The following are Questions and Answers frequently posed to the staff in Program Quality Assurance Services (PQA). Please explore these questions and resources. We hope you will find the information you need.
- 1. What is PQA? What does this part of the Department of Elementary and Secondary Education (ESE) do?
A. PQA stands for "Program Quality Assurance Services." Staff in this unit of the Department of Elementary and Secondary Education:
- monitor public school districts' compliance with education program requirements;
- provide problem resolution and complaint investigation services;
- approve and oversee public and private day and residential special education schools;
- review and act on requests for the approval of the Department on a variety of matters required by Massachusetts Board of Education regulations; and,
- offer information and technical assistance to local school leaders, parents and other inquiring persons from the public.
- 2. Describe the Department's complaint management system called the "Problem Resolution System." How does one file a formal complaint against a public school district, charter school, educational collaborative or a private special education school?
A. The Department encourages parties who disagree first to research relevant requirements and to discuss matters at the school and district level. PQA's problem resolution services include: (a) technical assistance in order to clarify requirements and encourage the local resolution of problems, and (b) a formal complaint and investigation process for situations when a concerned party desires to file a formal written complaint.
Description of the Problem Resolution System (PRS).
Description of the Problem Resolution System in Spanish/Espanol.
Some special education and Section 504 disputes (e.g., when a parent rejects the IEP or 504 Plan proposed by a district) are most appropriately brought to the Bureau of Special Education Appeals (BSEA). The BSEA offers professional mediation services (when both parties agree to mediate) and conducts impartial hearings as required by the federal IDEA, Section 504 and state administrative law.
BSEA's telephone is: 781-338-6400.
- 3. How can I find laws and regulations about special education?
A. Consult both state and federal laws and regulations Web sites.
Find state regulations at:
603 CMR 28.00: Special Education Regulations
603 CMR 18.00: Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs.
The Massachusetts special education law is MGL Chapter 71B.
Find federal special education regulations for the Individuals with Disabilities Education Act (IDEA) at:
www.ideapractices.org/finalregs.htm
www.ideapractices.org/idearegsmain.htm
www.ideapolicy.org/fulltext.pdf (full text from the Federal Register)
Consult Appendix A, a readable and practical addendum to the federal regulations that answers 40 common questions about IDEA & IEPs:
www.ideapractices.org/docs/regs/AppndxA.txt
Consult ESE's compilation of education related laws, advisories, etc.
- 4. What documents has ESE produced about special education in Massachusetts?
A. The IEP Process Guide 
takes the reader through the entire IEP process, from initial identification of a student with disabilities to the development of the IEP and decisions about an eligible student's placement:
IEP Forms, Notices and Instructions
Independent Educational Evaluations and this state's sliding fee scale for payment.
Parents Rights Brochure.
Services for Students Attending Private Schools at Private Expense.
Change in the standard of service from "maximum feasible benefit" to "free appropriate public education" (FAPE).
Eligibility (or non-eligibility) for special education:
Finding of No Eligibility for Special Education;
Requirement to Review Refusals to Evaluate for Special Education Eligibility.
Extended school day and/or year.
"Is Special Education the Right Service?"
Find lots more information that is constantly being updated about special education at the Department's Office of Special Services Website:
Special Education Compliance and Complaint Page
- 5. Can you suggest some other resources about special education?
A. Here are some private-sector resources. (Please note ESE does not endorse or guarantee external websites.)
Federation for Children with Special Needs
MA Association of Special Education Parent Advisory Councils
Nationally oriented site with free materials for parents, lawyers, teachers, and administrators.
MA Association of Approved Private [special education] Schools (MAAPS)
Disability Law Center of Massachusetts [federally-designated "protection & advocacy" program]
Council of Educators of Students with Disabilities [national scope; has IDEA as well as federal Sec. 504 resources]
Mass. Organization of Educational Collaboratives
Resources on the procedurally complex matter of discipline of special education students:
www.wrightslaw.com/info/discipl.index.htm
http://www.fape.org/index.htm
www.ideapractices.org/regs/disciplinequestions.htm
- 6. What if a student is having trouble with reading, math, or behavior, and is not eligible for special education?
A. Parents and students should inquire locally about the growing number of resources available to general education students in the public schools. Districts are responsible to reach out to provide information to parents and the public.
District-wide Student Success Plans.
If the student is or will be out of school for a health-related problem, see:
Question and Answer Guide on the Implementation of Educational Services in the Home or Hospital.
"Is Special Education the Right Service?"
An overview of rules about use of physical restraints for all students 
.
Help for Viewing PowerPoint Presentation
Parent involvement at the district level.
If the student has a disability but is not eligible for special education services under state or federal special education law, see the question below about "Section 504."
Note that parents may challenge a district's finding of no eligibility for special education; see earlier Q&As on special education regulations and technical assistance materials, for links to information on this subject.
