Special Approvals and Notice Requirements

OASES has responsibilities to review and act upon certain applications, requests for waivers, and notifications required by Board of Education Regulations. The information and mandated forms below should be used in responding to these requirements.

Initial Applications

Pursuant to 603 CMR 28.09, the Department of Elementary and Secondary Education (Department) may grant approval to special education day and residential school programs providing special education services in Massachusetts. Once an initial program application is reviewed and the program receives either a "Provisional" or a "Full" approval status, the special education school program may enroll publicly funded Massachusetts special education students.

All Initial Application requests will be submitted via CHAMP. Login here and use the guidance document here to complete an application.

Reference here: Approval Procedures for Initial Applications — Massachusetts Day or Residential Special Education School Programs

Incident Reports

Pursuant to applicable regulations and agency policy all Approved Day, Residential and Summer programs are required to provide immediate notification to DESE for any student enrolled in its program (Massachusetts Student, Out-of-State Student or Privately Funded Student) concerning incidents that occur during school hours, except for emergency terminations, which is required for both school and residential hours.

The death of any student (Immediate verbal and written notification to the student's parents/guardians and school district);
The filing of a 51-A report with Department of Children and Families (DCF) or a complaint to the Disabled Persons Protection Commission (DPPC) against the school or a school staff member for alleged abuse or neglect of any student;
The hospitalization of a student (including out-patient emergency room and urgent care visits) due to physical injury at school or previously unidentified illness, accident or disorder which occurs while the student is in the program;
A student run from the program; and
Any other incident of serious nature that occurs to a student or staff in the program. (Some examples include: any police involvement, any media involvement, weapons, fire setting, alcohol or drug possession or use while in the program).

For both school and residential hours:

The emergency termination of a student pursuant to 28.09(12)(b).

Note: All incident reports must be maintained in student records and submitted in CHAMP.

Reference only:

Formerly Form 1 — Notification/Request for Prior Approval of Substantial Change (for Reference Only)
Formerly Form 2 — Program Incident Report (for Reference Only)
Formerly Form 3 — Intent to Apply for Initial, Reconstruction, or Special Circumstances for an Approved Special Education Program

Prior Notifications

"Prior to any substantial change to the program or physical plant, all Approved Day, Residential and Summer Programs must provide written notification of intent to change to the Department. Note the specified notification timelines and prior approval requirements that are listed below and in the related guidance. Notice shall be given with sufficient time to allow the Department to assess the need for the proposed change and the effects of such change on the educational program. The program must also provide notification to the Department of any sudden and/or unexpected changes that may impact the overall health or safety of students and/or the delivery of services required by IEPs.

Immediate Notification for:

Unexpected program building change as the result of an emergency.
Closure of a program or site

15 Business Days Notification for:

Each 20% decrease in the enrollment of students based on the most recently approved DESE staffing plan (for Approved Special Education Schools only)
Change in program's ownership
Change in agency or program's name
Vacancy in an approved staff position not filled by another appropriately licensed or waivered staff person that has a direct impact on the service delivery to students.

Prior Approval from DESE Required Before the Following Changes May Occur:

Changes to program's building(s)/physical facilities that are not due to an emergency, but are related to relocation, expansion or renovation of building(s) or closure of a program or site
Increase or decrease in the ages or change in the gender of the students being served
Each 20% increase in the enrollment of students, based on the most recently approved DESE staffing plan (for Approved Special Education Schools only)
Adding, eliminating, or changing staff positions

Waiver Requests

Form A: Age Span Waivers 48–72 Months

Approved Special Education Schools and Collaboratives may apply for a waiver of the 603 CMR 28.06(6)(f) regulations if the program has any instructional grouping that differs by more than forty-eight months but no more than seventy-two months. This waiver must be submitted to the Department in writing and approved prior to implementation.

Form B: Age Span Waivers 72 + Months

Approved Special Education Schools and Collaboratives may apply for a waiver of the 603 CMR 28.06(6)(f) regulations if the program has any instructional grouping that differs by more than seventy-two months. This waiver must be submitted to the Department in writing and approved prior to implementation.

Form C: Request Alternative Compliance Waiver from Special Education Regulations (Alternative Compliance 603 CMR 28.03(5)

Approved Special Education Schools and Collaboratives may submit in writing a proposal for approval by the Department for the satisfaction of any requirement in 603 CMR 28.00 in a manner different from that specified in 603 CMR 28.00. The Department may approve such proposal if it shows substantial promise of contributing to improvements in the methods for meeting the goals of 603 CMR 28.00 and if such proposal does not conflict with any provision of law. No proposal shall be implemented until approved by the Department.

Program Reconstructions

All Approved Special Education Programs can apply for Program Reconstruction during their scheduled Program Review or Mid-Cycle Review year. All required documentation must be submitted before October 1st of the school year in which the program's mid-cycle or program review will occur for the rate to be in effect the following fiscal year for the approved special education day school program or residential program. Programs can apply if they have the need to alter the service configuration of the already approved program. Specific reconfigurations can include:

Changing how they provide services and/or the approved number of service providers
Changing approved enrollment and/or approved staff to student ratios.

All applications must be submitted through CHAMP by selecting "Program Reconstruction" under the "Action Forms" tab.

Special Circumstances

All Approved Special Education Programs must can apply for Special Circumstances specific to Salary Upgrades if the need arises. Programs must submit all required documentation through CHAMP.

Extraordinary Relief

Where an Approved Private School experiences additional expenses for its Program during the price year which are necessary for the provision of the mandated program of services and which it cannot absorb within its Authorized Price, the Contractor may apply to OSD for a price adjustment for the Program during the price year if the expenses are necessary to: 808 CMR: Bureau of Purchased Services 1.06: continued 1. meet federal or state statutory, or local regulatory requirements, including DESE or EEC regulations and licensing requirements not currently included in the Authorized Price, or 2. account for unanticipated emergencies beyond the reasonable control of the Contractor. (b) To be eligible for consideration for extraordinary relief the conditions described in 808 CMR 1.06(4)(a) must have resulted from unforeseen events occurring after July 1st of the current Fiscal Year.

Last Updated: June 16, 2025