reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 23.00 - Student Records › Section 23.07 - Access to Student Records

Current through Register 1525, July 5, 2024
(1)
Log of
			 Access.
A log shall be kept as part of each student's record. If parts
			 of the student record are separately located, a separate log shall be kept with
			 each part. The log shall indicate all persons who have obtained access to the
			 student record, stating: the name, position and signature of the person
			 releasing the information; the name, position and, if a third party, the
			 affiliation if any, of the person who is to receive the information; the date
			 of access; the parts of the record to which access was obtained; and the
			 purpose of such access. Unless student record information is to be deleted or
			 released, this log requirement shall not apply to:
(a) authorized school personnel under
			 603 CMR 23.02(9)(a)
			  who inspect the student record;
(b) administrative office staff and clerical
			 personnel under
			 603 CMR
			 23.02(9)(b), who add
			 information to or obtain access to the student record; and
(c) school nurses who inspect the student
			 health record.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 23.00 - Student Records › Section 23.08 - Amending the Student Record

Current through Register 1525, July 5, 2024
(1) The eligible
			 student or the parent shall have the right to add information, comments, data,
			 or any other relevant written material to the student record.
(2) The eligible student or the parent shall
			 have the right to request in writing deletion or amendment of any information
			 contained in the student record, except for information which was inserted into
			 that record by an Evaluation Team. Such information inserted by an Evaluation
			 Team shall not be subject to such a request until after the acceptance of the
			 Evaluation Team Educational Plan, or, if the Evaluation Team Educational Plan
			 is rejected, after the completion of the special education appeal process. Any
			 deletion or amendment shall be made in accordance with the procedure described
			 below:
(a) If such student or parent is of
			 the opinion that adding information is not sufficient to explain, clarify or
			 correct objectionable material in the student record, either student or parent
			 shall present the objection in writing and/or have the right to have a
			 conference with the principal or his/her designee to make the objections
			 known.
(b) The principal or his/her
			 designee shall within one week after the conference or receipt of the
			 objection, if no conference was requested, render to such student or parent a
			 decision in writing, stating the reason or reasons for the decision. If the
			 decision is in favor of the student or parent, the principal or his/her
			 designee shall promptly take such steps as may be necessary to put the decision
			 into effect.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 23.00 - Student Records › Section 23.09 - Appeals

Current through Register 1525, July 5, 2024
(1) In the event that any decision of a
			 principal or his/her designee regarding any of the provisions contained in
			 603 CMR
			 23.00 is not satisfactory in whole or in part to the
			 eligible student or parent, they shall have the right of appeal to the
			 superintendent of schools. Request for such appeal shall be in writing to the
			 superintendent of schools.
(2) The
			 superintendent of schools or his/her designee shall within two weeks after
			 being notified of such appeal (longer should the appellant request a delay)
			 review the issues presented and render a written decision to the appellant,
			 stating the reason or reasons for the decision. If the decision is in favor of
			 the appellant, the superintendent of schools or his/her designee shall promptly
			 take such steps as may be necessary to put the decision into effect.
(3) In the event that the decision of the
			 superintendent of schools or his/her designee is not satisfactory to the
			 appellant in whole or in part, the appellant shall have the right of appeal to
			 the school committee. Request for such appeal shall be in writing to the
			 chairperson of the school committee.
(4) The school committee shall within four
			 weeks after being notified of such appeal (longer should the appellant request
			 a delay) conduct a fair hearing to decide the issues presented by the
			 appellant.
(a) School officials shall have
			 the burden of proof on issues presented by the appellant.
(b) The appellant shall have the right to be
			 represented by an advocate of his/her choosing, to cross-examine witnesses, to
			 present evidence, to make a tape or other recording of the proceedings, and to
			 receive a written decision within two weeks after the hearing.
(c) If the appeal concerns statements by an
			 employee of the school committee, such person(s) shall have the right to be
			 present and to have an advocate of his/her own choosing.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 23.00 - Student Records › Section 23.10 - Notification

Current through Register 1525, July 5, 2024
(1) At least once during every school year,
			 the school shall publish and distribute to students and their parents in their
			 primary language a routine information letter informing them of the following:
(a) The standardized testing programs and
			 research studies to be conducted during the year and other routine information
			 to be collected or solicited from the student during the year.
(b) The general provisions of
			 603 CMR
			 23.00 regarding parent and student rights, and that
			 copies of
			 603 CMR
			 23.00 are available to them from the school.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 23.00 - Student Records › Section 23.11 - Monitoring

