(1)
General Responsibilities of the School District.
(a)
General. Each
school district shall provide or arrange for the provision of special education
and related services for eligible students in accordance with the provisions of
state and federal law and regulation.
1. The
school district shall provide training to all school district staff, including
general and special educators, administrators, and paraprofessionals, on the
requirements of special education.
2. The school district shall provide such
staff training in analyzing and accommodating diverse learning needs of all
students in the general education classroom.
3. The school district shall provide such
staff training in methods of collaboration among teachers, paraprofessionals,
and teacher assistants to accommodate diverse learning needs.
4. The district shall conduct, in cooperation
with the parent advisory council, at least one workshop annually within the
school district on the rights of students and their parents and guardians under
state and federal special education laws.
(b)
Facilities. The
school district shall provide facilities and classrooms for eligible students
to maximize the inclusion of such students into the life of the school.
Facilities and classrooms serving only students with disabilities shall be at
least equal in all physical respects to the average standards of general
education facilities and classrooms. Resource rooms and separate classrooms for
students with disabilities shall be given the same priority as general
education programs for access to and use of instructional and other space in
public schools in order to minimize the separation or stigmatization of
eligible students.
1. All eligible students
shall have access to school facilities including, but not limited to, those
areas necessary to implement the student's IEP.
2. School districts shall provide whatever
equipment and make whatever physical adaptations are necessary to comply with
603 CMR 28.03(1)(b), including acoustical and lighting treatments to remove
physical communication barriers for students who are deaf or hard of
hearing.
3. The Department may make
unannounced inspections of facilities.
4. The following examples illustrate aspects
of this requirement and shall not be construed as limiting or defining its
scope:
a. Placing 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 would violate the
requirements of 603 CMR 28.03(1)(b).
b. Placing a sign saying "special class" on
the front of a substantially separate classroom would violate the requirements
of 603 CMR 28.03(1)(b).
c. Placing
all special education facilities together in one part of a school building
would violate the requirements of 603 CMR 28.03(1)(b).
d. Moving classrooms of students with
disabilities to locations apart from the general education program because of
financial or construction considerations violates the requirements of 603 CMR
28.03(1)(b).
(c)
Change of
Residence.
1. When an eligible
student or student's family changes residence from one Massachusetts school
district to another, the last IEP written by the former school district and
accepted by the parent shall be provided in a comparable setting without delay
until a new IEP is developed and accepted.
2. If a student found eligible in another
state moves to Massachusetts, the new Massachusetts district of residence shall
provide the student with a free appropriate public education, including special
education services comparable to those in the IEP from the former state, in
consultation with the parents, until the Massachusetts district determines if
it will accept the finding of eligibility and/or the current IEP developed for
the student in the former state of residence. If the Massachusetts district
determines that the finding of eligibility and the IEP developed for the
student continues to accurately represent the needs of the student, then the
Massachusetts district shall continue to implement the IEP. If the
Massachusetts district determines that a new evaluation is necessary to
determine continued eligibility or services, or a parent or another person
concerned with the child's development requests an evaluation, the district
shall immediately provide written notice to the parents as required under
603 CMR
28.04(1).
(d)
Preschool
Screening. Each school district shall conduct screening for three
and four year olds and for all children who are of age to enter kindergarten.
Such screening shall be designed to review a child's development and to assist
in identification of those children who should be referred for an evaluation to
determine eligibility for special education services.
1. The school district shall submit
information to the Department describing the screening program and its elements
as part of the local special education plan, when so requested.
2. Participation in the screening program for
three and four year olds shall be optional on the part of the
parents.
(e)
Private Schools at Private Expense. Nothing in
603 CMR
28.00 shall be construed to limit the rights of
parents to have their children educated at private schools, completely at
private expense. To the extent that public school districts provide and pay for
special education services for eligible students enrolled in private schools at
private expense, the following requirements shall apply:
1. Each school district shall provide special
education designed to meet the needs of eligible students who are attending
private schools at private expense and whose parents reside in the jurisdiction
of the school district. The school district shall provide to such students
genuine opportunities to participate in the public school special education
program consistent with state constitutional limitations.
2. The school district shall provide or
arrange for the provision of evaluation services and an IEP for any eligible
private school student whose parent resides in the jurisdiction of the school
district. The evaluation may take place in the public school, the private
school, or an appropriate contracted facility, provided that the school
district shall ensure that a representative of the student's private school is
invited to participate as a member of the Team pursuant to
603 CMR
28.05.
3. The school district shall provide or
arrange for the provision of the special education described by the student's
IEP provided that school districts shall ensure that special education services
funded with state or local funds are provided in a public school facility or
other public or neutral site. When services are provided using only federal
funds, services may be provided on private school grounds.
