Policy Memos & Advisories

• Administrative Advisories
• Technical Assistance Advisories
• Additional Guidance

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Administrative Advisories

• Administrative Advisory SPED 2021-2: Assignment of Financial and Programmatic Responsibility for Special Education and Enforcement of Assignments

• Administrative Advisory SPED 2019-3: Updated State Mandated Form for Documentation of Medicaid Service Delivery in Out-of-District Programs (28M/12)

• Administrative Advisory SPED 2019-2: Extended Evaluations

• Administrative Advisory SPED 2019-1: Recovery High Schools

• Administrative Advisory SPED 2018-3: Guidance on Amendments to Special Education Regulations, 603 CMR 28.10, to Align with ESSA Foster Care Provisions

• Administrative Advisory SPED 2018-2: Secondary Transition Services and Graduation with a High School Diploma — Superseded by Special Education Policy Memo SY2025-2026 — 2

• Administrative Advisory SPED 2018-1: Guidance and Workbook for Calculating and Providing Proportionate Share Services for Students with Disabilities Enrolled by Their Parents in Private Schools — Revised July 2018 to include reference to Grant Fund Code 262 which DESE will administer starting in FY19

• Administrative Advisory SPED 2017-1: Guidance on Students with Disabilities and Subminimum Wage Employment

• Administrative Advisory SPED 2016-2: Requirements related to Maintenance of Effort — Withdrawn pending updates

• Administrative Advisory SPED 2016-1: SIMS Data Reporting

• Administrative Advisory SPED 2015-2R: Special Education Parent Advisory Councils, Acceptable Alternatives, and Use of Social Media

• Administrative Advisory SPED 2014-1: Demonstration of performance skills of educational interpreters

• Administrative Advisory SPED 2013-1: Parental Consent to Access MassHealth — Updated July 16, 2018 to address the School-Based Medicaid Expansion Program applicable to all MassHealth eligible students

  • Questions and Answers on Parental Consent and MassHealth — updated March 2019

  • Mandated form (28M/13) — Parental Notice and Consent to Access MassHealth (Medicaid) Benefits
    Translated versions available in Spanish, Haitian, Chinese, and Portuguese.

• Administrative Advisory SPED 2011-1: Age of Majority

• Administrative Advisory SPED 2010-2: School-Based Medicaid and Nursing Services

• Administrative Advisory SPED 2008-1: IDEA-2004 and Requirements related to Maintenance of Effort — Withdrawn November 2015

  • Cumulative Maintenance of Effort (MOE) Adjustment For All Districts as of FY14 — Withdrawn November 2015

• Administrative Advisory SPED 2007-2: IDEA-2004 and Private School Students — Withdrawn July 2017 — Replaced by Administrative Advisory 2018-1.

• Administrative Advisory SPED 2004-4: School District Responsibility For Children in Special Education Day Schools Who Are Transferred to a Residential School by the Department of Social Services

• Administrative Advisory SPED 2004-1: Independent Educational Evaluations

• Administrative Advisory SPED 2003-1: Changes to Massachusetts Special Education Law

• Administrative Advisory SPED 2002-5: Special Education Contracts Between School Districts and Out-of District Programs [603 CMR 28.06(3)(f)]

• Administrative Advisory SPED 2002-4: Under Revision: Special Education Students in Out-of-District Placements — Participation in MCAS Testing and High School Graduation Standards

• Administrative Advisory SPED 2002-3: Vocational Educational Services for Students with Disabilities

• Administrative Advisory SPED 2002-2: Requirement to Review Refusals to Evaluate for Special Education Eligibility

• Administrative Advisory SPED 2001-4: Finding of No Eligibility for Special Education

Technical Assistance Advisories

• Technical Assistance Advisory SPED 2021-3: Shared Responsibility for Special Education Services in Institutional Settings

• Technical Assistance Advisory SPED 2021-2: Students with Autism and Application for Department of Developmental Services Adult Eligibility

• Technical Assistance Advisory SPED 2020-3: Recommended Advance Planning for a Student with an IEP Accepted for Enrollment in a METCO District

• Technical Assistance Advisory SPED 2020-1: Massachusetts Rehabilitation Commission Pre-Employment Transition Services (Pre-ETS)

• Technical Assistance Advisory SPED 2019-1: Transition from Early Intervention Programs to Early Childhood Special Education

• Technical Assistance Advisory SPED 2018-4: Guidance on Massachusetts Commission for the Blind Pre-Employment Transitions Services

• Technical Assistance Advisory SPED 2018-3: Addressing the Communication Needs of Students with Disabilities through Augmentative and Alternative Communication (AAC)

• Technical Assistance Advisory SPED 2017-2: Calculating and Providing Proportionate Share Services — Withdrawn July 2017 — Replaced by Administrative Advisory 2018-1.

