MASBO West November 2019 Attorney Rebecca Bouchard Students

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MASBO – West November 2019 Attorney Rebecca Bouchard

MASBO – West November 2019 Attorney Rebecca Bouchard

Students on the Move

Students on the Move

General Rule Programmatic and fiscal responsibility for educating a child is based on residence.

General Rule Programmatic and fiscal responsibility for educating a child is based on residence. When a child has special needs this can have significant financial ramifications.

Day or Residential Approved Private Program School Center School Day/Residentia Tuition l Day $79,

Day or Residential Approved Private Program School Center School Day/Residentia Tuition l Day $79, 151 Clarke School Day $59, 990 May Institute Day $121, 507 NECC (Severe) Residential $354, 244 Valley West $51, 589 Day

Don’t Forge Transportation Costs

Don’t Forge Transportation Costs

603 CMR 28. 10 School District Responsibility LEA Assignment Regulations Changes in July 2018

603 CMR 28. 10 School District Responsibility LEA Assignment Regulations Changes in July 2018 in light of ESSA

Based on Student Residence Student’s placement: in-district or out-of-district, but not residential. Programmatic and

Based on Student Residence Student’s placement: in-district or out-of-district, but not residential. Programmatic and financial responsibility will most often rest with the district where the student actually resides and is enrolled. Responsibility is shared between two districts if the student has an out-of-district placement and parents reside in two different districts and the student actually resides with both parents. Responsibility is not shared if student is with one parent only on weekends or during school vacation periods – this is not evidence of actually residing with one parent.

 Based on Parent/Guardian Residence Student is: o in a pediatric nursing home, or

Based on Parent/Guardian Residence Student is: o in a pediatric nursing home, or o living and is educated at a special education residential school and their IEP is for an out-ofdistrict placement, or o living and is educated in an institutional facility operated by DMH, DPH, DYS, DOC, County House of Correction Programmatic and financial responsibility will most often rest with the district(s) where the parent(s) or legal guardian resides (unless one has sole/primary physical custody)

Shared District Responsibility Student is not in foster care and is: o living with

Shared District Responsibility Student is not in foster care and is: o living with a relative, or o living in a residence, crisis or respite facility funded or supervised by a state agency other than DCF, or o living with a “caregiver” as defined in G. L. c. 201 F Student is served in an in-district program: o Programmatic responsibility is with the district where the student lives, and financial responsibility is with the district(s) where the parent(s) or legal guardian resides Student’s placement is an out-of-district program: o The district where the student lives may be required to cooperate with the district(s) where the parent(s) or legal guardian lives. The former will have programmatic responsibility and the latter will have financial responsibility.

Homeless Students Student is: o in a living situation that is considered “homeless” under

Homeless Students Student is: o in a living situation that is considered “homeless” under the Mc. Kinney-Vento Act - lacking a fixed and stable nighttime residence and o receiving special education services in any type of placement Programmatic and financial responsibility is with the school district(s) that were responsible before the student became homeless. This changes once the student is enrolled in the school district where the student’s temporary residence is located. Then if the student is: o receiving in-district services, the programmatic and financial responsibility switches to the school district where the student is enrolled, or o receiving out-of-district services, the programmatic responsibility switches to the school district where the student is enrolled, but the financial responsibility remains with the district that was responsible before the student became homeless. This lasts until the district until the student is

Students in Foster Care Student is: o in foster care as described in ESSA

Students in Foster Care Student is: o in foster care as described in ESSA - (24 -hour substitute care for children placed away from their parents or guardians and for whom DCF has placement and care responsibility. ) o Includes foster family homes; kinship foster homes; group homes; emergency shelters; residential facilities; residence, crisis or respite facilities funded or supervised by DCF; childcare institutions; and pre-adoptive homes

Students in Foster Care Student stays in same school upon entry into foster care

Students in Foster Care Student stays in same school upon entry into foster care or when the student’s foster care setting changes: o programmatic and financial responsibility stays with the school district(s) that were responsible before the student entered into foster care. 28. 10(5)(b)(1). Student changes schools when entering foster care or when the foster care setting changes: o programmatic responsibility is with the district the student is enrolled in, and financial responsibility is with the parent(s) district(s). 28. 10(5)(b)(2). Student is in foster care and the DCF moves the student to live in and attend a residential school: o programmatic responsibility stays with the district(s) that was responsible before relocation, and financial responsibility is with the parent(s) districts(s). 28. 10(5)(b)(3).

Add moving on top of that!

Add moving on top of that!

The Move-in Law - G. L. c. 71 B, s 5 …if a child

The Move-in Law - G. L. c. 71 B, s 5 …if a child with a disability for whom a school committee currently provides or arranges for the provision of special education in an approved private day or residential school placement … moves to a different school district on or after July 1 of any fiscal year, such school committee of the former community of residence shall pay the approved budgeted costs, including necessary transportation costs, of such day or residential placement, including placement in a pediatric nursing home, of such child for the balance of such fiscal year; provided, however, that if such move occurs between April 1 and June 30, such school committee of the former community of residence shall pay such costs for the balance of the fiscal year in which the move occurred as well as for the subsequent fiscal year.

Wait, what?

Wait, what?

