Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 28.00 - Special education › Section 28.05 - The Team Process and Development of the IEP

Current through Register 1525, July 5, 2024
(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. The evaluation assessments shall be completed within 30 school
			 working days after receipt of parental consent for evaluation. Summaries of
			 such assessments shall be completed so as to ensure their availability to
			 parents at least two days prior to the Team meeting. If consent is received
			 within 30 to 45 school working days before the end of the school year, the
			 school district shall ensure that a Team meeting is scheduled so as to allow
			 for the provision of a proposed IEP or written notice of the finding that the
			 student is not eligible no later than 14 days after the end of the school
			 year.
(2)
Determinations of the Team.
(a)
Eligibility
			 Determination
. The Team shall examine the evaluative data,
			 including information provided by the parent, and make one of the following
			 determinations:
1. The student is eligible.
			 If the student has one or more of the disabilities defined at
			 603 CMR 28.02(7)
			  and if, as a result of the disability(ies),
			 the student is unable to progress effectively in the general education program
			 without the provision of specially designed instruction, or is unable to access
			 the general curriculum without the provision of one or more related services,
			 the Team shall determine that the student is eligible.
a. Consistent with state and federal special
			 education law, the Team shall establish whether a student has a disability(ies)
			 as defined in
			 603 CMR
			 28.02(7), determine the
			 type(s) of disability(ies) and shall ensure that the student's inability to
			 progress is a result of the disability(ies) and not a result of an inability to
			 meet the school discipline code, limited English proficiency, social
			 maladjustment, or lack of instruction in reading or math.
b. Once eligibility has been determined, the
			 type of disability of the student shall not be used to provide a basis for
			 labeling or stigmatizing the student. Additionally, the type of disability
			 shall not define the needs of the student and shall in no way limit the
			 services, programs, or inclusion opportunities provided to the
			 student.
c. If the Team determines
			 that the student is an eligible student, the Team shall develop an
			 individualized education program (IEP).