Current through Register 1525, July 5, 2024
The Department of Elementary and Secondary Education may,
				pursuant to a request by an eligible student or parent or on its own
				initiative, conduct reviews to insure compliance with
				603 CMR
				23.00. The school committee and the specific school(s)
				involved shall cooperate to the fullest extent with such
				review.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 23.00 - Student Records › Section 23.12 - Severance Clause

Current through Register 1525, July 5, 2024
The provisions of
				603 CMR
				23.00 are severable and should any section be found
				upon judicial review to exceed the authority of the State Board of Education,
				the remaining sections shall not be affected.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 26.00 - Access To Equal Educational Opportunity › Section 26.01 - Purpose and Construction; Definition

Current through Register 1525, July 5, 2024
(1)
								603 CMR 26.00 is promulgated
			 to insure that the public schools of the Commonwealth do not discriminate
			 against students on the basis of race, color, sex, gender identity, religion,
			 national origin or sexual orientation and that all students have equal rights
			 of access and equal enjoyment of the opportunities, advantages, privileges and
			 courses of study at such schools.
			 603 CMR 26.00 shall be
			 liberally construed for these purposes.
(2) The obligation to comply with
			 603 CMR 26.00 is not obviated
			 or alleviated by any local law or rule or regulation of any organization, club,
			 athletic or other league or association that would limit the eligibility or
			 participation of any student on the basis of race, color, sex, gender identity,
			 religion, national origin or sexual orientation.
(3) For purposes of 603 CMR 26.01, gender
			 identity shall mean a person's gender-related identity, appearance or behavior,
			 whether or not that gender-related identity, appearance or behavior is
			 different from that traditionally associated with the person's physiology or
			 assigned sex at birth. Gender-related identity may be shown by providing
			 evidence including, but not limited to, medical history, care or treatment of
			 the gender-related identity, consistent and uniform assertion of the
			 gender-related identity, or any other evidence that the gender-related identity
			 is sincerely held as part of a person's core identity; provided, however, that
			 gender-related identity shall not be asserted for any improper
			 purpose.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 26.00 - Access To Equal Educational Opportunity › Section 26.02 - School Admissions

Current through Register 1525, July 5, 2024
(1) All public
			 schools in the Commonwealth shall admit students without regard to race, color,
			 sex, gender identity, religion, national origin or sexual orientation. This
			 includes, but is not limited to charter, elementary, secondary, trade, regional
			 vocational-technical schools and selective academic high schools.
(2) No school shall discourage in any express
			 or implied manner, applicants for admission because of race, color, sex, gender
			 identity, religion, national origin or sexual orientation. Written materials
			 and other media used to publicize a school shall specifically affirm that the
			 school does not discriminate on the basis of race, color, sex, gender identity,
			 religion, national origin or sexual orientation.
(3) The national citizenship of any applicant
			 shall not be a criterion for admission to any public school nor shall national
			 citizenship be a factor in the assignment or availability of courses of study
			 or extra-curricular activities.
(4)
			 Any standards used as part of the admissions process, including but not limited
			 to testing, the use of recommendations and interviewing, to any public school
			 (as referred to in 603 CMR 26.02(1) ) shall not discriminate on the basis of
			 race, color, sex, gender identity, religion, national origin or sexual
			 orientation. A student's limited English-speaking ability (as defined by M.G.L.
			 c. 71A) shall not be a deterrent to or limitation on a student's admission to a
			 public school.
(5) In determining
			 whether a student satisfies any criteria for admission to selective academic
			 high schools, regional vocational technical schools, trade schools and charter
			 schools, or in making any offer of admission to such a school, public school
			 officials shall not treat a student differently from another based on the
			 student's race, color, sex, gender identity, religion, national origin or
			 sexual orientation. Public schools shall not use admission criteria that have
			 the effect of subjecting students to discrimination because of their race,
			 color, sex, gender identity, religion, national origin or sexual
			 orientation.
(6) Nothing in
			 603 CMR 26.00 shall control
			 the interpretation of or interfere with the implementation of M.G.L. c. 71,
			 § 37C and related statutes, providing for the elimination of racial
			 imbalance in public schools, or M.G.L. c. 71A, providing for the establishment
			 of transitional bilingual education programs in public schools, all rules and
			 regulations promulgated in respect thereto and all court and administrative
			 decisions construing or relating thereto.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 26.00 - Access To Equal Educational Opportunity › Section 26.03 - Admission to Courses of Study

