BPS Policies (Circulars)
Understand what BPS policies exist, where there are gaps, and what it means for you as a parent.
BPS Circulars are BPS Policies that help guide schools in implementing the law.
Official Title: Standards for “School-based Mental Health Services”
All Circulars located here
All Circulars should be updated annually
All Circulars should be available in multiple languages
SPE-14 Counseling Guidelines
Last Updated: September 6, 2018
Translations: None
Guiding Ethics
American Psychological Association: overcome obstacles toward personal growth
MA Department of Mental Health: develop treatment plan to resolve mental or emotional obstacles
American Counseling Association: encourage growth through client interest and welfare
BPS Counseling Work: support success within the classroom
Prior to Counseling
Student Support Team = recommends counseling based on student’s referral
Assigned counselor must be clear about recommended services, reason for referral, and expected outcome before beginning.
Counselor must outline goals and outcomes on a form
All counseling will be focused on behaviors that impact classroom teaching and learning, academic achievement, and daily school functioning.
Trauma: some issues may necessitate psychiatric intervention and/or 51A Report of neglect or abuse. IF this this happens, school will refer family to community counseling agency/mental health facility
Consent: written consent required from student and parent/legal guardian PRIOR to starting counseling
Counseling Sessions
Schedule: must be consistent and written. All parties in school must have it
Location: confidential space
Contact: no physical contact. If inappropriate behavior occurs, disciplinary action or termination of counselor by BPS may happen
Notes: each session documented. Themes of concern or critical information should be shared with parent/legal guardian
Terminating Counseling
If counseling ends before outcomes reached, then parent must be notified.
BPS Contact - Counseling Guidelines
Andria Amador, Senior Director of Behavioral Health Services
(617) 635-9676
aamador@bostonpublicschools.org
SPE-15 Discipline of Students with Disabilities
Last Updated: September 1, 2017
Translations: None
Procedures
Disciplinary suspension allowed up to 10 days
Expulsion or change in placement results in “Manifestation Determination TEAM” meeting with parent and school.
Goal: determine if misconduct was a result of the disability (Attachment C)
Notification: invitation to parent must come in writing
Timing: within 10 school days of incident
Consideration: IEP, teacher observances, relevant information provided by the parent
SpEd Involvement: Chairperson or representative must be present
Records: decision/finding goes on file in student’s folder
Outcome Options:
Misconduct IS NOT related to disability = follow normal disciplinary measures. SpEd required to be provided in new placement/duration of suspension/expulsion for academic purposes and to continue progress on IEP goals
Misconduct IS related to disability = may not be expelled or suspended more than 10 school days
Special Circumstances
Some circumstances allow for a change in placement for up to 45 days. The temporary site must provide all IEP services.
Parents/guardians must be notified on the same day the decision is made to take disciplinary action.
Parents/guardians must be provided with the Parents' Notice of Procedural Safeguards
When this would apply:
Student has a weapon at school
Student has, uses, sells, or tries to buy a controlled substance at school
Student seriously injures another person at school
A Bureau of Special Education Appeals hearing officer may order a change of placement if a child is likely to injure themself / others in their current placement.
Not Yet Eligible for Special Education
This protects students with disabilities who have violated a rule but who have NOT been approved for SpEd / related services.
If the school knew the student had a disability before the incident, the student may claim any of the protections under IDEA 2004 Sec. 300.534
If any of the below happened, the school department knew of the student's disability:
1. The parent expressed concern to school supervisors / administration / child’s teacher that the child is in need of services. Must be in writing.
2. The parent requested an evaluation.
3. The teacher of the child / other LEA personnel expressed specific concerns about a pattern
of behavior to the director of special education or other supervisor.
Protections for Students Not Yet Eligible for Special Education - NO Prior Knowledge of Disability
If the school did not know about the disability, students with disabilities will be disciplined the same as students without disabilities with a few exceptions.
If an evaluation request is made during the time student is disciplined, the evaluation must expedited. Until the evaluation is complete the student must remain in their current school and cannot be removed (can't have a "change in placement".
A change in placement is defined as:
The removal is for more than 10 consecutive school days
The child has been subjected to a series of removals that constitute a pattern:
(i) Because the series of removals total more than 10 school days in a school year;
(ii) Because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and
(iii) Because of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.
Note: Accommodation services do NOT need to be provided for the first 10 days of removal. Services must be provided on day 11 of removal onward. The child’s teachers will determine which services are needed and the where the services will be provided.
Suspension Register
The school must keep a record for each student with disabilities who has been suspended. It must include:
Why the student was suspended
Dates & length of this suspension
Total days suspended (Attachment B)
Suspensions should also be logged and reported on the monthly suspension report, Form B (Attachment F)
Referrals of Regular Education Students
If a student is suspended more than 5 days in a quarter and has NOT been identified as having special needs, the Principal / Headmaster may refer the student for SpEd evaluation.
Principal / Headmaster must inform parents/guardians in writing:
if a SpEd evaluation referral is being made, and
of their right to make a referral.
