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The purpose of this memorandum is to remind local educational agencies (LEAs) of some of their responsibilities to students with disabilities placed in a special education private school by an LEA. It also describes some key enhancements to the monitoring of such placements by the Department of Elementary and Secondary Education (DESE).
LEAs and private schools, including approved private special education schools, routinely collaborate and coordinate to ensure students with disabilities receive a free appropriate public education (FAPE). This collaboration requires regular communication, clear accountability, and coordinated planning to meet each student's academic, social, and developmental needs. In accordance with the Individuals with Disabilities Education Act (IDEA) Part B, a student with a disability who is placed in or referred to a special education private school by an LEA must be provided with special education and related services in conformity with the student's individualized education program (IEP) and maintain "all of the rights of a child with a disability who is served by a public agency" under IDEA Part B, including, but not limited to, the discipline procedures at 34 C.F.R. §§ 300.530(e) through 300.536.1
LEAs are required to monitor the provision of special education and related services to and the programs of students placed by the LEA in out of district placements, including special education private schools. Documentation of monitoring plans for each student placed out-of-district and all actual monitoring must be kept in the files of every eligible student placed out-of-district. To the extent monitoring the student's placement requires site visits, such visits must be documented and kept in the student's files.2
Out-of-district programs are required to provide sending LEAs with regular progress reports for each student placed out of district,3 which the LEA must review and take the steps it deems appropriate. Progress reports must also be provided to parents/guardians.
To assist LEAs, DESE created the attached "Out of District Program Monitoring" form that LEAs can implement to help document their required monitoring of out-of-district placements. When conducting monitoring of LEAs, DESE's Public School Monitoring Office (PSM) will continue to review documentation of monitoring plans and actual monitoring conducted by LEAs for students placed out of district to verify that each eligible student is provided with the full protections of state and federal special education laws and regulations, including the discipline procedures at 34 C.F.R. §§ 300.530(e) through 300.536. Use of the attached form can assist the LEAs with documenting the steps taken to confirm each eligible student in such placements are receiving the special education and related services to which they are entitled and required by their IEP.
In addition to monitoring of LEAs, DESE's Office of Approved Special Education Schools (OASES) will also use the attached updated criteria as part of its monitoring of approved private special education schools. Specifically, the updated monitoring criteria will be used to verify that a student with a disability who is placed in a special education private school by an LEA is receiving all IDEA Part B and relevant state law discipline protections that apply to a student with disabilities served by an LEA.
School districts that place eligible students in out-of-district programs retain full responsibility for ensuring such students are receiving "all procedural protections of law and regulation."4 By admitting publicly funded students, an out-of-district placement makes a commitment to the LEA or appropriate state agency that it will try every available means to maintain the student's placement until the local Administrator of Special Education or officials of the appropriate state agency have sufficient time to search for an alternative placement.5 In the case of an emergency termination, which is defined as circumstances in which the student presents a clear and present threat to the health and safety of him/herself or others, the special education school shall follow the procedures under 603 CMR 28.09(12).
