1.
Special Education Finances: State Subsidy and Direct
Payments
A.
General
Principles; Intermediate Educational Unit and School Administrative Unit
Responsibility
CDS:
For the CDS regional sites the CDS State IEU
Allocation Methodology governs the distribution of annual grant awards from
available funds to regional intermediate educational units in accordance with
an allocation methodology to ensure the provision of child find, early
intervention services for eligible children birth to under age 3, and special
education and related services for eligible children three to under age 6 with
disabilities and their families.
The purpose of the allocation methodology is to
distribute available funds based on objective statistical methods of allocation
that reflect site needs related to personnel and to children to be served. The
allocation methodology distributes available funds from federal Part B,
§619, federal Part C and State General Fund, including Medicaid Targeted
Case Management (TCM) cost reimbursement to the regional sites, or to local
educational agencies functioning as pilot sites. Medicaid cost reimbursement
for direct services is also accounted for.
The allocation methodology includes consideration of
the costs associated with the following functions: administration; child find;
case management; and provision of mandated services to eligible children. The
allocation methodology takes into consideration other factors, which include
the statewide population of children from birth under age 6; Child Count; the
Medicaid eligibility rate; and cost containment measures. The total allocations
made under the allocation methodology may not exceed funds allocated or
appropriated to the program.
SAUs for Children 5-22:
School administrative units are generally responsible
for financing the special education services to children with disabilities age
five to twenty- two in the first instance, with subsidy payments from the State
made pursuant to
20-A
MRSA §15681-A and with local property
taxes.
Beginning in fiscal year 2005-06, a SAU receives an
additional weight of at least 1.20 but not greater than 1.40 for each special
education child identified on the annual December 1st Child Count as required
by the federal Individuals with Disabilities Education Act for the most recent
year, up to a maximum of 15% of the SAU's resident pupils as determined under
20-A
MRSA §15674, subsection
1, paragraph C, subparagraph
(1).
For those school administrative units in which the
annual December 1st Child Count for the most recent year is less than 15% of
the school administrative unit's resident pupils as determined under
20-A
MRSA §15674, subsection
1, paragraph C, subparagraph
(1), the special education Child Count percentage may not increase more than
0.5% in any given year, up to a maximum of 1.0% in any given 3-year period. For
each special education child above the 15% maximum, the unit receives an
additional weight of .38. In addition, each school administrative unit must
receive additional funds:
(1)
For lower staff-student ratios and expenditures for related services
for SAUs with fewer than 20 special education children identified on the annual
December 1st Child Count as required by the federal Individuals with
Disabilities Education Act for the most recent year;(2)
For high-cost in-district special
education placements. Additional funds must be allocated for each child
estimated to cost 3 times the statewide special education EPS per-pupil rate.
The additional funds for each child must equal the amount by which that
student's estimated costs exceed 3 times the statewide special education EPS
per-pupil rate;(3)
For high-cost out-of-district special education placements. Additional
funds must be allocated for each child estimated to cost 4 times the statewide
special EPS per-pupil rate. The additional funds for each child must equal the
amount by which that student's estimated costs exceed 4 times the statewide
special education EPS per-pupil rate; and(4)
To ensure the SAU meets the
federal maintenance of effort requirement for receiving federal Individuals
with Disabilities Education Act funds.B.
Essential Program and Services
Funding Act: Allowable Special Education Costs
(1)
The salary and benefit costs of
qualified professional personnel, Educational Technicians, clerical staff or
qualified independent contractors providing special education services or
related services.(2)
The costs of tuition, board, and special education services paid to
other SAUs or private schools which have been approved by the Commissioner for
the provision of special education and related services as reported on the
EF-S-07 Report.C.
Costs of Qualified
Personnel
The salary and benefit costs for qualified
educational personnel shall be funded in part by the Department to the extent
that these personnel are assigned to special education functions. The
personnel providing early intervention services must meet qualifications that
are consistent with any state-approved or recognized certification, licensing,
registration, or other comparable requirements that apply to the area in which
such personnel are providing early intervention services.
(1)
Certified Educational
Personnel
For B-5 special education teachers shall have a #282
certificate.
