Special Education Advocacy & Consulting

Resources

Knowledge is Power.

A compilation of laws, regulations, cases, and web sources on special education law. 


MA Administrative Advisories

Administrative Advisory SPED 2021-2: Financial and Programmatic Responsibility for Special Education and Enforcement of Assignments

COVID-19 Special Education Administrative Advisory 2021-1: Procedures for Temporary Waiver of Classroom Ratios in Preschool Inclusionary Programs

Administrative Advisory SPED 2019-3: Updated State Mandated Form for Documentation of Medicaid Service Delivery in Out-of-District Programs (28M/12)

Administrative Advisory SPED 2019-2: Extended Evaluations

Administrative Advisory SPED 2019-1: Recovery High Schools

Administrative Advisory SPED 2018-3: Guidance on Amendments to Special Education Regulations, 603 CMR 28.10, to Align with ESSA Foster Care Provisions

Administrative Advisory SPED 2018-2: Secondary Transition Services and Graduation with a High School Diploma

Administrative Advisory SPED 2018-1: Guidance on Calculating and Providing Proportionate Share Services for Students with Disabilities Enrolled by Their Parents in Private Schools 

Administrative Advisory SPED 2017-1: Guidance on Students with Disabilities and Subminimum Wage Employment

Administrative Advisory SPED 2016-1: SIMS Data Reporting

Administrative Advisory SPED 2015-2R: Special Education Parent Advisory Councils, Acceptable Alternatives, and Use of Social Media

Administrative Advisory SPED 2014-1: Demonstration of performance skills of educational interpreters

Administrative Advisory SPED 2013-1: Parental Consent to Access MassHealth

Questions and Answers on Parental Consent and MassHealth  — updated March 2019

Mandated form (28M/13) — Parental Notice and Consent to Access MassHealth (Medicaid) Benefits
Translated versions available in Spanish, Haitian, Chinese, and Portuguese.

Administrative Advisory SPED 2012-1: The Autism Insurance Law

Administrative Advisory SPED 2011-1: Age of Majority

Administrative Advisory SPED 2010-3: Private Approved Day and Residential School Tuition Payments — Temporary Absences

Administrative Advisory SPED 2010-2: School-Based Medicaid and Nursing Services

Administrative Advisory SPED 2010-1: Federal Regulation Changes

Administrative Advisory SPED 2009-1: Services for Young Children with Disabilities, Ages Five and Six, in Preschool Programs

Administrative Advisory SPED 2007-2: IDEA-2004 and Private School Students — Withdrawn July 2017 — Replaced by Administrative Advisory 2018-1

Administrative Advisory SPED 2004-4: School District Responsibility For Children in Special Education Day Schools Who Are Transferred to a Residential School by the Department of Social Services

Administrative Advisory SPED 2004-3: College Testing Information

Administrative Advisory SPED 2004-1: Independent Educational Evaluations

Administrative Advisory SPED 2003-1: Changes to Massachusetts Special Education Law

Administrative Advisory SPED 2002-5: Special Education Contracts Between School Districts and Out-of District Programs [603 CMR 28.06(3)(f)]

Administrative Advisory SPED 2002-4: Special Education Students in Out-of-District Placements — Participation in MCAS Testing and High School Graduation Standards

Administrative Advisory SPED 2002-3: Vocational Educational Services for Students with Disabilities

Administrative Advisory SPED 2002-2: Requirement to Review Refusals to Evaluate for Special Education Eligibility

Administrative Advisory SPED 2001-4: Finding of No Eligibility for Special Education

Administrative Advisory SPED 2001-3: Guidance on Using a Sliding Fee Scale for Public Payment of Independent Education Evaluations (IEEs) in Special Education

 
 

 

MA Technical Guidance

Technical Assistance Advisory SPED 2021-2: Students with Autism and Application for Department of Developmental Services Adult Eligibility

Coronavirus (COVID-19) Special Education Technical Assistance Advisory 2021-1 COVID-19 Compensatory Services and Recovery Support for Students with IEPs

Technical Assistance Advisory SPED 2020-3: Recommended Advance Planning for a Student with an IEP Accepted for Enrollment in a METCO District

COVID Special Education Technical Assistance Advisory 2020-2: Implementation of Special Education Timelines During the COVID-19 State of Emergency

Technical Assistance Advisory SPED 2020-1: Massachusetts Rehabilitation Commission Pre-Employment Transition Services (Pre-ETS)

Technical Assistance Advisory SPED 2019-1: Transition from Early Intervention Programs to Early Childhood Special Education

Technical Assistance Advisory SPED 2018-4: Guidance on Massachusetts Commission for the Blind Pre-Employment Transitions Services

Technical Assistance Advisory SPED 2018-3: Addressing the Communication Needs of Students with Disabilities through Augmentative and Alternative Communication (AAC)

Technical Assistance Advisory SPED 2017-2: Calculating and Providing Proportionate Share Services — Withdrawn July 2017 — Replaced by Administrative Advisory 2018-1.

