MA Regulations

• 603 CMR 18.00: Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs

  Description text goes here

• 603 CMR 28.00: Special Education

  Description text goes here

• 603 CMR 46.00: Prevention of Physical Restraint and Requirements

  Description text goes here

• 114.3 CMR 30.00: EOHHS Team Evaluation Services

  Item description

603 CMR 18.00: Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs

This is the master page for all Special Education regulations. The individual sections are broken out below.

603 CMR 18.01: Authority, Scope, and Purpose

This section says the Massachusetts regulations are in place because of MGL c. 71B, §10. 603 Need to add link to Mass General Laws

The Massachusetts regulations are different from the Massachusetts General Laws because the Regulations clarify and give more details.

603 CMR 18.02: Definitions

This regulation lists out definitions for key terms used in this section:

• Approved private special education school or approved program

• Approved public special education school

• Consent

• Day

• Department

• District or school district

• Eligible student

• Emergency termination

• Individualized Education Program (IEP)

• Parent

603 CMR 18.03: Requirements for Daily Care

This regulation lays out how students in special education need to be cared for on a day-to-day basis. It gives details on:

• Supervising children

• Childcare worker to student ratio

• Childcare worker staff development & training

• Who manages childcare workers

• Student clothing, grooming, hygiene

• Religious services

• Food & nutrition

• Toileting

• Visitors, student mail, phone use

• Runaway students

603 CMR 18.04: Physical Facility and Equipment Requirement

This regulation says that school buildings, furniture, and equipment need to be safe and accessible for students with disabilities.

It goes into detail about:

• Kitchen & dining areas

• Bathrooms

• Living areas

• Classrooms

• Building entrances and access

603 CMR 18.05: Required Policies and Procedures

Admissions
Schools must provide parents a written school copy of school policies before admission. This must include:

• Type of services

• Parents' rights (see Parental Involvement below)

• Student behavior support and discipline

• Name and phone number of staff person parents can contact

• Process for parents to make complaints

Interview

• A school leader must be available for an interview with parents before students enroll.

• Opportunity for students and parents to see the facilities, meet staff and students

• Learn about policies for student rights

Placement Preparation for Residential Students

• Staff must prep for all incoming students

• At least one staff member will help orient a newly admitted student

Parent Involvement

• The school must have a written plan for parents and have a Parent Advisory Group to advise on education, health, and safety of students

• Schools must have a plan for informing parent of any changes in the student’s legal status

Behavior Support

• Each school needs a written set of rules and policies for student behavior management

• Says how staff can and cannot address unacceptable student behavior

• Students must follow these rules, which will be provided to students and families pre-admission, and parents will be informed of any changes

• No student will face abuse, or physical / emotional punishment (no hitting)

• Physical restraint: see 603 CMR 46.00 and 102 CMR 3.00

Suspension:

• Schools need a written suspension policy

• If a student is suspended, the school will notify guardians

• Within 1 day, the school will send a written statement explaining the suspension

• A student cannot be suspended and sent home unless an adult is available

• If a student is suspended for 3 back-to-back school days or 5 school days total, the school and family will make a plan to prevent future suspensions

Termination (removing a student permanently from the school)

• The school will notify the district for an IEP review meeting and give 10 days notice

• The purpose of the meeting is to plan and develop a written termination plan for the student

• The plan will describe the student's next steps after leaving the school, including transitional services

• The school will explain the plan to parents and the student

• The plan will be implemented no less than 30 days from the meeting unless everyone agrees on a sooner date

• Note: emergency terminations may happen if the student is a danger to themself / other people

Research, Experimentation. Fund Raising, Publicity and Observation

• If a school wants to use a student's name or image (photo or video), they need written consent from parents

Health and Medical Services

• Each school needs a written plan for nursing and medical care for students

• Schools need a licensed physician available, as well as a registered nurse

• Schools need a written health care policy and procedures manual

• Schools need a written policy for emergency first aid (training, supplies, procedures, contact info)

• Schools need written policies for preventative care and giving medication to students

• Unless there is an emergency or epidemic of disease, the school cannot require a student to receive medical treatment when the parents object because of a religious belief

• All medicine must be locked up, and there are specific rules about when medicine can be given to students (details on antipsychotic drugs)

Emergency Procedures

• Schools need a written plan for emergencies

• Who does what, how to practice (fire drills), how to include students in drills

Personnel Policies

• This section says schools need detailed plans for staff policies

• Hiring, firing, job descriptions, salary ranges, vacation, etc.

