Mass. Gen. Laws ch. 71B § 1

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session
Section 71B:1 - Definitions

The following words as used in this chapter shall have the following meanings, unless the context clearly requires otherwise:

"Department", the department of education.

"Least restrictive environment", the educational placement that assures that, to the maximum extent appropriate, children with special needs, including children in public or private institutions or other care facilities, are educated with children who do not have special needs and that special classes, separate schooling or other removal of children with special needs from the regular educational environment occurs only when the nature or severity of the special needs is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

"Regular education", the school program and pupil assignment which normally leads to college preparatory or technical education or to a career.

"School age child", any person of ages three through twenty-one who has not attained a high school diploma or its equivalent.

"School age child with special needs", a school age child who, because of a disability consisting of a developmental delay or any intellectual, sensory, neurological, emotional, communication, physical, specific learning or health impairment or combination thereof, is unable to progress effectively in regular education and requires special education services in order to successfully develop the child's individual educational potential; provided, however, that no child shall be determined to be a student with special needs solely because such child's behavior violates the school's disciplinary code; and, provided further, that use of the word disability in this section shall not be used to provide a basis for labeling or stigmatizing the child or defining the needs of the child and shall in no way limit the services, programs, and integration opportunities provided to such child.

"School age child requiring special education", a child with special needs who requires special education as determined in accordance with the regulations set forth by the department.

"Special education", educational programs and assignments, namely, special classes, programs or services designed to develop the educational potential of children with special needs including, but not limited to, educational placements of children by school committees, the departments of public health, mental health, developmental services and youth services and the department of children and families in accordance with the regulations of the department of education.

Mass. Gen. Laws ch. 71B, § 1

Amended by Acts 2008, c. 451,§ 52, eff. 6/30/2009.
Amended by Acts 2008, c. 176,§ 64, eff. 7/8/2008.