Current through Register 1525, July 5, 2024
(1) All courses
			 of study offered by a public school shall be open and available to students
			 regardless of race, color, sex, gender identity, religion, national origin or
			 sexual orientation.
(2) A public
			 school shall determine what courses or units of study are required of a student
			 without regard to the race, color, sex, gender identity, religion, national
			 origin or sexual orientation of that student.
(3) A public school shall not schedule
			 students into courses or units of study on the basis of race, color, sex,
			 gender identity, religion, national origin or sexual orientation.
(4) No student, on the basis of race, color,
			 sex, gender identity, religion, national origin, limited English-speaking
			 ability or sexual orientation, shall be discriminated against in accessing the
			 courses of study and other opportunities available through the school system of
			 the city or town in which he or she resides.
(5) Nothing in 603 CMR 26.03 shall be
			 construed to prevent schools from providing separately to each sex those
			 segments of a program of instruction dealing exclusively with human
			 sexuality.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 26.00 - Access To Equal Educational Opportunity › Section 26.04 - Career and Educational Guidance

Current through Register 1525, July 5, 2024
(1)
			 Guidance counselors and other personnel shall represent to students a broad
			 spectrum of education and career opportunities. School personnel shall not
			 present race, color, sex, gender identity, religion, national origin or sexual
			 orientation as limiting factors in career determination.
(2) No materials, tests or procedures shall
			 be employed for guidance purposes that discriminate and/or limit choices on the
			 basis of race, color, sex, gender identity, religion, national origin or sexual
			 orientation.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 26.00 - Access To Equal Educational Opportunity › Section 26.05 - Curricula

Current through Register 1525, July 5, 2024
(1) All public school systems shall, through
			 their curricula, encourage respect for the human and civil rights of all
			 individuals regardless of race, color, sex, gender identity, religion, national
			 origin or sexual orientation.
(2)
			 Teachers shall review all instructional and educational materials for
			 simplistic and demeaning generalizations, lacking intellectual merit, on the
			 basis of race, color, sex, gender identity, religion, national origin or sexual
			 orientation. Appropriate activities, discussions and/or supplementary materials
			 shall be used to provide balance and context for any such stereotypes depicted
			 in such materials.
(3) Each school
			 shall provide equal opportunity for physical education for all students. Goals,
			 objectives and skill development standards, where used, shall neither be
			 designated on the basis of sex, gender identity, nor designed to have an
			 adverse impact on members of either sex.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 26.00 - Access To Equal Educational Opportunity › Section 26.06 - Extra-curricular Activities

Current through Register 1525, July 5, 2024
(1) Advantages and
			 privileges of public schools include all extra-curricular activities made
			 available, sponsored or supervised by any public school. No school shall
			 sponsor or participate in the organization of outside extra-curricular
			 activities conducted at such school that restrict student participation on the
			 basis of race, color, sex, gender identity, religion, national origin or sexual
			 orientation. 603 CMR 26.06(1) does not prohibit school committees from allowing
			 use of school premises by independent groups with restrictive
			 membership.
(2) No student shall be
			 denied the opportunity in any implied or explicit manner to participate in an
			 extra-curricular activity because of the race, color, sex, gender identity,
			 religion, national origin or sexual orientation of the student except as
			 provided in 603 CMR 26.06(5). Participation in extra-curricular activities
			 shall be actively encouraged by each school for all students regardless of
			 race, color, sex, gender identity, religion, national origin or sexual
			 orientation.
(3) Each school system
			 shall provide equal opportunity for male and female students to participate in
			 intramural and interscholastic sports.
(4) In order to provide equal athletic
			 opportunity, public schools that operate or sponsor intramural or
			 interscholastic sports teams shall ensure that budgetary allocations and the
			 provision of athletic activities and services are fairly distributed between
			 students of both sexes based upon student interests and abilities.
(5) A school may establish or sponsor
			 separate teams for males and females for interscholastic and intramural
			 competition in a particular sport where selection for the team is based upon
			 competitive skill provided that the requirements of 603 CMR 26.06(6) are
			 satisfied. A student shall have the opportunity to participate on the team that
			 is consistent with the student's gender identity.
(6) Teams comprised primarily or solely of
			 students of one sex shall be granted equal instruction, training, coaching,
			 access to available facilities, equipment and opportunities to practice and
			 compete as teams engaged in a similar activity comprised primarily or solely of
			 students of the opposite sex.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 26.00 - Access To Equal Educational Opportunity › Section 26.08 - Notification and Complaint Procedure

