District/School Resources PK-16 Program Support
Special Education in Institutional Settings

Since 1974 the Department of Elementary and Secondary Education (ESE) has provided special Elementary and Secondary Education services to thousands of children and youth with disabilities residing in state facilities operated by Departments of Mental Health, Public Health, Youth Services, and the County Houses of Correction (hereafter, "host agencies"). The Department program unit providing these services is the Special Elementary and Secondary Education in Institutional Settings program (SEIS) serving over 700 children and youth in over 90 sites statewide.

In accordance with applicable state and federal special education laws, SEIS and public school districts are responsible to ensure that each eligible student residing in these facilities receives special education services according to an Individualized Education Program (IEP) developed in accordance with special education law. Special education services are provided by SEIS, to the extent feasible and as resources are available, and when SEIS does not provide the service, by the school district in which the student resides, according to the policies or procedures of the host agency. The school district responsible for the student develops the IEP, conducts special education evaluations and annual reviews, and, when necessary, coordinates with SEIS on the implementation of the student's IEP in the host agency setting. SEIS personnel participate in all Team meetings convened by the districts for students residing in SEIS sites.

The following special education laws address the role and responsibility of SEIS: Chapter 71 B, section 12 (Special Education Services for Children in Certain State Institutions); Chapter 71 B section 11A (Education for Certain Incarcerated Children); and 603 CMR 28.06(9) (Massachusetts Special Education Regulations regarding Educational Services in Institutional Settings)