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HOUSE DOCKET, NO. 3317        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 481


The Commonwealth of Massachusetts



Pam Richardson


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:

An Act relative to special education.






Pam Richardson

6th Middlesex

Kevin J. Murphy

18th Middlesex

David M. Nangle

17th Middlesex

Jennifer M. Callahan

18th Worcester

Thomas P. Conroy

13th Middlesex

Thomas A. Golden, Jr.

16th Middlesex

Steven J. D'Amico

4th Bristol

Stephen L. DiNatale

3rd Worcester

Colleen M. Garry

36th Middlesex

Lida E. Harkins

13th Norfolk

Allen J. McCarthy

7th Plymouth

Frank I. Smizik

15th Norfolk

Bruce E. Tarr

First Essex and Middlesex

The Commonwealth of Massachusetts


In the Year Two Thousand and Nine



An Act relative to special education.


              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

              Section 5A of Chapter 71B of the General Laws is hereby amended by adding at the end thereof the following paragraph:              

              Notwithstanding any general or special law to the contrary the department of children and family services shall not make special educa tion placement decisions and shall adhere to the current individualized education plan until it is altered by the team process pursuant to applicable law. Furthermore, the department of elementary and secondary education shall consider a special education day school operated by an educational collaborative or other public entity as a different program type than one operated by a private entity. A school district shall only be responsible for their portion of the costs associated with a private residential p lacement pursuant to a valid individualized education plan.

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