For 5-22:
These shall include administrators, teachers and
educational specialists assigned to provide or administer special education
services:
|
Department of
Education Certificate Title |
|
Administrator of Special
Education |
#030 |
|
Assistant Administrator of Special
Education |
#035 |
|
Special Education
Consultant |
#079 |
|
School
Psychologist |
#093 |
|
Vocational Education
Evaluator |
#094 |
|
Speech & Hearing
Clinician |
#293 |
|
School Nurse ** |
#524 |
|
Teacher of Students w/
Disabilities |
#282 |
|
Teacher - Severe
Impairments |
#286 |
|
Teacher - Hearing
Impairments |
#292 |
|
Teacher - Visual
Impairments |
#291 |
|
Adapted Physical
Education |
#515 |
**Only as is necessary as identified on the child's
Individualized Education Program (IEP).
School units may not report as program costs the
salaries or benefits (full or prorated) of regular classroom teachers,
administrators or educational specialists (such as guidance counselors) that
provide instruction and services to children with disabilities in the same
manner as to all other children.
(2)
Auxiliary Staff
These shall include those Educational Technicians I,
II, and III approved by the Department's Office of Certification and assigned
full-time or part-time to provide special education services. The salaries or
benefits (full or partial) of persons who are assigned as Educational
Technicians in regular classrooms and are not providing direct services to
children with disabilities within those classrooms, are not allowable special
education costs.
(3)
Licensed or Credentialed
Providers
These shall include those persons licensed or
credentialed by appropriate state or national agencies to provide related
services to children with disabilities.
(a)
Qualified Licensed or
Credentialed Providers
|
Job
Title |
Licensing
Authority |
|
Audiologists |
Maine Board of Speech, Audiology and
Hearing |
|
Interpreter /
Transliterator |
Office of Licensing and Registration,
Department of Professional and Financial Regulation |
|
Licensed Clinical Professional Counselors
Licensed Marriage and Family Therapists |
Maine Board of Counseling Professionals
Licensure |
|
Occupational Therapists and Occupational
Therapy Aides |
Maine Board of Examiners of Occupational
Therapy Practice |
|
Physical Therapists and Physical Therapist
Assistants |
Maine Board of Examiners of Physical
Therapy |
|
Psychologists |
Maine Board of Examiners of
Psychologists |
|
Social Workers |
Maine Board of Social Workers
Licensure |
|
Speech-Language Pathologists, Speech-
Language Pathology Aides and Assistants |
Maine Board of Speech, Audiology and
Hearing |
|
Certified Employment
Specialist |
Association of Community Rehabilitation
Educators (ACRE) Note: Must also hold Educational Technician III authorization
through the Maine Department of Education |
|
Board Certified Behavior
Analyst |
Behavior Analyst Certification
Board |
|
Certified Assistive Technology
Professional |
Rehabilitation Engineering and Assistive
Technology Society of North America |
|
Orientation and Mobility
Specialist |
Academy for Certification of Vision
Rehabilitation and Education Professionals |
|
Recreation
Therapist |
National Council for Therapeutic Recreation
Certification |
(b)
Required Procedures for Contracted Special Education Services.
(i)
Use of independent contractors -
If the IEP Team determines that the provision of special education or related
services is necessary to identify or provide for a child's special education
needs and if the provider of such special education or related services is not
an employee of the SAU, such services shall be provided in accordance with the
terms of a written contract approved by the superintendent or the State
IEU.(ii)
Contracts - SAUs shall negotiate a written contract with any individual
or agency from which they wish to obtain special education or related
services.
The following information shall be included in each
contract:
(I)
Total
costs for services, listed in detail;(II)
Nature and extent of
consultation and/or evaluation services to be provided;(III)
The name, social security
number, and certification/licensure of the provider;(IV)
Provision for the proration of
charges and payments; and(V)
Provision for the timely exchange
of essential information and individual student reports between the provider
and the sending unit.(iii)
Credentials of independent
contractors - When contracted special education or related services are
provided to children, the provider shall be certified by the Department of
Education or hold a valid Maine license or other appropriate credential as
identified in Section
XV III.1.C(3)(a) above to practice in
any of the areas identified in that section.
Contracted consultants who do not possess either
certification or licensure, as described in paragraph (b)(iii) above, shall not
provide special education and related services without prior written approval
from the Department of Education.
Fingerprinting is required for all contracted
providers.
(c)
Annual Report of Contracted
Services
School units shall annually report all contracted
special education service providers on the "Contracted Services Report"
(EF-S-03 form) in the manner required by the Commissioner.
(d)
Payment for Contracted
Services
Payment for services by school administrative units
to qualified licensed contractors may be the Medicaid rate paid for comparable
services and must be considered payment in full. The payment for psychological
service providers may be the Medicaid rate that is provided for
psychologists.