• Parents have the right to request written staff job descriptions

603 CMR 28.00: Special Education

603 CMR 28.02: Definitions

This section defines all the important terms used in this part of the regulations.

Key terms defined in this section (there are many more):

• Consent

• Disability (autism, developmental delay, intellectual impairment, sensory impairment, neurological impairment, emotional impairment, communication impairment, physical impairment, health impairment, specific learning disability)

• Least restrictive environment (LRE)

• Notice

• Special education

603 CMR 28.03: Administration and Personnel

This regulation lays out the responsibilities of the school district in providing special education.

General responsibilities:

• Provide special education according to the law, including training staff and working with parents

• Provide buildings and classrooms to maximize the inclusion of students with disabilities in the life of the school

• Spaces for students with disabilities must be equal in all physical ways to general education spaces

• All students must be able to access the whole school, including areas necessary to implement the IEP

• Schools must provide whatever equipment / accommodations necessary to implement the IEP (for example removing physical communication barriers for students who are deaf or hard of hearing)

Here are some examples of things a school CANNOT do with their special eduction spaces. These things all violate this regulation.

• Put a classroom serving only older students with disabilities in a part of the school building in which all the classrooms are occupied by elementary school students

• Putting up a sign saying "special class" on the front of a special education classroom

• Putting all special education facilities together in one part of a school building

• Moving classrooms of students with disabilities far away apart from the general education program because of financial or construction considerations

Change of residence

• If a student moves to Massachusetts from another state, the school district will provide the student with any special education services comparable to the last IEP until the MA district determines if they will accept the IEP from the former state

Preschool Screening

• Schools will screen 3 and 4 year olds who enter kindergarten to help identify children who should be referred for special education services

• These rights are also available to private school parents

Private schools at private expense

• Parents have full rights to send their children to private school and pay for it themselves

• In situations where public schools provide and pay for special education services for eligible students enrolled in private schools that their parents pay for, the following requirements apply:
  -- Public school districts shall provide genuine opportunities to participate in the public school special education program consistent with state constitutional limitations
  -- School districts shall provide evaluation services and an IEP for any eligible private school student whose parent lives in the school district
  -- School districts shall provided special education described by the IEP, as long as the services are provided in a public school building or other neutral site (not at the private school); only federal funding (not state funding) can be used on private school grounds

• Special education provided by school districts to private schools must be the same in terms of quality, scope, and opportunity as what's offered to public school students with the same needs

Responsibilities of the School Principal

1. The principal is responsible for meeting the educational needs of all students. If a student is referred for a special education evaluation, the principal must provide documentation on instructional support services for the student as part of the evaluation information reviewed by the Team when determining eligibility

2. The principal is responsible for supervising special education in every building (with help from administrators)

3. If a physician provides a written order that a student must stay at home or in the hospital for 14+ days, the principal will arrange education at home / in the hospital (this is not considered special education unless the child has an IEP)

Waivers

• A school can submit a proposal for meeting requirements in a different way, and DESE can approve this if it shows it's better than the methods outlined in this regulation

• No proposal can be implemented until it is approved by DESE

DESE can withhold funding for special education from cities, towns, districts, or private schools if they don’t follow special education regulations or carry out plans for compliance

603 CMR 28.04: Referral and Evaluation

This regulation is about the referral and evaluation process for special education.

