Section 18.05 - Required Policies and Procedures(1)Admissions. (a) No school, or program operated by a school, shall enroll eligible students under the provisions of 603 CMR 28.00: Special Education unless approved to do so by the Department.(b) Prior to admission, the school shall provide to the parents and the local school district a written copy of the school's policies and procedures, including: 1. The school's statement of purpose;2. The type of services provided;4. Parents' rights as described in 603 CMR 18.05(4);5. Health care, including provisions for emergency health care and/or hospitalization as described in 603 CMR 18.05(9);6. Planning for both foreseen and emergency terminations as described in 603 CMR 18.05(6) and (7);7. Methods of behavior support, violence prevention, discipline, management of harmful behavior by a student to himself or herself or others, and proper use of restraints as described in 603 CMR 18.05(5);8. Activities related to daily living skills;9. Contractual obligations with regard to payment for services. The school shall inform in writing any party, other than a local school district, responsible for placement of a student that said party is financially responsible for any costs incurred as a result of any placement not made pursuant to the requirements of 603 CMR 28.00: Special Education;10. Clothing requirements;11. A description of normal daily routines;12. Any specific treatment strategy employed by the facility;13. A description of any normally occurring religious practices;14. Visiting hours and other procedures related to communication with students and the facility as described in 603 CMR 18.036(9);15. Name and telephone number of a staff person whom the parents may contact on an ongoing basis;16. A description of a procedure which the parents or student may use to register complaints regarding the student's education and care at the facility.17. A copy of the approved school calendar.(c) No student shall be placed in any approved special education school until the local school district or the parent provides documentation from a licensed physician of a complete physical examination of the student not more than 12 months prior to the admission. In the event of emergency placements, the school shall make provisions for a complete examination of the student within 30 days of admission. The results of all physical examinations shall be made part of the student's health record.(2)Admission Interview.(a) Prior to admission, and upon request, the director of the school or designee shall be available to the parents, the student and the public school for an interview.(b) The interview shall include an explanation of the school's purpose and services, policies regarding parent and student rights including student records, the health program including the procedures for providing emergency health care, and the procedure for termination of a student.(c) The interview shall allow the opportunity for the student and parents to see the facilities, to meet staff members, and to meet other students enrolled.(3)Placement Preparation for Residential Students. (a) The school shall establish procedures to prepare the staff and students in the living unit for the new student's arrival and shall provide staff with appropriate information to receive the new student and assist in his/her adjustment.(b) Upon admission, the school shall designate and prepare sleeping quarters for the student and space for the student's personal belongings.(c) The school shall assign at least one staff member to help orient a newly admitted student to the facility and to explain the opportunities and programs available.(4)Parental Involvement. (a) The school shall have a written plan for involving parents, and shall have a Parents' Advisory Group. The Parents' Advisory Group shall advise the school on matters that pertain to the education, health, and safety of the students in the program.(b) The school shall have a procedure for assuring that it is informed by a parent or guardian of any changes in a student's legal status and of the results of all judicial and administrative proceedings concerning the student, and for disseminating this information to appropriate personnel.(5)Behavior Support.(a) Each school shall provide a written statement of the rules, policies and procedures for the behavior support of students. The statement shall contain a description of the safeguards for the emotional, physical and psychological well-being of the population served; measures for positive responses to appropriate behavior; and definition and explanation of behavior management procedures used in the facility including, where applicable:1. Methods of assessing and monitoring students' progress in the program;2. The type and range of restrictions a staff member can impose for behavior which is unacceptable;3. The type of restraint used in an emergency situation of last resort; the array of interventions used as alternatives to restraint; and the controls on the misuse and abuse of restraint;4. The use of the behavioral support strategy of time-out;5. Any denial or restrictions of on-grounds program services.(b) Students shall participate in the establishment of such rules, policies and procedures whenever feasible and appropriate.(c) Prior to admission, the school shall provide students and parents with a written copy of its behavior support policy.(d) The school shall inform parents and students of any significant changes in the behavior management procedures.(e) No student shall be subjected to abuse or neglect, cruel, unusual, severe or corporal punishment, including the following practices:1. Any type of physical hitting or pain inflicted in any manner upon the body;2. Requiring or forcing the student to take an uncomfortable position such as squatting or bending or requiring or forcing the student to repeat physical movements when used as punishment;3. Punishments which subject the student to verbal abuse, ridicule or humiliation;4. Denial of visitation or communication privileges with family;5. Denial of sufficient sleep;6. Denial of shelter, bedding, food or bathroom facilities.(f) The goal of behavior support shall be to maximize the growth and development of the student and to protect the group and the individuals in it.(g) The school shall directly relate consequences to the specific misbehavior and shall apply such consequences without prolonged delay.