Code of Massachusetts Regulations
603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
Title 603 CMR 18.00 - Program and safety standards for approved public or private day and residential special education school programs
Section 18.05 - Required Policies and Procedures
Universal Citation: 603 MA Code of Regs 603.18
Current through Register 1531, September 27, 2024
(1) Admissions.
(a) No
school, or program operated by a school, shall enroll eligible students under
the provisions of
603 CMR
28.00: Special Education unless
approved to do so by the Department.
(b) Prior to admission, the school shall
provide to the parents and the local school district a written copy of the
school's policies and procedures, including:
1. The school's statement of
purpose;
2. The type of services
provided;
3. Admission
criteria;
4. Parents' rights as
described in 603 CMR 18.05(4);
5.
Health care, including provisions for emergency health care and/or
hospitalization as described in 603 CMR 18.05(9);
6. Planning for both foreseen and emergency
terminations as described in 603 CMR 18.05(6) and (7);
7. Methods of behavior support, violence
prevention, discipline, management of harmful behavior by a student to himself
or herself or others, and proper use of restraints as described in 603 CMR
18.05(5);
8. Activities related to
daily living skills;
9. Contractual
obligations with regard to payment for services. The school shall inform in
writing any party, other than a local school district, responsible for
placement of a student that said party is financially responsible for any costs
incurred as a result of any placement not made pursuant to the requirements of
603 CMR
28.00: Special Education;
10. Clothing requirements;
11. A description of normal daily
routines;
12. Any specific
treatment strategy employed by the facility;
13. A description of any normally occurring
religious practices;
14. Visiting
hours and other procedures related to communication with students and the
facility as described in 603 CMR 18.036(9);
15. Name and telephone number of a staff
person whom the parents may contact on an ongoing basis;
16. A description of a procedure which the
parents or student may use to register complaints regarding the student's
education and care at the facility.
17. A copy of the approved school
calendar.
(c) No student
shall be placed in any approved special education school until the local school
district or the parent provides documentation from a licensed physician of a
complete physical examination of the student not more than 12 months prior to
the admission. In the event of emergency placements, the school shall make
provisions for a complete examination of the student within 30 days of
admission. The results of all physical examinations shall be made part of the
student's health record.
(2) Admission Interview.
(a) Prior to
admission, and upon request, the director of the school or designee shall be
available to the parents, the student and the public school for an
interview.
(b) The interview shall
include an explanation of the school's purpose and services, policies regarding
parent and student rights including student records, the health program
including the procedures for providing emergency health care, and the procedure
for termination of a student.
(c)
The interview shall allow the opportunity for the student and parents to see
the facilities, to meet staff members, and to meet other students
enrolled.
(3) Placement Preparation for Residential Students.
(a) The school shall establish procedures to
prepare the staff and students in the living unit for the new student's arrival
and shall provide staff with appropriate information to receive the new student
and assist in his/her adjustment.
(b) Upon admission, the school shall
designate and prepare sleeping quarters for the student and space for the
student's personal belongings.
(c)
The school shall assign at least one staff member to help orient a newly
admitted student to the facility and to explain the opportunities and programs
available.
(4) Parental Involvement.
(a) The school shall have a written plan for
involving parents, and shall have a Parents' Advisory Group. The Parents'
Advisory Group shall advise the school on matters that pertain to the
education, health, and safety of the students in the program.
(b) The school shall have a procedure for
assuring that it is informed by a parent or guardian of any changes in a
student's legal status and of the results of all judicial and administrative
proceedings concerning the student, and for disseminating this information to
appropriate personnel.
(5) Behavior Support.
(a) Each school shall
provide a written statement of the rules, policies and procedures for the
behavior support of students. The statement shall contain a description of the
safeguards for the emotional, physical and psychological well-being of the
population served; measures for positive responses to appropriate behavior; and
definition and explanation of behavior management procedures used in the
facility including, where applicable:
1.
