Current through Register 1531, September 27, 2024
(1)
Approval from the Department. The Department may grant
approval to public and private day and residential schools providing special
education services (special education schools) in Massachusetts in order to
ensure that a continuum of special education programs is available to
Massachusetts students with disabilities. Approval shall be granted by the
Department in accordance with the provisions of 603 CMR 28.09. Upon receipt of
approval special education schools are eligible to enroll publicly funded
Massachusetts eligible students. Approval does not relieve special education
schools of their obligation to comply with other applicable state or federal
statutory or regulatory requirements or requirements set forth in their
contracts with referral sources.
(a)
Limited Approval for Out-of-state Programs. The
Department may grant approval to public and private day and residential schools
providing special education services (special education schools) in states
other than Massachusetts in the following circumstances.
1. An out-of-state program, in cooperation
with a Massachusetts school district, seeks approvaI from the Department. The
following documentation is required.
a.
Written verification by the Massachusetts school district of its intent to
place an eligible Massachusetts student in the out-of-state program.
b. Documentation from the program that the
host state has approved the program to provide services to students with
disabilities. If the host state does not have an approval process, then the
program must provide documentation of reputable accreditation.
c. Documentation of tuition rate approved by
the host state. If the host state does not approve or otherwise regulate
tuition rates, then the program shall provide documentation meeting the
requirements of the Massachusetts agency responsible for setting rates for
special education schools and showing that the proposed rate is the lowest rate
charged to any enrolled student for similar services.
2. Upon receipt of required documentation,
the Department may grant approval for a period of time not to exceed three
years from the date of application. The Department may withhold such approval
if it deems that circumstances warrant such action. In such case, the
Department will notify the Massachusetts school district and the out-of-state
program of its actions and the reason for such actions.
3. Once approved by the Department,
out-of-state programs may accept Massachusetts students without additional
documentation during the three-year period of approval. It is the
responsibility of the out-of-state program, in cooperation with a Massachusetts
school district, to reinitiate the three-year approval status.
(b) Approval for Massachusetts
special education schools. Approval for schools operating in Massachusetts
includes meeting all of the requirements of 603 CMR 28.09 and 603 CMR 18.00.
The Department reserves the right to withhold or deny approval if, in its
discretion, circumstances warrant such action.
(2)
Eligibility. Any
individual, not-for-profit corporation or agency, or proprietary corporation or
public educational collaborative or school district may file an application to
establish and/or operate a special education school in Massachusetts to serve
eligible students with disabilities. The Department shall require justification
of the need for such program and may establish standards for approval
eligibility, including but not limited to, standards for minimum or maximum
size of such program.
(a) Residential programs
shall demonstrate initiation of a request for a license with the state agency
responsible for licensing programs providing residential childcare. Such state
agency shall be responsible for licensing the residential non-educational
component of the program.
1. The Elementary
and Secondary of Education shall not grant final approval of the educational
component of the residential school until all licensing activity for the
residential component has been completed and a license has been
awarded.
2. The educational
component of a residential program must reflect the 24-hour nature of the
service and indicate how residential services and educational services will be
fully coordinated.
(b)
The Department shall develop approval standards that shall specify the types of
information, policies, procedures, and assurances to be included in any
application for approval. The application shall include, but not be limited to:
1. A demonstration of the need for such a
program;
2. The population to be
served. Such population shall, at a minimum, consist of a majority of students
who have been determined eligible for special education services.
3. The anticipated special education and
related services that the program will provide;
4. The legal and financial stability of the
program;
5. The safety and
appropriateness of the physical plant for the student population that the
school will serve;
6. Documentation
of qualified staff; and
7.
Procedures detailing how the school will provide education services for the
identified population of students.
(c) For public special education school
programs, the public school or educational collaborative must demonstrate that
the program is developed for programmatic reasons and not because of lack of
space at an in-district location.
(3)
Department Review and
Approval. The Department shall review for approval each
application submitted and shall consult with other state agencies as necessary.
The Department may, at its discretion, schedule site visits, interviews, or
other inspection of the proposed program. The Department may deny approval;
grant temporary, provisional, or full approval; or grant probationary approval.
The Department shall provide the applicant with a written notice of its actions
and the reasons for such actions.
(a)
Temporary Approval/Program Pricing. The Department,
upon granting temporary approval to private special education schools, shall
forward such approval, together with a description of approved program elements
for the educational component of the program, and applicable pricing elements
for the residential component of the program, if any, to the state agency
responsible for program pricing.
(b)
Provisional
Approval. If provisional approval is granted, the Department shall
indicate the specific conditions that shall be met and shall establish a time
limit not to exceed six months within which the program shall meet those
conditions. In no case shall approval be given unless the applicant can
demonstrate to the satisfaction of the Department that the health and safety of
the students is protected and the school is able to carry out the provisions of
each student's IEP.
