Current through Register 1531, September 27, 2024
(1)
Parental Consent. In accordance with state and federal
law, each school district shall obtain informed parental consent as follows:
(a) The school district shall obtain written
parental consent before conducting an initial evaluation or making an initial
placement of a student in a special education program under
603 CMR
28.00. Written parental consent shall be obtained
before conducting a reevaluation and before placing a student in a special
education placement subsequent to the initial placement in special education.
1. The school district shall obtain consent
before initiating extended evaluation services as described in
603 CMR
28.05(2)(b).
2. A parent may revoke consent at any time.
Except for initial evaluation and initial placement, and as prescribed by
603 CMR
28.00, consent may not be required as a condition of
any benefit to the student.
3.
Parents have the right to observe any program(s) proposed for their child if
the child is identified as eligible for special education services.
4. A parent may discontinue special education
and related services provided to his or her child by notifying the school
district in writing that the parent revokes consent to the continued provision
of all special education and related services to the child. The school district
shall respond promptly by sending notice to the parent of the district's
intention to discontinue all special education and related services to the
student ten school days from the date of the district's notice based on the
parent's revocation of consent. The school district may not challenge the
parent's decision through the dispute resolution processes provided under
603 CMR
28.08. Nothing in
603 CMR
28.00 shall prevent a school district and a parent
from meeting to discuss discontinuation of all special education and related
services provided the parent's participation is voluntary.
(b) If, subsequent to initial evaluation and
initial placement and after following the procedures required by
603 CMR
28.00, the school district is unable to obtain
parental consent to a reevaluation or to placement in a special education
program subsequent to the initial placement, or the parent revokes consent to
such reevaluation or placement, the school district shall consider with the
parent whether such action will result in the denial of a free appropriate
public education to the student. If, after consideration, the school district
determines that the parent's failure or refusal to consent will result in a
denial of a free appropriate public education to the student, it shall seek
resolution of the dispute through the procedures provided in
603 CMR
28.08. Participation by the parent in such
consideration shall be voluntary and the failure or refusal of the parent to
participate shall not preclude the school district from taking appropriate
action pursuant to
603 CMR
28.08 to resolve the dispute. This provision
shall not apply if the parent has revoked consent to all special education and
related services as provided in 603 CMR 28.07(1)(a)4.
(c) When the participation or consent of the
parent is required and the parent fails or refuses to participate, the school
district shall make and document multiple efforts to contact the parent. Such
efforts may include letters, written notices sent by certified mail, electronic
mail (e-mail), telephone call, or, if appropriate, TTY communications to the
home, and home visits at such time as the parent is likely to be home. Efforts
may include seeking assistance from a community service agency to secure
parental participation. The school district shall ensure that its efforts to
involve the parent and gain parental consent meet a reasonable measure standard
as articulated in federal law at 34 CFR §§ 300.300(c)(2) and
300.322(d). If the efforts listed in 603 CMR 28.07(1)(a) and (b) are attempted
and documented and the district is unable to secure parental consent to a
reevluation or placement subsequent to the initial placement in a special
education program, the school district shall proceed in accordance with 603 CMR
28.07(1)(b). This provision shall not apply if the parent has revoked consent
to all special education and related services as provided in 603 CMR
28.07(1)(a)4.
(2)
Parent Right to Waive Assessments. Any individual
assessment may be waived with the approval of the parents if an equivalent
assessment has been recently completed and if the person conducting the school
assessment determines that the assessment results are still accurate.
(a) All efforts shall be made to avoid
duplicative or unnecessary testing.
(b) In accordance with federal requirements,
if recommended by the school district, parents may agree to waive some or all
assessments when the three-year reevaluation is required.
(3)
Reports to
Parents. Written progress reports for eligible students shall be
submitted to parents at least as often as report cards or progress reports for
students without disabilities.
