Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 18.00 - Program and safety standards for approved public or private day and residential special education school programs › Section 18.02 - Definitions

Current through Register 1525, July 5, 2024
Approved Private Special Education
				School
or
Approved Program
shall mean a
				private day or residential school, within or outside Massachusetts, that has
				applied to, and received approval from, the Department according to the
				requirements specified in
				603
				CMR 28.09:
Approval of Public or
				Private Day and Residential Special Education School Programs
.
Approved Public Special Education
				School
shall mean a program operated by a public school or an
				educational collaborative providing full day or residential special education
				services to eligible students in a facility serving primarily students with
				disabilities. Such program shall be approved when it has applied to, and
				received approval from, the Department according to the requirements specified
				in
				603
				CMR 28.09:
Approval of Public or
				Private Day and Residential Special Education School Programs
.
Consent
shall mean agreement by a
				parent who has been fully informed of all information relevant to the activity
				for which agreement is sought, in his or her native language or other mode of
				communication, that the parent understands and agrees in writing to the
				carrying out of the activity, and understands that the agreement is voluntary
				and may be revoked at any time. The agreement describes the activity and lists
				the records (if any) which will be released and to whom. In seeking parental
				consent, a public education program shall not condition admission or continued
				enrollment upon agreement to the proposed use of any restraint.
Day
shall mean calendar day unless 603
				CMR 18.00 specifies
School Day
, which shall mean any
				day, including a partial day, that students are in attendance at school for
				instructional purposes.
Department
shall mean the
				Massachusetts Department of Education.
District
or
School
				District
shall mean a Massachusetts 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; and any other Massachusetts public school
				established by statute or charter, acting through its governing board or
				director.
Eligible Student
shall mean a person
				aged three through three through 21 who has not attained a high school diploma
				or its equivalent, who has been determined by an IEP Team to have a
				disability(ies), and as a consequence is unable to progress effectively in the
				general education program without specially designed instruction or is unable
				to access the general curriculum without a related service. An eligible student
				shall have the right to receive special education and any related services that
				are necessary for the student to benefit from special education or that are
				necessary for the student to access the general curriculum. In determining
				eligibility, the school district must thoroughly evaluate and provide a
				narrative description of the student's educational and developmental
				potential.
Emergency Termination
shall mean
				removal of a student from a program due to an unplanned circumstance, including
				a student endangering his/her physical health or safety or endangering the
				physical health or safety of others.
Individualized Education Program (IEP)
shall mean a written statement, developed and approved in accordance with
				federal special education law in a form established by the Department that
				identifies a student's special education needs and describes the services a
				school district shall provide to meet those needs.
Parent
shall mean father, mother,
				guardian, person acting as a parent of the child, or an educational surrogate
				parent appointed in accordance with federal law. For students in the Department
				of Children and Families care or custody, an Educational Surrogate Parent's
				authority to act as a parent is limited to special education decision-making.
				When the father and mother are not living together, the parent shall be the
				father or mother with legal custody of the child for the purposes of
				educational decision-making. In the absence of any court decree to the
				contrary, legal authority of the parent shall transfer to the student when the
				student reaches 18 years of age.