IDEA Disability Categories in Massachusetts
What disability categories qualify for an IEP in Massachusetts?
Massachusetts special education eligibility covers students ages 3–22 whose disability adversely affects educational performance and who require specially designed instruction. Under 603 CMR 28.02(7), Massachusetts recognizes the following disability categories: Autism Spectrum Disorder, Communication (including speech/language impairment), Developmental Delay (ages 3–9 only, per 603 CMR 28.02(7)(b)), Emotional Impairment, Health Impairment (including Other Health Impairment per IDEA), Intellectual Impairment, Neurological Impairment (including Traumatic Brain Injury and specific learning disabilities affecting neurological processing), Physical Impairment, and Sensory Impairment—Hearing and Sensory Impairment—Vision (Deaf-Blindness as a combined category). Massachusetts terminology differs from IDEA in key ways: 'Intellectual Impairment' replaces 'Intellectual Disability,' 'Emotional Impairment' replaces 'Emotional Disturbance,' and 'Sensory Impairment—Hearing' covers what IDEA calls 'Deafness' and 'Hearing Impairment.' Massachusetts uses 'eligible student' and 'school-age child with a disability' as defined terms. A student must meet eligibility through a comprehensive evaluation under 603 CMR 28.04–28.05; disability category alone does not determine eligibility — the disability must adversely affect educational performance and require specially designed instruction or related services.
What Massachusetts Requires
A student must be evaluated and found to have one or more of the recognized disability categories under 603 CMR 28.02(7) AND the disability must adversely affect educational performance, requiring specially designed instruction or related services; diagnosis alone does not confer eligibility (603 CMR 28.05(2)).
Massachusetts uses state-specific disability terminology that differs from IDEA: 'Emotional Impairment' (not Emotional Disturbance), 'Intellectual Impairment' (not Intellectual Disability), 'Sensory Impairment—Hearing' (covers Deafness and Hearing Impairment), and 'Sensory Impairment—Vision' (covers Visual Impairment and Blindness) (603 CMR 28.02(7)).
Developmental Delay is available only for students ages 3–9 in Massachusetts (603 CMR 28.02(7)(b)); once a student turns 9, they must be re-evaluated and identified under a specific categorical disability if special education services are to continue.
A student's IEP must list the specific disability category or categories; the category informs the evaluation areas required, the services that may be appropriate, and how progress is measured; students may have multiple disability categories (603 CMR 28.05(2)).
Students who do not qualify under IDEA/MGL c. 71B special education may still be protected under Section 504 of the Rehabilitation Act (29 U.S.C. § 794) if they have a physical or mental impairment that substantially limits a major life activity, without requiring specially designed instruction.
Key Timelines
Developmental Delay eligibility expires at age 9 (end of the school year); re-evaluation for categorical eligibility must occur before services can continue beyond that age (603 CMR 28.02(7)(b)).
Initial eligibility determination must be completed within 45 school working days of written parental consent for evaluation; if the student is found eligible, the proposed IEP is presented at the same Team meeting (603 CMR 28.05(1)).
Re-evaluation (every 3 years or more frequently if needed) must include review of the disability category to confirm it remains accurate; parents or the school may request re-evaluation at any time (34 CFR § 300.303; 603 CMR 28.04(4)).
Parents must receive written notice (N1 form) of the eligibility determination; if found ineligible, the school must provide written reasons citing evaluation data (603 CMR 28.05(3)).