(4)
Probationary Approval. The Department may place the
program on probationary status if it becomes aware of conditions at the school
that, in the Department's judgment, compromise the program's ability to provide
a safe, healthy and appropriate educational environment. In such circumstances,
the Department shall provide written notice of the probationary status, the
circumstances that caused the Department to take such action, and the actions
necessary to correct the problem.
(a)
Health and Safety Issues. When, in the Department's
judgment, conditions at the school threaten the health or safety of the
students in the program, acceptance of any additional eligible students
(intake) may be prohibited and the Department shall establish a time not to
exceed 14 days within which the program shall correct the problem.
(b)
Educational
Issues. When, in the Department's judgment, conditions at the
school compromise the program's ability to provide an appropriate education but
do not threaten the health and safety of the students, the Department shall
establish a time limit up to 90 days during which the program shall correct the
problem. The Department shall determine if it is necessary to close intake
during this period. The Department shall not close intake for more than 60 days
in any 12-month period without a full review of the approval status of the
school.
(c)
Notification Requirements. Within two school days of
receipt of notice from the Department placing the program's approval on
probation, the program shall provide notification to the parents of all
enrolled Massachusetts students, all Massachusetts school districts with
enrolled students, and officials of Massachusetts human service agencies or
agencies of other states with responsibility for any students at the school.
Notification shall state that the school has been assigned probationary status;
that intake is closed, if applicable, and the reasons for such
status.
(d)
Completed
Corrective Action. At the end of the time period for corrective
action or when the issue giving rise to probationary status is resolved,
whichever is sooner, the Department may reinstate the approval status of the
program, change the approval status to provisional, or withdraw approval. The
Department shall provide written notification of its action to the special
education school.
(e)
Request for Reconsideration. Within one month of
receipt of a written request for reconsideration of any Department action in
relation to probationary status, the Department shall consider the request and
make formal written response. The Department may, at its discretion, hold a
hearing on the facts, make site visits, or issue an alternative
remedy.
(5)
Disclosure of Information.
(a) An approved special education school
shall make available to the Department, on request, information on all aspects
of the school's program(s), the certification or credentials of its staff, and
the individual records of enrolled Massachusetts students.
(b) The approved special education school
shall also maintain on site and provide, on request, documentation of a safety
inspection of all buildings by the Department of Public Safety or the local
building inspector, an annual fire safety inspection from the local fire
department, and a lead paint inspection, if applicable. More frequent
inspections may be required at the discretion of the Department.
(c) Prior to any substantial change in
program or physical plant, the special education school shall give written
notification of intent to change to the Department. Notice shall be given with
sufficient time to allow the Department to assess the need for the proposed
change and the effects of such change on the educational program. The
Department shall provide response to the approved program within thirty days if
such change may affect the approval status of the program.
(6)
Public Information and
Postings. Each approved special education school shall maintain on
site and make available for public review the following:
(a) Program information including a statement
of purpose, a general description of the educational program, an organizational
chart, and tuition information;
(b)
Documentation of the current approval and or licensing status;
(c) Documents granting authority to operate
the school, including documents that fully identify ownership, and, as
applicable, the names of officers, boards, charters, partnership agreements,
articles of organization, and by-laws;
(d) All required policies and procedures;
and
(e) First aid, medical, and
emergency procedures. The special education school shall conspicuously post
first aid and emergency procedures, including emergency telephone numbers and
location of nearest telephones within each building.
(7)
Educational Staffing
Requirements. An approved special education school program shall
meet the requirements of 603 CMR 18.00 related to staffing, staff training, and
personnel policies and shall demonstrate that its organizational structure
provides for the effective and efficient operation of the school, supervision
of school staff, and supervision of students. The school staff shall at all
times provide appropriate supervision of students while they are engaged in any
school related activity on or off school grounds.
(a) At least one staff member shall be
designated as the educational administrator for the program. The educational
administrator shall either possess licensure as a special education
administrator or as a special educator and shall have a minimum of a master's
degree in special education or a related field; and shall have a minimum of one
year of administrative experience. Such person shall be assigned to supervise
the provision of special education services in the school and ensure that the
services specified in each student's IEP are delivered. The educational
administrator shall be relicensed pursuant to the requirements of
603 CMR
44.00 and shall be required to obtain supervisor
approval of his/her Professional Development Plan pursuant to
603 CMR
44.04.
(b) Teaching staff shall have teaching
licensure appropriate to meet the needs of the population served and which is
provided pursuant to the licensure requirements under
603 CMR 7.00. Teaching staff
shall be relicensed pursuant to the requirements of
603 CMR
44.00. For the purposes of relicensure, teaching staff
shall be subject to the same requirements as teachers in Massachusetts public
schools and shall be required to obtain supervisor approval of Professional
Development Plans pursuant to
603 CMR
44.04. At least half of the teaching staff
shall be licensed in special education areas appropriate to the population
served at the school; other teaching staff may be licensed in other educational
areas, in order to provide for content expertise in the general
curriculum.
(c) The Department may
require a higher proportion of licensed special educators if, in the opinion of
the Department, the population requires more specialized services. To the
extent that teaching staff is providing special education services, such
services shall be provided, designed, or supervised by a special
educator.
