71bsection3

Chapter 71b. Children with Special Needs
Chapter 71b: Section 3. Identification of school age children with a disability; diagnosis of disability; proposal of of program; evaluations and assessments of child and program


 * identify those with a disability
 * diagnose & evaluate needs of children
 * propose a SPED program to meet the needs of students
 * provide for such program
 * maintain a record
 * monitor and enforce compliance with this section no less than every 3 years
 * this includes investigations, on-site visits, public hearing
 * provide assistance in planning and implementing SPED services
 * cannot refuse admission of child with disability
 * child removed cannot be denied alternative forms of education (tutoring program, state institution)
 * no child can be placed in a SPED program without consultation, evaluation, re-evaluation and consent
 * within 5 days of referral of a child, school committee must notify parents/guardians in writing, the evaluation procedure to be followed, and the child's right to an independent evaluation
 * within 30 days evaluation must take place
 * if child requires services, services must be provided
 * upon completion of evaluation, parents may obtain another evaluation at school committee expense


 * parent may refuse ed. program suggested by initial evaluation and request a hearing by the dept.
 * hearing may take place & order placement services they deem appropriate
 * if parents reject educ. placement - can go superior court and the court can authorize placement of a child
 * educ. progress of any child must be reviewed annually
 * evaluations must remain confidential
 * school committee of any city, town or school district shall establish a parent advisory council on special education