Education Laws and Regulations

Notice of Public Comment for Proposed Amendments to 603 CMR 28.00

Pursuant to its authority under M.G.L. c. 69, § 1B, and in accordance with the Administrative Procedure Act, M.G.L. c. 30A, § 3, the Massachusetts Board of Elementary and Secondary Education is soliciting public comment on proposed amendments to 603 CMR 28.00, Special Education Regulations, specifically 603 CMR 28.10, to Align with ESSA Foster Care Provisions. The proposed amendments to 603 CMR 28.10 Download Word Document, pertaining to the assignment of school district responsibility for students in foster care who have Individualized Education Programs (IEPs), are intended to:
  • clarify programmatic and financial responsibility for the special education services of students in foster care;
  • resolve a conflict between the current state regulation and new provisions in federal law (ESSA, the Every Student Succeeds Act) relating to students in foster care; and
  • simplify, and provide consistency and predictability for, the process of assigning responsibility to school districts for the special education of students in foster care.
Copies of the proposed amendments are available on the Department's web site, or by calling 781-338-3375. Written comments on the proposed amendments may be submitted by mail to Teri Williams Valentine, Special Education Planning and Policy Office, Department of Elementary and Secondary Education, 75 Pleasant Street, Malden, MA 02148, by fax to: 781-338-3318 or by e-mail to: The deadline for submission of public comment is January 19, 2018. The Board is expected to vote on the proposed amendments at its regular monthly meeting scheduled for February 27, 2018.

Last Updated: November 29, 2017

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