Current through Register 1531, September 27, 2024
(1)
Convening the
Team. Within 45 school working days after receipt of a parent's
written consent to an initial evaluation or reevaluation, the school district
shall: provide an evaluation; convene a Team meeting to review the evaluation
data, determine whether the student requires special education and, if
required, develop an IEP in accordance with state and federal laws; and provide
the parents with two copies of the proposed IEP and proposed placement, except
that the proposal of placement may be delayed according to the provisions of
603 CMR
28.06(2)(e); or, if the Team
determines that the student is not eligible for special education, the school
district shall send a written explanation of the finding that the student is
not eligible. The evaluation assessments shall be completed within 30 school
working days after receipt of parental consent for evaluation. Summaries of
such assessments shall be completed so as to ensure their availability to
parents at least two days prior to the Team meeting. If consent is received
within 30 to 45 school working days before the end of the school year, the
school district shall ensure that a Team meeting is scheduled so as to allow
for the provision of a proposed IEP or written notice of the finding that the
student is not eligible no later than 14 days after the end of the school
year.
(2)
Determinations of the Team.
(a)
Eligibility
Determination. The Team shall examine the evaluative data,
including information provided by the parent, and make one of the following
determinations:
1. The student is eligible.
If the student has one or more of the disabilities defined at
603 CMR 28.02(7)
and if, as a result of the disability(ies),
the student is unable to progress effectively in the general education program
without the provision of specially designed instruction, or is unable to access
the general curriculum without the provision of one or more related services,
the Team shall determine that the student is eligible.
a. Consistent with state and federal special
education law, the Team shall establish whether a student has a disability(ies)
as defined in
603 CMR
28.02(7), determine the
type(s) of disability(ies) and shall ensure that the student's inability to
progress is a result of the disability(ies) and not a result of an inability to
meet the school discipline code, limited English proficiency, social
maladjustment, or lack of instruction in reading or math.
b. Once eligibility has been determined, the
type of disability of the student shall not be used to provide a basis for
labeling or stigmatizing the student. Additionally, the type of disability
shall not define the needs of the student and shall in no way limit the
services, programs, or inclusion opportunities provided to the
student.
c. If the Team determines
that the student is an eligible student, the Team shall develop an
individualized education program (IEP).
2. The student is not eligible. If the Team
determines that the student is not eligible, the Team chairperson shall record
the reason for such finding, list the meeting participants, and provide written
notice to the parent of their rights in accordance with federal requirements
within ten days of the Team meeting.
(b)
Evaluation Information is
Inconclusive. If the Team finds the evaluation information
insufficient to develop an IEP, the Team, with parental consent, may agree to
an extended evaluation period.
1. The
extended evaluation period shall not be used to deny programs or services
determined to be necessary by the Team. If, prior to the extended evaluation,
the Team determines that sufficient information is available to identify some
necessary objectives and services, the Team shall write a partial IEP that, if
accepted by the parent, shall be immediately implemented by the district while
the extended evaluation is occurring.
2. The extended evaluation period shall not
be used to allow additional time to complete the required assessments under
603 CMR
28.04(2)(a).
3. If the parent consents to an extended
evaluation, the Team shall document its findings and determine what evaluation
time period is necessary and the types of information needed to develop an IEP,
if appropriate. The Team may decide to meet at intervals during the extended
evaluation, but in all cases shall reconvene promptly to develop or complete an
IEP when the evaluation is complete.
4. The extended evaluation may extend longer
than one week, but shall not exceed eight school weeks.
5. The extended evaluation shall not be
considered a placement.
(3)
Developing the
IEP. Upon determining that the student is eligible for special
education, the Team shall develop an IEP using the evaluation data to guide
development of goals and objectives for the student.
(a) Parent disagrees with evaluation and
seeks an independent education evaluation. If a parent disagrees with the
evaluation results, the Team may, with the agreement of the parent, delay
writing some or all of the IEP until an independent education evaluation can be
completed.
(b) If the Team writes a
partial IEP, a parent may consent to the proposed partial program prior to
completion of the full IEP. In such case, the partial program shall be
implemented immediately.
(c) The
IEP shall be completed using the standard IEP format provided by the
Department. If the Team members are unable to agree on the IEP, the Team
chairperson shall state the elements of the IEP proposed by the school
district
(4)
Contents of the IEP. Upon determining that the student
requires special education and based upon the evaluative data, the Team shall
write an IEP for the student and decide the student's placement. The IEP shall
describe the special education and related services that the student requires
and shall include all elements required under federal and state law.
(a) The IEP shall include specially designed
instruction to meet the needs of the individual student and related services
that are necessary to allow the student to benefit from the specially designed
instruction, or may consist solely of related services that are necessary to
allow the student to access the general curriculum, consistent with federal and
state requirements.
(b) The Team
shall carefully consider the general curriculum, the learning standards of the
Massachusetts Curriculum Frameworks, the curriculum of the district, and shall
include specially designed instruction or related services in the IEP designed
to enable the student to progress effectively in the content areas of the
general curriculum.
