Massachusetts Chapter 766 Massachusetts Chapter 766 1970 Chapter

Massachusetts Chapter 766

Massachusetts Chapter 766 1970 Chapter 766 – children with disabilities was being unfairly and systematically excluded from school in Boston. Mass Advocates for Children (MAC) pressured state lawmakers to enact MA Chapter 766 to ensure that students with disabilities would be educated. MAC sued Boston PSD. Chapter 766 served as the model for later federal special education legislation

Chapter 766 Guaranteed the rights of all young people with special needs ages 3 -22 to an educational program best suited to their needs. Required Team evaluations and Annual Reviews and IEPS. Children who are legally blind are entitled to a free and appropriate education in a setting that allows them to be part of their school community. Local school systems are required to educate every student in their community, and are responsible for funding appropriate educational costs.

MA re-codifies its laws Somewhat confusingly, when the Massachusetts General Laws were re-codified, the contents of the old Chapter 766 were transferred to a new statutory home. The Massachusetts Special Education Law can now be found at M. G. L. c. 71(b). The regulations implementing those sections are found at 603 C. M. R. 28. 00. Though the codification changed, the original name stuck and thus the portions of Massachusetts law governing the provision of special education services to children who need them are still referred to as Chapter 766 to this very day.

IDEA: 300. CFR ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; and, to ensure that the rights of children with disabilities and parents of such children are protected.

Chapter 766 continued M. G. L. Chapter 71 Section B (Frequently referred to as “Chapter 766”) This statute is parallel legislation to IDEA. It was originally enacted in 1972 and has been amended a number of times. The most recent amendments were enacted in 2000. The most controversial change eliminated the Massachusetts standard for services – “maximum possible development, ” also known as MFB or maximum feasible benefit – and substituted the federal standard – a free and appropriate public education.

Massachusetts Chapter 766 preceded the federal education law and served as its model. However, Massachusetts law set a higher standard for special education services: “maximum feasible benefit” as opposed to the federal standard of a “free and appropriate public education. ” Some believe that the Massachusetts standard resulted in our identifying a higher percentage of special education students as compared to most other states. The state legislature, after many years of debate on the issue, amended Massachusetts law and on January 1, 2002 we adopted the federal standard of a free and appropriate public education.

Supremacy Clause Because of the Supremacy Clause of the United States Constitution, federal laws and regulations must be followed whenever there is a conflict between state and federal law, EXCEPT where the state grants more rights to the individual.

References: Todd, N, (2008) Special Education: Understanding federal and state statutory requirements , Massachusetts Teachers Association. Retrieved from: http: //massteacher. org/~/media/Files/ CEPP/sped_primer. pdf