• Technical Assistance Advisory SPED 2017-1 : Characteristics of High Quality Secondary Transition Services

• Technical Assistance Advisory SPED 2016-2 : Promoting Student Self-Determination to Improve Student Outcomes

• Technical Assistance Advisory SPED 2016-1: Time-out and Seclusion — Withdrawn July 2021

• Technical Assistance Advisory SPED 2014-5: Charter School Responsibilities for Students with Disabilities Who May Need an Out-of-District Program — 603 CMR 28.10(6)

• Technical Assistance Advisory SPED 2014-4: Transition Assessment in the Secondary Transition Planning Process

• Technical Assistance Advisory SPED 2014-3 (revised): Identifying the Need for Paraprofessional Support

• Technical Assistance Advisory SPED 2014-2: Children's Behavioral Health Initiative

• Technical Assistance Advisory SPED 2014-1: DSM-5 Changes and the Impact on Students with Autism Spectrum Disorders (ASD)

  • IRIS Information Brief: Comparison of the Diagnostic Criteria for Autism Spectrum Disorder Across DSM-5, DSM-IV-TR, and the Individuals with Disabilities Act Definition of Autism .

• Technical Assistance Advisory SPED 2013-1: Postsecondary Goals and Annual IEP Goals in the Transition Planning Process

• Technical Assistance Advisory SPED 2012-2: Improving Data and Practices Regarding Disciplinary Removals of Students with Disabilities

  • Disciplinary Removal Self-Assessment Inventory

• Technical Assistance Advisory SPED 2011-2: Bullying Prevention and Intervention

  • Addressing the Needs of Students with Disabilities in the IEP and in School Bullying Prevention and Intervention Efforts

• Technical Assistance Advisory SPED 2009-2: Observation of Education Programs by Parents and Their Designees for Evaluation Purposes

• Technical Assistance Advisory SPED 2009-1: Transition Planning to Begin at Age 14

Additional Guidance

• Special Education Policy Memo SY2025-2026 — 2
  The purpose of this Memorandum is to clarify:
  • The issuance of a high school diploma to students with IEPs consistent with applicable federal and state law;
  • The impact of the passage of Question 2 in November 2024 and the May 2025 amendments to the state Competency Determination (CD) requirements in 603 CMR 30.00 on awarding a diploma to students with IEPs;
  • Considerations for Massachusetts students who are receiving a publicly funded education in an out-of-district day or residential school, having been placed in the school by a Massachusetts school district under the special education law; and
  • Best practices for schools, students, and parents in planning secondary transition services and student graduation, and reducing the potential for disputes.
• Special Education Policy Memo SY2025-2026 — 1
  The purpose of this Memorandum is to notify you of the recent amendments to the Department of Elementary and Secondary Education’s (DESE) regulations at 603 CMR 46.00 and 603 CMR 18.00 related to the use of time-out practices approved by the Massachusetts Board of Elementary and Secondary Education (BESE) at its June 24, 2025, meeting. This memo outlines the key regulatory changes adopted during that meeting and information related to the implementation of the requirements.
  • 603 CMR 46.00: Prevention of Physical Restraint and Requirements-strikethrough showing changes
  • 603 CMR 18.00: Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs-strikethrough showing changes

• Special Education Policy Memo SY2024-2025 — 7
  The purpose of this policy memo is to clarify school district's responsibilities under federal and state special education laws and regulations for providing a publicly funded independent educational evaluation (IEE) for a student. The federal Individuals with Disabilities Education Act (IDEA), Part B regulation relating to IEEs is found at 34 C.F.R. § 300.502 . The additional state standard, which exceeds the minimum requirements set by IDEA and provides parents with a separate, entirely voluntary option is described at M.G.L. c. 71B, § 3 ¶ 10 and 603 CMR 28.04(5).

