Chapter 766
Chapter 766, Massachusetts special education law, is designed to define the needs of children requiring special education in a broad and flexible manner, to minimize the possibility of stigmatization, and to maximize the child’s development in the least restrictive environment.
The Massachusetts Department of Education has lead responsibility for ensuring that all provisions of Chapter 766 are met, for promulgating the regulations for its implementation, and for ensuring that the provisions of other state and federal special education laws are also met.
The Department coordinates the implementation of policies and procedures for the provision of a free and appropriate public education to children with special needs through specific activities as:
- providing training and technical assistance to school districts, parents, and other constituents
- monitoring, reviewing and approving local school districts’ program plans
- providing mediation and due process hearings
- establishing standards and qualifications for service providers.
Functioning in an advisory capacity to the Board of Education is the State Advisory Commission for Special Education (SAC). The SAC is responsible for advising the Department on unmet needs for special education within the Commonwealth; submitting an annual written report to the Board of Education; commenting publicly on the State Plan for special education, and the procedures for distribution of funds under Part B of the Individuals with Disabilities Education Act (IDEA), the federal special education law; and assisting the Department in developing and reporting such information as may be required by the United States Department of Education under the IDEA.
The above was used with permission of the Community Gateway: www.communitygateway.org
Transition Services and the Law
The Individuals with Disabilities Education Act (IDEA) & Chapter 766 (Ch766)
Transition services are defined under the Individuals with Disabilities Education Act (IDEA) (34 CFR 300.18) as a coordinated set of activities for a student, designed within an outcome oriented process, that promotes movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities must:
- Be based on the individual student’s needs taking into account student’s preferences and interests; and
- Include (i) instruction; (ii) community experiences, (iii) the development of employment and other post school adult living objectives, and, (iv) if appropriate, acquisition of daily living skills and functional vocational evaluation.
Transitional services described in both federal law (IDEA, see quote above) and state law (Ch766) include post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, and community participation. At age 16 (and annually until graduation), any student with an Individualized Educational Plan (IEP) is entitled to receive a set of coordinated services, based on individual needs, preferences, and interests, which will assist to prepare for adult life. These services may "include instruction, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, the acquisition of daily living skills and functional vocational evaluation" (Ch766, ¶132.0). By coordinating efforts through the education TEAM, an appropriate support schedule can be facilitated. The student’s transition needs should be discussed specifically at the TEAM meeting on an annual basis, for example, at the time of review or reevaluation).
It is essential for parents and school professionals to ensure that transitional services are discussed at the TEAM meeting and incorporated into the IEP by the time the student turns 16, although in some cases, this may be done as early as age 14. If the TEAM determines it is appropriate to plan for transition for a student younger than 16, it should still use the Statement of Needed Transition Services. Goals and objectives relating to, for example, vocational education, and requiring specially designed instruction can be addressed in the middle school years in the Annual Needed Services Statement for Instruction. The TEAM also might discuss other areas, but decide that some Annual Needed Services Statements, such as those in post-secondary education, living arrangements, and employment opportunities, should be addressed when the student reaches high school.
Although the adult service system has the major responsibility for transition planning for post-school special services, it is important to remember that schools are responsible for the transitional process up to graduation or until the student leaves school at age 22.
State law requires the IEP TEAM to include information about graduation in the IEP if a student is 14 years or older. Students with special needs do not have to graduate until they have met all the graduation requirements applicable to all students. When the student is 14 years of age, the IEP must include a statement indicating whether the student is expected to graduate; if so, the IEP must indicate what criteria must be met and must include a plan to complete the criteria. Each succeeding year prior to graduation, these criteria and the plan should be reviewed. As the student approaches graduation, the parent/guardian must receive full notice that graduation is intended and will result in a termination of the special education services. If the parent/guardian believes that the graduation criteria have not been met, then the parent/guardian may elect to refuse graduation and continue services up to age 22. The student, upon reaching age 18, assumes full authority over his/her own educational program (unless guardianship proceedings have been completed) and may independently choose (if available) or refuse graduation.
Note: The Education Reform Law may require a change in the graduation section of the IEP. Beginning with the graduating class of 1999, all students will have to demonstrate competency in the areas of mathematics, science and technology, history and social studies, English/language arts, and foreign language in order to receive a high school diploma. The Department of Education is in the process of designing and developing an assessment system that will address the impact of the competency determination graduation requirement for students with disabilities.
The above was used with permission of the Community Gateway: www.communitygateway.org