A special ESE unit, Accountability and Targeted Assistance, works with local school districts regarding the implementation of education reform requirements.
- 7. What is Section 504, and what is a "504 plan"?
A. Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that prohibits discrimination against people with disabilities in places that receive federal funds. (This includes all public schools, charter schools, educational collaboratives and private schools that receive federal monies.) Section 504 is not a special education law. It does provide a vehicle for developing a plan for students with disabilities who need disability-related accommodations, services and/or special education under Section 504 in order to participate fully in the school environment and programs. Each district must designate a "Section 504 Coordinator" to assist local school staff and parents with the proper implementation of requirements under this federal law.
Here are some helpful links:
A brief overview of ADA (The Americans with Disabilities Act), IDEA, and Section 504.
The meaning of FAPE [free appropriate public education] for students with disabilities.
The Section 504 Regulations.
Technical assistance on Section 504 (which protects disabled people of all ages in addition to students) is available from the local office of the US Department of Education's Office for Civil Rights (OCR)
Contact the Boston location for OCR at:
Office for Civil Rights
McCormack Post Office and Courthouse
Room 701
Post Office Square
Boston, MA 02109
(617) 223-9662
E-mail: OCR_boston@ed.gov
Website: http://www.ed.gov/offices/OCR
PQA accepts and investigates complaints about alleged failure to develop Section 504 plans or to deliver services on such plans. (See the question and answer below on the PQA's Problem Resolution System.) The Department's Bureau of Special Education Appeals (BSEA) also provides mediation and due process hearings related to disputes involving Section 504 requirements.
- 8. What programs does PQA monitor and does PQA provide technical assistance on these programs?
A. Here are the major programs that are monitored by the ESE as well as some helpful resources related to each program. PQA provides technical assistance regarding special education, civil rights requirements and those pertaining to the education of linguistic minority students. PQA staff members are able to refer inquiring persons to other resources in the Department for other programs listed below.
- Special Education
Title I
Transitional Bilingual Education [TBE]
Perkins Vocational Technical Education
English as a Second Language [ESL]
Safe and Drug Free Schools and Communities Act
Certain federal and state civil rights requirements:
- Titles I and II of the Americans with Disabilities Act of 1990,
- Title VI of the Civil Rights Act of 1964,
- Title IX of the Education Amendments of 1972,
- Section 504 of the Rehabilitation Act of 1973, together with related state requirements under M.G.L. Chapter 76, Section 5 (Chapter 622 of the Acts of 1971).
- Board of Education Physical Restraint Regulations (603 CMR 46.00).
Additionally, consult ESE's compilation of education related laws, advisories, etc. that are associated with these major program areas monitored by the ESE: http://www.doe.mass.edu/lawsregs/
- 9. Where can I find information regarding requirements for programs serving young children ages 3 and 4?
A. Department of Early Education and Care (EEC)
Effective July 1, 2005, the new Department of Early Education and Care (ECC) combines the functions of the Office of Child Care Services (OCCS) and those of the Early Learning Services Division at the Department of Elementary and Secondary Education. This agency is supervised and guided by a new independent board, the Board of Early Education and Care, which appointed Ann Reale as Early Education and Care's first Commissioner.
- 10. Where can I find information about state and federal "education reform" related issues?
A. The Massachusetts law Education Reform Act of 1993 has many provisions.
Check also the following:
Educator Licensure
MCAS
MCAS Alternate Assessment
Curriculum Frameworks
For information about the federal "Leave No Child Behind Act":
www.ed.gov/offices/OESE/esea/
www.nochildleftbehind.gov/index.html
A special unit of ESE, Accountability and Targeted Assistance (ATA), works to help local school districts to measure the success of schools pursuant to requirements of the Education Reform Act:
http://www.doe.mass.edu/sda/
- 11. What are the rules about when and where a student can enroll in public school?
A. Factors relating to enrollment of a student include complex legal requirements defining residency, citizenship, visa status, etc. There are very limited circumstances in which there are legal grounds to deny a student's enrollment in a Massachusetts public school. Contact with the appropriate PQA Liaison is recommended only where a school's administration and local legal counsel are unable to resolve issues of enrollment status for students.
- 12. How often, and when, does ESE monitor public school districts and charter schools for compliance with state and federal education requirements?
A. Every six years PQA conducts a multi-program review of compliance with certain regulated program areas. This is called a Coordinated Program Review (CPR). An on-site update on special education compliance is also done mid-cycle, i.e., three years after a CPR is conducted. PQA staff routinely monitor districts' corrective action plans resulting from CPR findings and from the results of complaint investigations through these mid-cycle followup monitoring onsite visits.
Brief description of the CPR monitoring process, monitoring schedules, CPR instruments, and recently issued CPR reports:
Public School Coordinated Program Review System
- 13. How and when does ESE monitor educational collaborative programs for special education?