(e)
If a school administrative unit is unable to find a qualified licensed
contractor at the Medicaid rate for comparable services, the first priority of
the school administrative unit must be to ensure the provision of free,
appropriate public education for eligible children, and the second priority of
the school administrative unit must be to enter into a short- term contract
with a qualified licensed contractor. The Department of Education shall provide
guidance to school administrative units on the procedures that must be followed
when a qualified licensed contractor is not available at or below the Medicaid
rate ceiling for comparable services.D.
State Payment for State Agency
Clients
Special education costs for state agency clients
shall be paid by the Department in the year of allocation at 100 percent of
actual costs in accordance with
20-A
MRSA §15689-A. Administrative units
seeking state payment for state agency clients shall submit Forms EF-S- 01,
EF-S-04A and EF-S-04B in the manner required by the
Commissioner.
E.
Special Education Services Reporting
Annual report of allowable special education expenses
shall be made following the close of each fiscal year using the MEDMS Financial
System in accordance with the accompanying instructions and with provisions of
the Essential Program and Services Funding Act.
F.
Reconciliation of Audit
Findings
The annual audit of SAUs shall determine whether a
SAU which receives tuitioned children with disabilities has generated a surplus
of income over allowable costs or incurred a deficit. The Commissioner may
require a rebate to sending units or additional tuition payments from sending
units in such cases or require such other arrangements as are deemed equitable
where the audit reveals that reports were made in error.
G.
Use of Third-Party
Funding(1)
Nothing in these
regulations or the regulations implementing the Individuals with Disabilities
Education Act (20 U.S.C.
§
1400 et seq.) is intended to relieve
an insurer, Maine Care or other third party, from an otherwise valid obligation
to provide or pay for services to a child with a disability.(2) Children with disabilities ages 3-22 who
are covered by public insurance.
(a) A public
agency may use the Medicaid or other public benefits or insurance programs in
which a child participates to provide or pay for services required
under this rule, as permitted under the public insurance
program, except as provided in paragraph
(2)(b) of this
section.
(b) With regard to
services required to provide free appropriate public education to an eligible
child
under this rule, the SAU. may not require parents to
sign up for or enroll in public benefits or insurance programs in order for
their child to receive FAPE under Part B of
IDEA and may not
require parents to incur an out-of-pocket expense such as the payment of a
deductible or co-pay amount incurred in filing a claim for services, but may
pay the cost the parents otherwise would be required to pay. The SAU may not
use a child's benefits under a public benefits or insurance program if that use
would decrease available lifetime coverage or any other insured benefit; would
result in the family paying for services that would otherwise be covered by the
public insurance program and that are required for the child outside of the
time the child is in school; would increase premiums or lead to the
discontinuation of benefits or insurance; or would risk loss of eligibility for
home and community-based waivers, based on aggregate health- related
expenditures;
Prior to accessing a child's or parent's public
benefits or insurance for the first time, and after providing notification to
the child's parents consistent with §300.154(d)(2)(v), must obtain
written, parental consent that--
(A) Meets the requirements of §99.30 of this title
and §300.622, which consent must specify the personally identifiable
information that may be disclosed (e.g., records or information about the
services that may be provided to a particular child), the purpose of the
disclosure (e.g., billing for services under part 300), and the agency to which
the disclosure may be made (e.g., the State's public benefits or insurance
program (e.g., Medicaid)); and
(B) Specifies that the parent understands and agrees
that the public agency may access the parent's or child's public benefits or
insurance to pay for services under part 300.
Prior to accessing a child's or parent's public
benefits or insurance for the first time, and annually thereafter, must provide
written notification, consistent with §300.503(c), to the child's parents,
that includes--
(A) A statement of the parental consent provisions in
§300.154(d)(2)(iv)(A)-(B);
(B) A statement of the "no cost" provisions in
§300.154(d)(2)(i)-(iii);
(C) A statement that the parents have the right under
34 CFR part 99 and part 300 to withdraw their consent to disclosure of their
child's personally identifiable information to the agency responsible for the
administration of the State's public benefits or insurance program (e.g.,
Medicaid) at any time; and
(D) A statement that the withdrawal of consent or
refusal to provide consent under 34 CFR part 99 and part 300 to disclose
personally identifiable information to the agency responsible for the
administration of the State's public benefits or insurance program (e.g.,
Medicaid) does not relieve the public agency of its responsibility to ensure
that all required services are provided at no cost to the parents.