Methods of assessing and monitoring students' progress in the
program;
2. The type and range of
restrictions a staff member can impose for behavior which is
unacceptable;
3. The type of
restraint used in an emergency situation of last resort; the array of
interventions used as alternatives to restraint; and the controls on the misuse
and abuse of restraint;
4. The use
of the behavioral support strategy of time-out;
5. Any denial or restrictions of on-grounds
program services.
(b)
Students shall participate in the establishment of such rules, policies and
procedures whenever feasible and appropriate.
(c) Prior to admission, the school shall
provide students and parents with a written copy of its behavior support
policy.
(d) The school shall inform
parents and students of any significant changes in the behavior management
procedures.
(e) No student shall be
subjected to abuse or neglect, cruel, unusual, severe or corporal punishment,
including the following practices:
1. Any
type of physical hitting or pain inflicted in any manner upon the
body;
2. Requiring or forcing the
student to take an uncomfortable position such as squatting or bending or
requiring or forcing the student to repeat physical movements when used as
punishment;
3. Punishments which
subject the student to verbal abuse, ridicule or humiliation;
4. Denial of visitation or communication
privileges with family;
5. Denial
of sufficient sleep;
6. Denial of
shelter, bedding, food or bathroom facilities.
(f) The goal of behavior support shall be to
maximize the growth and development of the student and to protect the group and
the individuals in it.
(g) The
school shall directly relate consequences to the specific misbehavior and shall
apply such consequences without prolonged delay.
(h) Day educational programs approved under
603
CMR 28.09: Approval of Public or
Private Day and Residential Special Education School Programs shall
develop a policy on the use of physical restraint and administer physical
restraint in accordance with the requirements of 603 CMR 46.00:
Physical Restraint. Residential educational programs approved
under
603
CMR 28.09: Approval of Public or
Private Day and Residential Special Education School Programs shall
comply with the requirements contained in 102 CMR 3.00: Standards for
the Licensure or Approval of Residential Programs Serving Children and Teen
Parents except for the school day, during which the requirements of
603 CMR 46.00: Physical Restraint shall apply for students
enrolled in such programs. Educational programs within a program or facility
subject to M.G.L. c. 123 or Department of Mental Health Regulations shall
comply with the restraint requirements of M.G.L. c. 123,
104
CMR 27.12: Prevention of Restraint
and Seclusion and Requirements When Used or
104
CMR 28.05: Physical
Restraint, as applicable.
(i) Any behavior support policy which results
in a student being separated in a room apart from the group or program
activities shall include, but not be limited to, the following:
1. Guidelines for staff in the utilization of
such an area;
2. Persons
responsible for implementing such procedures;
3. The duration of the procedures including
procedures for approval by the chief administrative person or his or her
designee for any period longer than 30 minutes, except that during the school
day in a residential educational program, and in a day educational program
approved under
603
CMR 28.09: Approval of Public or
Private Day and Residential Special Education School Programs, the
duration of the procedures shall be governed by 603 CMR 46.00: Physical
Restraint;
4. Requirement
that students shall be observable at all times and in all parts of the room,
and that the staff shall be in close proximity at all times;
5. A procedure for staff to directly observe
the student at least every 15 minutes;
6. A means of documenting the use of such
area including, at a minimum, length of time, reasons for this intervention,
who approved the procedure, and who directly observed the student at least
every 15 minutes.
a. Time out rooms shall not
be locked.
b. Any room or space
used for the practice of separation must be physically safe and appropriate to
the population served by the facility.
(6) Suspension.
(a) Upon
admission of a student, the school shall provide a written policy on
suspensions to the parents, and the school district or human service agency
that placed the student. Such policy shall conform to the federal requirements
on discipline pursuant to 34 CFR § 300.
(b) Whenever a student is suspended, the
school shall immediately notify the parents or the Department of Social
Services as appropriate, and the public school or human service agency
responsible for the placement. Within 24 hours, the school shall send a written
statement explaining the reasons for suspension to the parents or the
Department of Social Services as appropriate and the public school district and
human service agency responsible for the placement.