(d) Staff providing or
supervising the provision of related services shall be appropriately certified
or licensed in their professional areas.
(e) Instructional groupings and
student/teacher ratios shall not exceed the class size standards set forth at
603 CMR 28.06(6) and
(7). The Department may impose additional
limits, if, in the opinion of the Department, the population requires more
specialized services.
(f) The
special education school shall have a written plan for staff orientation and
training that is consistent with the needs of the student population and
provides, on average, at least two hours per month of relevant training for all
staff including non-professional staff. Initial staff orientation shall include
provision for training in emergency procedures, behavior management procedures,
and requirements related to student protections as provided in 603 CMR
28.09(12). The special education school shall maintain written documentation of
training provided and staff attendance at training as well as documentation of
training received outside of the school. Upon request, such documentation shall
be readily available for review by the Department.
(8)
Educational Facilities and
Materials. Approved special education schools shall provide the
facilities, textbooks, equipment, technology, materials, and supplies needed to
provide the special education and related services specified on the IEPs of
enrolled students. If specialized materials or equipment needed solely for an
individual student are necessary, the special education school may enter into
an agreement for the provision of such materials or equipment by the school
district enrolling the student. Approved schools shall additionally meet all
facility requirements of 603 CMR 18.00.
(9)
Educational Program
Requirements.
(a) All approved
special education schools shall meet or exceed the student learning time
requirements for public school students set forth at
603 CMR
27.00 and shall ensure that such requirements are met
for individual students unless the student's IEP requires otherwise. In
addition to meeting the student learning time requirements, all ten month
programs must run a minimum of 180 school days; 11 month programs a minimum of
198 school days and 12 month programs a minimum of 216 school days exclusive of
weekends, holidays, and vacations.
(b) Each approved special education school
shall ensure that all teaching staff have an understanding and knowledge of the
general curriculum expectations and learning standards of the Massachusetts
Curriculum Frameworks and that such knowledge is incorporated into the
educational programs of the special education school.
(c) All approved special education schools
shall ensure that there are flexible procedures and mechanisms that maximize
opportunities for enrolled students to gain the capacity to return to a less
restrictive educational program. Such mechanisms may include, but are not
limited to, a capacity for part-time attendance at a neighborhood public school
or other community program or a period of transition from one program option to
a less restrictive program option.
(d) All approved special education schools
shall ensure that there are written procedures outlining how such schools will
ensure that enrolled students also participate in state assessment programs in
accordance with the assessment participation information provided on the
student's IEP. Such procedures shall include how the approved school will
provide for accommodations or alternate assessments when required.
(10)
Student
Records. Approved special education schools shall keep current and
complete files for each publicly funded enrolled student and shall manage such
files consistent with
603 CMR
23.00: Student Records and M.G.L. c.
71, § 34H.
(11)
Policies and Procedures. In addition to the written
procedures required for residential schools by the state agency responsible for
licensing residential programs providing childcare, and written procedures
required by 603 CMR 18.00, all approved special education schools shall
maintain on site a policies and procedures manual, and shall provide written
notice to parents of enrolled students that copies of such policies or
procedures are available on request. Policies and procedures shall additionally
include the procedures required in 603 CMR 28.09(9) and emergency procedures,
admissions procedures, behavior management procedures, procedures regarding
suspension or termination of the student's placement, and orientation
procedures for parents and students as required under 603 CMR 18.00 and the
following:
(a) Personnel policies, including
procedures for hiring, discipline, supervision, evaluation, handling
complaints, and dismissal of staff. Procedures on hiring shall include a
description of the steps the school will take to obtain, consider, and act upon
information related to convictions for criminal offenses for any prospective
staff members whose responsibilities bring them into direct contact with
students in the school.
(b) If
applicable, transportation procedures that ensure that vehicles are safe,
insured, and operated by qualified and trained individuals, and that students
are transported in a safe manner that is responsive to individual student's
needs and provisions of their IEPs.
(12)
Student
Protections. Students shall be entitled to protections and
standards in accordance with 603 CMR 18.00. In addition approved special
education schools shall observe the following requirements:
(a)
Serious Incidents - Immediate
Notification and Reporting. In the event of serious injury or
death of a student, criminal activity on the part of a student or staff member,
or other serious incident affecting the well-being of any student, the approved
special education school shall immediately notify, by telephone and by letter,
the parents, the sending school district(s), any state agency involved in
student care or program placement, and the Department of Elementary and
Secondary Education.
(b)
Emergency Termination of Enrollment. The special
education school shall not terminate the enrollment of any student, even in
emergency circumstances, until the enrolling public school district is informed
and assumes responsibility for the student. At the request of the public school
district, the special education school shall delay termination of the student
for up to two calendar weeks to allow the public school district the
opportunity to convene an emergency Team meeting or to conduct other
appropriate planning discussions prior to the student's termination from the
special education school program. With the mutual agreement of the approved
special education school and the public school district, termination of
enrollment may be delayed for longer than two calendar weeks.