(c) For any
student approaching graduation or the age of 22, the Team shall determine
whether the student is likely to require continuing services from adult human
service agencies. In such circumstances, the Administrator of Special Education
shall make a referral to the Bureau of Transitional Planning in the Executive
Office of Health and Human Services in accordance with the requirements of
M.G.L. c. 71B, § 12A through C (known as Chapter 688).
(d) The daily duration of the student's
program shall be equal to that of the regular school day, unless the Team
states that a different duration is necessary to provide a free appropriate
public education to the student. In such case, the Team shall specify the daily
duration of the program, and the Team shall state on the IEP the reason for
such different duration.
1. An extended year
program may be identified if the student has demonstrated or is likely to
demonstrate substantial regression in his or her learning skills and/or
substantial difficulty in relearning such skills if an extended program is not
provided.
2. If residential
services are required, the IEP must clearly specify the reasons for such
determination and how such services will be coordinated with the day education
services provided to the student. Additionally, the goals and services on the
student's IEP must reflect the comprehensive nature of the educational program
required.
3. If a longer program is
required, the student's IEP must specify why a longer program is
necessary.
4. Camping or recreation
programs provided solely for recreational purposes and with no corresponding
IEP goals or specially designed instruction shall not be considered extended
year programs.
(5)
Transportation.
The Team shall determine whether the student requires transportation because of
his or her disability in order to benefit from special education.
(a)
Regular
Transportation. If the student does not require transportation as
a result of his or her disability, then transportation shall be provided in the
same manner as it would be provided for a student without disabilities. In such
case, the IEP shall note that the student receives regular transportation, and
if the school district provides transportation to similarly situated students
without disabilities, the eligible student shall also receive transportation.
1. If regular transportation is noted on the
student's IEP and the student is placed by the school district in a program
located at a school other than the school the student would have attended if
not eligible for special education, the student is entitled to receive
transportation services to such program.
2. If regular transportation is noted on the
student's IEP and the student is enrolled by his or her parents in a private
school and receiving services under
603 CMR
28.03(1)(e), such student is
not entitled to transportation services unless the school district provides
transportation to students without disabilities attending such private
school.
(b)
Special Transportation. If the Team determines that
the student's disability requires transportation or specialized transportation
arrangements in order to benefit from special education, the Team shall note on
the student's IEP that the student requires special transportation. In such
circumstances, transportation is a related service.
1. The Team shall determine necessary
modifications, special equipment, assistance, need for qualified attendants on
vehicles, and any particular precautions required by the student and shall
document such determinations in the student's IEP. If specialized arrangements
can be provided on regular transportation vehicles, the school district shall
make such arrangements.
a. The district shall
arrange to have eligible students who use wheelchairs transported in vehicles
that do not require such students to be removed from their wheelchairs in order
to enter or leave the vehicles; provided, however, 603 CMR 28.05(5)(b) shall
not be applicable where a Team or the student's physician recommends that the
student regularly transfer in and out of conventional vehicles to or from a
wheelchair for therapeutic or for independence training reasons.
b. The Team shall specify whether the student
requires assistance in or out of the home, on or off of the vehicle, and in or
out of the school. If such assistance is specified, the district shall ensure
that it is provided.
c. The Team
shall specify if the student has a particular need or problem that may cause
difficulties during transportation, such as seizures, a tendency for motion
sickness, behavioral concerns, or communication disabilities.
2. 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.
3. If special
transportation is noted on the student's IEP and the student is enrolled by his
or her parents in a private school and receiving services under
603 CMR
28.03(1)(e), the school
district's obligation to provide transportation shall be limited to
transportation services within the geographic boundaries of the school
district.
(c) In no
event shall a school district allow transportation considerations to influence,
modify, or determine the educational program required by any student in need of
special education.
(6)
Determination of Placement. At the Team meeting, after
the IEP has been fully developed, the Team shall determine the appropriate
placement to deliver the services on the student's IEP. Unless the student's
IEP requires some other arrangement, the student shall be educated in the
school that he or she would attend if the student did not require special
education.
(a) Identification by the Team of
placement shall proceed in accordance with the options delineated in
603 CMR
28.06.
(b) Lack of an identified placement shall not
delay the proposal of the IEP to the parent following the Team
meeting.
(7)
Parent Response to Proposed IEP and Proposed
Placement. Immediately following the development of the IEP, and
within 45 school working days after receipt of the parent's written consent to
an initial evaluation or reevaluation, the district shall provide the parents
with two copies of the proposed IEP and proposed placement along with the
required notice, except that the proposal of placement may be delayed according
to the provisions of
603 CMR 28.06(2)(e)
in a limited number of cases.
(a) later than 30 days after receipt of the
proposed IEP and proposed placement, the parents shall:
1. Accept or reject the IEP in whole or in
part; request a meeting to discuss the rejected portions of the IEP or the
overall adequacy of the IEP; or if mutually agreed upon, accept an amended
proposal; and
2. accept or reject
the proposed placement.
(b) Upon parental response to the proposed
IEP and proposed placement, the school district shall implement all accepted
elements of the IEP without delay.
