MA General Laws
General Laws Part 1, Title XII, Chapter 71B: Children with Special Needs
Section 1: Definitions
Least restrictive environment: priority is for students with disabilities to learn alongside students WITHOUT disabilities. Separate education will only happen when the disability is so severe that learning even with the use of supplementary aids and services cannot be accomplished satisfactorily.
Regular Education: education pathway that leads to college/technical education or to a career.
School Aged Child: 3 to 21 years of age without a high school diploma or HiSET.
School Aged Child with a Disability: students unable to progress effectively in a regular education pathway without additional services or aids.
Special Education: specific educational programs and assignments designed to develop a student's educational potential.
Specific Learning Impairment:
child evaluated to have one of the following 13 disabilities, and needs special education and related services (Federal Law 24 CFR 300.8(c) (formerly 24 CFR 300.7(c)(10)):
Autism
Deaf-blindness
Deafness
Emotional disturbance (including schizophrenia)
Hearing impairment
Intellectual disability
Multiple disabilities
Orthopedic impairment
Other health impairment
Specific learning disability
Speech or language impairment
Traumatic brain injury
Visual impairment
Students ONLY needing a specific service and not a special education is NOT considered a child with a disability.
Section 2: Regulations; special education programs; pre-school level admission to programs; assignment of child
The board should emphasize student developmental potential when talking about special education programs, rather than stigmatizing children's disabilities.
Before referring a child to special education, the school principal should try to meet the child's needs within the regular education program. For example:
Modifying the regular education program
Using support services
Consultative services
Building-based student/teacher assistance in the classroom
The principal must document what they've tried in the student record.
The principal must implement the district's Curriculum Accommodation Plan.
Children requiring special education are entitled to participate in the following:
Additional instruction consultation service, materials, equipment, or aid
Supplementary individual / small group instruction alongside regular classroom program
Integrated programs in special resource classrooms, while attending regular classes to the extent they're able to
Full-time special class teaching in a public school building
Teaching at home
Full-time teaching in a special day school / facility
Teaching at a hospital
Teaching at a short or long-term residential school
Occupational or pre-occupational training alongside with the regular occupational training program in a public school
Occupational and pre-occupational training in conjunction with full-time special class teaching in a public school building, at home, in a special day school or other day facility, hospital or short or long-term residential school
Any combination or modification of these programs or other programs, services or experimental provisions with prior approval of the department
Children in public schools can be taught at home or in the hospital if the child's physician determines the child will have to remain at home or in a hospital for more than 14 school days in any school year. Children in non-public schools shall be entitled to home and hospital services when deemed eligible under this chapter.
Admission to special education programs on the pre-school level is restricted to children with substantial disabilities.
No child will be assigned to a special education class unless they have been evaluated. Children will be reevaluated to see if they are benefiting from the program. If the child is not benefiting, the child may be reassigned to a different program.
Beginning at age 14 or earlier if appropriate, school aged children with disabilities are entitled to transition services and postsecondary goals per The Individuals with Disabilities Education Act
Section 2A: Bureau of special education appeals; duties, director; supervision; standard for dispute resolution; confidentiality; hearing officers; memorandum of understanding; bureau of special education appeals advisory council
This law establishes a Bureau of Special Education Appeals under DESE to resolve special education disputes among parents, school districts, private schools, and state agencies. The law explains how the bureau should be organized and staffed.
Any personally identifiable information held within the Bureau of Special Education is confidential.
Section 3: Identification of school age children with a disability; diagnosis of disability; proposal of program; evaluations and assessments of child and program
This law says that school districts are responsible for identifying school aged children with disabilities, diagnosing their disabilities, proposing a special education plan, and evaluating the child and the program.
The school committee of every city/town/school district must:
Identify school-aged children with disabilities
Diagnose & evaluate needs
Provide special education
Maintain records
Report as required
Make sure teachers / administrators know their responsibilities and provide training when necessary
The department will monitor and enforce compliance at least every 3 years, including:
Investigations
On-site visits
Public hearings
Corrective actions
School committees must allow school aged children to attend public school unless they have written approval from the school department that follows state and federal guidelines.
If a child must be removed from school to protect their safety / safety of others, the child must be provided an alternative form of education (see Section 10 below).
Evaluation
Children cannot be placed in special education without being evaluated first, with parental consent. Families can request professional observation a child's current and suggested programs (academic and non-academic).
Schools must notify families when a child is referred to special education:
Must happen within 5 days
Must be in writing
In the family's home language
The notice must include:
Evaluation procedure
Child's right to independent evaluation at approved clinics/facilities
Family's right to appeal
Schools can't refer children only because they're at risk of not moving up to the next grade, or only because they failed MCAS (see Section 1, Chapter 69)
Within 30 days of notifying the family, the school will provide an evaluation. Families will be consulted about who does the evaluation and what it covers. The evaluation will include:
Assessment of child's current education status
Assessment of the child's classroom teacher
Medical assessment by a doctor
Assessment by a psychologist
Assessment by nurse, social worker, guidance counselor of home situation
Assessment by specialists to help with diagnosis (neurologist, audiologist, ophthalmologist, speech specialist, etc.)
