Massachusetts Updates Special Education Regulations in 2026: What Parents Should Know

Massachusetts recently updated its special education regulations. Many of the changes simply bring the regulations in line with rights that already existed under state or federal law, but DESE highlighted a few areas parents should know about.

You can read DESE's policy memo here and the updated Massachusetts special education regulations here.

English Learners and Special Education Evaluations

The regulations now expressly require that assessments and evaluation materials for English learners be provided and administered in the student's primary language and in the form most likely to show what the student knows and can do academically, developmentally, and functionally.

This matters because testing should measure a student's actual abilities and disability-related needs, not just their English proficiency.

If a district does not evaluate a student appropriately, a parent may have grounds to question whether the evaluation was comprehensive and appropriate and may request an Independent Educational Evaluation, or IEE. A failure to test a student in their primary language does not automatically entitle a parent to a publicly funded IEE, but it may be an important factor in challenging the district's evaluation.

The regulations also now specifically include English as a Second Language educators among the staff who must receive training on special education requirements.

What About Discipline?

The regulations also add a new section addressing discipline of students with disabilities.

Most of these protections are not actually new. They largely bring existing federal and Massachusetts discipline rules together in one place within the special education regulations. This includes Massachusetts' cumulative 10-day rule, the requirement to provide educational services during disciplinary removals, and parental notice requirements.

Why This Matters

For parents of English learners, the biggest takeaway is that schools must be careful not to confuse language acquisition with disability, or overlook a disability because a student is still learning English.

The regulatory changes make those obligations more visible and easier for families to identify.