Current through Register 1525, July 5, 2024
(1) The
			 superintendent shall be responsible for ensuring that all school handbooks and
			 codes of conduct reference M.G.L. c. 76, § 5 and affirmatively state and
			 explain the school's obligations under M.G.L. c. 76, § 5. In order to
			 ensure that such obligations are fulfilled, all school handbooks and codes of
			 conduct shall also contain the following:
(a)
			 A nondiscrimination policy that is consistent with M.G.L. c. 76, § 5 and
			 affirms the school's non-tolerance for harassment or discrimination, including
			 that based upon race, color, sex, gender identity, religion, national origin or
			 sexual orientation; and
(b) The
			 school's procedure for accepting, investigating and resolving complaints
			 alleging discrimination or harassment; and
(c) The disciplinary measures that the school
			 may impose if it determines that harassment or discrimination has
			 occurred.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 26.00 - Access To Equal Educational Opportunity › Section 26.09 - Private Right of Enforcement

Current through Register 1525, July 5, 2024
Nothing in
				603 CMR 26.00 shall abridge
				or in any way limit the right of a parent, guardian, or person affected to seek
				enforcement of M.G.L. c. 76, § 5 in any court or administrative agency of
				competent jurisdiction.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 27.00 - Student Learning Time › Section 27.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
								603 CMR
			 27.00 is promulgated by the Board of Elementary and
			 Secondary Education pursuant to M.G.L. c. 69, § 1G, which requires the
			 Board to establish the minimum length for a school day and the minimum number
			 of days in a school year for Massachusetts public schools, and M.G.L. c. 69,
			 § 1B, which requires the Board to establish standards to ensure that every
			 student shall attend classes in a safe environment.
(2) The purposes of
			 603 CMR
			 27.00 are:
(a) to
			 ensure that every public school in the Commonwealth provides its students with
			 the structured learning time needed to enable the students to achieve
			 competency in "core subjects" and "other subjects" as defined in
			 603 CMR 27.02;
			 and
(b) to establish health and
			 safety standards for schools during a declared state of emergency or other
			 exigent circumstances that adversely affect the safe environment of schools as
			 determined by the Board.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 27.00 - Student Learning Time › Section 27.03 - School Year Requirements

Current through Register 1525, July 5, 2024
(1) Prior to the
			 beginning of each school year, every school committee shall establish school
			 year schedules for each of the public schools under its supervision and
			 control, based on the particular learning needs of students within each school.
			 In determining the school year schedule for each school, the school committee
			 shall be guided by the student learning time plan recommended by the school
			 council for each school, and shall attempt to maximize high quality teaching,
			 learning, and professional development opportunities.
(2) Every school committee shall schedule a
			 school year which includes at least 185 school days at each elementary, middle,
			 and secondary school within the school district.
(3) Every school committee shall operate the
			 schools within its district at least 180 school days in a school
			 year.
(4) School committees are
			 encouraged to exceed the minimum number of school days wherever possible, and
			 to offer extended day and extended year programs that expand student learning
			 opportunities.
(5) A school
			 committee may establish a separate school year and school day schedule for
			 kindergarten programs which it maintains pursuant to
			 603 CMR 8.00:
Kindergartens: Minimum School Age
, so long as it provides a
			 minimum of 425 annual hours of structured learning time. In those school
			 districts which schedule two sessions of kindergarten daily, the school
			 committee shall adopt a schedule for its kindergarten programs which ensures
			 equal instructional time for all kindergarten students.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 27.00 - Student Learning Time › Section 27.04 - Structured Learning Time Requirements

Current through Register 1525, July 5, 2024
(1)
			 No later than the 1997 - 1998 school year, schools shall ensure that "every
			 elementary school student" is scheduled to receive a minimum of 900 hours per
			 school year of structured learning time, as defined in
			 603 CMR 27.02. Time
			 which a student spends at school breakfast and lunch, passing between classes,
			 in homeroom, at recess, in non-directed study periods, receiving school
			 services, and participating in optional school programs shall not count toward
			 meeting the minimum structured learning time requirement for that
			 student.
(2) No later than the 1997
			 - 1998 school year, all schools shall ensure that "every secondary school
			 student" is scheduled to receive a minimum of 990 hours per school year of
			 structured learning time, as defined in
			 603 CMR 27.02. Time
			 which a student spends at school breakfast and lunch, passing between classes,
			 in homeroom, at recess, in non-directed study periods, receiving school
			 services, and participating in optional school programs shall not count toward
			 meeting the minimum structured learning time requirement for that
			 student.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 27.00 - Student Learning Time › Section 27.05 - Early Release of High School Seniors