(c) No student may be suspended and sent home
unless a responsible adult is available to receive the student.
(d) Once a student has been suspended for
three consecutive school days or five non-consecutive school days in a school
year, the school, parents, and public school district, consistent with federal
requirements, shall explore together all possible program modifications within
the school in an attempt to prevent total suspension of the student from the
program.
(7) Termination.
(a)
Upon admission of a student pursuant to
603 CMR
28.00: Special Education, the school
shall ascertain a school district contact person. The school shall keep such
person informed of the progress of the student and shall notify that person
immediately if termination or discharge of the student is being
discussed.
(b) The school shall, at
the time of admission, make a commitment to the public school district or
appropriate human service agency that it will try every available means to
maintain the student's placement until the local Administrator of Special
Education or officials of the appropriate human service agency have had
sufficient time to search for an alternative placement.
(c)
Planned
Terminations.
1. Except in
emergency cases, the school shall notify the school district of the need for an
IEP review meeting. The school district shall arrange such meeting and provide
to all parties including the parent and if appropriate, the student, notice of
this meeting ten days in advance of the intended date of the meeting. The
meeting shall be held for the purpose of planning and developing a written
termination plan for the student.
2. The plan shall describe the student's
specific program needs, the short and long term educational goals of the
program, and recommendations for follow-up and/or transitional
services.
3. The school shall
thoroughly explain termination procedures to the student, the parents, the
Administrator of Special Education and officials of the appropriate human
service agency.
4. The written
termination plan shall be implemented in no less than 30 days unless all
parties agree to an earlier termination date.
(d) In case of an emergency termination,
which shall be defined as circumstances in which the student presents a clear
and present threat to the health and safety of him/herself or others, the
school shall follow the procedures required under
603
CMR 28.09(12).
(8) Research, Experimentation. Fund Raising, Publicity and Observation.
(a) The school shall not conduct any of the
following without prior written notification to, and the prior written specific
consent of, the affected student's parent. For students in the Department of
Social Services care or custody, an Educational Surrogate Parent shall not have
authority to consent to any of the following. For such students, consent shall
be obtained consistent with the applicable Department of Social Services
requirements. There also shall be consent by the student (if 14 years of age or
older), unless the school has written documentation that the student is not
capable of such a decision. A written copy of the school's notification to
parents and the parent's consent, if granted, shall be sent to the school
district responsible for the student.
1.
Research or experimentation;
2. Use
of the student's or family's name, photographs, or videotapes, for fund
raising, publicity, or any other purposes.
(b) The school shall not allow, without the
written specific consent of the affected student's parents observation of any
student in the school by persons other than parents of current or prospective
students, paid staff of the school, volunteers and student interns working in
the school, authorized staff of the public schools responsible for students in
the school, authorized staff of the Department or authorized state or federal
monitoring personnel. For students in the Department of Social Services care or
custody, an Educational Surrogate Parent shall not have authority to consent to
observations of the student as provided above.
For such students, consent shall be obtained consistent with the applicable Department of Social Services requirements.
(c) The consent required under 603 CMR
18.05(8)(a) is not required for observation or data collection used to evaluate
or document the services provided by the program when such observation or data
collection is conducted by staff from the school, the Department, the public
school, the parents or authorized state or federal monitoring
personnel.
(d) The school shall
develop and maintain a written policy regarding the requirements of 603 CMR
18.05(a), (b) and (c) and shall make this policy available to parents and
public schools.
(9) Health and Medical Services. The school shall provide a narrative description of provision made for medical, nursing and infirmary care of students.
(a) The school shall have a
licensed physician available for consultation.
(b) The school shall have a registered nurse
or a licensed practical nurse available as deemed necessary by the Department
depending upon the health care needs of the school population.
