Guidelines for the Vocational Technical Education Program Nonresident Student Tuition Process Pursuant to M.G.L. c. 74
March 18, 2004
filed with the Secretary of State March 2004
Overview:
Students have the freedom to seek admission to schools with state-approved vocational technical education programs. Such programs are approved pursuant to M.G.L. c. 74 603 CMR 4.00 and are known as Chapter 74-approved programs. The student would file an application for admission to the school. Note that all students who seek admission to vocational technical education schools/programs must follow the admission process (including using school-provided application forms) of the school to which they seek admission. The Guidelines for Admission Policies of Vocational Technical Secondary Schools and Comprehensive Secondary Schools  |  address admission to schools/programs.
In the case of a student seeking admission to a school outside of his/her district of residence, the student and/or receiving district would also file a Chapter 74 Vocational Technical Education Nonresident Student Tuition Application with the student's district of residence superintendent of schools. If accepted to a school that has a program in which the student would like to explore as a ninth grader and then study as a major, or begin studying as a tenth or eleventh grader and such program is not offered through the student's district of residence, the student's city/town would be liable for the payment of nonresident tuition for the program. Note that the Department is reviewing the tuition responsibility for a student who resides in a city/town that is a member of a regional vocational technical school district and who has been placed on a waiting list for a program that is offered by the regional school district.
Note that a student may seek admission to a Chapter 74-approved program outside of his/her district of residence even if it is offered through his/her district of residence in anticipation of the same program not being available to him/her through his/her district of residence due to oversubscription. In such a case, the student must have applied for the Chapter 74-approved program offered through his/her district of residence before filing a Chapter 74 Vocational Technical Education Nonresident Student Tuition Application .
The Law and Regulations:
These Guidelines will assist school districts and cities/towns with the implementation of the law and regulations. The sections of the law and regulations regarding nonresident student tuition are quoted below for reference.
M.G.L. c. 74, Section 7 states:
Residents of towns in the commonwealth not maintaining approved independent distributive occupations, industrial, agricultural, vocational home economics and allied health occupations training schools offering the type of education desired, or children placed in such a town by the commissioner of social services or by the trustees of the Massachusetts training schools, may, upon the approval of the commissioner under the direction of the state board, be admitted to a school in another town. In making his decision, the commissioner under the direction of the state board shall take into consideration the opportunities for free vocational training where the applicant resides, the financial status of such place, the age, preparation, aptitude and previous record of the applicant, and other relevant circumstances.
M.G.L. c. 74, Section 7C states:
Notwithstanding the provisions of section twenty-seven C of chapter twenty-nine, or of any other general or special law to the contrary, a town where a person resides who is admitted to the school of another town under section seven shall pay a tuition fee to be fixed by the commissioner under the direction of the state board, and in default of payment shall be liable therefore in contract to such other town. If an approved vocational school established by a regional school district or a public independent vocational school accepts a student who resides in a town, other than a member town of said district, which does not maintain such a vocational school, the town in which such student resides shall pay a tuition fee to be fixed by the regional district school committee or by the board of trustees of a public independent vocational school and approved by the commissioner under the direction of the state board; provided, however, that a town shall not be required to pay any portion of the tuition of any student residing therein who is enrolled in a post-secondary vocational program.
Tuition shall be paid in two equal installments in each school year of attendance, one in January and one in June, or on a pro-rated monthly basis if a nonresident student fails to apply for his first year of admission on or before April first of the preceding school year. The commissioner may direct that the resident community's tuition payment for said first year be paid in full in July of the fiscal year after the student completes his first year of nonresident attendance including the penalties that the commissioner may determine.
No tuition shall be payable under this section with respect to a student who has satisfactorily complete the twelfth grade or courses equivalent thereto and whose personal income exceeds eighteen thousand dollars, said amount to be adjusted periodically as recommended by the commissioner of education.
M.G.L. c. 74, Section 8A states:
A municipality, wherein a person resides who is admitted to a day school in another municipality under section 7, shall, through its school committee, when necessary, provide for the transportation of such person, and shall, subject to appropriation, be entitled to state reimbursement to the full extent of the amount so expended; provided, that such a municipality wherein a person is placed by the department of social services or the trustees of the Massachusetts training schools who is admitted as aforesaid to a day school in another municipality shall similarly provide for the transportation of such pupil to such school and shall, subject to appropriation, be entitled to state reimbursement to the full extent of the amounts so expended; provided further, that no transportation shall be provided for, or reimbursement made on account of, any pupil who resides less than 1 1/2 miles from the school which he attends. A municipality shall not be required under the provisions of this section to provide for the transportation of a person who has completed the twelfth grade of school or the equivalent thereto.