Technical Assistance Advisory SPED 2017-1 : Characteristics of High Quality Secondary Transition Services

Technical Assistance Advisory SPED 2016-2 : Promoting Student Self-Determination to Improve Student Outcomes

Technical Assistance Advisory SPED 2014-5: Charter School Responsibilities for Students with Disabilities Who May Need an Out-of-District Program — 603 CMR 28.10(6)

Technical Assistance Advisory SPED 2014-4: Transition Assessment in the Secondary Transition Planning Process

Technical Assistance Advisory SPED 2014-3 Identifying the Need for Paraprofessional Support

Technical Assistance Advisory SPED 2014-2: Children's Behavioral Health Initiative

Technical Assistance Advisory SPED 2014-1: DSM-5 Changes and the Impact on Students with Autism Spectrum Disorders (ASD) - IRIS Information Brief: Comparison of the Diagnostic Criteria for Autism Spectrum Disorder Across DSM-5, DSM-IV-TR, and the Individuals with Disabilities Act Definition of Autism.

Technical Assistance Advisory SPED 2013-1: Postsecondary Goals and Annual IEP Goals in the Transition Planning Process

Technical Assistance Advisory SPED 2012-2: Improving Data and Practices Regarding Disciplinary Removals of Students with Disabilities (Disciplinary Removal Self-Assessment Inventory) 

Technical Assistance Advisory SPED 2012-1: Certain IEP Services Not Provided by the Department in DYS Institutional Settings — Revised August 2018 to address all host agency settings (DYS, DMH, DPH, CHC)

Technical Assistance Advisory SPED 2011-2: Bullying Prevention and Intervention

Addressing the Needs of Students with Disabilities in the IEP and in School Bullying Prevention and Intervention Efforts

Technical Assistance Advisory SPED 2011-1: Annual Fiscal Calculations

Technical Assistance Advisory SPED 2009-2: Observation of Education Programs by Parents and Their Designees for Evaluation Purposes

Technical Assistance Advisory SPED 2009-1: Transition Planning to Begin at Age 14

Technical Assistance Advisory SPED 2007-1: Autism Spectrum Disorder

Additional Guidance 

Discipline: Statutory Language & Flow Chart

Memorandum on Significant Disproportionality in Special Education (assist school districts and other interested parties in understanding the requirements in the Individuals with Disabilities Education Act (IDEA) pertaining to significant disproportionality, updated in 2016, and the fiscal implications of these requirements).

Memorandum on Addressing the Needs of Students with Disabilities Relocating to Massachusetts from Puerto Rico
(guidance about planning for and responding to the needs of students with disabilities and students experiencing trauma as a result of natural disasters who have relocated to Massachusetts from Puerto Rico and other Caribbean islands following the devastation of Hurricanes Maria and Irma).

Dear Colleague Letter on Free and Appropriate Public Education (FAPE): Clarifying that IEPs for children with disabilities must be aligned with state academic content standards for the grade in which a child is enrolled.

Dear Colleague Letter on Dyslexia:
Policy guidance that clarifies that there is nothing in the IDEA that would prohibit the use of the terms dyslexia, dyscalculia, and dysgraphia in IDEA evaluation, eligibility determinations or IEP documents.

Guidance on Appointment of Special Education Surrogate Parents

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

Guidance on 603 CMR 28.07(7)

Memorandum on Procedures Lite

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

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

Memorandum on the Implementation of 603 CMR 28.05(7): Parent response to proposed IEP and proposed placement

National Instructional Materials Accessibility Standard (NIMAS) Additional Assurance Required for IDEA Part B Grant

Question and Answer Guide on the Implementation of Educational Services in the Home or Hospital 603 CMR 28.03(3)(c) and 28.04(4)

Program Plan for Special Education

PRS Special Approvals and Notice Requirements: PRS has responsibilities to review and act upon certain applications, requests for waivers, and notifications required by Board of Education Regulations. The information and mandated forms below should be used in responding to these requirements.

PRS Technical Assistance: PRS provides technical assistance and guidance to local public and private school personnel, parents and persons from the general public regarding several state and federal education laws, regulations and Board of Education Policies. See link for a list of FAQ regularly posed to PRS staff together with responses and sources of further information. Should your inquiry not be addressed below or you would like additional information, contact your PRS liaison, who may be able to assist you.