Who does it apply to? students with special needs who are in an approved

Who does it apply to? students with special needs who are in an approved private day or residential placement (or pediatric nursing home)

Who does it apply to? 603 CMR 28. 00 Special Education 28. 02 Definitions

Who does it apply to? 603 CMR 28. 00 Special Education 28. 02 Definitions (1) Approved private special education school/program a private day or residential school, within or outside Massachusetts, that has applied to, and received approval from, the Department (2) Approved public special education school - a program operated by a public school or an educational collaborative providing full day or residential special education services to eligible students in a facility serving primarily students with disabilities. … received approval from, the Department

Timing and Budgets The intent of the law was to allow districts to plan

Timing and Budgets The intent of the law was to allow districts to plan for such tuitions

Timing Between April 1 and June 30 if a student in a day or

Timing Between April 1 and June 30 if a student in a day or residential placement (or such child's parent or guardian) moves between April 1 and June 30, the former community of residence is required to pay the costs of such placement for the balance of the fiscal year and for the subsequent fiscal year as well. After June 30 if a student moves on or after July 1 of any fiscal year, the former community of residence continues to be financially responsible for the costs of such student's day or residential placement for the balance of the fiscal year in which the move occurred.

Take-aways Pay attention to who is coming and going during the school year Discuss

Take-aways Pay attention to who is coming and going during the school year Discuss those students with your special education director Consult with legal counsel

Teachers Raising Money

Teachers Raising Money

Crowdfunding services are defined as any online service used for the solicitation of goods,

Crowdfunding services are defined as any online service used for the solicitation of goods, services, or money from a large number of people via the internet or other electronic network. Examples include Go. Fundme, Kickstarter, Indiegogo, You. Caring, and Donors. Choose.

Inclusive Cozy Kindergarten Help me give my students comfortable new bean bag seats for

Inclusive Cozy Kindergarten Help me give my students comfortable new bean bag seats for looking at books and relaxing in during quiet time, as well as an assortment of art supplies that will help meet the needs of all students!

You’re a mean one…

You’re a mean one…

What could possibly go wrong?

What could possibly go wrong?

FERPA Violations? a teacher in a public school describes her 7 -student classroom in

FERPA Violations? a teacher in a public school describes her 7 -student classroom in detail, explaining that 6 are boys, and 5 are nonverbal and posts a picture of some of her students did she obtain signed releases from the parents?

IDEA Violations? the teacher goes on to say i. Pads that she is requesting

IDEA Violations? the teacher goes on to say i. Pads that she is requesting for her students’ communication needs, indicating that the students’ failure to communicate without the requested i. Pads “has led to some discipline issues” potentially significant IDEA issues for which the district in question could be held liable

Discrimination Claims? Another teacher, in describing her 13 -student classroom where all of her

Discrimination Claims? Another teacher, in describing her 13 -student classroom where all of her students have autism with varying degrees of functional skills, states: “Because of their inability to care for themselves, our classroom becomes filthy and germ-ridden by the end of the day. We need cleaning supplies and health supplies like tissues and hand sanitizer to help keep our students healthy. ” filthy, germ-ridden special ed classrooms: viewed as discriminatory?

Violations of school policy? In one entry a teacher was asking for $1, 769

Violations of school policy? In one entry a teacher was asking for $1, 769 for foodbased positive behavior incentives - “[m]y students need snacks like juice, lollipops, hot chocolate and cookies to help promote and maintain good behavior. ” o specifically asking fo 360 bags of Frito Lay variety packs of chips, 240 individual bags of Keebler Fudge Stripe mini cookies, 1, 200 dum-dums lollipops, 216 packs of Grandma’s cookies, 1, 200 packages of Sour Patch Kids, 600 packets of hot chocolate, six 27 -oz. bags of “Chewy Favorites Candy Mix, ” a jar containing 1, 445 lollipops, and 60 Lindt chocolate truffles a clear violation of the school district’s wellness policy

PR Nightmares? A teacher, in her plea for $403 worth of puzzles, fine motor

PR Nightmares? A teacher, in her plea for $403 worth of puzzles, fine motor activities, and math manipulatives, “to help them achieve their IEP goals, ” states the following: “Unfortunately the special education program at the school district in which I currently work for [sic] is not very supportive in making sure that the children have the materials that they need to ensure that they are successful students. ” has name of teacher, school, district, etc.

What to do? Get a policy Train administrators and teachers on the policy

What to do? Get a policy Train administrators and teachers on the policy

Policy Considerations Require Administrative Approval of all Postings Before They are Published

Policy Considerations Require Administrative Approval of all Postings Before They are Published

Policy Considerations Develop an Approved Site List and Only Permit Crowdfunding on Sites that

Policy Considerations Develop an Approved Site List and Only Permit Crowdfunding on Sites that Send Proceeds and/or Items Directly to the Schools, NOT the Individual Employee

Policy Considerations Ensure that Proceeds/Items Obtained Through Crowdfunding Fulfill Stated Purpose

Policy Considerations Ensure that Proceeds/Items Obtained Through Crowdfunding Fulfill Stated Purpose

Policy Considerations Require that all Crowdfunding Activities, as Well as Activities Being Funded, be

Policy Considerations Require that all Crowdfunding Activities, as Well as Activities Being Funded, be Fully Compliant with Board Policies

MASC Model Policy GBEBD - ONLINE FUNDRAISING AND SOLICITATIONS - CROWDFUNDING

MASC Model Policy GBEBD - ONLINE FUNDRAISING AND SOLICITATIONS - CROWDFUNDING