Assessment/Accountability
Program Quality Assurance Services
Compliance and Monitoring

Summary of Changes to the 2007 - 2008 Criteria Used for Massachusetts Public or Private Day or Residential Special Education School Programs

This document contains a summary of changes that have been made by Program Quality Assurance Services to the 2007 - 2008 criteria used for Massachusetts Public or Private Day or Residential Special Education School Programs.

These changed criteria appear in:

• the Application Procedures for Approval of Initial, Re-approval and Reconstructed Programs; and
• the Program and Mid-cycle Review Procedures.

Some criteria have been combined in order to reduce redundancy; other criteria have been deleted entirely; some have been significantly changed; and some criteria are totally new. We hope this summary will assist you in understanding the changes we have made.

Combined Criteria

• 1.2 Program Description now contains the criterion/elements from 8.1 Implementation-Educational Services, 8.2 Implementation-Related Services, and 8.3 Implementation-Supplementary Aids/Services, and 8.1, 8.2 and 8.3 are all now RESERVED. Furthermore, Staff Qualifications has been deleted from 1.2 since it appears in 11.4 - 11.7.
• 2.1 Legal Status is now called Legal and Financial Status, which now contains 2.4 Financial Solvency and 2.5 Financial Management and 2.4 and 2.5 are now RESERVED.
• 3.1(b) Notification has been RESERVED and the content has been added to 4.4 Advance Notice of Proposed Program/Facility Change.
• 5.1 Admissions now contain the requirement that was contained in 15.2 Orientation Procedures, and 15.2 is now RESERVED.
• 6.5 Early Release of High School Seniors is RESERVED and has been deleted, and a requirement regarding noting the last day of school for high school seniors has been added to 6.4 School Days Per Year.
• 7.2 Staff Training is a now RESERVED and its contents has been moved to 12.2 and edited.
• 8.6 Educational Case Manager is now RESERVED, as 18.1 now asks for the same information.
• 11.4(a) Professional Development Plans is now RESERVED and its contents is incorporated into 11.4.
• 11.12 Accessibility of Extracurricular Activities and 13.3 Comparability of Facilities have been combined into a new 11.12 Equal Access and 13.3 is now RESERVED.
• 11.13 Plan for Staff Coverage is now RESERVED and its contents added to 11.11 Supervision of Students.
• 12.2(g) Interns and Volunteers is now RESERVED and its contents has been moved to 12.1 Staff Orientation Training.
• 12.2(i) Staff Evaluations is now RESERVED and its contents have been added to 11.1. Personnel Policies.
• 13.2 Description of Physical Facility now has added to it the standards from 13.5 Kitchen, Dining, Bathing/Toilet, and Living Areas; 13.6 Classroom Space; and 13.8 Indoor Space.
• 18.2 Student Records (Log of access and face sheet information) is now RESERVED and the log of access portion has been incorporated into 18.1 Student Records.

Deleted Criteria

• 3.1(b) Public/Private Employment Practices has been deleted.
• 3.3 Special Education Regulations and Reference Materials is now RESERVED and has been deleted.
• 4.1 Aspects of Program, Staff Credentials and Student Records is now RESERVED and its contents has been deleted and has been added to the required Statement of Assurances.
• 4.3 Publicly Available Information is now RESERVED and has been deleted.
• 5.2 Policies & Procedures for Coordination/Collaboration with Public School Districts is now RESERVED and has been deleted.
• 5.4 Training is now RESERVED and has been deleted.
• 5.5 Staff Coordinator is now RESERVED and has been deleted.
• 6.3 Kindergarten is now RESERVED and has been deleted.
• 8.7 IEP Implementation is now RESERVED and has been deleted.
• 8.9 IEP - Revisions & Changes is now RESERVED and has been deleted.
• 10.5 Alternative Ratios is now RESERVED and has been deleted.
• 11.8 Salary Ranges is now RESERVED and has been deleted.
• 12.2(b) Details about training re. Child Abuse Reporting has been deleted and is now RESERVED. See 3.1(c) for 2007 - 2008 policy requirements in this regard.
• 12.2(e) Details about Required Training - Student Records Training is now RESERVED and has been deleted.
• 12.2(h) Details about Required Training - Child and Direct Care Staff Development and Training is now RESERVED and has been deleted.
• 13.1 Educational Facilities is now RESERVED and has been deleted.
• 15.6 Student Involvement is now RESERVED and has been deleted.
• 15.7 Consent at Age of Majority is now RESERVED and has been deleted.
• 16.8 Receipt of Medical Treatment- Religious Beliefs is now RESERVED and has been deleted.
• 16.9 Students with Comfort Care/Do Not Resuscitate Orders is now RESERVED and has been deleted.
• 16.10 Meningococcal Disease and Vaccination is now RESERVED and has been deleted.