(3) Children with disabilities ages 3-22 who
are covered by private insurance
(a) With
regard to services required to provide FAPE to an eligible child under these
rules, the SAU may access a parent's private insurance proceeds only if the
parent provides informed consent consistent with
Section
XV of this rule.(b) Each time the SAU proposes to access the
parent's private insurance proceeds, it must obtain parental consent in
accordance with these rules; and inform the parents that their refusal to
permit the public agency to access their private insurance does not relieve the
SAU of its responsibility to ensure that all required services are provided at
no cost to the parents.
(4) Policies related to use of public
benefits or insurance or private insurance to pay for Part C (B-2) services
(a)
Use of public benefits or public
insurance to pay for Part C services.
(1) A State may not use the public benefits
or insurance of a child or parent to pay for part C services unless the State
provides written notification, consistent with §303.520(a)(3), to the
child's parents, and the State meets the no-cost protections identified in
paragraph (a)(2) of this section.
(2) With regard to using the public benefits
or insurance of a child or parent to pay for part C services, the State-
(i) May not require a parent to sign up for
or enroll in public benefits or insurance programs as a condition of receiving
part C services and must obtain consent prior to using the public benefits or
insurance of a child or parent if that child or parent is not already enrolled
in such a program;
(ii) Must obtain
consent, consistent with §§ 303.7 and 303.420(a)(4), to use a child's
or parent's public benefits or insurance to pay for part C services if that use
would-
(A) Decrease available lifetime
coverage or any other insured benefit for that child or parent under that
program;
(B) Result in the child's
parents paying for services that would otherwise be covered by the public
benefits or insurance program;
(C)
Result in any increase in premiums or discontinuation of public benefits or
insurance for that child or that child's parents; or
(D) Risk loss of eligibility for the child or
that child's parents for home and community-based waivers based on aggregate
health-related expenditures.
(iii) If the parent does not provide consent
under paragraphs (a)(2)(i) or (a)(2)(ii) of this section, the State must still
make available those part C services on the IFSP to which the parent has
provided consent.
(3)
Prior to using a child's or parent's public benefits or insurance to pay for
part C services, the State must provide written notification to the child's
parents. The notification must include-
(i) A
statement that parental consent must be obtained under §303.414, if that
provision applies, before the State lead agency or EIS provider discloses, for
billing purposes, a child's personally identifiable information to the State
public agency responsible for the administration of the State's public benefits
or insurance program (
e.g., Medicaid);
(ii) A statement of the no-cost protection
provisions in §303.520(a)(2) and that if the parent does not provide the
consent under §303.520(a)(2), the State lead agency must still make
available those part C services on the IFSP for which the parent has provided
consent;
(iii) A statement that the
parents have the right under §303.414, if that provision applies, to
withdraw their consent to disclosure of personally identifiable information to
the State public agency responsible for the administration of the State's
public benefits or insurance program (
e.g., Medicaid) at any
time; and
(iv) A statement of the
general categories of costs that the parent would incur as a result of
participating in a public benefits or insurance program (such as co-payments or
deductibles, or the required use of private insurance as the primary
insurance).
(4) If a
State requires a parent to pay any costs that the parent would incur as a
result of the State's using a child's or parent's public benefits or insurance
to pay for part C services (such as copayments or deductibles, or the required
use of private insurance as the primary insurance), those costs must be
identified in the State's system of payments policies under §303.521 and
included in the notification provided to the parent under paragraph (a)(3) of
this section; otherwise, the State cannot charge those costs to the
parent.
(b)
Use
of private insurance to pay for Part C services.
(1)
(i) The
State may not use the private insurance of a parent of an infant or toddler
with a disability to pay for part C services unless the parent provides
parental consent, consistent with §§ 303.7 and 303.420(a)(4), to use
private insurance to pay for part C services for his or her child or the State
meets one of the exceptions in paragraph (b)(2) of §303.520. This includes
the use of private insurance when such use is a prerequisite for the use of
public benefits or insurance. Parental consent must be obtained-
(A) When the lead agency or EIS provider
seeks to use the parent's private insurance or benefits to pay for the initial
provision of an early intervention service in the IFSP; and
(B) Each time consent for services is
required under §303.420(a)(3) due to an increase (in frequency, length,
duration, or intensity) in the provision of services in the child's
IFSP.
(ii) If a State
requires a parent to pay any costs that the parent would incur as a result of
the State's use of private insurance to pay for early intervention services
(such as co- payments, premiums, or deductibles), those costs must be
identified in the State's system of payments policies under §303.521;
otherwise, the State may not charge those costs to the parent.