For more information on the referral and evaluation process, CLICK HERE link to IEP section

Referral for Initial Evaluation:

• Who can refer a student for evaluation? Parent, caregiver, or school professional concerned with the student’s development

• The school district must notify parents in writing within 5 school days of getting the referral

• The notice must ask for parent consent to do the evaluation and give parents the chance to express concerns or provide info on the student's skills / abilities

• Parents have the right to speak with the school's special education administrator to ask about the reasons for the referral, the content of the evaluation, and who is doing the evaluating

Initial Evaluation

• The district will arrange to evaluate the student within 30 school days of getting parent consent

Required assessments - these MUST happen

1. Assessment in all areas related to the suspected disability

2. Educational assessment by a representative of the district:

• History of the child's progress in general education curriculum provided by a teacher with current knowledge of the student

• Student attention, participation, communication skills, memory, social skills

• Description of child's educational and developmental potential

• For 3-year-olds, it's recommended to observe the child in their natural environment

• For children getting early intervention, schools should use the early intervention teams to gather info

Optional assessments - these are OPTIONAL and parents have a right to request these assessments

• Health assessment by a physician

• Psychological assessment

• Home assessment

Reports of assessment results

• Anyone who does an assessment must provide a written summary of what they did, the results, and their understanding of the child's needs

• These must be done before the IEP team meets

• Parents have the right to view these AT LEAST 2 DAYS IN ADVANCE of the team discussion

Annual reviews and three year reevaluations

• Districts will review the IEPs and progress of the student AT LEAST once a year

• A full re-evaluation every 3 years is required

Unscheduled evaluations for medical reasons

• If a student is probably going to be at home / hospital for medical reasons more than 60 school days in any school year, the Special Education Administrator will convene a team together to amend the existing IEP or develop a new IEP

603 CMR 28.05: Team Process and Development of the IEP

Convening the team
Within 45 work days after parent consent for evaluation, school districts will:

• Provide an evaluation

• Convene a team meeting to review the evaluation

• Determine if the student needs special education

• (If yes) Develop an IEP

• Provide parents 2 copies of the proposed IEP and proposed placement

• If student isn't eligible, send a written explanation of why
  Other key dates:

• Evaluation assessments must be completed within 30 working school days of the parent consent for evaluation.

• Assessment summaries must be available to parents at least 2 days before the meeting

• If consent for evaluation happens 30-45 days before the end of the school year, the school district will plan such that the IEP proposal happens no later than 14 days after the end of the school year

Determinations of the team (These are the possible outcomes from the team meeting):

1. Student has 1 or more disabilities and is eligible for special education services -- this kicks off the development of the IEP

2. A student is not eligible for services -- parents are provided written notice of their rights

3. The evaluation information is inconclusive: if there isn't enough evaluation information for the team to make a decision, they can extend the evaluation period with parental consent.
   -- Note: this can't be used to "buy time" to do required assessments [ADD LINK 603 CMR 28.04(2)(a)]
   -- The extension can't be longer than 8 school weeks

Developing the IEP

• If a parent disagrees with the evaluation, they can seek independent evaluation. In this case the IEP process may be fully / partially delayed.

• If the team writes a partial IEP, a parent can consent to part of it before the whole thing is complete. These parts would be implemented immediately.

• There is a standard DESE format for IEPs.

Contents of the IEP
The IEP describes special education & related services the student requires and is entitled to.

• Specially designed instruction or related services to help the student access the general curriculum

• The team will look at the general curriculum and include specific instruction / services to help the student progress

• For students approaching graduation / age 22: The team will determine if the student is going to require continuing services

• The student's school day must be equal to a regular school day, unless the team agrees a different duration is necessary. In this case, they'd agree on a different length and say why in the IEP.
  -- The team may decide an extended school year is necessary
  -- The team may decide residential services are required, and would clearly state why in the IEP

Transportation
The team will decide if the student needs transportation because of their disability to benefit from special education.

