Massachusetts General Laws
Chapter 71b - Children With Special Needs
Section 12a - Definitions Applicable to Secs. 12a to 12c

Section 12A. For the purposes of sections twelve A to twelve C, inclusive, the following words shall have the following meanings:
''Disabled person'', a person who is unable to engage in substantial gainful activity by reason of medically determinable physical or mental impairment which can be expected to result in death or be of at least twelve months' duration; provided, however, that such impairment is of such severity that such individual is unable to do his previous work, if any, and, considering his age, education, and work experience, cannot engage in substantial gainful activity.
''Education authority'', the school committee or other education provider responsible for the provision of special education pursuant to the provisions of this chapter.
''Habilitative services'', services directed toward the alleviation of limitations on major life activities of a disabled person, including diagnosis, evaluation, treatment, personal care, daycare, respite care, home care, residential care, group care in a community residence, special living arrangements, training, education, sheltered employment, supported work, recreation, counseling, protective and social services, legal services, information and referral services, and transportation services.
''Major life activity'', self-care, including personal hygiene, dressing and eating; communication and language skills, including reception and expression; learning; mobility; capacity for independent living; and economic self-sufficiency.
''Substantial gainful activity'', the performance of a task for at least twenty hours per week for which a disabled person receives compensation either in currency or in-kind; provided, however, that such activity shall not include sheltered workshops, supported work, occupational therapy or any other work activity supported by the federal, state, or local governments for the purpose of assisting such disabled person to participate in such activity.
''Transitional plan'', a plan for a program of habilitative services for disabled person whose entitlement to services under special education programs has terminated or will terminate as a result of such person's graduation from high school or attainment of age twenty-two.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XII - Education

Chapter 71b - Children With Special Needs

Section 1 - Definitions

Section 2 - Regulations; Special Education Programs; Pre-School Level Admission to Programs; Assignment of Child

Section 2a - Bureau of Special Education Appeals; Duties; Director; Supervision; Standards for Dispute Resolution; Confidentiality; Hearing Officers; Memorandum of Understanding; Bureau of Special Education Appeals Advisory Council

Section 3 - Identification of School Age Children With a Disability; Diagnosis of Disability; Proposal of Program; Evaluations and Assessments of Child and Program

Section 3a - Administrator of Special Education; Duties; Joint Appointment

Section 4 - Agreements Between School Committees or With Public or Private Schools

Section 5 - Costs or Obligations; Payment; Budget

Section 5a - Special Education Reimbursement Program

Section 5b - Pooled Risk Program for Extraordinary and Unanticipated Special Education Costs

Section 5c - Zero Interest Loan Program for Extraordinary and Unanticipated Special Education Costs

Section 6 - Assignment of Children to Classes; Annual Report; Equal Educational Opportunities; Prima Facie Denial; Hearings; Injunctive or Other Relief

Section 7 - Tests for Selection of Children for Referral, Diagnosis, or Evaluation

Section 8 - Transportation to and From School; Reimbursement to Parents

Section 9 - Department to Define Circumstances Requiring Special Education Programs and to Provide Standards

Section 9a - Workshop Curriculum; Parent Advisory Committee

Section 10 - Referral of Children to Institutions Within or Without the Commonwealth on Annual Renewal Basis Upon Request; Requisites; Expenses and Cost

Section 11a - Incarcerated Children With a Disability; Special Education

Section 12 - School Departments; Establishment; Administration; Staff; Operation; Expenditures; Costs of Education

Section 12a - Definitions Applicable to Secs. 12a to 12c

Section 12b - Bureau of Transitional Planning; Transitional Advisory Committee; Establishment

Section 12c - Continuing Habilitative Services; Eligibility; Transitional Plan; Rules and Regulations

Section 16 - Students With Disabilities; Participation in High School Graduation Ceremonies and Activities Without Award of High School Diploma