(iii) When obtaining parental consent
required under paragraph (b)(1)(i) of this section or initially using benefits
under a child or parent's private insurance policy to pay for an early
intervention service under paragraph (b)(2) of §303.520, the State must
provide to the parent a copy of the State's system of payments policies that
identifies the potential costs that the parent may incur when their private
insurance is used to pay for early intervention services under this part (such
as co-payments, premiums, or deductibles or other long-term costs such as the
loss of benefits because of annual or lifetime health insurance coverage caps
under the insurance policy).
(c)
Inability to pay. If a
parent or family of an infant or toddler with a disability is determined unable
to pay under the State's definition of inability to pay under
§303.521(a)(3) [system of payments and fees] and does not provide consent
under paragraph (b)(1), the lack of consent may not be used to delay or deny
any services under this part to that child or family.
34 CFR
303.520
H.
Local Entitlement Funds
Each SAU providing special education services to
children with disabilities is eligible to receive federal "local entitlement"
funds upon the Department's approval of the SAU's application (Form EF-S-08)
for such funding. Applications shall be submitted in the manner required by the
Commissioner. The Department shall respond within a reasonable period of the
receipt of each such application.
I.
Other Agency
Responsibility
The Department is responsible for ensuring that
children with disabilities who are eligible for special education services are
provided a free appropriate public education and that all educational programs
for children with disabilities in the State, including any such programs
administered by any other state or local agency, are under the general
supervision of the Department and meet the standards contained in these
regulations.
Nothing in these rules relieves any other public
agency, including the Maine Department of Health and Human Services, the
Department of Labor, and Bureau of Vocational Rehabilitation or the Department
of Corrections, of the responsibility to provide or pay for any early
intervention, special education or related service that the agency would
otherwise provide to children with disabilities who meet the eligibility
criteria of that agency.
Responsibility for services, dispute resolution, and
any reimbursement of cost to the Department or local agency shall be governed
by Interagency Agreements and the Interagency Dispute Resolution
Process,
If a public agency other than an educational agency
fails to provide or pay for the special education and related services, the SAU
shall provide or pay for these services to the student in a timely manner. The
SAU may then claim reimbursement for the services from the non-educational
public agency that failed to provide or pay for these services and that agency
shall reimburse the SAU in accordance with the terms of the interagency
agreement.
2.
Special Education Finances:
Public School Tuition Computations
A.
General Principles
SAUs may, in accordance with this rule, provide
special education services to its children by tuitioning them to another SAU.
The receiving SAU shall charge a special education tuition rate for those
services, which rate shall be based upon the allowable costs of special
education and related services and shall not exceed the actual per pupil costs
for these services.
B.
Allowable Costs
The allowable costs for computation of special
education tuition rates shall be the same as those used in computation of
tuition rates for children in regular education: all special education costs
except for costs of community services, capital outlay, debt retirement,
tuition and transportation.
C.
Computation of Tuition
Rates
The special education tuition rate for each SAU
receiving tuitioned children with disabilities shall be determined by dividing
the sum of the allowable expenditures by the average daily enrollment of
children. The allowable expenditures used in computing tuition of an on-going
public school special education service shall be based on the prior
year expenditures, and the average daily enrollment of children shall be
based on the actual number of children receiving special education services
enrolled in the SAU for the prior school year.
D.
Tuition Rates for New
Programs
In the case of a new public special education program
that receives tuitioned children, the tuition shall be computed by dividing the
estimated allowable expenditures by the estimated average daily enrollment of
children receiving special education services.
E.
Regular Tuition Costs and
Allowable Costs
If the SAU pays a regular tuition, as calculated
under 20-A MRSA Chapter 219, plus an additional amount for allowable special
education services for a child, only the additional amount for allowable
special education services shall be considered a special education
expenditure.
3.
Special Education Finance:
Private School Tuition Computations, Approval Procedures
A.
General Principles
Special purpose private schools and general purpose
private schools may, in accordance with this rule, provide special education
services to children with disabilities and receive tuition payments for such
services from SAUs or the Department. In order to receive public funds, a
private school shall comply with 20-A MRSA Chapter 117, sub-chapter
2.
B.
Annual Year-End Reports
Each special purpose private school shall file an
EF-S-10 Year-End Report with the Department in the format required by the
Commissioner. All requested information pertaining to actual revenues,
expenditures, and enrollments and, where applicable, estimates shall be
provided within the specified time limits.