• Regular transportation: If the student doesn't need transportation due to their disability, transportation will be provided in the same manner as students without disabilities.
  -- The IEP will say the student receives regular transportation like other students without disabilities

• Special transportation: If the student needs specialized transportation due to their disability, this will go on the IEP and would be considered a "related service"
  -- The team determines modifications, special equipment, assistance, need for attendant/monitor, and special precautions. This is all documented in the IEP. *If the district can't provide this on existing vehicles, the district will make special arrangements
  --- This regulation spells out details for students who use wheelchairs, require assistance getting in/out of vehicles, or have particular challenges (seizures, motion sickness, etc.)

• If special transportation is noted on the student's IEP, the student is entitled to receive transportation services to any program provided by the public school and in which the student participates.

Determination of placement

• At the team meeting, after the IEP is fully developed, the team will decide the appropriate placement to deliver services on the IEP

• Unless the student's IEP requires something else, the student will be educated in the school that they would attend if the student did not require special education

• Even if a placement isn't identified, the proposal must still be provided to parents after the team meeting (it can't be delayed)

Parent response to IEP and placement proposal

• Immediately after the IEP development, and within 45 school days after the parent's written consent for evaluation, the district will provide 2 written copies of the proposed IEP and the proposed placement

• Within 30 days of receiving proposal, parents must:
  -- Fully accept, fully reject, or partially accept / reject the IEP and the placement
  -- If rejecting (or have more questions), parents can request a meeting to discuss the rejected parts and the IEP in general

• As soon as parents accept some / all of the IEP, the district must start implementing those parts immediately
  -- They will wait on any pieces the parents reject
  *Note: parents do not need to accept or sign ANYTHING in the IEP meeting. You have 30 days to review and accept / reject any part of it.

603 CMR 28.06: Placement and Service Options

603 CMR 28.07: Parent Involvement

Each district will get informed parental consent. Before an initial evaluation, or placement in a special education program they will obtain written parental consent, and a parent can revoke at any time. Parents can also observe any program proposed for their child, and a parent can discontinue special education and related services by notifying the school in writing. The school cannot challenge the parent’s decision, but they can meet to discuss this. If the district cannot obtain consent from the parent or the parents revokes consent, the district can consider with the parent whether this will result in the denial of a free, appropriate public education. The district will make and document efforts to contact the parent. The district will make sure that its efforts to invoke and communicate with the parent and gain consent meet a reasonable standard measured by federal law.

Parent right to waive assessments: any assessment can be waived with the approval of the parents IF an equal assessment has been completed and give accurate results

Reports to parents: written progress reports will be given to parents as often as report cards

Parent advisory participation: each district will create an advisory council offering membership to all parents of eligible students. They will receive assistance from the district and establish their own by-laws and operation procedures

Student participation and consent at the age of majority: when the student turns 18, they have the right to make all decisions in relation to the special education programs they receive. The parents will continue to receive written notices and information but do not have decision making authority. If the parent has received guardianship from court, then the parents retain full decision-making authority. The student can choose to share decision-making with his or her parent, and can delegate continued decision making to their parent

When a parent provides transportation: if a parent provides transportation to an eligible student requiring special transportation, the district will reimburse them the rate per mile for state employee.

Educational surrogate parent- district responsibility: if a student doesn’t have parental representation and requires one to be appointed, DESE can request assistance from the district to identify someone willing to serve as an educational surrogate parent. Upon assignment, that person will have all the rights and responsibilities of a parent in making decisions for special education for the assigned student. They will have no conflict of interest and will not receive financial renumeration from the district (but can be reimbursed for reasonable expenses)

Communications with parents and students: each district will make sure all communications are simple and commonly understood, in English and the primary language of the home, and will be made orally in English or with an interpreter when the communication is unable to be read

603 CMR 28.08: Continuum of Options for Dispute Resolution

Districts are encouraged to make problem resolution procedures that allow parents to show concern to a district representative and receive an answer about it.

Department Procedures: DESE has a Problem Resolution System that deals with investigating complaints and enforcement of compliance. DESE can make findings on procedural and implementation issues.

