Section 7.401 - Special Education DefinitionsAs used 110 CMR 7.400 through 7.499 only the following terms shall have the following meanings:
(1)Child. Any person aged three through 21 years of age who has not obtained a high school diploma or its equivalent.(2)Child in Need of Special Education. Any child aged three through 21 years of age who, because of temporary or permanent adjustment difficulties or attributes arising from intellectual, sensory, emotional or physical factors, cerebral dysfunctions, perceptual factors, or other specific learning impairments, or any combination thereof, is unable to progress effectively in a regular educational program.(3)Educational Advocate. A person assigned by the Department of Education (DOE) to act in educational matters on behalf of a child.(4)Grandfathered Children. All children placed and funded in institutions by the Department of Public Welfare (DPW) prior to September 1, 1974 (effective date of M.G.L. c. 71B) are considered "grandfathered" and will continue to be funded in those institutions by the Department for so long as they remain in the Department's care or custody. In addition, all formal or informal agreements made before May 1, 1976 (effective date of the Interagency Agreement on the Clarification of Responsibility for Children in the Custody of Human Services Agencies) between a local educational agency (LEA) and DPW regarding placement and funding of children in special education programs shall continue in effect for so long as the child continues in the special education program and remains in the Department's care or custody.(5)Individualized Education Plan (IEP). A written statement of special educational needs and services, developed for a child in need of special education at a meeting of at least:(a) a representative of the local public school district who shall be qualified to provide, or supervise provision of, specifically designed instruction to meet the unique needs of the child,(c) the parents, guardian, custodian, or educational advocate of the child, and(d) whenever appropriate, the child.(6)Local Educational Agency (LEA). The local public school district which is responsible for providing educational services to the child in need of special education.(7)Prototype. Numerical scale developed by the Department of Education (DOE) which reflects the amount of time that a child in need of special education is separated from children not receiving special education services. Prototypes include: 502.1 Regular education with modifications
502.2 Regular education with less than 25% time spent outside the regular education classroom.
502.3 Regular education with less than 60% time spent outside the regular education classroom.
502.4 More than 60% time spent outside the regular education classroom.
502.5 Private school day program.
502.6 Private school residential program.
502.7 Home or hospital instruction.
502.8 Preschool special education program.
502.9 Diagnostic program.
502.11 Program for children aged 16 through 21.