Special Education

Special Education Policy Memo SY2025-2026 — 10

Summary of Approved Amendments to 603 CMR 28.00

To:
Superintendents, Public and Private School Principals, Administrators of Special Education, Collaborative Leaders, and Approved Special Education School Leaders
From:
Jamie Camacho, Acting State Director of Special Education
Date:
July 30, 2026

Purpose

The purpose of this Memorandum is to notify you of recent amendments to the Department of Elementary and Secondary Education's (DESE) regulations at 603 CMR 28.00 related to special education that were approved by the Massachusetts Board of Elementary and Secondary Education (BESE). These amendments align DESE's regulations with recent changes to Massachusetts law and the federal Individuals with Disabilities Education Act (IDEA). This memorandum summarizes the approved regulatory changes and provides information regarding implementation.

Background

The Protect Education Equity Act was signed into law in August 2025. Among other things, the Act added state requirements to the individualized education program (IEP) development process for English learners. The Act also required the adoption of regulations regarding discipline procedures for students with disabilities, to enforce provisions in federal law that were in effect on January 1, 2025.

In February 2026, DESE proposed amendments to 603 CMR 28.00 to align Massachusetts special education regulations with the newly passed Protect Education Equity Act and existing federal requirements under the IDEA. On February 24, 2026, the BESE voted to release the proposed amendments for public comment through April 24, 2026.

Following review of public comments, DESE presented revised regulatory amendments to the BESE, which voted to adopt the amended regulations on June 22, 2026, incorporating several revisions in response to stakeholder feedback. The regulations took effect upon publication in the Massachusetts Register on June 23, 2026.

Summary of Approved Amendments

The amendments to 603 CMR 28.00 align Massachusetts special education regulations with recent changes to state law and the federal IDEA. With regard to English learners, the following amendments were made:

  • Updates the requirement in 603 CMR 28.03 that school districts provide training to all staff on the requirements of special education to specifically include English as a Second Language (ESL) educators.
  • Updates 603 CMR 28.04 to incorporate requirements in the Protect Education Equity Act and state and federal law regarding consideration of the English language proficiency of students with disabilities during the IEP development process. The amendments also clarify that assessments and evaluation materials must be provided and administered in the student's primary language and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally.

A new section, 603 CMR 28.11 — Discipline Procedures for Eligible Students, incorporates the IDEA's disciplinary procedures into Massachusetts regulations. The newly promulgated regulations largely reflect the federal regulatory language in 34 C.F.R. §§ 300.530-300.536. However, for consistency with state law, newly promulgated 603 CMR 28.11 deviates from the federal regulatory language by making the following changes:

  • The new state regulations require the provision of services during any disciplinary removal, regardless of length, consistent with state law requirements.
  • The definition of "change in placement" has been amended from the federal regulations to be any removal for more than 10 days, cumulative or consecutive, consistent with the definition of "long-term suspension" under state law.
  • The notice requirements for disciplinary actions in the new state regulations require, consistent with state law, notice for all disciplinary actions, not only those constituting a change in placement.
  • The new regulations also include updated terminology to better reflect Massachusetts school districts by replacing "supervisory personnel" with "school or district administrators" for greater clarity.
  • To improve consistency and clarity across state law, the new regulations incorporate references to Massachusetts student discipline statutes and regulations and student records law, including M.G.L. c. 71, §§ 37H, 37H½, 37H¾, and 37L and 603 CMR 53.00, where applicable.

Implementation

The amended regulations were adopted by the Board on June 22, 2026. While the adopted regulations largely track existing requirements under federal and state law, school districts, charter and career/technical schools, educational collaboratives, and approved special education schools should review the amended regulations and update local policies, procedures, and practices as needed to ensure compliance. Particular attention should be given to:

  • IEP development procedures involving English Learners with disabilities;
  • Staff training requirements;
  • Special education disciplinary procedures; and
  • Policies and procedures related to changes in placement and disciplinary removals.

DESE will continue to provide technical assistance and guidance to support implementation of these regulatory changes. If you have questions regarding these amendments, please contact specialeducation@mass.gov .

Last Updated: July 30, 2026

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