If the child has a disability that affects social skills or is vulnerable to bullying because of the disability, the IEP will address skills needed to avoid bullying.
If the child is blind, the evaluation will say if Braille is recommended (this part of the law says to decide if Braille is appropriate).
If the child has an autism spectrum disability, the IEP team will look at the following:
Verbal/nonverbal communication needs
Need to develop social skills
Skills to avoid bullying
Needs related to sensory experiences
Needs related to changes in environment / daily routines
Needs related to repetitive activities / stereotyped movements
Need for positive behavioral interventions
Social/emotional development
A child's IEP must include:
A statement of measurable annual goals (academic & functional)
Description of benchmarks or short term objectives
The special education recommendation must include a plan to measure if the program is working, and if the child should return to regular classes.
When the evaluation is complete, families may have the child independently evaluated at approved locations. The school will pay for this.
After reviewing the evaluation, families can:
Fully accept the plan
Partially accept, partially reject the plan
Fully reject the plan
Families have the right to request mediation to resolve disputes.
Children will be re-evaluated at least once a year.
Parent Advisory Councils
Each school district is required to set up a Parent Advisory Council on Special Education.
Membership in the group is open to anyone
Section 3A: Administrator of special education; duties; joint appointment
This law says that districts need someone to be in charge of special education in every community.
Section 4: Agreements between school committees or with public or private schools
Schools in different districts can collaborate to provide special education in certain circumstances, with parental consent.
Section 5: Costs or obligations; payment; budget
This law defines who needs to pay for what in special education programs.
Schools have to pay for: special education staff, materials and equipment, tuition, room and board, transportation, rent and consultant services.
Schools do not have to pay for: health care goods/services if these would normally be paid for by another group.
Section 5A: Special education reimbursement program
This law is mostly for school districts, not families. It describes the special education reimbursement program, and says how schools get paid back for expenses related to special education students going to school in another district.
Section 5B: Pooled risk program for extraordinary and unanticipated special education costs
This law is mostly for school districts, not families.
It says that districts can join a "pooled risk program" in case they have unexpected special education costs.
Districts can choose to pay into a shared pool of money (based on the number of students they have) that is managed by the state. If they have a big unexpected cost one year, they can request additional funding from this shared pool.
Section 5C: Zero interest loan program for extraordinary and unanticipated special educations costs
This law is mostly for school districts, not families.
Districts are allowed to apply for zero-interest loans from the state if they have unexpected special education costs in a given year.
Section 6: Assignment of children to classes; annual report; equal educational opportunities; prima facie denial; hearings; injunctive or other relief
School districts must report some facts about special education students to DESE once a year.
Sex
National origin
Economic status
Race
Religion
Age level
If there are any patterns in special education students that are majorly different from all students in the district, the district has to investigate why this is.
Section 7: Tests for selection of children for referral, diagnosis, or evaluation
A standardized test can't be the only factor in selecting a child for referral, diagnosis, or evaluation.
Section 8: Transportation to and from school; reimbursement to parents
Students with disabilities are entitled to transportation to/from school, including weekends.
The town where the student lives is responsible for providing transportation.
School districts may reimburse parents for transportation costs in situations where a student goes to school in a different town, and their parents/guardians choose to bring the child to/from school themselves.
Families are not required to provide transportation but may choose to participate if this program exists in their town.
Section 9: Department to define circumstances requiring special education programs and to provide standards
It's DESE's responsibility to define when school committees are required to provide special education for students with disabilities.
DESE must define:
Class size
Curriculum
Personnel
Other aspects of special education
Section 9A: Workshop curriculum; parent advisory committee
DESE will provide school districts with curriculum for a workshop on the legal rights of students, parents, guardians under the special ed laws in MA and the federal government.
These workshops are required by MA state law Section 1C
DESE will establish a Parent Advisory Committee to help design the workshop.
Section 10: Referral of children to institutions within or without the commonwealth on annual renewal basis upon request; requisites; expenses and cost
Referring students with disabilities to other schools
Once a year, DESE may refer children requiring special education to any school in Massachusetts that offers curriculum, instruction, and facilities appropriate to the child's needs (in or out of district).
At the new school, the curriculum must be equivalent to curriculum offered to other students of the same age / ability in other public schools.
DESE will give first preference to programs within the child's school district. If no program is available, second preference is to programs in Massachusetts. Placement in another state only happens when no public or private school can provide the services in the IEP.
No child in an out-of-state placement will be required to transfer into Massachusetts unless the transfer is following the IEP.
Before acting on a transfer request, DESE will:
Determine the nature and extent of the child's disability
Require the local school committee to submit a plan to set up an adequate facility in their town
Determine if the facilities are already available, or when they will be ready
Until the facilities are ready, the child will be placed in the most appropriate program available.