C.
Tuition Computation: Special
Purpose Private Schools
The daily tuition rate at a special purpose private
school shall be the sum of allowable expenditures divided by the number of
student days. For purposes of this computation:
(1)
Allowable expenditures,
calculated for the fiscal year (July 1 to June 30) immediately before the
fiscal year for which the tuition rate is computed, include only the
following:(a)
Compensation
of employees for the time spent on, and specifically identified as related to,
the development and/or implementation of individualized educational
programs;(b)
Costs of materials acquired, consumed, or expended specifically for the
development and/or implementation of individualized educational
programs;(c)
Equipment and other approved capital expenditures necessary for the
development and/or implementation of individualized educational
programs;(d)
Travel expenses incurred specifically for the development and/or
implementation of individualized educational programs; and(e)
Indirect costs necessary for the
development and/or implementation of individualized educational
programs;(2)
The number of student days, calculated for the fiscal year immediately
before the fiscal year for which the tuition rate is computed, is the sum of
the days on which instruction was provided in accordance with the school's
calendar;(3)
The
allowable expenditures calculated in accordance with paragraph (1) shall be
divided by the number of student days calculated in accordance with paragraph
(2);(3-A)
Each
SAU shall pay the daily tuition rate calculated above for the total number of
student days, regardless of whether the student is in attendance each day, with
the following exception: the IEP Team determines whether a student attends
during ESY/full-year programming; if the IEP Team decides a student doesn't
need ESY/full-year programming, the SAU is not required to pay the daily
tuition rate for any day that falls outside the student's program year (e.g.
during the summer months).
NOTE: The calculation of the daily tuition rate does
not change based on whether a student attends during the typical school year
only or beyond the typical school year through ESY or full-year programming.
The only change is to the number of days for which the SAU is required to pay
tuition.
(4)
For each year, the tuition rate for each special purpose private school
shall be capped at its rate for the previous fiscal year plus the median change
in the sum of allowable expenditures of all State of Maine approved special
purpose private schools for the 2 fiscal years immediately before the year for
which the tuition rate is computed; this is known as the adjustment
factor.
(a)
In a year in
which the median change is negative, the special purpose private schools with
rates more than one standard deviations lower than the mean will not be subject
to a further negative adjustment;(b)
In a year in which the median
change is positive, the special purpose private schools with rates more than
one standard deviation higher than the mean shall be capped at the rate for the
previous fiscal year plus one half of the adjustment factor;(c)
The adjustment factor shall be no
more than 6%.(d)
Nothing in subparagraph (4) shall limit any increase in the tuition
rate resulting from the change in calculating the number of student days in
subparagraph (2) from the actual days of student attendance to the days on
which instruction was provided in accordance with the school's
calendar.(5)
Operating fund balances. General operating fund balances at the end of
a special purpose private school's fiscal year must be carried forward to meet
the school's needs in the next year. Net revenues in excess of 103% of the
fiscal year's net expenses must be used to reduce the net expenditures in the
following year.(6)
Chargeable rate. The maximum rate of tuition that may be charged by a
special purpose private school is the rate computed under this subsection
unless the school presents sufficient evidence to the Commissioner that a
hardship will exist if a higher rate is not
approved.D.
Exempted Private Agencies
This section shall not apply to, and the Commissioner
shall have no authority over, tuition rates charged for special education
programs by private agencies where the tuition is not paid, reimbursed or
otherwise funded in whole or in part by this State.
E.
General Purpose Private Schools
with Exclusive Contracts or A Child Enrollment With Greater Than 60% Public
Tuition Children.
A general purpose private school that has a contract
with a SAU for the provision of elementary and/or secondary education or
enrollment of greater than 60% publicly tuitioned children shall establish a
tuition rate for special education services based on actual per child costs.
The special education tuition rate shall be determined by dividing the sum of
the allowable costs (based on the prior year expenditures) by the average daily
enrollment of children. The allowable expenditures used in computing tuition of
an on-going special education service in a general purpose private school shall
be based on the prior year expenditures and the average daily enrollment of
children shall be based on the actual number of children receiving special
education services enrolled in the school for the prior school
year.
F.
General Purpose Private Schools with Tuition Children
A general purpose private school that does not have a
contract with a school administrative unit for the provision of elementary
and/or secondary education shall charge a tuition rate that does not exceed the
State elementary or secondary per child tuition rate as computed under
20-A
MRSA §§5804 and
5806.