Current through Register 1525, July 5, 2024
(1) As a matter
			 of policy, the Board encourages school districts to schedule high school
			 graduation as close as possible to the scheduled closing date of the high
			 school to maximize the learning time offered to graduating seniors and minimize
			 the disruption of instruction provided to other students.
(2) Notwithstanding the minimum school year
			 requirements set forth in
			 603 CMR
			 27.03 and
			 27.04(2),
			 at the discretion of the school committee, the scheduled school year for the
			 graduating senior class of a high school or vocational/technical school may
			 conclude, and the school graduation may be held, up to 12 school days before
			 the regular scheduled closing date of that school.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 27.00 - Student Learning Time › Section 27.06 - Waivers or Modifications

Current through Register 1525, July 5, 2024
(1) The Board may,
			 upon the written application of a school committee and the recommendation of
			 the Commissioner of Education, grant a waiver of any requirements set forth in
			 603 CMR
			 27.00 for good cause. School committees are encouraged
			 to apply for waivers, as needed, to permit the district to initiate innovative
			 programs or schedules intended to improve student learning.
(2) Upon the written request of a school
			 district, the Commissioner of Education may, in his or her discretion, grant a
			 waiver of the minimum school year requirement set forth in
			 603 CMR 27.03(3)
			  in situations where an emergency or
			 extraordinary circumstance forces the closing of one or more of the district's
			 schools.
(3) Upon a declaration by
			 the Governor that an emergency exists which is detrimental to the public
			 health, or upon a determination by the Board that exigent circumstances exist
			 that adversely affect the ability of students to attend classes in a safe
			 environment, unless additional health and safety measures are put in place, the
			 Commissioner may modify the minimum school year and structured learning time
			 requirements set forth in
			 603 CMR
			 27.03 and
			 27.04.
(4) Upon the written request of a school
			 district, the Commissioner may, in his or her discretion, grant a waiver of the
			 requirements set forth in 603 CMR 27.08(2)(d), 603 CMR 27.08(3)(a)1. and 603
			 CMR 27.08(3)(b)5. and 6.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 27.00 - Student Learning Time › Section 27.07 - Implementation

Current through Register 1525, July 5, 2024
(1) The requirements set forth in
			 603 CMR
			 27.00 shall be effective July 1, 1995, and shall
			 govern the operation of all public schools within the Commonwealth of
			 Massachusetts beginning with the 1995 - 1996 school year, with the exception of
			 the structured learning time requirements set out in
			 603 CMR
			 27.04, which shall be effective July 1,
			 1997.
(2) During the 1995 - 1996
			 and 1996 - 1997 school years, schools and school districts are urged to meet
			 the structured learning time requirements set out in
			 603 CMR
			 27.04 to the extent feasible. However, the
			 following minimum learning time requirements, rather than those set out in
			 603 CMR
			 27.04(1) and (2), shall
			 apply during the 1995 - 1996 and 1996 - 1997 school years:
(a)
Elementary
			 Schools
shall offer to all enrolled students a minimum of 900
			 hours per school year of learning time. Structured learning time, as defined in
			 603 CMR 27.02 shall
			 be the focus of that time, but time spent delivering school services other than
			 those listed below and offering optional school programs may also be counted
			 toward meeting the minimum learning time requirement. Time scheduled for school
			 breakfast and lunch, passing between classes, homeroom, and recess will not
			 count toward meeting the minimum learning time requirement.
(b)
Secondary
			 Schools
shall offer to all enrolled students a minimum of 990
			 hours per school year of learning time. Structured learning time, as defined in
			 603 CMR 27.02 shall
			 be the focus of that time, but time spent delivering school services other than
			 those listed below and offering optional school programs may also be counted
			 toward meeting the minimum learning time requirement. Time scheduled for school
			 breakfast and lunch, passing between classes, homeroom, and recess will not
			 count toward meeting the minimum learning time requirement.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 27.00 - Student Learning Time › Section 27.08 - Health and Safety Standards during a State of Emergency or Other Exigent Circumstances