(h) Day educational programs approved under 603 CMR 28.09: Approval of Public or Private Day and Residential Special Education School Programs shall develop a policy on the use of physical restraint and administer physical restraint in accordance with the requirements of 603 CMR 46.00: Physical Restraint. Residential educational programs approved under 603 CMR 28.09: Approval of Public or Private Day and Residential Special Education School Programs shall comply with the requirements contained in 102 CMR 3.00: Standards for the Licensure or Approval of Residential Programs Serving Children and Teen Parents except for the school day, during which the requirements of 603 CMR 46.00: Physical Restraint shall apply for students enrolled in such programs. Educational programs within a program or facility subject to M.G.L. c. 123 or Department of Mental Health Regulations shall comply with the restraint requirements of M.G.L. c. 123, 104 CMR 27.12: Prevention of Restraint and Seclusion and Requirements When Used or 104 CMR 28.05: Physical Restraint, as applicable.(i) Any behavior support policy which results in a student being separated in a room apart from the group or program activities shall include, but not be limited to, the following: 1. Guidelines for staff in the utilization of such an area;2. Persons responsible for implementing such procedures;3. The duration of the procedures including procedures for approval by the chief administrative person or his or her designee for any period longer than 30 minutes, except that during the school day in a residential educational program, and in a day educational program approved under 603 CMR 28.09: Approval of Public or Private Day and Residential Special Education School Programs, the duration of the procedures shall be governed by 603 CMR 46.00: Physical Restraint;4. Requirement that students shall be observable at all times and in all parts of the room, and that the staff shall be in close proximity at all times;5. A procedure for staff to directly observe the student at least every 15 minutes;6. A means of documenting the use of such area including, at a minimum, length of time, reasons for this intervention, who approved the procedure, and who directly observed the student at least every 15 minutes.a. Time out rooms shall not be locked.b. Any room or space used for the practice of separation must be physically safe and appropriate to the population served by the facility.(6)Suspension.(a) Upon admission of a student, the school shall provide a written policy on suspensions to the parents, and the school district or human service agency that placed the student. Such policy shall conform to the federal requirements on discipline pursuant to 34 CFR § 300.(b) Whenever a student is suspended, the school shall immediately notify the parents or the Department of Social Services as appropriate, and the public school or human service agency responsible for the placement. Within 24 hours, the school shall send a written statement explaining the reasons for suspension to the parents or the Department of Social Services as appropriate and the public school district and human service agency responsible for the placement.(c) No student may be suspended and sent home unless a responsible adult is available to receive the student.(d) Once a student has been suspended for three consecutive school days or five non-consecutive school days in a school year, the school, parents, and public school district, consistent with federal requirements, shall explore together all possible program modifications within the school in an attempt to prevent total suspension of the student from the program.(7)Termination.(a) Upon admission of a student pursuant to 603 CMR 28.00: Special Education, the school shall ascertain a school district contact person. The school shall keep such person informed of the progress of the student and shall notify that person immediately if termination or discharge of the student is being discussed.(b) The school shall, at the time of admission, make a commitment to the public school district or appropriate human service 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 human service agency have had sufficient time to search for an alternative placement.(c)Planned Terminations.1. Except in emergency cases, the school shall notify the school district of the need for an IEP review meeting. The school district shall arrange such meeting and provide to all parties including the parent and if appropriate, the student, notice of this meeting ten days in advance of the intended date of the meeting. The meeting shall be held for the purpose of planning and developing a written termination plan for the student.2. The plan shall describe the student's specific program needs, the short and long term educational goals of the program, and recommendations for follow-up and/or transitional services.3. The school shall thoroughly explain termination procedures to the student, the parents, the Administrator of Special Education and officials of the appropriate human service agency.4. The written termination plan shall be implemented in no less than 30 days unless all parties agree to an earlier termination date.(d) In case of an emergency termination, which shall be defined as circumstances in which the student presents a clear and present threat to the health and safety of him/herself or others, the school shall follow the procedures required under 603 CMR 28.09(12).(8)Research, Experimentation. Fund Raising, Publicity and Observation. (a) The school shall not conduct any of the following without prior written notification to, and the prior written specific consent of, the affected student's parent. For students in the Department of Social Services care or custody, an Educational Surrogate Parent shall not have authority to consent to any of the following. For such students, consent shall be obtained consistent with the applicable Department of Social Services requirements. There also shall be consent by the student (if 14 years of age or older), unless the school has written documentation that the student is not capable of such a decision. A written copy of the school's notification to parents and the parent's consent, if granted, shall be sent to the school district responsible for the student.1. Research or experimentation;2. Use of the student's or family's name, photographs, or videotapes, for fund raising, publicity, or any other purposes.(b) The school shall not allow, without the written specific consent of the affected student's parents observation of any student in the school by persons other than parents of current or prospective students, paid staff of the school, volunteers and student interns working in the school, authorized staff of the public schools responsible for students in the school, authorized staff of the Department or authorized state or federal monitoring personnel. For students in the Department of Social Services care or custody, an Educational Surrogate Parent shall not have authority to consent to observations of the student as provided above. For such students, consent shall be obtained consistent with the applicable Department of Social Services requirements.
