DESE has proposed a new set of regulations on disciplinary procedures for students with disabilities. Spoiler: the language and procedures have existed under IDEA so there isn’t much that is new-new.
As part of the 2025 supplemental state budget, specifically under Section 30, the Department of Elementary and Secondary Education is direct to add language under Section 3 of MA G.L. Ch. 71B to “promulgate regulations to continue in effect and enforce the provisions of 20 U.S.C. 1415(k) in effect on January 1, 2025.”
To save you a few clicks, this all means that DESE is required to develop regulations for Massachusetts-context policies related to student discipline and changes in educational placements for students with disabilities. In teacher terms, this will clarify the rules for suspensions for students with an IEP.
Massachusetts public schools are required to follow the Individuals with Disabilities Education Act statutory and regulatory procedural requirements in disciplinary situations when child has a disability or is suspected of having a disability. These primarily apply to cases where a student breaks a school rule or violates the district code of conduct and is then removed from their normal classroom setting (e.g. an out of school or in-school suspension). In special education terms, this becomes a change in their educational placement. Since the special education team determines the educational placement, any change in the placement for more than 10 days triggers a process to review the student’s conduct and the placement.
A gap partially existed because Massachusetts special education regulations did not include language on the process for a manifest determination review or procedural rights (including a functional behavioral assessment (FBA) or behavioral intervention plan (BIP). However, the rules still applied. Not surprisingly, there was uneven implementation across schools.
And no, these regulations do not exempt a student from the school safety and student conduct/discipline policies. The existing IDEA requirements simply add an administrative step to ensure the student is not being punished for their disability and is meant to ensure the student is in the correct educational setting.
The Board of Elementary and Secondary Education have put out a set proposed regulations and the process for submitting public comment here.
Comments are due April 24, 2026 at 5:00pm
Submit Your Comments:
- Public Survey
- Email: BESERegulationComments@mass.gov
- Mail: Regulations Public Comment, c/o Commissioner’s Office, Department of Elementary and Secondary Education, 135 Santilli Highway, Everett, MA 02149.
In the February 2026 BESE meeting, the BESE February 18, 2026 memo summarized the context of the proposed amendments and the full set of the proposed regulations are available below.
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