Current through Register 1525, July 5, 2024
(1) Upon a
			 declaration by the Governor that an emergency exists which is detrimental to
			 the public health, or upon a determination by the Board that exigent
			 circumstances exist that adversely affect the ability of students to attend
			 classes in a safe environment, unless additional health and safety measures are
			 put in place, the Commissioner, in consultation with medical experts and state
			 health officials, shall issue health and safety requirements and related
			 guidance for districts.
(2) Upon
			 such a declaration by the Governor or determination by the Board, the
			 Commissioner shall require each district to develop and submit a plan that
			 prioritizes providing in-person instruction to all students in a safe
			 environment. The plan shall include:
(a)
			 health and safety procedures that are consistent with the requirements issued
			 by the Commissioner; and
(b) a
			 description of the in-person learning model the district will use to provide
			 instruction to students. The in-person learning model shall mean all students
			 receive in-person instruction in school environments that have been
			 appropriately modified to address health and safety requirements issued by the
			 Commissioner.
(c) The Commissioner
			 may require districts to include the alternative education models set forth in
			 603 CMR 27.08(3) in their plans, to address circumstances in which students
			 cannot safely attend classes in an in-person setting.
(d) Where the Commissioner has required
			 districts to include alternative education models in their plans, the
			 Commissioner shall, from time to time, consult with medical experts and state
			 health officials, to determine whether students can safely attend classes in an
			 in-person setting with health and safety requirements. If the Commissioner
			 concludes that students may safely attend classes in an in-person setting with
			 health and safety requirements issued by the Commissioner pursuant to 603 CMR
			 27.08(2)(d), then he or she may, with prior written notice to the Board, notify
			 districts that they may no longer use one or more of the alternative education
			 models, in whole or in part, to meet the minimum school year and structured
			 learning time requirements set forth in
			 603 CMR
			 27.03 and
			 27.04.
			 Notwithstanding the foregoing, districts and schools may provide remote
			 learning pursuant to a remote learning model for the remainder of the 2020 -
			 2021 school year to those students whose parent or guardian selects remote
			 learning for their student.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 28.00 - Special education › Section 28.01 - Authority, Scope and Purpose

Current through Register 1525, July 5, 2024
(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. The
			 requirements set forth in
			 603 CMR
			 28.00 are in addition to, or in some instances clarify
			 or further elaborate, the special education rights and responsibilities set
			 forth in state statute (M.G.L. c. 71B), federal statute (
			 20 U.S.C.
			 §1400 et seq., and federal regulations (
			 34 CFR § 300 et seq.).
(3) The
			 purpose of
			 603 CMR
			 28.00 is to ensure that eligible Massachusetts
			 students receive special education services designed to develop the student's
			 individual educational potential in the least restrictive environment in
			 accordance with applicable state and federal laws.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 28.00 - Special education › Section 28.03 - School District Administration and Personnel

Current through Register 1525, July 5, 2024
(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.
1. The
			 school district shall provide training to all school district staff, including
			 general and special educators, administrators, and paraprofessionals, on the
			 requirements of special education.
2. The school district shall provide such
			 staff training in analyzing and accommodating diverse learning needs of all
			 students in the general education classroom.
3. The school district shall provide such
			 staff training in methods of collaboration among teachers, paraprofessionals,
			 and teacher assistants to accommodate diverse learning needs.
4. The district shall conduct, in cooperation
			 with the parent advisory council, at least one workshop annually within the
			 school district on the rights of students and their parents and guardians under
			 state and federal special education laws.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 28.00 - Special education › Section 28.04 - Referral and Evaluation

Current through Register 1525, July 5, 2024
(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.
(b) The
			 notice required by 603 CMR 28.04(1)(a) shall meet all of the content
			 requirements set forth in M.G.L. c. 71B, § 3, and in federal law and shall
			 seek the consent of a parent for the evaluation to occur, and provide the
			 parents with the opportunity to express any concerns or provide information on
			 the student's skills or abilities.
(c) School districts shall provide the
			 student's parents with an opportunity to consult with the Special Education
			 Administrator or his/her designee to discuss the reasons for the referral, the
			 content of the proposed evaluation, and the evaluators used.
(d) Upon referral, school districts shall
			 evaluate children who are 2% years of age and who may be receiving services
			 through an early intervention program. An initial evaluation shall be conducted
			 in order to ensure that if such child is found eligible, special education
			 services begin promptly at age three.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 28.00 - Special education › Section 28.07 - Parent Involvement

