Current through Register 1531, September 27, 2024
(1) Each school district shall pay for the
special education and related services specified in the approved individual
education plan for every student in need of special education for whom the
district is assigned financial responsibility under
603 CMR
28.00: Special Education.
(2) School districts which enroll
non-resident students pursuant to M.G.L. c. 74, § 7 (vocational schools),
M.G.L. c. 76, §12A (Metco receiving districts), § 12B (school choice
receiving districts), or M.G.L. c. 71, § 89 (charter schools) shall
provide and pay for the special education and related services specified in the
approved individual education plan for every student so enrolled whose special
education needs can be met in a program operated by the district.
(3) For the purposes of determining the
tuition for students within individual education plans under M.G.L. c. 76,
§ 12B, and under any other program for which the Department is required to
establish a tuition reflecting the full cost of such services, said tuition
shall include:
(a) the cost of instructional
services as calculated pursuant to 603 CMR 10.07(6).
(b) an allowance for overhead and indirect
costs to be published annually by the Department based on the current state
average per pupil allotments for non-instructional services in the foundation
budget as defined in M.G.L. c. 70; and
(c) actual costs for transportation services
required by the student's individual education plan.
(4) State payments to school districts under
the special education circuit breaker reimbursement program, so-called (M.G.L.
c. 71B, § 5A,) shall be made in accordance with 603 CMR 10.07(5) through
10.07(11). Claims for reimbursement under this program shall be submitted by
the district that has financial responsibility under
603 CMR
28.03(4).
(5)
Definitions.
Eligible Student shall mean a student
eligible for special education services consistent with the requirements of
603 CMR
28.00: Special Education and for whom
the district has developed an individualized education program (IEP) as defined
in
603 CMR 28.02:
Definitions.
Instructional Costs shall mean the
cost to the district of providing services specified on the eligible student's
IEP, as calculated pursuant to 603 CMR 10.07(6) through (8). Instructional
costs shall not include transportation, administrative, overhead, evaluation,
or service coordination costs, or any costs paid directly or indirectly by
third parties.
(6)
Instructional Cost Groups. The Department shall
annually establish pricing standards for each of the following instructional
cost groups. Such pricing standards shall be annually increased using the
estimated rate of inflation as determined by the Operational Services Division
for use in program pricing.
(a)
Consultation Services. Any consultation services
required by the IEP of the eligible student shall be included for purposes of
determining reimbursement eligibility at the group service rate for the type of
service according to the identified cost group.
(b)
General Education
Services. Instructional costs for eligible students may include an
allowance for the cost of general education services. Such allowance shall be
published annually by the Department based on the current state average per
pupil allotments for instructional services in the foundation budget as defined
in M.G.L. c. 70. No other general education services may be included in the
calculation of instructional services for the student. General education
services include, but are not limited to, any instructional services provided
by the general education teacher(s) responsible for the general education
classroom(s) of the school whether or not such teacher's services are
identified on the eligible student's IEP.
(c)
Special Education Services
Provided by Certified or Licensed Staff. Services specified on the
eligible student's IEP and provided by a person with certification or license
in his or her professional area or an approved waiver of a teaching certificate
in an area of special education. Certification shall meet the requirements of
603 CMR 7.00: Educator
Licensure and Preparation Program Approval and the requirements for
recertification at
603 CMR
44.00: Educator License Renewal, as
necessary. Such services may include teaching services and services in related
service areas of occupational therapy, behavior therapy, speech and language
therapy, audiology, physical therapy, or counseling, but shall not include
persons holding professional certificates for occupational therapy assistants
or physical therapy assistants. Such services may be provided individually or
in groups. Such services must comply with the definition of "special education"
in
603 CMR 28.02:
Definitions. The additional costs of special educators
providing extended day or year services as specified on the eligible student's
IEP shall be included in the calculation of individual student instructional
cost.
(d)
Specialized
Health Care Services. Services provided in accordance with an
eligible student's IEP in the areas of nursing services or individualized
services associated with special health care needs. Specialized health care
services may be provided individually.
(e)
Other Specialized Services
Provided by Professional Staff. Specialized services provided in
accordance with an eligible student's IEP in the areas of music therapy,
adaptive physical education, recreation therapy, vision training, home/school
facilitation and interpretation for the deaf or hard of hearing. Such services
must be provided by professionals trained through an accredited program or
through meeting the requirements of their professional organization.
Specialized services may be provided individually or in groups. The additional
costs of such professional staff providing extended day or year services as
specified on the eligible student's IEP shall be included in the calculation of
individual student instructional cost.
(f)
Specialized Services Provided
by Staff Who Have Received Specialized Training. Specialized
services provided in accordance with an eligible student's IEP that are
provided under the supervision of a certified or licensed professional by staff
who have been required to participate in specialized training. Examples of such
specialized services include the use of applied behavior analysis, mobility
training, a job coach, a work experience assistant, a certified occupational
therapy assistant, a physical therapy assistant and/or instruction using
specialized equipment needed by the student. This cost group includes only
services provided by specially trained staff under the supervision of
professional staff. Services in this cost group may be provided individually or
in groups. The additional costs of such staff providing extended day or year
services as specified on the eligible student's IEP shall be included in the
calculation of individual student instructional cost.
