File: IHBA


    All applicable Federal Laws as well as the requirements of Chapter 71B and the Massachusetts General Laws (known as Chapter 766 of the Acts of 1972) and state regulations will be followed in the identification of children who may qualify for special education services, in referrals for their evaluation, in prescribing for them suitable programs and in assessing their educational progress. In keeping with all federal and state requirements, all students between the ages of three through 21 who have not attained a high school diploma or its equivalent will be eligible for special education if they meet the applicable criteria.

    Most children with special needs can be educated in the regular school program if they are given special instruction, accommodations and the support they need. All eligible students should also be given the opportunity to participate in the school system's non-academic and extracurricular activities.

    It is the desire of the Committee that the schools work closely with parents in designing and providing programs and services for students eligible for special education services. Parents will be informed, and conferred with, whenever a child is referred for evaluation. In the event of any disagreement concerning diagnosis, program plan, special placement, or evaluation, the parents will be accorded the right of due process.

    The Superintendent will secure properly certified personnel to work with eligible students in accordance with relevant legal requirements and provide any necessary training.

    Legal Refs.:20 U.S.C. 1400 et seq., Individuals with Disabilities Act of 2004 (IDEA '04)

    34 CFR §300.000 et seq., IDEA Regulations,

    29 U.S.C. 701 et. Seq., Section 504 of the Rehabilitation Act of 1973

    PL 107-110, No Child Left Behind Act of 2001 (NCLB)

    Chapter 766

    603 CMR 28.00, Massachusetts Special Education Regulations

    603 CMR 7.00, Regulations for the Licensure of Educational Personnel in Massachusetts

    DESE Massachusetts Parent's Rights Brochure

    Revised:December 18, 2013