ASE ADVOCATING FOR APPROPRIATE SPECIAL EDUCATION FUNDING

Note to Members: Below is a copy of the January 22, 2003 letter sent to Dr. David Driscoll, Commissioner of Education, in regards to the "50/50" Program - Residentially Placed Special Education Students/Cost Share (DOE/LEA's).

January 22nd, 2003

Dr. David Driscoll
Commissioner of Education
Massachusetts Department of Special Education
350 Main Street
Malden, MA  02148

RE: "50/50" Program - Residentially placed Special Education Student/Cost Share (DOE/LEA's)

Dear Dr. Driscoll,

On behalf of the Massachusetts Administrators for Special Education (ASE) Executive Board, in representing its members throughout the Commonwealth, we seek an immediate remedy to the current fiscal crisis regarding cost share of residentially placed student for educational reasons.

It is our understanding, that through a combination of currently available state and federal monies, the Department of Education plans to reimburse school districts for the fourth quarter payment tuitions at a later date and after the fiscal year FY03.  We do not see this as a viable or streamline solution to meet the financial costs of students placed (for educational reasons) in residential programs for the FY03 fourth quarter, in light of the fact that the state and federal monies are available now.

The remedy that we seek and request is that the Department of Education continue to pay the fourth quarter payment directly to the residential placements for FY03 to ensure that residential schools can and will be able to fiscally meet payroll requirements and thus continue special education services to the students who are entitled and in need of these specialized programs without disruption.

We believe the Department of Education has the capacity to do this simply, without legal complication and with propriety to support the joint effort of the state and local contributions for the "50/50" program initiative.  We further believe the Department of Education has the necessary information (previously verified) for students in the "50/50" program, including the names of special education students, the LEA data, assigned residential schools and attendance data of students in the programs to facilitate the release of the available monies directly to the residential schools and in a timely manner.

Recognizing that there may be some unforeseen obstacle in the logistics of our request, for the Department, we ask that you request an exemption, release or waiver of the condition/s for the FY03 year in order to provide the remedy and support the cost share "50/50" program initiative to the Commonwealth's entitled special education students, assuring continuity of their programs and placements.  Additionally, we believe, the special education students placed residentially (for educational reasons), the respective LEA's and respective residential schools/programs are deserving of the streamline solution we seek.  We ask that the Department give every and all consideration/s to our request, to ensure that it occurs within the fourth quarter of FY03.

We are respectful of the difficulties facing the Department of Education in these fiscally difficult and challenging times.  We are also supportive of the Department including the mandates and monitoring it provides on behalf of Special Education.  It is with these understandings that we remain open to further discussion with you on this matter.