In the event of serious injury or death of a student, criminal activity on the part of a student or staff member, or other serious incident affecting the well-being of any student, the out-of-district placement must immediately notify, by telephone and letter, the parents/guardians, the sending LEA, any state agency involved in the student's care or program placement, and DESE.6
Suspension
Whenever a student in an out-of-district placement is suspended, the out-of-district placement shall immediately notify the parents/guardians, the sending LEA, or other public agency responsible for the placement.7 Within 24 hours, the out-of-district placement must send a written statement explaining the reasons for suspension to the parents/guardians, the sending LEA, or other public agency responsible for the placement.8
Once a student is suspended for three (3) consecutive school days or five (5) non-consecutive school days in a school year, the out-of-district placement, parents/guardians, and LEA, consistent with federal requirements, shall explore together all possible program modifications within the school in an attempt to prevent termination of the student from the program.9
If the suspension is for 10 consecutive days or more, or if the student is removed for more than 10 cumulative school days in the school year for separate incidents, the removal constitutes a change in placement, and the student is entitled to receive educational services to provide the student with FAPE, consistent with applicable requirements.10 Additionally, the LEA must conduct a manifestation determination within 10 school days of the suspension. The relevant staff from the out-of-district placement should be included in the manifestation determination process, as appropriate. If the behavior resulting in the suspension is determined not to be a manifestation of the student's disability, the IEP Team, as convened by the LEA, is responsible for determining the interim alternative educational setting and the services to be provided during the period of suspension.11
For any removal constituting a change in placement, the LEA must provide the parents/guardians with a copy of the Procedural Safeguards Notice.12 Parents or guardians who disagree with the decision have the right to appeal by requesting a due process hearing.13
Termination of Enrollment by Private School
The special education private school shall notify the LEA contact person "immediately if termination or discharge of the student is being discussed."14 If a planned termination is contemplated, the private placement shall notify the LEA of the need to convene an IEP Team meeting.15 The LEA must arrange the IEP review meeting and provide all parties, including the parent/guardian, and if appropriate, the student, notice of this meeting (10) days in advance of the intended date of the meeting.16 Students in out-of-district placements are entitled to the full procedural protections under state and federal law, and parents/guardians and the LEA have the right to appeal the decision by requesting a hearing.17
At the IEP review meeting, the IEP Team shall discuss the planning and development of a written termination plan for the student. The plan must describe the student's specific program needs, the short and long term educational goals of the program, and recommendations for follow-up or for transitional services.18 The representative of the private school shall thoroughly explain termination procedures to the student, the parents/guardians, the representatives from the LEA, and any officials from another appropriate public agency in attendance.19 The representative of the out-of-district placement and the representative from the LEA shall provide the parents/guardians with notification of procedural rights regarding the potential change in placement, including their rights to disciplinary procedures, a manifestation determination, and a right to appeal that decision.20 If the parties agree to a termination plan, the written termination plan shall be implemented in no less than (30) days unless all parties agree to an earlier termination date.21
In case of an emergency termination, which is defined as circumstances in which the student presents a clear and present threat to the health and safety of themselves or others, the out-of-district placement shall follow the procedures required under 603 CMR 28.09(12).22 The out-of-district placement shall not terminate the enrollment of any student, even in emergency circumstances, until the sending LEA is informed and assumes responsibility for the student.23 At the request of the LEA, the out-of-district placement shall delay termination of the student for up to two (2) calendar weeks to allow the LEA the opportunity to convene an emergency IEP Team meeting and to conduct other appropriate planning discussions prior to the student's termination from the out-of-district placement.24 With the mutual agreement of the out-of-district placement and the LEA, termination of enrollment may be delayed for longer than two (2) calendar weeks.25
1 34 C.F.R. 300.146(c); January 16, 2025, Differentiated Monitoring and Support (DMS) Report from the U.S. Department of Education's Office of Special Education Programs (OSEP) to the Department of Elementary and Secondary Education (DESE) at pages 21–24.
2 603 CMR 28.06(3)(b).
3 603 CMR 28.06(3)(f)(1).
4 603 CMR 28.06(3)(c).
5 603 CMR 18.05(7)(b).
6 603 CMR 28.09(12)(a).
7 603 CMR 18.05(6).
8 603 CMR 18.05(6).
9 603 CMR 18.05(6)(d).
10 E.g., 34 C.F.R. §§ 300.530(c), (d), 300.536.
11 34 C.F.R. §§ 300.530(c), (d)(5); 300.531; 300.536.
12 34 C.F.R. § 300.504(a).
13 34 C.F.R. § 300.532(a).
14 603 CMR 18.05(7)(a).
15 603 CMR 18.05(7)(c)(1).
16 603 CMR 18.05(7)(c)(1).
17 34 C.F.R. § 300.532(a) ("The parent of a child with a disability who disagrees with any decision regarding placement under §§ 300.530 and 300.531, or the manifestation determination under § 300.503(e), or an LEA believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others, may appeal the decision by requesting a hearing.").
18 603 CMR 18.05(7)(c)(2).
19 603 CMR 18.05(7)(c)(3).
20 34 C.F.R. §§ 300.504; 300.530; 300.532.
21 603 CMR 18.05(7)(c)(4).
22 603 CMR 18.05(7)(d).
23 603 CMR 28.09(12)(b).
24 Id.
25 Id.
Last Updated: September 22, 2025