Attachments
Attachment A: Requirements for Discipline of Students with Disabilities
Attachment B: Register of Suspensions of Students with Disabilities
Attachment C: Manifestation Determination (MD)
Attachment D: Functional Behavioral Assessment (FBA)
Attachment E: Behavioral Intervention Plan (BIP)
Attachment F: Monthly Suspension Report (form B)
Attachment G: Checklist for Discipline of Students with Disabilities
BPS Contact - Discipline of Students with Disabilities
Maryann Molloy, SpEd Support Services Supervisor
(617) 635-8599
mmolloy@bostonpublicschools.org
SPE-20 Screening for 3 and 4 Year Olds
2021/2022 Screening Dates
Tuesday October 5, 2021
Tuesday November 9, 2021
Friday December 7, 2021
Tuesday March 1, 2022
Tuesday March 22, 2022
All screenings take place from 9:00am-12:30pm at Campbell Resource Center, 1st floor, 1216 Dorchester Ave, Boston, MA 02125.
All screenings require an appointment.
Screenings are for children who do not currently attend BPS and are Boston residents.
The child must attend the screening.
Bring proof of residency and a the child's birth certificate.
To schedule a screening: call or email Maryann Molloy to RSVP for the screening date you are interested in attending with your child. 617-635-8599 mmolloy@bostonpublicschools.org
Last Updated: September 1, 2017
Translations: None
About Screenings
MA state law requires every school system to find 3- and 4-year-olds with disabilities or who may experience challenges in a regular Pre-K or Kindergarten program.
Read the law: Mass. State Law 603 CMR 28.00
Screening Location
Campbell Resource Center, 1216 Dorchester Ave. Nearest T stop is Savin Hill MBTA train station. Parking lot available.
Principals send home copies of the screening schedule in the appropriate
language, on the second Monday in September.
Who is Eligible
Any child age 3 or 4 who lives in Boston.
A family member must attend the screening.
What's Covered in the Screening?
Vision, hearing, cognitive-perceptual development, speech, language.
BPS Contact - Screening for 3 and 4 Year Olds
Maryann Molloy, SpEd Support Services Supervisor
(617) 635-8599
mmolloy@bostonpublicschools.org
SPE-21 Section 504 Grievance Procedures
Last Updated: September 6, 2018
Translations: None
Purpose
Investigate and resolve complaints of disability discrimination.
Read the Law:
Read more: FAQs about Section 504 & the Education of Students with Disabilities
General Policies
If someone reports discrimination, or participates in an investigation, they are protected from retaliation.
Meeting times shouldn't conflict with school.
Filing a complaint will not change how BPS sees the student or harm the student in any way.
Investigations are confidential.
To decide if discrimination occurred, the school will look at the whole picture: surrounding circumstances, type of behavior, relationships between people involved, and context. A decision will be based on all the facts and context.
Procedures: Reports to Special Education Coordinators
Filing a report / complaint:
Anyone can file a report (student, family, 3rd party).
Submit the report to the Principal/Headmaster.
File the report as soon as possible after the incident occurs.
Resolution:
The SpEd Coordinator will try to resolve the matter.
If you do not want to work with the SpEd Coordinator, or you do not like their solution, you can report directly to the Office of Equity.
To submit a report to the Office of Equity, contact:
BPS Office of Equity
(617) 635-9650
bpsequity@bostonpublicschools.org
Procedures: Reports to the Office of Equity
Office of Equity staff will ask the for information about the incident(s). They may ask for a written statement, and can provide assistance.
The Office of Equity will notify school leaders and other people involved when the report is received.
The Office of Equity will will review and investigate.
When the investigation is complete, the Office of Equity will contact the person who submitted the report and tell them what the outcome.
5 Depending on the situation, the Office of Equity may use conflict resolution techniques (training, coaching, restorative justice). Mediation will not be used in cases of sexual assault.If the Office of Equity finds that BPS' nondiscrimination policy was violated, they will address the matter and prevent it from happening again.
The Office of Equity will keep all records.
The Office of Equity will:
Take all reports seriously.
Take steps to end discrimination and prevent it in the future.
Refer disciplinary action for people who violate BPS' nondiscrimination policy.
For employees, discipline can include: written warning, suspension, termination. More info: Sup't Circular HRS-PP10
For students, discipline can include: suspension, expulsion.
State and Federal Remedies
Even if you go through BPS to file a complaint, you can also contact a state / federal agency. Most of these agencies have a short time period for filing a claim (OCR: 180 days; MDOE: within same school year; MCAD: 300 days).
United States Department of Education Office for Civil Rights ("OCR")
Submit claim within 180 days of incident
John W. McCormack Post Office and Courthouse
5 Post Office Square,
8th Floor, Suite 900
Boston, MA 02109
(617) 289-0111Massachusetts Department of Education ("MDOE")
Submit claim within same school year
350 Main St.
Malden, MA 02108
(781) 388-3300Massachusetts Commission Against Discrimination ("MCAD")
Submit claim within 300 days of incident
One Ashburton Place, Room 601
Boston, MA 02108
(617) 994-6000Massachusetts Office of Attorney General (“MAG”)
Civil Rights Division
One Ashburton Place
Boston, MA 02108
(617) 727-2200 ext. 2691
BPS Contact - 504 Grievance Procedures
BPS Office of Equity
(617) 635-9650
bpsequity@bostonpublicschools.org