M.G.L. c. 74, Section 37C states:
A student who resides in a city or town which does not offer approved vocational education programs at the post-secondary level may, upon the approval of the commissioner under the direction of the state board, be admitted to such program in another city, town or regional district. In making his determination the commissioner shall take into consideration the opportunities for free vocational training where the applicant resides, the preparation, age, aptitude and previous record of the applicant, and other relevant circumstances, including the level of state assistance to such program. A student admitted under this provision shall be charged tuition and fees for the full amount of the average per pupil cost of such program, as approved by the commissioner under the direction of the state board. Such students shall be eligible to apply for state scholarship aid pursuant to section seven of chapter fifteen A.
Vocational Technical Education Regulations CMR 603 CMR 4.03 (6) (b) states:
Students who reside in cities and towns not maintaining approved vocational technical education programs in the vocational technical program area sought by the student may apply for admission to a school of another city, town or district offering the desired instruction as set forth in M.G.L. c. 74, s. 7. Nonresident students shall be subject to the admissions criteria of the school to which they are applying. Admitted student's tuition shall be paid by the city or town where the student resides in accordance with the Department's tuition rates for such programs and the Department's "Vocational Technical Education Nonresident" Policy. The school to which the student has applied but has been denied nonresident tuition by the city or town of residence may request that the Commissioner review the denial of tuition. The Commissioner may appoint a review panel to assist him/her in the review. The request for a review of the denial shall be submitted in writing to the Commissioner within the timelines set forth in the Department's "Vocational Technical Education Nonresident Policy." The decision of the Commissioner shall be final.
Chapter 74 Vocational Technical Education Program Directory:
When the Department of Elementary and Secondary Education grants Chapter 74-approval status to a program, it assigns the program a six-digit Classification of Instructional Program Code (CIP Code) and lists the program in the Chapter 74 Vocational Technical Education Program Directory | . Each CIP Code has a general description of each program. The Department uses this Directory and, if necessary, the school's Program of Studies in determining whether the program sought by the student is not offered through the student's district of residence.
Glossary:
Business days: The days that the Department of Elementary and Secondary Education is open.
District of residence: The city or town where a student resides.
Nonresident: A student who has been, or seeks to be, admitted to a Chapter 74-approved program outside of her/his district of residence.
Receiving district: The district that has the Chapter 74-approved programs in which a nonresident seeks to enroll or enrolls.
Through district of residence: A Chapter 74-approved program offered through the district of residence either at a comprehensive high school, city vocational school, collaborative or at a regional vocational technical high school or county agricultural school to which the city or town belongs by virtue of membership (in the case of county agricultural schools, by county status).
Postsecondary: Some schools offer Chapter 74-approved vocational technical programs at the grade 13 and 14 level. These programs are known as Chapter 74-approved programs at the postsecondary level, and students enrolled in these programs are considered postsecondary students.
Postgraduate: Some schools accept high school graduates into the vacant seats in their Chapter 74-approved programs at the secondary level. These students are considered postgraduate students.
Nonresident Tuition Application Process and Deadlines:
The Chapter 74 Vocational Technical Education Program Nonresident Tuition Student Application is available at http://www.doe.mass.edu/cte/admissions/nonres_app.pdf and http://www.doe.mass.edu/cte/admissions/nonres_app.doc. The Department of Elementary and Secondary Education sets application deadlines so schools, students and their families will be able to plan their education and that superintendents as well as cities/towns will know the amount of nonresident tuition the city/town must pay, prior to final preparation of the budget for the next school year.
This application is to be filed for a student who has been admitted, or is being considered for admission, to a specific Chapter 74-approved program outside of his/her district of residence for which his/her city/town may be required to pay tuition. This application should not be filed if the student has been admitted to the same Chapter 74-approved program provided through his/her district of residence.
If the program is offered through the student's district of residence, the student must have applied for the program in order to file this application. The student will have applied to a program offered through his/her district of residence, but will not have not received notice of acceptance, rejection, wait listing or has been rejected or wait listed. Proof of the student's application to a program provided through his/her district of residence must also be submitted with this application.
PART I should be completed by the receiving district, student, and student's parent/guardian. If the student is under 18, his/her parent/guardian must sign. The application should be given to the applicant/parent/guardian with instructions to present it to the superintendent of schools of the district of residence by February 1 for postsecondary or postgraduate programs and by April 1 for secondary programs. If the superintendent of the district of residence desires to have the application forwarded by mail from the receiving district, such arrangements are proper. In order to avoid disputes, the date the application was delivered by the student/parent/guardian or sent by the receiving district should be recorded with a receipt. A letter of intent to enroll in a postsecondary or postgraduate program will be considered valid notice to the superintendent only if it has a date stamp or signature noting its receipt by the district of residence by February 1.
