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Frequently Asked Questions
- The Massachusetts Association of Approved Special Education Schools, known as MAAPS, is the trade association of the approved special education private schools. MAAPS represents over 80 approved providers, which run more than 150 schools/programs in Massachusetts and beyond. MAAPS provides services and advocacy for its member schools. Membership is voluntary.
- MAAPS does not provide or facilitate placements for individual students.
- Visit the online directory to locate an approved special education school in the online directory, review the placement resources, and plan your visit to a member school.
- K-12 education is a constitutional right in America. The Individuals with Disabilities Education Act (IDEA) is a federal law that entitles all students to a free, appropriate public education (FAPE) in the least restrictive environment (LRE). If a child’s needs cannot be met in the public school, then the public school must provide for the child to attend an alternative, out-of-district placement that meets their needs as outlined in their Individual Education Program (IEP). That alternative placement, is typically at an approved special education private school.
The Department of Elementary and Secondary Education (DESE) defines an approved special education private school or an approved program as, “a private day or residential school, within or outside Massachusetts, that has applied to, and received approval from, the Department of Education.”
These schools are also referred to as “Chapter 766” schools in reference to the groundbreaking 1973 Massachusetts law (now Mass. General Laws Ch. 71B) that guarantees the rights of children with special needs (ages 3-21) to an educational program that meets their needs. A child who goes to school at an approved special education private school is often said to be at an “out-of-district placement.”
- Children who have a wide range of educational needs attend special education private schools. Many of these students have complex learning needs, and/or accompanying behavioral challenges, and/or medical needs. Most are public school special education students who have failed in other settings and have not demonstrated meaningful educational progress.
- In 2017, the U.S. Supreme Court delivered a landmark ruling that clarified the substantive standard for determining whether a student's IEP — the centerpiece of each child's entitlement to FAPE under IDEA – is sufficient to enable a student with a disability to make progress appropriate considering his or her circumstances (Endrew v. Douglas County School District, 137 s. Ct. 988, 992 (2017). For students attending approved special education schools, their IEP team has determined
- The student is not making progress in the public school
- Their disability is a barrier to accessing their education
- An approved special education school would be the least restrictive environment (LRE) to meet their specific needs
- When a student is referred to an approved special education school, if the school’s mission, approval and staffing is appropriate to meet that the needs of that student, the student may be admitted. Unlike a public school, however, an approved school is not mandated to admit a student.
- Children with disabilities should be educated with general education peers in the least restricted environment (LRE) to the maximum extent possible. Physical inclusion in this classroom environment is not enough – progress by the student must also be attainable. If a child is placed in a setting that is technically less restrictive, but they are not learning, it does not meet LRE.
- Most children are referred to a private special education school because the child’s disability is a barrier from them being able to access FAPE.
- Schools collaborate with the Local Education Authority (LEA) to meet the “LEA’s substantial obligation under the IDEA,” to ensure that the child is offered an IEP that is reasonably calculated to ensure a child will make progress.
- IRIS_Least_Restrictive_Environment_InfoBrief
- It means the private special education schools meet the same stringent regulations and pertinent federal and state education requirements as all other public schools in Massachusetts.
- The Department of Elementary and Secondary Education (DESE) also must approve the approved special education school’s student population. DESE conducts routine reviews to ensure the school remains in compliance with requirements.
- DESE and other state agencies extensively regulate approved schools, similarly (but not identically) to their regulation of public schools. This ensures safety, transparency and accountability to students who attend.
- No, approved special education schools are private schools. These students would be public school students, if the public school could provide them FAPE.
- Approved special education schools and public schools function as a partnership. The approved special education schools act as a collaborative arm of the public schools to ensure that these students have access to FAPE.
- For each student placed at an approved special education school, the public school retains responsibility for the development of the child’s IEP and the school district for monitoring responsibilities of each student.
- Special education is paid for at three levels – federal, state and local.
1. Federal – for example, IDEA funds to districts
2. State – for example, Chapter 70 aid, local aid, and Special Education Circuit Breaker Fund
3. Local – primarily by the local education authority (LEA), as the local school system is required to educate every student in their community. - For Massachusetts LEA-referred students, the state reimburses local school districts a tremendous amount for students placed at an approved special education school.
o In the 2023-2024 school year, the Commonwealth of Massachusetts reimbursed LEAs 75% of all costs for the tuition over the set minimum spend per year through the Special Education Circuit Breaker Fund. In other words, once a school district spends the set minimum amount as established annually, the state pays 75% of all tuition above that.2
o The Commonwealth also has a funding aid formula set by Chapter 70, that allocates funds to each school district for special education students whose specific needs require out of district placement at an approved special education school. - In some instances, the referring state agency (like DCF), the out-of-state school district, or the child’s parents/caregiver pay.
- No. IDEA and state law Ch. 71B guarantee the rights of students with special education needs to an education. Approved schools are approved by the Commonwealth to meet specific populations and their complex needs. Special education is always about the individual.
- In accordance with IDEA and state law, the tuition at an approved special education school cannot be set by the educational regulatory agency (DESE).
- Tuition rates are determined by the Massachusetts Operational Services Division (OSD). OSD serves both business and government customers through a variety of services and programs that include setting the tuition prices for approved special education programs, and management and oversight of procurements for goods and services. OSD is a separate and distinct finance agency of the Commonwealth. The annual tuition rate of each school is not negotiable per student.
- Approved special education schools are highly regulated entities that must meet the requirements of the Massachusetts statewide curriculum and regulations. All services defined in the student’s IEP must be met and the same rights of public-school students continue in the approved private school setting.
- Independent private or religious private schools do not require Commonwealth approval, are not obligated by law to follow state special education requirements or IEPs and 504 Plans (but may accept them) and may or may not serve children with special needs. Unlike most approved special education schools, independent private schools are chosen and paid for solely by caregivers/parents.
- The key difference is the legal and regulatory framework – approved special education schools are highly regulated entities that work as a collaborative arm to the public schools ensuring that state oversight and legal needs are met.
- The child’s IEP team (school district, professionals and parents/caregivers) is responsible for making decisions about a child’s school placement.
- A referral to an approved special education school may be made when the team agrees that:
- The public school is unable to provide FAPE as defined by Endrew v. Douglas County School District, 137 s. Ct. 988, 992 (2017); and
- The child is not making effective progress
- If those two items match, a proper individualized referral is made and if an appropriate placement is available, a student may then be accepted to the school. Following acceptance, a placement agreement is entered into for that specific student.
MAAPS Member Help
Other Inquiries
Professional inquiries may be directed to info@maaps.org
MAAPS is an association that provides services and advocacy for member schools. MAAPS does not provide placement consultations or facilitate referrals for individual students. If you are a parent or professional reaching out about an individual student, please refer to the online directory for school admission contact information and the placement resources section of maaps.org for other helpful information.
If you are a parent or caregiver looking for family support or special education information and resources, please contact the Federation for Children with Special Needs.