DESE Technical Assistance Advisory 2014-5 Charter Schools and Students with Disabilitities

Mass Department of Elementary and Secondary Education (DESE)

Charter School Responsibilities for Students with Disabilities Who May Need an Out-of-District Program - 603 CMR 28.10(6)

All Massachusetts public charter schools are required to accept, enroll, and serve students with disabilities and to provide a free and appropriate public education to those students in the least restrictive educational environment. Charter schools may not consider a student's disability or the services that may be required to serve a student-including students who may be in out-of-district programs at the time of application for admission-in determining whether to admit the student.

This advisory is designed to provide guidance to charter schools on the process to follow after an eligible charter school student's IEP Team determines that an out-of-district program for special education services may be needed. This issue is addressed at 603 CMR 28.10(6).