Bureau of Special Education Appeals— Jurisdiction: the Bureau of Special Education Appeals will conduct mediations and hearing to resolve disagreements between parents and schools/districts. The hearing officer can determine regulations and policies of the respective agencies, that additional services can be provided by other departments. The hearings will be conducted by impartial mediators. A parent or school district can request mediation at any time on any matter or on denial of the free appropriate public education guaranteed by the Rehabilitation Act. (NEED HELP ON THIS ONE)

Mediation: mediation, which is voluntary dispute resolution, will be provided by mediators and used by parents and districts to see resolution of their dispute. Mediation will be provided at no cost, and parents are not required to participate. The mediator will schedule a session at a time and place convenient, and will include parents, parent representatives, and representative of the school district. Any agreement will be set forth in written form. A hearing can also be requested. All discussions in mediation can not be used as evidence in a hearing

Hearings: the Bureau of Special Education Appeals will notify the parties in writing the name of the hearing officer and a date for the hearing. The Bureau will issue Rules regarding rights and obligations, and will follow formal rules in 801 CMR. The Appeals hearing officer has the power to conduct a fair hearing, ensure the rights of all people are protected, define issues, receive and consider evidence, order additional evaluations to determine appropriate special education for the student, to reconvene the hearing at any time, ensure a record is made of the proceedings, and to reach a fair, independent and impartial decision

Hearing Decision: the decision of the hearing officer will be implemented immediately and cannot be reconsidered unless appealed to a higher court. The written findings will. Be sent to each party and representative. Iff a party feels that the decision is not being implemented, they may file a motion saying this. The hearing officer then may convene a hearing to talk about this. If non-compliance of this finding is determined, the hearing officer may fashion appropriate relief.

Student’s right to IEP services and placement: during any dispute regarding placement or services, eligible student will remain in their current education program unless parents and school district agree otherwise.

603 CMR 28.09: Approval of Public or Private Day and Residential Special Education School Programs

Approval from the Department: DESE may grant approval to ensure special education programs is available to MA students w disabilities. Upon receipt of approval, special education schools are eligible to enroll publicly funded MA eligible students. Limited approval is available for out of state programs.

Eligibility: any individual, non-profit, or corporation or public educational collaborate/school district can file an application to establish and/or operate a special education school. DESE will require justification of the need for it and can establish standards for approval eligibility.

Department review and approval: DESE will review each application submitted. DESE can schedule site visits, interviews, or other inspection of the proposed program. DESE can deny approval, grant temporary, provisional or full approval, or grant probationary approval. DESE will forward temporary approval with a description of program elements to the state agency. If provisional approval is granted, DESE will indicate conditions that will be mt and establish a time limit that the program will meet those conditions.

Probationary approval: the Department may place the special education program on probationary status if it learns the conditions t that school compromise the program’s ability to provide a safe, healthy and appropriate educational environment. DESE will provide written notice of the probationary status, the circumstances that caused this to occur, and the actions needed to correct the problem

Disclosure of Information: a special education school will make information on programs, certification, and individual student records available to DESE. They will also have safety inspection information about all buildings and other necessary reports. Before any change in program or to the physical building will mean the school will give written notice about the intent to change to DESE

Public information and postings: each approved special education school will provide the following for public review: program information, documentation of current approval and licensing status, all required policies and procedures, and first aid, medical and emergency procedures

Educational staffing requirements: Special education school programs will meet requirements of 603 CMR 18.00 related to staffing, staff training and personnel policies. One or more staff members will be made the educational administrator for the special education program. These staff members must be certified and have experience in administration. They will supervise the provision of special education services and make sure services in each student’s IEP are delivered. Teaching staff will have licenses needed to meet needs of students and follow requirements in current regulations. At least half of teaching staff will be licensed in special education areas appropriate to the population served at the school, but DESE may require a higher proportion if needed. There are limits for student/teacher ratios and DESE may impose more limits if the student group needs more specialized services. Each school will have a written plan for staff orientation

Educational facilities and materials: special education schools will provide supplies, facilities and materials needed to provide services in each IEP

Educational program requirements: all special education schools will meet or exceed learning time requirements for public school students. Schools must run a minimum of 180 school days for 10 month programs, 187 school days for 11 month program, and 216 days for 12 month programs. Each school will ensure staff have an understand of curriculum expectations and learning standards. Schools will make sure there are flexible procedures that give students the opportunity to have the ability to return to a less restrictive educational program. Additionally, all approved schools will have written procedures about how schools will ensure enrolled students also take state assessment programs in accordance with their IEP

Student records: approved schools will keep current and complete files for each student and manage files consistent with 603 CMR 23.00

Policies and procedures: special education schools will keep a policies and procedures manual that is given to all students and parents.

