Category Archives: MA Law 603 CMR 28.00

MA Education Laws and Regulations – Special Education

603 CMR 28.10: School District Responsibility

Most recently amended by the Board of Elementary and Secondary Education: March 25, 2014

28.10: School District Responsibility

(1) General Provisions. School districts shall be programmatically and financially responsible for eligible students based on residency and enrollment. (a) With the exception of students who are in the care or custody of a state agency, nothing in 603 CMR 28.10 shall require a school district to provide special education to a student whose parent(s), and legal guardian if any, live outside Massachusetts and have placed the student in an education program in Massachusetts or who maintain contact with the student who remains in Massachusetts. … Read the rest

603 CMR 28.09: Approval of Public and Private Day and Residential Special Education School Programs

Most recently amended by the Board of Elementary and Secondary Education: March 25, 2014

28.09: Approval of Public and Private Day and Residential Special Education School Programs

(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. … Read the rest

603 CMR 28.08: Continuum of Options for Dispute Resolution

Most recently amended by the Board of Elementary and Secondary Education: March 25, 2014

28.08: Continuum of Options for Dispute Resolution

(1) Local School District Procedures. School districts are encouraged to develop local problem resolution procedures that allow parents to present a concern to a district representative and receive a response related to the concern. … Read the rest

603 CMR 28:07: Parent Involvement

Most recently amended by the Board of Elementary and Secondary Education: March 25, 2014

28:07: Parent Involvement

(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. … Read the rest

603 CMR 28.06: Placement and Service Options

Most recently amended by the Board of Elementary and Secondary Education: March 25, 2014

28.06: Placement and Service Options

(1) Reporting. The Department shall determine specific protocols for school districts to report level of services and placements made for eligible students. School districts shall use such protocols for the purposes of reporting information only. … Read the rest

603 CMR 28.05: The Team Process and Development of the IEP

Most recently amended by the Board of Elementary and Secondary Education: March 25, 2014

28.05: The Team Process and Development of the IEP

(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. … Read the rest

603 CMR 28.04: Referral and Evaluation

Most recently amended by the Board of Elementary and Secondary Education: March 25, 2014

28.04: Referral and Evaluation

(1) Referral for Initial Evaluation. A student may be referred for an evaluation by a parent or any person in a caregiving or professional position concerned with the student’s development. (a) When a student is referred for an evaluation to determine eligibility for special education, the school district shall send written notice to the student’s parent(s) within five school days of receipt of the referral. … Read the rest

603 CMR 28.03: School District Administration and Personnel

Most recently amended by the Board of Elementary and Secondary Education: March 25, 2014

28.03: School District Administration and Personnel

(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. … Read the rest

603 CMR 28.02: Definitions

Most recently amended by the Board of Elementary and Secondary Education: March 25, 2014

28.02: Definitions

(1) Approved private special education school or approved program shall mean a private day or residential school, within or outside Massachusetts, that has applied to, and received approval from, the Department according to the requirements specified in 603 CMR 28.09. … Read the rest

603 CMR 28.01: Authority, Scope and Purpose

Most recently amended by the Board of Elementary and Secondary Education: March 25, 2014

28.01: Authority, Scope and Purpose

(1) 603 CMR 28.00 is promulgated pursuant to the authority of the Board of Elementary and Secondary Education under M.G.L. c. 69, §1B, and c. 71B. (2) 603 CMR 28.00 governs the provision by Massachusetts public schools of special education and related services to eligible students and the approval of public or private day and residential schools seeking to provide special education services to publicly funded eligible students. … Read the rest