Current through Register 1525, July 5, 2024
(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. Written parental consent shall be obtained
			 before conducting a reevaluation and before placing a student in a special
			 education placement subsequent to the initial placement in special education.
1. The school district shall obtain consent
			 before initiating extended evaluation services as described in
			 603 CMR
			 28.05(2)(b).
2. A parent may revoke consent at any time.
			 Except for initial evaluation and initial placement, and as prescribed by
			 603 CMR
			 28.00, consent may not be required as a condition of
			 any benefit to the student.
3.
			 Parents have the right to observe any program(s) proposed for their child if
			 the child is identified as eligible for special education services.
4. A parent may discontinue special education
			 and related services provided to his or her child by notifying the school
			 district in writing that the parent revokes consent to the continued provision
			 of all special education and related services to the child. The school district
			 shall respond promptly by sending notice to the parent of the district's
			 intention to discontinue all special education and related services to the
			 student ten school days from the date of the district's notice based on the
			 parent's revocation of consent. The school district may not challenge the
			 parent's decision through the dispute resolution processes provided under
			 603 CMR
			 28.08. Nothing in
			 603 CMR
			 28.00 shall prevent a school district and a parent
			 from meeting to discuss discontinuation of all special education and related
			 services provided the parent's participation is voluntary.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 28.00 - Special education › Section 28.09 - Approval of Public and Private Day and Residential Special Education School Programs

Current through Register 1525, July 5, 2024
(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. Approval shall be granted by the
			 Department in accordance with the provisions of 603 CMR 28.09. Upon receipt of
			 approval special education schools are eligible to enroll publicly funded
			 Massachusetts eligible students. Approval does not relieve special education
			 schools of their obligation to comply with other applicable state or federal
			 statutory or regulatory requirements or requirements set forth in their
			 contracts with referral sources.
(a)
Limited Approval for Out-of-state Programs
. The
			 Department may grant approval to public and private day and residential schools
			 providing special education services (special education schools) in states
			 other than Massachusetts in the following circumstances.
1. An out-of-state program, in cooperation
			 with a Massachusetts school district, seeks approvaI from the Department. The
			 following documentation is required.
a.
			 Written verification by the Massachusetts school district of its intent to
			 place an eligible Massachusetts student in the out-of-state program.
b. Documentation from the program that the
			 host state has approved the program to provide services to students with
			 disabilities. If the host state does not have an approval process, then the
			 program must provide documentation of reputable accreditation.
c. Documentation of tuition rate approved by
			 the host state. If the host state does not approve or otherwise regulate
			 tuition rates, then the program shall provide documentation meeting the
			 requirements of the Massachusetts agency responsible for setting rates for
			 special education schools and showing that the proposed rate is the lowest rate
			 charged to any enrolled student for similar services.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 28.00 - Special education › Section 28.10 - School District Responsibility

Current through Register 1525, July 5, 2024
(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.
(b) Nothing in 603
			 CMR 28.10 shall limit the right of the student to timely evaluation, services
			 and placement in accordance with
			 603 CMR
			 28.00.
(c)
			 Nothing in 603 CMR 28.10 shall be interpreted to assign responsibility to
			 school districts for any educational service or program other than services or
			 programs provided under state or federal special education law.
(d) Any school district deemed responsible
			 for a student under 603 CMR 28.10 shall continue responsibility for such
			 student until another school district is deemed responsible under 603 CMR
			 28.10.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 30.00 - Massachusetts Comprehensive Assessment and Standards for Competency Determination › Section 30.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
603 CMR 30.00 establishes
				standards relating to the Competency Determination required by M.G.L. c. 69,
				§ 1D.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 30.00 - Massachusetts Comprehensive Assessment and Standards for Competency Determination › Section 30.03 - Standards for Competency Determination

Current through Register 1525, July 5, 2024
(1)
			 Students in the graduating classes of 2003 through 2009 shall meet or exceed
			 the Needs Improvement threshold scaled score of 220 on both the English
			 Language Arts and the Mathematics MCAS grade 10 tests in order to satisfy the
			 requirements of the Competency Determination.
(2) Students starting with the graduating
			 class of 2010 must satisfy one of the following two conditions in both English
			 language arts and mathematics to earn a competency determination.
(a) meet or exceed the Proficient threshold
			 scaled score of 240 on the English Language Arts and Mathematics grade 10 MCAS
			 tests; or
(b) meet or exceed the
			 Needs Improvement threshold scaled score of 220 on the English Language Arts
			 and Mathematics grade 10 MCAS tests and fulfill the requirements of an
			 Educational Proficiency Plan.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 30.00 - Massachusetts Comprehensive Assessment and Standards for Competency Determination › Section 30.04 - Score Appeals