Student protections: students will have protections and standards from 603 CMR 18.00. Special education schools observe immediate notification and reporting of any serious incident to parents, and special education schools will not terminate any student until the district is informed and assumes responsibility for the student. At the request of the district, the special education school will delay any termination to have the opportunity to convene an emergency team meeting or other planning discussions.

603 CMR 28.10: School District Responsibility

General provisions: school districts will be fully responsible for students based on residency and enrollment

Responsibility based on student residence: school district that the student resides in will have responsibility for the student in circumstances where student lives w/ their parent or guardian. If the student lives with both of their parents who live in two separate towns, the school district the student is enrolled in is responsible for fulfilling requirements. If student requires an out-of-district placement, and parents live in two different towns, both school districts the parents reside in will be equally responsible

School district responsibility based on residence of parent(s) or legal guardian(s): school district where parent(s) or legal guardian resides shall have responsibility of student if student is in a pediatric nursing home, the student receives special education services at a special education residential school, or when a student receives services in a facility operated with the Department of Mental Health, Dept of Public Health, Dept of Youth Services, or the Dept of Correction

Shared school responsibility: the school district where the parent or legal guardian lives will have financial responsibility and the school district where the student lives will have programmatic responsibility for a student when the student in living in a relative’s home, or living in a residence, crisis or facility funded by a state agency

Responsibility for Homeless Students and in Foster Care: The McKinney-Vento Homeless Assistance Act provides educational rights for homeless students and parents. Homeless students are able to go to their original school or attend the school they live in. The district the student went to before becoming homeless will be responsible for the student. When a student is enrolled in the district where they currently live, then that district will be responsible for the student and providing services. Students who are in foster care will not have limited educational rights.

Program schools: a program school will have responsibility for enrolled students. For charter, virtual, vocational, or Metco schools, when the team determines an out-of-district placement, the team will conclude the meeting without identifying a specific placement type. They will schedule another meeting for determine a placement, and will first consider if the district that the student resides in has an in district program. If they find the student requires an out of district program, the placement proposed will be an out of day school. Responsibility of the student will return to where the student lives, and that district will implement the placement determined by the team.

Temporary assignments: DESE has the right to assign temporary responsibility when the student isn’t receiving services. This will be made based on available info. The temporary district will have all the rights and responsibilities assigned to them.

Department Assignment of School District Responsibility: DESE may assign a district to be responsible for a student that is in state care and have no parent guardian in MA, residence is in dispute, has a guardian with limited basis, is not receiving services or hasn’t been determined to be eligible, or is in care of state and is hospitalized. DESE will use the following criteria to assign a city, town or district responsibility for a student in a living situation desired in 603 CMR 28.10 (LINK HERE). From this criteria, DESE will notify the assigned school districts of its decision, and the districts will immediately resume responsibility.

Appeal of Assignment of School District responsibility: The assigned district can appeal this assignment. They have 60 days to appeal, and the request must meet certain standards. A party can request a decision without a hearing of all parties, and the Bureau of Special Education Appeals will make a decision within 45 days of the hearing request. The Bureau may return this to DESE based on new information presented at the hearing, and the decision will be limited to determine the assigned school district and the starting date.

603 CMR 46.00: Prevention of Physical Restraint and Requirements

If used, PowerPoint explanation for parents located here.

