It is important for parents and local administrators to ensure that students with special needs in private schools continue to receive essential services, pursuant to the requirements of state law. The Massachusetts special education statute, Ch.71B, requires provision of special education services and protections to children with special needs in private and public schools. Unlike federal law, our state law does not differentiate between the obligation to public and private school students. The state statute provides the same obligation for provision of services and programs to public and private school students. This is different than federal special education law which requires school committees to identify, evaluate, and provide services to public school students and only requires school committees to identify and evaluate private school students.
Children attending private schools have an individual entitlement to services.
The special education services must be provided in a public school regular education facility or other appropriate facility. Special education services provided must be comparable in quality, scope, and opportunity for participation to that provided to public school children with similar special needs. Programs in which both public and private school children participate may not separate children based on their religious affiliations or school enrollment. The Board decided to delay a vote on this section of the regulations until March, 2000. Commissioner Driscoll recommended that the Board approve a motion to repeal sec.205.