Significantly Changed Criteria

• (For Initial and Reconstructed Programs ONLY) 1.1 Demonstration of Need for Program has been changed to reflect that both Public and Private programs must provide a written needs assessment that includes data obtained from surveying/consulting other existing educational collaboratives and approved private special education programs within the proposed program's geographical area. Private Schools must produce three letters of interest signed by public school Superintendents that are potential service purchasers.
• 3.1 Policies & Procedures Manual and 3.1(a) Contents are combined into "Policies & Procedures Manual", and 3.1(a) is now RESERVED. Policies have been added to 3.1, along with those from 8.4 Program Modifications and Support Services for Limited English Proficient Students, 8.10 IEP- Least Restrictive Environment, 8.11 IEP - Transition Planning, and 15.4 Change in Student's Legal Status.
• 3.2 Health Care Manual now has added to it a required Table of Contents and 16.1 is now RESERVED and has been deleted.
  NOTE that the word "sincere" was added to the criterion (formerly 16.8):
  Schools shall not require a student to receive medical treatment when a parent objects on the grounds of sincere religious belief, absent emergency or epidemic of disease declared by the Department of Public Health.
  NOTE that a new policy requirement has been added regarding Protection from Exposure based on Allergy to Food, Chemical or Other Material 18.05(9)(h) (And see NEW Criterion 16.11).
  NOTE that there is a new legal reference regarding the requirement that the school have a No smoking policy pursuant to G.L. c. 71, 37H (And see NEW Criterion 16.12).
• 4.5 Immediate Notification
  NOTE that psychiatric hospitalization has been deleted.
  NOTE that the following requirement was added:
  Any legal proceeding brought against the school or its employee(s) arising out of circumstances related to the care or education of any of its students regardless of state of residency.
• 7.1 Curriculum Frameworks has been modified to reflect a single requirement ensuring steps are taken to afford students essential learning opportunities towards preparing them for state graduation standards.
• 8.4 regarding LEP students was significantly changed to:
  Working with public school districts to implement necessary program modifications and support services to identify and serve effectively limited English proficient (LEP) students. Such program modifications and support services comply with applicable state law (M.G.L. c. 71A) and federal law (Title VI). Unless the student's IEP specifies otherwise or the student has received a waiver, the student must receive sheltered content instruction and additional instruction in English as a Second Language. The student must be afforded the same opportunity to access and participate in the program's services, activities and other benefits as all other students.
  NOTE for information about teacher training in the areas of sheltered content instruction and English as a Second Language please see the Department of Elementary and Secondary Education's Office of Language Acquisition and Academic Achievement (OLAAA) professional development webpage at http://www.doe.mass.edu/ell/profdev/.
• 8.5 Current IEP & Student Roster
  NOTE that the date of the parental signature on the IEP was added to the list of documentation required for the student roster.
  NOTE that the requirements of the dates for the last and next 3-year evaluations were deleted.
• 8.8 IEP - Progress Reports has been modified to reflect the new federal IDEA 2004 requirements described in 300.320(a)(3)(i, ii).
• 9.1 Polices and Procedures for Behavior Management has added:
  • five aspects of particular behavior management from the regulations; and
  • the prohibition against unreasonably delaying or withholding food as a form of punishment.
• 9.7 Terminations now contain a detailed description regarding the requirements for Planned Terminations and Emergency Terminations.
• 11.1 Personnel Policies now contain requirements regarding teacher and staff evaluations
  NOTE that the section regarding CORI has been entirely rewritten and references the new CORI Advisory:
  Criteria and procedures for hiring. This should include the school's Criminal Offender Record Information (CORI) policy regarding CORI checks on employees, volunteers and transportation providers whose responsibilities bring them into direct and unmonitored contact with students. [NOTE: A private residential school licensed by EEC does not need to conduct independent CORI checks where those checks have been done through EEC].
  NOTE added references to M.G.L. c. 71, § 38R and the ESE Advisory on CORI.
  NOTE added Procedures for evaluation of staff, discipline of staff (including suspensions and dismissals)
• 12.1 Staff Orientation Training has clarified that new staff may not be assigned direct care duties with students until they have participated in all mandated trainings listed under criterion 12.2 a-e through their orientation program.
• 12.2 Annual In-Service Training Plan and Calendar has been changed significantly, now detailing which trainings are mandated for all staff (a-e), and which additional trainings must occur for all teaching staff and for other appropriate staff based on their job responsibilities.
• 12.2(c) Details about Required Training - CPR Certification has been modified such that only staff training resulting in CPR Certification is now required for appropriate staff, and training in Emergency First Aid is no longer required.
• 12.2(d) Details about Required Training - Medication Administration the "and" has been changed to an "or" such that it reads:
  Training by a physician or registered nurse shall be given to all staff who provide care or instruction to students for whom any staff administered medication.
• 14.1 Clothing, Grooming and Hygiene has an added requirement that for students whose clothing is provided by a state agency, provide a written description of how such students are provided with the opportunity to participate in the selection of their own clothing.
• 14.2 Food and Nutrition has new requirements added to it.
• 15.3 Information to be translated into Languages other than English has been changed to read:
  When students have parents or guardians with limited English language skills, the public/private special education program ensures that important school information is sent to them in a timely manner and provided to them in a language that they understand, either through written translations of documents or through oral interpreters.
• 15.5 Consents now have the added requirement that they be done annually.
• 15.8 Registering Complaints and Grievances - Parents, Students and Employees has the protected categories added to it and has been reworded.
• 16.2 Physician Consultation has added clarification that the requirement is for the school to have a licensed physician available for consultation; and that School Physician means a physician appointed by a School Committee or Board of Health in accordance with M.G.L c. 71, §§ 53, 53A, and 53B or, in the case of a private school, by the Board of Trustees.
• 16.3 Nursing has added documentation requirement of an explanation of how nurse's availability is sufficient for needs of the student population in the health care manual, and that School Nurse means a nurse practicing in a school setting, who is:

  (1) a graduate of an approved school for professional nursing;

  (2) currently licensed as a Registered Nurse pursuant to M.G.L c. 112; and

  (3) appointed by a School Committee or a Board of Health in accordance with M.G.L. c. 71, §§ 53, 53A, and 53B or, in the case of a private school, by the Board of Trustees.

• 16.6 Administration of Antipsychotic Medication has been changed to read:
  Except in an emergency, as defined in 18.05 (9)(g), the school shall neither administer nor arrange for the prescription and administration of antipsychotic medication unless informed written consent is obtained. If a student is in the custody of his/her parent(s), parental consent in writing is required.
• 16.7 Preventative Health Care now contains specific requirements from the regulations.
• 18.1 Confidentiality of Student Records (b) has been changed to read:
  Staff notes or reports regarding a student shall be legibly dated and signed by persons making entries.
  The following section has been deleted:

  d) All student records must contain face sheets, updated at least annually, with the following information

New Criteria

• 3.1(c) Child Abuse Reporting has been added as a stand-alone provision regarding required polices and procedures is new.
• 7.4 High School Diplomas and Certificates of Attendance is new.
• 9.1(a) Student Separation Resulting From Behavior Management is new.
  NOTE that (4) contains new language that students shall be observed at all times and in all parts of the room, and that the staff shall be accessible at all times.
  NOTE that (5) reads: A means of documenting the use of time-out for an individual student, including, at a minimum, length of time, reasons for this intervention, who approved the procedure, and who monitored the student during the time.

  (a) Time out rooms shall not be locked.

  (b) Any room or space used for the practice of separation must be physically safe and appropriate to the population served by the facility.
  NOTE that the reference to ESE Advisory on Restraint in Special Education Programs dated 12/20/05 has been added, as well as reference to 46.02(5)(b).

• 11.5 Related Service Providers has a new requirement:
  • Any staff members providing educational interpreting for students who are deaf or hard of hearing in public schools, approved special education schools and collaborative schools must be registered through the Massachusetts Commission for the Deaf and Hard of Hearing. This includes staff members who are identified as educational interpreters or oral transliterators or someone who fulfills that role but is not identified as an interpreter.
• 14.4 Visiting, Mail and Telephones 18.03(9)(a) and (b) is new (for Residential Programs only).
• 16.11 Student Allergies is new.
• 16.12 No Smoking Policy is new.