4. Special education provided by the school
district to a private school student shall be comparable in quality, scope, and
opportunity for participation to that provided to public school students with
needs of equal importance. Programs in which both public and private school
students participate may not include classes that are separated on the basis of
school enrollment or the religious affiliation of the students.
(f)
Early Literacy
Screening. Effective July 1, 2023, each school district shall at
least twice per year assess each student's reading ability and progress in
literacy skills, from kindergarten through at least third grade, using a valid,
developmentally appropriate screening instrument approved by the Department.
Consistent with M.G.L. c. 71B, § 2 and the Department's dyslexia and
literacy guidelines, if such screenings determine that a student is
significantly below relevant benchmarks for age-typical development in specific
literacy skills, the school shall determine which actions within the general
education program will meet the student's needs, including differentiated or
supplementary evidence-based reading instruction and ongoing monitoring of
progress. Within 30 school days of a screening result that is significantly
below the relevant benchmarks, the school shall inform the student's parent or
guardian of the screening results and the school's response and shall offer
them the opportunity for a follow-up discussion.
(2)
Administrator of Special
Education. Each school district shall appoint a person to be its
Administrator of Special Education. The Administrator shall supervise all
special education for the school district and shall ensure compliance with all
federal and state special education laws. As appropriate, and in accordance
with the requirements of M.G.L. c. 71B, § 3A, the Administrator may
designate other school district personnel to carry out some of the duties of
the Administrator.
(3)
Responsibilities of the School Principal.
(a)
Instructional
Support. The principal shall implement the plan developed and
adopted by the district to ensure that efforts have been made or will be made
to meet the needs of diverse learners in the general education program. As part
of his/her responsibilities, the principal shall promote instructional
practices responsive to student needs and shall ensure that adequate
instructional support is available for students and teachers. Instructional
support shall include remedial instruction for students, consultative services
for teachers, availability of reading instruction at the elementary level,
appropriate services for linguistic minority students, and other services
consistent with effective educational practices and the requirements of M.G.L.
c. 71B, § 2. The principal may consult with the Administrator of Special
Education regarding accommodations and interventions for students. Such efforts
and their results shall be documented and placed in the student record.
Additionally, if an individual student is referred for an evaluation to
determine eligibility for special education, the principal shall ensure that
documentation on the use of instructional support services for the student is
provided as part of the evaluation information reviewed by the Team when
determining eligibility.
(b)
Coordination with Special Education. The principal
with the assistance of the Administrator of Special Education shall coordinate
the delivery and supervision of special education services within each school
building.
(c)
Educational Services in Home or Hospital. Upon receipt
of a physician's written order verifying that any student enrolled in a public
school or placed by the public school in a private setting must remain at home
or in a hospital on a day or overnight basis, or any combination of both, for
medical reasons and for a period of not less than 14 school days in any school
year, the principal shall arrange for provision of educational services in the
home or hospital. Such services shall be provided with sufficient frequency to
allow the student to continue his or her educational program, as long as such
services do not interfere with the medical needs of the student. The principal
shall coordinate such services with the Administrator of Special Education for
eligible students. Such educational services shall not be considered special
education unless the student has been determined eligible for such services,
and the services include services on the student's IEP.
(4)
Standard Procedures and
Forms. The Department may prepare standard forms to assist school
districts in meeting state and federal special education requirements.
(a) The school district shall use forms that,
at a minimum, contain the elements of those forms issued by the
Department.
(b) School districts
shall maintain required data on eligible students receiving special education
services, shall ensure that such data remains current and accurate, and, on
request, shall report such data in the form required by the Department and in
accordance with
603 CMR
10.00: School Finance and
Accountability and the guidelines for reporting student and financial
data.
(5)
Waivers. A school district, collaborative, or approved
special education school program may submit in writing a proposal for approval
by the Department for the satisfaction of any requirement in
603 CMR
28.00 in a manner different from that specified in
603 CMR
28.00. The Department may approve such proposal if it
shows substantial promise of contributing to improvements in the methods for
meeting the goals of
603 CMR
28.00 and if such proposal does not conflict with any
provision of law. No such proposal shall be implemented until approved by the
Department.
(6)
Enforcement: Withholding of Funds. The Department may
withhold funds for special education from cities, towns, school districts, or
private schools or agencies that do not comply with regulations or statutes
related to special education or do not carry out plans for such compliance
within a reasonable period of time; provided, however, that nothing in 603 CMR
28.03(6) shall be construed to prevent the Department from withholding state
and federal funds to the extent it deems necessary consistent with state and
federal law, or from taking such other enforcement action as may be authorized
by law.