(10) Emergency Procedures. The school shall establish and post a written plan detailing procedures for meeting potential emergencies. The plan shall include procedures for:
(a) The assignment of personnel to
specific tasks and responsibilities in emergency situations;
(b) Instructions for the use of alarm systems
and signals;
(c) Systems for
notification of appropriate persons;
(d) Specification of evacuation routes and
procedures;
(e) The conduct of
emergency drills for staff, at least quarterly and under varied conditions, in
order to:
1. Assure that all personnel on all
shifts are trained to perform assigned tasks;
2. Assure that all personnel on all shifts
are familiar with the use of the firefighting equipment in the facility;
and
3. Evaluate in writing the
effectiveness of emergency plans and procedures.
(f) The conduct of evacuation drills which
include actual evacuation of students to safe areas during at least two drills
each year on each shift. Sufficient drills must be held each year to ensure
that all students are able to evacuate the building safely.
1. The school shall take special care to help
all students to understand the nature of such drills.
2. The school shall make special provisions
for the evacuation of any mobility impaired student in the facility.
3. The school shall keep a written log of
each such evacuation drill, detailing such things as the date, the time
elapsed, the students and staff who participated, and any witnesses.
(g) Provision of a telephone
number for students and staff to call and a system for emergency assistance to
students while they are away from the facility and during the time that the
school is in session. The school also shall be responsible for providing
immediate backup that may be necessary as the result of any
emergency.
(h) Maintenance of an
ongoing safety program which shall include but not be limited to investigation
and recording of all accidents and recommendations for accident prevention. The
school shall send copies of such investigations, records, and recommendations
to the Department.
(i) Water safety
procedures which shall be in accord with the requirements of the local and/or
state health departments and Department requirements for appropriately
certified personnel and which shall provide for:
1. Insuring the students' safety when
participating in recreational and/or therapeutic water activities;
and
2. A system to secure water
recreational areas when not in use and to prevent unauthorized use by
students.
(j) Procedures
for reporting and handling situations involving students who have run
away.
(11) Personnel Policies. The school must provide a detailed description of its personnel policies.
(a) Each school
shall designate one person who shall have administrative responsibility over
the operation of the school. Schools with more than 40 professional certified
staff may have one (or more) assistant administrators provided the Department
approves such positions.
(b) The
administrator or designee shall at all times be on the premises of the school
while the school is in operation. All staff on duty shall know who is
responsible for administration of the school at any given time.
(c) The school shall have available its
written current personnel policies and practices. Such personnel policies shall
include a description of:
1. Criteria and
procedures for hiring, written evaluations, suspension or dismissal of any
staff person, including teacher and staff evaluation forms;
2. The procedures for handling staff
complaints; and
3. Provisions for
vacations, holidays, leaves, sick days, and any other benefits or requirements
maintained by the school.
(d) The school shall have written job
descriptions for all staff positions which shall be made available to staff.
Copies also shall be made available to parents, if requested.
(e) The school shall establish in writing a
salary range including benefits covering all positions and shall inform each
employee of the same for his/her position.
(f) The school shall submit written evidence
that personnel are currently certified, licensed, or registered as required by
applicable laws and regulations for providing services for the special
education of the particular population typically served or to be served by such
school. Such evidence must be submitted annually for all newly hired staff
members.
(g) The school shall
provide orientation for all new staff to ensure an understanding of the
school's philosophy, organization, program, practices and goals. The school
shall describe in writing the school's program for staff orientation.
(h) The school shall describe in writing its
plan for developing and delivering inservice training.
1. Each staff member providing direct
services to students must participate in a minimum of two hours of staff
development each month.
2. The
school shall describe in writing its arrangements with any professional
training program, including a description of student intern responsibilities
and supervision of student interns by the college and the school.
(i) The school shall describe in
writing its plan for using volunteer services. Volunteers shall be chosen for
their ability to meet the needs of the students enrolled and shall be provided
appropriate orientation, training, and supervision.
(j) The school shall describe in writing its
policies and practices regarding equal employment/ educational
opportunities/affirmative action in regard to race, color, creed, national
origin, sex, and handicap.
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