Category Archives: Additional Guidance

Administrative and technical guidance on special education laws, regulations, and policies from the Massachusetts Department of Elementary & Secondary Education.

Question and Answer Guide related to implementation of 603 CMR 46.00 The Regulations for The Prevention of Physical Restraint and requirements if used

Question and Answer Guide related to implementation of 603 CMR 46.00 The Regulations for The Prevention of Physical Restraint and requirements if used and conforming amendments to 603 CMR 18.00 PROGRAM AND SAFETY STANDARDS FOR APPROVED PUBLIC OR PRIVATE DAY AND RESIDENTIAL PROGRAMS[1]
  1. Scope, purpose, and timing
  2. Why did ESE revise the regulations?
 … Read the rest

Special Education Program Plan Statement IDEA -2004

Special Education Program Plan Statement

IDEA -2004

The federal special education law, the Individuals with Disabilities Education Act (IDEA), was reauthorized in December of 2004 and came fully into effect on July 1, 2005. The reauthorized act continues to emphasize the need to provide appropriate educational services to students with disabilities in order to improve educational results for these students. … Read the rest

Guidance on Appointment of Special Education Surrogate Parents

Guidance on Appointment of Special Education Surrogate Parents

Revised: January 2013 This guidance updates and replaces guidance jointly developed by the Massachusetts Department of Elementary and Secondary Education (ESE) and Massachusetts Department of Children and Families (DCF)1 , and issued in 2002. It reflects current federal policy as well as the policy of both agencies concerning the needs of children in DCF care or custody who are eligible for special education services, who can make special education decisions for such children and when a Special Education Surrogate Parent (SESP) must be appointed for them. … Read the rest

Memorandum on Requirements for Registration of Sign Language Interpreters Who Work in Educational Settings

Memorandum on Requirements for Registration of Sign Language Interpreters Who Work in Educational Settings

To: Special Education Administrators, Directors of Private Special Education Schools, Charter School Directors and other Interested Parties
From: Marcia Mittnacht, State Director of Special Education, and Heidi Reed, Commissioner, Massachusetts Commission for the Deaf and Hard of Hearing
Date: April 4, 2012
  The Department of Elementary and Secondary Education (DESE), in conjunction with the Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH), reminds school districts of the requirements for registration of sign language interpreters who work in educational settings. … Read the rest

Guidance on 603 CMR 28.07(7)

Guidance on 603 CMR 28.07(7)

To:
Special Educational Surrogate Parents and Other Interested Parties
From:
Marcia Mittnacht, State Director of Special Education
Date:
February 27, 2012
In light of questions that have recently come to my attention concerning 603 CMR 28.07(7), I offer the following guidance on the purpose of this regulation, the circumstances in which it applies, and the responsibilities it assigns to school districts. … Read the rest

Memorandum on Procedures Lite

Memorandum on Procedures Lite

To: Administrators of Special Education and Other Interested Parties
From: Marcia Mittnacht, State Director of Special Education
Date: December 16, 2011
  It has come to our attention that a small number of school districts have implemented a practice, generally referred to as “Procedures Lite” (PL). Although there is some variation among the districts, PL is a process through which parents usually agree to waive procedural rights guaranteed under federal and state special education laws, for one year (or longer, if agreed to in subsequent years). … Read the rest

Reissued Mileage Reimbursement for Parents under 603 CMR 28.07(6)

Reissued Mileage Reimbursement for Parents under 603 CMR 28.07(6)

To: Administrators of Special Education
From: Marcia Mittnacht, State Director of Special Education
Date: Reissued-May 31, 2011
This memorandum replaces guidance issued on March 16, 2009. Please note the bold text has been updated. I write this brief memo to provide you with the most current information on the mileage reimbursement for parents who:
  1. Provide transportation for their child; and
  2. The transported child is eligible for special education and requires special transportation according to the special education regulations at 603 CMR 28.05(5)(b); and
  3. Transport is for school attendance and school-sponsored extracurricular activities; and
  4. Transport occurs with the knowledge and agreement of the school district; and
  5. The parent voluntarily provides transport.
 … Read the rest

Parental authorization to share information with MassHealth for the purpose of billing the Municipal Medicaid Program

To:       Special Education Directors   From:   Christy Bonstelle, Director of School-Based and Cross-Agency Programs, Massachusetts Office of Medicaid Marcia Mittnacht, State Director of Special Education, Massachusetts Department of Elementary and Secondary Education, Date:    June 18, 2008 RE:       Parental authorization to share information with MassHealth for the purpose of billing the Municipal Medicaid Program Parents and guardians of students with Individual Education Plans (IEPs) have the right to decide if they want to give school districts permission to share information with MassHealth for the purpose of billing the Municipal Medicaid program.  … Read the rest