603 CMR 46.02: Definitions

1. Commissioner: commissioner of DESE

2. Consent: agreement between school and a parent. Parent has been made known of all information about child’s disability in his/her native language or other mode of communication. The parent understands and agrees in writing to the carrying out of the activity, and understands that the granting of consent agreement is voluntary and may be revoked at any time. The agreement describes the activity and lists the records (if any) which will be released and to whom.

3. Department: DESE

4. Mechanical restraint: use of a physical device or equipment to restrict student’s movement. For example this could be mechanical supports used to achieve proper body position, balance, or alignment.

5. Parent: a student's father, mother, or legal guardian or person or agency legally authorized to act on behalf of the student

6. Physical escort: a temporary touching or holding without force, in order to help a student who is agitated to walk to a safe location

7. Principal: leader or headmaster of a school

8. Prone restraint: a physical restraint where the student is placed face down on the floor or surface, and pressure if applied to keep the student in a face-down position

9. Public education programs: public schools approved as special education programs

10. School working day: a day where the student is in attendance for instructional purposes

11. Seclusion: involuntary confinement of a student in a room and is prevented from leaving. This does not include time-out

12. Time-out: a support strategy where the student temporarily separates from the activity or classroom to calm down. A student must be continuously observed by a staff member. Once a student calm downs, time out ends

603 CMR 46.03: Use of Restraint

Prohibition:
1. Mechanical and medication restraint, and seclusion, isn’t allowed
2. Prone restraint isn’t allowed except on an individual student basis
3. Physical restraint is an emergency procedure, and isn’t allowed unless a student’s behavior poses a threat of assault, or physical harm to self or others
4. This is in compliance with 604 CMR 46.05

Physical restraint will not be used:
1. As discipline or punishment
2. When the student can’t be safely restrained b/c it is medically contraindicated
3. As a response to physical destruction, disruption of school order, or verbal threats when actions don’t show a threat of assault or harm
4. As a standard response for any individual student. NO IEP can include physical restraint as a standard response

Limitations on the Use of Restraint: physical restraint in a public education program is limited to using physical restraint to protect a student or another member of the school community from assault or harm

Referral to law enforcement or other state agencies: nothing in these set of regulations prohibits individuals to report appropriate authorities a crime committed by a student or other person, law enforcement or school security from exercising their responsibilities, or neglecting to report neglect or abuse to the appropriate state agency

603 CMR 46.04: Policies and Procedures; Training

Procedures: programs will make written restraint prevention and behavior support policies in response to student behavior that may need intervention. It will be reviewed annually and provided to the school community.

Each principal or director will make a time and method to provide all special education program staff with training about restraint prevention and behavior support where restraint is used. This will happen in the first month of every school year and within a month of employment for new employees

In-depth staff training in using physical restraint: At the beginning of every school year, the principal or staff designee will identify program staff who are allowed to serve as a school wide resource to ensure proper administration of physical restraint. These staff members will do in-depth training in the use of physical restraint. DESE recommends that this training is competency-based and at least 16 hours in length

The content of in-depth training of proper administration of physical restraint will include: appropriate procedures for preventing the use of physical restraint, specific dangerous behaviors from the student that can lead to the use of physical restraint, simulated experience of administering and receiving physic restraint, instruction regarding documentation and reporting requirements and investigation of injuries, participants showing proficiency in administering physical restraint, and instruction on the impact of physical restraint on the student and family

603 CMR 46.05: Proper Administration of Physical Restraint

Trained personnel: Only program staff who have received training can administer physical restraint on students. Using restraint should be witnessed by at least one adult who doesn’t participate in the restraint.