A. Collaboratives are public education programs. Where a school district is a member of a collaborative approved by the Department of Elementary and Secondary Education and is a site for programs or services operated by that collaborative, standard CPR procedures such as staff and parent interviews, student record reviews and classroom and facility observations are conducted. The Department's findings as a result of these procedures are included in the member district's Coordinated Program Review Report. Schedules and reports are listed with the districts; see the links for the preceding Q for CPR schedules and recently issued CPR reports.
- 14. How and when does ESE monitor approved private special education schools?
A. PQA also conducts a Program Review of ESE-approved private special education school programs every six years. Approved schools also submit annual program reapproval updates in order to qualify for the continuing approval of the ESE. PQA staff monitor corrective action plans resulting from program reviews and application renewal submissions, investigate complaints, and make periodic site visits to these approved programs.
- 15. How does a public or private day or residential special education school become a "ESE approved" program?
The process, standards for approval and related state forms .
Currently approved private special education school programs.
- 16. Can a student be placed in an unapproved private special education school program, inside or outside Massachusetts?
A. Only in certain limited circumstances, defined in state regulations. Districts must play a major role in monitoring placements provided by unapproved programs.
Notification of Use of Unapproved Private School Programs | 
Policy Regarding Out-Of-State Special Education Programs
PQA also investigates complaints filed in regard to unapproved private school programs in which a publicly funded special education student has been placed.
Problem Resolution System: "Working Together to Resolve Education Problems"
- 17. does ESE monitor or accept complaints about "private" schools other than private special education schools?
A. Generally, no, because there is no state jurisdiction over education provided by independent schools. Local school committees are responsible to approve parochial schools, independent schools, and other private schools serving school-aged children that operate in their city or town. Please check with your local school district regarding their activities in approving and overseeing these independent private schools.
Other units of ESE oversee private commercial, business or "trade" schools; contact the Proprietary Schools Office at 617-727-0498.
The state's Board of Higher Education has related helpful information and links: www.mass.edu/contact/home.asp
- 18. Schools and/or districts are required by law to report certain developments (e.g. injury sustained from use of restraint). In some instances, districts (and charter schools, collaboratives, and private special education schools), must seek prior approval from ESE for a waiver of a legal requirement (e.g. waiver of special education class size). Where does one find the right forms?
A. To report when a restraint lasts more than 20 minutes, and/or results in injury to a student or staff member (requiring emergency medical attention):
Physical Restraint Reporting Requirements Form
Required forms for district waiver requests (e.g., for ed-flex, special education, TBE).
- 19. What role does the Massachusetts Department of Elementary and Secondary Education play with respect to home education, and what resources are available to assist parents who are interested in educating their children at home?
A. Approval and oversight of home education is a local, rather than state, function in Massachusetts. Therefore, the Department of Elementary and Secondary Education is not involved in setting policy, overseeing school district practices, or otherwise enforcing the Commonwealth's home education law. The Department does not collect data from school districts concerning the incidence of home education, and does not maintain a repository of school district home education policies.
The Department is aware of five Massachusetts organizations that provide parents with information and assistance regarding home education, each from a distinct religious, philosophical, or pedagogical perspective. These groups, which are private, and are not affiliated with or endorsed by the Massachusetts Department of Elementary and Secondary Education, are:
Mass Homeschool Organization of Parent Educators (Mass H.O.P.E),
Website: http://www.masshope.org
E-mail: info@masshope.org
24-Hour information line: (978) 544-7948
Massachusetts Home Learning Association (www.mhla.org)
Holt Associates, Inc., Growing Without Schooling
2380 Massachusetts Avenue, Suite 104, Cambridge, MA 02140
Telephone: (617) 864-3100
Catholic Homeschoolers in Massachusetts East (C.H.I.M.E.)
Telephone: (978) 794-4630 or contact via e-mail at CHIMEInfo@yahoo.com
Muslim Home School Network and Resource (M.H.S.N.R.)
Telephone: (508) 226-1638
Information on home education resources, services, and events is also available from the Northeast office of the Homeschool Support Network, P.O. Box 1056, Gray, ME 04039, (207) 657-2800 which publishes a bi-monthly magazine called Home Educator: Family Times (contact: Shirley Minster). Legal information and advocacy on home education, from a Christian religious perspective, is available to home educating parents who join the Home School Legal Defense Association, P.O. Box 3000, Purcellville, VA 20134-9000, (540) 338-5600.
- 20. Help! I've done all my homework, but I still need more information. How can I find the right person in the ESE whom I may personally contact?
A. A PQA liaison is assigned to each school district, charter school, collaborative, and approved private special education school in Massachusetts:
ESE's department-wide unit and staff list.
Kindly direct Questions, corrections, comments, and suggestions about PQA's website to compliance@doe.mass.edu