• Special Education Policy Memo SY2024-2025 — 6
  DESE seeks to clarify districts' obligations under 603 CMR 28.05(7). Schools must provide two copies of the proposed IEP, proposed placement, and required notice to parents/guardians immediately following the development of the IEP.

• Special Education Policy Memo SY2024-2025 — 5
  Requirements for the 2025-2026 Conditions of Assistance: IDEA Part B Funding This memo is to inform Special Education Administrators regarding submitting assurances that the LEA is providing for the education of children with disabilities within its jurisdiction, have in effect policies, procedures, and programs that are consistent with the state policies and procedures established under §300.101 through 300.163, and §300.165 through 300.174.2

• Special Education Policy Memo SY2024-2025 — 4
  2024-2025 Determinations of Need for Special Education Technical Assistance or Intervention

• Special Education Policy Memo SY2024-2025 — 3
  The purpose of this memorandum is to inform special education administrators, school business managers, and other interested parties that the IDEA Equitable Services Annual Child Count Application for the 2024-2025 school year count and 2023-2024 equitable services record keeping are now open.

• Special Education Policy Memo SY2024-2025 — 2
  This memo is to provide an update to Administrators of Special Education and Early Childhood Coordinators on mandatory data collection for Indicator 7 Preschool Outcomes

• Special Education Policy Memo SY 2024-2025 — 1
  This memo provides an update to districts collecting State Performance Plan and Annual Performance Report (SPP/APR) Indicator data on the data collection timelines for all Indicators. This memo replaces a previously released memo on September 8, 2023, regarding data collection activities.

• Special Education Policy and Procedure Memo SY 2023-2024 — 3: IDEA Equitable Services Child Count Reporting Requirements.
  This memo is to inform Special Education Administrators regarding the reporting requirements for the IDEA Equitable Services Annual Child Count. Child Count data will be collected via the Child Count Application as described below. The goal of this application is to increase the timeliness and accuracy of the Child Count data.

• Special Education Policy Memo SY2023-2024 — 1 Clarification: Conditions of Assistance submission
  Starting this year, the completed Conditions of Assistance: IDEA Part B Funding Certifications should be uploaded into the Grants for Education Management System (GEMS) with the IDEA application (240/262 grant application). The Conditions of Assistance has been updated this year, please make sure that the signatures are on the newest version and upload the full document.

• Memorandum on Reducing or Eliminating the Use of Time-out Room
  This memo provides school districts with guidance about Reducing or Eliminating the Use of Time-out Rooms. Although this memo refers to the 2021-2022 school year, the Department of Elementary and Secondary Education advises schools and districts in the Commonwealth to continue concerted efforts to reduce or eliminate the use of time-out rooms.

• Special Education Policy Memo SY2022-2023 — 4: Advance Notice of Update to the Web Based Monitoring System (WBMS) for State Performance Plan and Annual Performance Report (SPP/APR) Indicators 11 and 12 Data Collection

• Special Education Policy Memo SY2022-2023 — 1: Mileage Reimbursement for Parents under 603 CMR 28.07(6)

• Discipline: Statutory Language & Flow Chart

• Dear Colleague Letter on Free and Appropriate Public Education (FAPE):
  Policy guidance that clarifies that individualized education programs (IEP) for children with disabilities must be aligned with state academic content standards for the grade in which a child is enrolled.

• Dear Colleague Letter on Dyslexia:
  Policy guidance that clarifies that there is nothing in the IDEA that would prohibit the use of the terms dyslexia, dyscalculia, and dysgraphia in IDEA evaluation, eligibility determinations or IEP documents.

• Guidance on Appointment of Special Education Surrogate Parents

• Memorandum on Requirements for Registration of Sign Language Interpreters Who Work in Educational Settings

• Guidance on 603 CMR 28.07(7)

• Memorandum on Procedures Lite

• Memorandum on New Requirements for Registration of Sign Language Interpreters Who Work in Educational Settings

• Memorandum on the Implementation of 603 CMR 28.05(7): Parent response to proposed IEP and proposed placement — Rescinded June 2025

• National Instructional Materials Accessibility Standard (NIMAS) Additional Assurance Required for IDEA Part B Grant

• Question and Answer Guide on the Implementation of Educational Services in the Home or Hospital 603 CMR 28.03(3)(c) and 28.04(4)

Last Updated: August 5, 2025