(c) The consent required under 603 CMR 18.05(8)(a) is not required for observation or data collection used to evaluate or document the services provided by the program when such observation or data collection is conducted by staff from the school, the Department, the public school, the parents or authorized state or federal monitoring personnel.(d) The school shall develop and maintain a written policy regarding the requirements of 603 CMR 18.05(a), (b) and (c) and shall make this policy available to parents and public schools.(9)Health and Medical Services. The school shall provide a narrative description of provision made for medical, nursing and infirmary care of students. (a) The school shall have a licensed physician available for consultation.(b) The school shall have a registered nurse or a licensed practical nurse available as deemed necessary by the Department depending upon the health care needs of the school population.(10)Emergency Procedures. The school shall establish and post a written plan detailing procedures for meeting potential emergencies. The plan shall include procedures for:(a) The assignment of personnel to specific tasks and responsibilities in emergency situations;(b) Instructions for the use of alarm systems and signals;(c) Systems for notification of appropriate persons;(d) Specification of evacuation routes and procedures;(e) The conduct of emergency drills for staff, at least quarterly and under varied conditions, in order to: 1. Assure that all personnel on all shifts are trained to perform assigned tasks;2. Assure that all personnel on all shifts are familiar with the use of the firefighting equipment in the facility; and3. Evaluate in writing the effectiveness of emergency plans and procedures.(f) The conduct of evacuation drills which include actual evacuation of students to safe areas during at least two drills each year on each shift. Sufficient drills must be held each year to ensure that all students are able to evacuate the building safely. 1. The school shall take special care to help all students to understand the nature of such drills.2. The school shall make special provisions for the evacuation of any mobility impaired student in the facility.3. The school shall keep a written log of each such evacuation drill, detailing such things as the date, the time elapsed, the students and staff who participated, and any witnesses.(g) Provision of a telephone number for students and staff to call and a system for emergency assistance to students while they are away from the facility and during the time that the school is in session. The school also shall be responsible for providing immediate backup that may be necessary as the result of any emergency.(h) Maintenance of an ongoing safety program which shall include but not be limited to investigation and recording of all accidents and recommendations for accident prevention. The school shall send copies of such investigations, records, and recommendations to the Department.(i) Water safety procedures which shall be in accord with the requirements of the local and/or state health departments and Department requirements for appropriately certified personnel and which shall provide for: 1. Insuring the students' safety when participating in recreational and/or therapeutic water activities; and2. A system to secure water recreational areas when not in use and to prevent unauthorized use by students.(j) Procedures for reporting and handling situations involving students who have run away.(11)Personnel Policies. The school must provide a detailed description of its personnel policies.(a) Each school shall designate one person who shall have administrative responsibility over the operation of the school. Schools with more than 40 professional certified staff may have one (or more) assistant administrators provided the Department approves such positions.(b) The administrator or designee shall at all times be on the premises of the school while the school is in operation. All staff on duty shall know who is responsible for administration of the school at any given time.(c) The school shall have available its written current personnel policies and practices. Such personnel policies shall include a description of:1. Criteria and procedures for hiring, written evaluations, suspension or dismissal of any staff person, including teacher and staff evaluation forms;2. The procedures for handling staff complaints; and3. Provisions for vacations, holidays, leaves, sick days, and any other benefits or requirements maintained by the school.(d) The school shall have written job descriptions for all staff positions which shall be made available to staff. Copies also shall be made available to parents, if requested.(e) The school shall establish in writing a salary range including benefits covering all positions and shall inform each employee of the same for his/her position.(f) The school shall submit written evidence that personnel are currently certified, licensed, or registered as required by applicable laws and regulations for providing services for the special education of the particular population typically served or to be served by such school. Such evidence must be submitted annually for all newly hired staff members.(g) The school shall provide orientation for all new staff to ensure an understanding of the school's philosophy, organization, program, practices and goals. The school shall describe in writing the school's program for staff orientation.(h) The school shall describe in writing its plan for developing and delivering inservice training. 1. Each staff member providing direct services to students must participate in a minimum of two hours of staff development each month.2. The school shall describe in writing its arrangements with any professional training program, including a description of student intern responsibilities and supervision of student interns by the college and the school.(i) The school shall describe in writing its plan for using volunteer services. Volunteers shall be chosen for their ability to meet the needs of the students enrolled and shall be provided appropriate orientation, training, and supervision.(j) The school shall describe in writing its policies and practices regarding equal employment/ educational opportunities/affirmative action in regard to race, color, creed, national origin, sex, and handicap.Amended by Mass Register Issue 1303, eff. 1/1/2016.