(g)
Services Provided by Support
Staff. Services provided by support staff under the supervision of
a certified or licensed professional in accordance with an eligible student's
IEP. This cost group includes services provided by a personal care assistant, a
teaching assistant, or an aide. Training provided to staff in this area does
not constitute "specialized training" as in 603 CMR 10.07(6)(g) unless such
training was required as part of the eligible student's IEP. Services in this
cost group may be provided individually or in groups. The additional costs of
support staff providing extended day or year services as specified on the
eligible student's IEP shall be included in the calculation of individual
student instructional cost.
(h)
Supervisory Services. Supervision of staff in the
delivery of services to students according to the student's IEP. Supervisory
services eligible for reimbursement under this instructional cost group must be
provided by a person with appropriate certification or license in his or her
professional area. Supervision must be explicitly identified on the student's
IEP, and the supervisor must be readily available to supervise the delivery of
services. Administrative supervisory services are not included in this
instructional cost group.
(i)
Specialized Equipment. Equipment purchased for and
provided to an eligible student that is specified on the eligible student's IEP
and is necessary for the student to benefit from the services on the IEP. The
need for such equipment must be documented on the student's IEP and may be
considered in the calculated individual student instructional costs in the year
of purchase only. Equipment includes, but is not limited to, specialized books
or materials and specialized equipment. Equipment does not include the costs of
adapting classrooms or materials used by more than one student or the costs of
adapting vehicles or buildings.
(7)
Tuition Costs.
If a student is tuitioned to a program outside of the district, 603 CMR
10.07(6) shall not apply and the instructional cost shall be based on the
tuition paid by the district. Program tuition rates shall exclude all
transportation costs, and shall not exceed the rates approved by the
Operational Services Division if such approval is required.
(8)
Extended Day and Extended
Year. Costs for extended day or extended year services shall be
eligible only if such services are specified on the student's IEP, and shall be
calculated in accordance with 603 CMR 10.07(6) or (7).
(9)
Reimbursement for Individual
Districts. Instructional costs eligible for reimbursement under
this program shall be reported by a school district to the Department in a form
and manner as prescribed by the Department. The Department may require such
reports to include state-assigned student identification numbers (SASIDs) and
such other personal identifying information as is needed. The Department shall
review reports provided by individual districts and shall approve reported
costs that are eligible for reimbursement pursuant to 603 CMR 10.07 within 30
days of the submission by the district, subject to the following requirements:
(a)
Annual
Calculation. Calculation of costs for individual students shall be
based on the actual costs of the student's program. Services included in the
calculation shall be supported by documentation of the student's IEP and
associated student records which shall be kept on-site at the district and made
available to the Department or the Department's authorized representative upon
request.
(b)
Temporary
Absences. Districts may claim reimbursement for students
experiencing temporary changes in the delivery of an IEP program due to illness
or temporary absence, provided that such absence does not exceed 20 consecutive
school days.
(c)
State
Reimbursement. Subject to appropriation, for each student the
state's share shall equal 75% of the prior year's approved instructional costs
in excess of four times the full amount of the prior year's state average per
pupil foundation budget as defined in M.G.L. c. 70 and as set by the
Department. For students who have no father, mother, or guardian living in the
commonwealth, and for any school age child placed in a school district other
than a home town by, or under the auspices of, the department of transitional
assistance or the department of social services, the state's share shall equal
100% of the prior year's approved instructional costs in excess of said four
times the full amount of the prior year's state average per pupil foundation
budget. In the event that appropriations are insufficient to fully fund all
reimbursements due under 603 CMR 10.07, the total due to each district shall be
prorated by an equal percentage.
(d)
Local Budget
Planning. In preparing a budget recommendation for the subsequent
fiscal year for consideration by the local appropriating authority, a school
district shall exclude the estimated reimbursement expected to be received
under this program.
1. Upon receipt of
reimbursements paid under this program, such amounts shall be deposited in the
Special Education Reimbursement Fund and recorded as additional appropriations
to the school committee and may be spent by the school committee without
further action on the part of the local appropriating authority.
2. Reimbursements shall be made by the
Department to the school district in four quarterly payments. Reimbursements
shall coincide with the distribution of funds made available pursuant to M.G.L.
c. 70. Each payment shall equal 25% of the estimated annual reimbursement,
provided that payments may be adjusted to reflect audit determinations for
prior year claims.
3.
Reimbursements made by the Department and deposited in the Special Education
Reimbursement Fund may carry forward for one fiscal year.
4. Districts can pre-pay tuition crossing
fiscal years in accordance with M.G.L. c. 71, § 71D and M.G.L. c. 40,
§ 4E.
(10)
School districts shall submit such information as the Department requires for
the purposes of 603 CMR 10.07, in such form and within the filing deadlines
established by the Department.