(4)
Parent Advisory Participation. Each school district
shall create a districtwide parent advisory council offering membership to all
parents of eligible students and other interested parties. The parent advisory
council duties shall include but not be limited to: advising the district on
matters that pertain to the education and safety of students with disabilities;
meeting regularly with school officials to participate in the planning,
development, and evaluation of the school district's special education
programs. The parent advisory council shall establish by-laws regarding
officers and operational procedures, and, in the course of its duties, the
parent advisory council shall receive assistance from the district without
charge, upon reasonable notice, and subject to the availability of staff and
resources.
(5)
Student
Participation and Consent at the Age of Majority. When the student
reaches 18 years of age, he or she shall have the right to make all decisions
in relation to special education programs and services. The school district
shall have the obligation to obtain consent from the student to continue the
student's special education program. The parents will continue to receive
written notices and information but will no longer have decision-making
authority, except as provided in 603 CMR 28.07(5)(a) through (c).
(a) If a parent has sought and received
guardianship from a court of competent jurisdiction, then the parent retains
full decision-making authority. The parent shall not have authority to override
any decision or lack of decision made by the student who has reached the age of
majority unless the parent has sought or received guardianship or other legal
authority from a court of competent jurisdiction
(b) The student, upon reaching 18 years of
age and in the absence of any court actions to the contrary, may choose to
share decision-making with his or her parent (or other willing adult),
including allowing the parent to co-sign the IEP. Such choice shall be made in
the presence of the Team and shall be documented in written form. The student's
choice shall prevail at any time that a disagreement occurs between the adult
student and the parent or other adult with whom the student has shared
decision-making.
(c) The student,
upon reaching 18 years of age and in the absence of any court actions to the
contrary, may choose to delegate continued decision-making to his or her
parent, or other willing adult. Such choice shall be made in the presence of at
least one representative of the school district and one other witness and shall
be documented in written form and maintained in the student record.
(6)
When a Parent
Provides Transportation. If a parent provides transportation to an
eligible student requiring special transportation consistent with the
requirements of
603 CMR
28.05(5)(b), the school
district shall reimburse such parent the prevailing rate per mile for state
employees. Reimbursement shall be for no more than the round-trip distance
between the home and the school for school attendance and school-sponsored
extracurricular activities. Mileage shall be determined based on a direct route
between the student's home and school. No parent shall be obligated to provide
such transportation.
(7)
Educational Surrogate Parent - District
Responsibility. When a student is without parental representation
and requires an educational surrogate parent to be appointed in accordance with
federal law and regulations, the Department may request assistance from the
district responsible for services to the student in identifying a person
willing to serve as an educational surrogate parent.
(a) Upon assignment by the Department, such
educational surrogate parent shall have all the rights and responsibilities of
a parent in making decisions regarding eligibility and services for special
education for the assigned student. The Department shall provide notice of
appointment to the school district and any state agency with custody of the
student.
(b) A person identified by
the district and willing to serve as an educational surrogate parent shall have
no conflict of interest and shall not be in the employ of the school district
or any state or local agencies involved with the care of the student.
(c) A person identified by the district,
appointed by the Department, and serving as an educational surrogate parent
shall not receive financial remuneration from the district except that the
school district shall reimburse the person for reasonable expenses related to
the exercise of his or her responsibilities as an educational surrogate parent
for a student enrolled in the district.
(8)
Communications with Parents
and Students. Each district shall ensure that all communications
and meetings with parents and students pursuant to
603 CMR
28.00 meet the following standards:
(a) Communications shall be in simple and
commonly understood words.
(b)
Communications shall be in both English and the primary language of the home,
if such primary language is other than English. Any interpreter used to
implement this provision shall be fluent in the primary language of the
home.
(c) Where the parents or the
student are unable to read in any language or are blind or deaf, communications
shall be made orally in English or with the use of a foreign language
interpreter, in Braille, in sign language, via TDD, or in writing, whichever is
appropriate.