Covering costs
The cost of instruction and support, including travel, will be paid for by the state, school department, and town. Parents may be asked to pay for support and care within reason, but will never have to pay for educational services.
Read more: MA Education Laws & Regulations 603 CMR 28.00
Section 11A: Incarcerated children with a disability; special education
Children with disabilities incarcerated in county houses of correction are entitled to special education
Section 12: School departments; establishment; administration; staff; operation; expenditures; costs of education
This law is about organization and administration of school departments within state government.
There needs to be a department for school-aged children within each of these departments:
Mental Health
Developmental Services
Public Health
Youth Services
The directors and staff of these departments are employees of DESE, who pays for the programs.
The per-person cost of education under these departments must the greater than or equal to the average cost for special education programs in the state (minus transportation). These figures are provided annually by DESE.
Need help on this last paragraph
If a child is attending school under any of the departments listed above, the town where the child would normally attend school will pay the state the cost for the education of the child per Section 10. The cost must be greater than or equal to the average cost per student for students of the same age / town. The money will be deducted from the annual amount given to the town per Chapter 59, Section 20
Section 12A: Definitions application to Secs 12A, 12B, 12C
These definitions apply to sections Section 12B and 12C
Disabled person: a person who is unable to engage in substantial gainful activity because of medical, physical, or mental impairment, which either lasts 12+ months or is expected to result in death. The impairment must be serious enough the person can't work (if relevant) and considering their age, education, and work experience, cannot engage in substantial gainful activity.
Education Priority: the school committee or other education provider responsible for the provision of special education pursuant to the provisions of this chapter.
Habilitative services: services that reduce limitations on major life activities of a disabled person. Includes, diagnosis, evaluation, treatment, personal care, daycare, respite care, home care, residential care, group care in a community residence, special living arrangements, training, education, sheltered employment, supported work, recreation, counseling, protective and social services, legal services, information and referral services, and transportation services.
Major life activity: self-care, including personal hygiene, dressing and eating; communication and language skills, including reception and expression; learning; mobility; capacity for independent living; and economic self-sufficiency.
Substantial gainful activity: the performance of a task for at least twenty hours per week for which a disabled person receives payment either in money or in-kind. The activity can't include sheltered workshops, supported work, occupational therapy or any other work activity supported by the federal, state, or local governments for the purpose of assisting such disabled person to participate in such activity.
Transitional plan: a plan to set up habilitative services for disabled person special education program has ended / will end because the person graduates from high school or turns 22.
Section 12B: Bureau of transitional planning; transitional advisory committee; establishment
Massachusetts Chapter 688 of the Acts of 1983, also known as the “turning 22” law, provides a planning process for young adults with severe disabilities as they leave special education and transition into the adult service system.
Section 12B establishes the Bureau of Transitional Planning within the Executive office of Human Services to help with this transition.
Section 12C: Continuing habilitative services; eligibility; transitional plan; rules and regulations
A disabled person who has been receiving special education is eligible for habilitative services upon graduation from high school or when they turn 22, whichever happens first.
At least 2 years before graduating / turning 22, the school will determine if the student needs continuing habilitative services and notify the Bureau of Transitional Planning. Within 30 days of receiving notification, the Bureau will prep a case file to determine what services may be necessary to support the student in realizing their potential for self-sufficiency in major life activities.
Disability benefits
If the student is eligible for disability benefits under Title II or Title XVI of the United States Social Security Act, the Bureau will start identifying the agencies who will make a plan for benefits.
If the student has not yet been deemed eligible for disability, the Bureau will refer the student to the Massachusetts Rehabilitation Commission to find out.
If the Rehabilitation Commission determines the person is disabled, the Bureau will make a transition plan to secure benefits.
If they find the person is not disabled, families can appeal by requesting review by the Secretary of Health and Human Services within 60 days.
Making a Transition Plan
Transition plans include:
Habilitative services to assist the person in realizing their potential for self-sufficiency in major life activities
Agencies responsible for providing the services
Location in the least restrictive environment
Each transition plan is submitted for approval no later than 6 months before the disabled person turns 22 / graduates from high school.
The student and parents will be provided with a written copy of the approved transition plan. Any involved agencies will also get a copy. The secretary and director of any involved agencies have 60 days to review the plan; if they don't provide feedback, it is assumed they approve.
After a transitional plan is approved and the student turns 22 / graduates, the services will be provided following the plan.
Section 16: Students with disabilities; participation in high school graduation ceremonies and activities without award of high school diploma
Students with disabilities can participate fully in high school graduation even though they may not get a diploma, if:
The student as at least 95% attendance
The student took Grade 10 MCAS in each subject area and didn't get a passing score 3 times, or participated in MCAS alternate assessment by submitting 2+ portfolios
Student is in good standing
No student has to participate in graduation, and their decision to participate or not has zero impact on their eligibility for special education services.
