Contact your State Representative and State Senator and ask them to support H.4217 and advocate for its passage.

📞 Share this information with your local SEPAC, disability organizations, parent groups, and community leaders.

🔎 Find your legislators:
https://malegislature.gov/Search/FindMyLegislator

🔎 House Rules Committee:
https://malegislature.gov/Committees/Detail/H22

Every child gets only one chance at an education. H.4217 seeks to ensure that when disagreements arise, families have access to a process that is fair, balanced, and focused on educational outcomes rather than procedural hurdles.

One of the most common things I hear in IEP meetings is:

"Your child is making progress."

And that's great! Progress matters.

But as parents, we need to dig a little deeper.

Because a child can be making progress and still:

🔹 Not be on track to meet their goals
🔹 Continue to fall further behind peers
🔹 Need additional supports or services

The next time you hear "they're making progress," don't stop there.

𝐀𝐬𝐤 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬. 𝐀𝐬𝐤 𝐟𝐨𝐫 𝐝𝐚𝐭𝐚. 𝐀𝐬𝐤 𝐡𝐨𝐰 𝐭𝐡𝐚𝐭 𝐩𝐫𝐨𝐠𝐫𝐞𝐬𝐬 𝐢𝐬 𝐛𝐞𝐢𝐧𝐠 𝐦𝐞𝐚𝐬𝐮𝐫𝐞𝐝.

Remember: the goal isn't just progress; 𝙞𝙩'𝙨 𝙢𝙚𝙖𝙣𝙞𝙣𝙜𝙛𝙪𝙡 𝙥𝙧𝙤𝙜𝙧𝙚𝙨𝙨.