Use of force: a person administering physical restraint should only use force necessary to protect the student or others from injury or harm

Safest method: the person using physical restraint should use the safest method available and most appropriate. Floor restraints should be prohibited unless the staff has received in-depth training

Duration of restraint: all physical restraint must be terminated once the student is no longer an immediate threat to himself or others, or if the student cannot breathe, or if the student is in severe distress

Safety requirements: there are additional requirements for using physical restraint, including: no restraint should be used that limits a student from breathing or speaking (a staff must continuously monitor this), restraint is administered in a way that prevents or minimizes harm unless the student expresses physical distress, no longer than 20 minutes of restrain (at which time a principal must approve continued restraint), staff will review and consider medical or psychological limitations, and the program will implement follow-up procedures

603 CMR 46.06: Reporting Requirements

Circumstances: program staff will report the use of any physical restraint

Informing the principal: staff who administered restraint will tell the principal as soon as possible and write a report by no later than the next school working day. The principal will keep an on-going record of all reported
instances of physical restraint

Informing parents: the principal will make reasonable efforts to verbally tell the parents of restraint within 24 hours of the event and send a written report within 3 days. Parents and student will have the chance to respond in writing or orally

Contents of report: the report will include:
1. The name of the student, staff and observers; the date and time; and the name of the principal who was informed and who approved any continued restraint. A description of the activity before using restraint, behavior that prompted restraint, efforts to prevent escalation of behavior, and justification for initiating. A description of the restraint, the student’s behavior and reactions during, how restraint ended, and documentation of any injury and any medical care provided. Info regarding further action the school has taken or may taken, and info about opportunities for the parents to discuss with school officials the restraint, any consequences, and other related matters

Individual student review: the principal will conduct a weekly review of restraint data to see students who have been restrained multiple times during the week. If identified, the principal will bring together one or more review teams to assess the student’s progress and needs. If the principal participated in the restraint being discussed, a designated staff person by the superintendent will lead the discussion

Administrative review: the principal will have a monthly review of school restraint data. It will look at patterns of using restraint by similarities by time of day, individuals involved, number of physical restraints school wide and for individual students, duration of restraints, and the type of any injuries. The principal will see whether they need to change the prevention and management policy, conduct additional training, or take other actions

Report all restraint-related injuries to DESE: when restraint resulted in an injury to a student or staff member, program will send a copy of the written report to DESE no later than 3 working days after the restraint. Program will also send DESE a copy of the record of physical restraints for the 30-day period before the day of the reported restraint. DESE will see if additional action is needed, and if so, will notify the program of any required actions

Report all physical restraints to DESE: every program will collect and report data to DESE on the use of physical restraints

114.3 CMR 30.00: EOHHS Team Evaluation Services

114.3 CMR 30.01: General Provisions

These provisions govern the costs for TEAM evaluation services.

114.3 CMR 30 is not a program policy manual.

114.3 CMR 30 doesn't govern rates of payment to hospitals, community health centers and mental health centers for TEAM evaluation services. Mental health center rates are governed by 114.3 CMR 6.00.

114.3 CMR 30.02: Definitions

Assessment: an individual examination of a child's need for special education and treatment services
Medical Assessment: a health assessment by a doctor that finds medical problems that may affect the child's education. The assessment usually includes: medical history, a complete physical exam, visual and hearing tests, diagnostic tests, a dental assessment, and a written assessment report.
Psychological Assessment: an assessment by an authorized psychologist. This includes an individual psychological exam and ends in specific recommendations. It is based on the child's developmental and social history, observation of the child in situations, and psychological testing as needed.
Home Assessment: an assessment by a social worker, nurse, or counselor, taken at home.
Educational Assessment: assessment of the child's educational progress and status when looking at the general education curriculum
Other Assessment: an additional assessment related to the child's suspected need for special education and services

Authorized Professional: an individual who meets the qualifications to perform any of the following services: medical assessment, psychological assessment, home assessment, medical specialist services, restorative, rehabilitation clinic, audiological, and/or educational assessment services.

Comprehensive Pediatric Restorative Evaluation: assessment of a child's medical condition and ability to function by a therapist to figure out the need for treatment and plan

Division: Division of Health Care Finance and Policy

Governmental Unit: Commonwealth, department, agency, board, or Commission of the Commonwealth. This includes public school departments

Individual Consideration (I.C.): rates for services

114.3 CMR 30.03: General Rate Provisions

Specific services performed in a TEAM evaluation meeting are able to be reimbursed.