Current through Register 1525, July 5, 2024
(1) A score appeal
			 addresses a claim concerning:
(a) mis-scoring
			 of a student's response to one or more MCAS grade 10 English Language Arts or
			 Mathematics test items (multiple choice, short answer, composition);
			 or
(b) miscalculation of a
			 student's total raw score, scaled score, or both, for the MCAS grade 10 English
			 Language Arts or Mathematics test.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 31.00 - Massachusetts Certificate of Mastery and State Seal of Biliteracy › Section 31.01 - Scope and Purposes

Current through Register 1525, July 5, 2024
(1)
								603 CMR 31.00 establishes the
			 criteria for the Certificate of Mastery and the State Seal of
			 Biliteracy.
(2) The purposes of the
			 Certificate of Mastery are to:
(a) Recognize
			 high academic achievement;
(b)
			 Motivate students to perform to their best abilities on MCAS and other measures
			 throughout high school;
(c)
			 Recognize high academic achievement in areas not included in MCAS;
			 and
(d) Recognize high academic
			 achievement as identified by outside forums, including competitions, student
			 publications, and awards.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 31.00 - Massachusetts Certificate of Mastery and State Seal of Biliteracy › Section 31.02 - Definitions

Current through Register 1525, July 5, 2024
ACTFL Proficiency Guidelines
.
				Descriptions of what individuals can do with language in terms of speaking,
				writing, listening, and reading in real-world situations in a spontaneous and
				non-rehearsed context published by the American Council of the Teaching of
				Foreign Languages (ACTFL).
Advanced Placement (AP) Exam
. An
				examination in subject matter produced by the College Board.
Arts/Humanities
. Literature,
				composition, history, social science, foreign language and the arts.
Board
. The Massachusetts Board of
				Elementary and Secondary Education, appointed in accordance with M.G.L. c. 15,
				§ 1E.
Certificate of Mastery
. An award given
				to students demonstrating mastery across several content areas, including
				arts/humanities and mathematics/science through performance on MCAS, other
				achievement tests, and other forms of high academic, literary, or artistic
				achievement.
College Board
. A membership
				organization made up of high schools and colleges.
Commissioner
. The Commissioner of
				Elementary and Secondary Education or his or her designee.
Department
. The Massachusetts
				Department of Elementary and Secondary Education.
Mathematics/Science
. Mathematics,
				science, engineering and computer science.
MCAS
. The Massachusetts Comprehensive
				Assessment System, the statewide assessment of individual students' academic
				performance, as required by M.G.L. c. 69, § 1I.
Other Achievements
. Recognition of
				high academic, literary, or artistic accomplishments as validated by activities
				outside the student's school, other than through standardized tests.
School District
. A municipal school
				department or regional school district, acting through its school committee or
				superintendent of schools; a county agricultural school, acting through its
				board of trustees or superintendent/director; or a charter school or a
				Commonwealth of Massachusetts virtual school, acting through its board of
				trustees.
State Seal of Biliteracy
. An award
				given by school districts to students who have attained a high level of
				proficiency in English and not less than one other language in addition to
				English.
Student
. A Massachusetts resident who
				attends secondary school.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 31.00 - Massachusetts Certificate of Mastery and State Seal of Biliteracy › Section 31.03 - Criteria for the Stanley J. Koplik Certificate of Mastery

Current through Register 1525, July 5, 2024
Beginning with the students in the Class of 2009, to be
				eligible for a Certificate of Mastery, a student must earn a competency
				determination and:
(1) Meet the
			 following criteria:
(a) For members of the
			 classes of 2009 through 2025, score "Advanced" or its equivalent on at least
			 one grade 10 MCAS test subject, and score "Proficient" or "Advanced" or their
			 equivalent on the remaining subjects tested in the grade 10 MCAS.
(b) For members of the classes of 2026 and
			 beyond, students must score Exceeding Expectations on at least one grade 10
			 MCAS test subject, and score Meeting Expectations or Exceeding Expectations on
			 the remaining subjects tested in the grade 10 MCAS; and