Upon receipt of the application, the superintendent in the district of residence must complete PART II clearly indicating approval or disapproval. If the application is disapproved, the reason for disapproval must be indicated by a check mark.. The application must be returned to the receiving district within 10 business days. In order to avoid disputes, the date the application was received and returned should be recorded by the district of residence by date stamping and receipt, respectively. Note that if the program is available through the district of residence, the student's application status or lack thereof should be noted. A photocopy of the form should be retained for the district of residence records.
If the receiving district or student's parent/guardian finds that the decision of the superintendent of the district of residence is contrary to law, regulations, Board of Education or Department of Elementary and Secondary Education policy, the application may be forwarded to the Department of Elementary and Secondary Education for review within 10 business days of its receipt from the district of residence with an explanation of the way in which the decision is contrary to law, regulations, Board of Education or Department of Elementary and Secondary Education policy and any supporting documentation which would help the Department to make a decision. The district of residence and the receiving district may be required to provide additional information to the Department. The Department will review the disputed application and rule on the review within ten business days of the receipt of the request for a review provided that all requested information is received. The Department may extend the review for a reasonable period in order to acquire additional information. The Department will return copies to both the receiving district and the district of residence indicating the decision. The Department's review will be based on the student's status as of the date of the application. MAY 1 is the last date by which all requests for Department of Elementary and Secondary Education reviews must be received by the Department of Elementary and Secondary Education. MAY 15 is the last date by which all requested Department of Elementary and Secondary Education reviews will be completed.
There may be cases where the student may not have received notification of acceptance, rejection or wait listing (unaccepted status) by April 1 for admission to a Chapter 74-approved program provided through his/her district or out-of district to which he/she applied. However, the Chapter 74 Vocational Technical Education Nonresident Student Tuition Application must be received and processed according to the timelines set forth herein. In this case, the Department may stipulate that the nonresident tuition is approved unless the student is formally admitted to a Chapter 74-approved program provided through his/her district to which he/she applied by May 15.
The deadline of April 1 does not apply if the student had no way to know of it. The Department requires that each district of residence place a notice of the deadline in their program of studies, local newspaper or other media that parents/guardians of prospective students receive. In addition, the Department recommends that receiving school districts place a statement in the recruitment document such as an admissions handbook or other recruitment document and program of studies provided to prospective students such as eighth graders and their parents/guardians, informing them that they may seek admission to a Chapter 74-approved program in his/her area of interest and that the deadline for Chapter 74 Vocational Technical Education Nonresident Student Tuition Application to the superintendent in their district of residence is April 1 for secondary programs. The district of residence may set a target date of March 15 for applying to a local guidance counselor for students who receive their application from the counselor, so that the application will be ready by April 1. However, students/parents/guardians do have until April 1 to submit the application to the superintendent of schools of his/her district of residence and therfore the March 15 date is only a target. If an application is submitted after April 1 and the student or parent/guardian claims they were not informed of the deadline, the Department of Elementary and Secondary Education may ask the district of residence for proof that students received reasonable notice. The proof would be the publication in which the notice appeared. A similar process should be used for potential applicants to postsecondary/postgraduate programs so that they are aware of the February 1 deadline.
The student applies only once for nonresident tuition for a particular program. Once the Chapter 74 Vocational Technical Education Nonresident Student Tuition Application has been approved, the student has approval to continue in the program until the end of the program. In other words, nonresident applications for the same program are not required. If the student is not admitted to the school, the nonresident tuition approval becomes null and void. If the student changes program areas, a new Chapter 74 Vocational Technical Education Nonresident Student Tuition Application must be completed and approved.
Summary of Critical Dates
By April 1
The date by which the Chapter 74 Vocational Technical Education Program Nonresident Tuition Student Application from student/parent/guardian/receiving district must be received by the superintendent of the district of residence. Within 10 Business Days
The timeline by which the Chapter 74 Vocational Technical Education Nonresident Student Tuition Application must be returned by the district of residence superintendent to the receiving district. Within 10 Business Days
The timeline by which the Chapter 74 Vocational Technical Education Nonresident Student Tuition Application must be forwarded to the Department of Elementary and Secondary Education for review. Within 10 Business Days
The timeline by which the Department will review the disputed application and rule on the review provided that all requested information is received. By May 1
The last date by which all nonresident application for which a review is requested must be received by the Department of Elementary and Secondary Education. By May 15
In this case where the student may not have received notification of acceptance, rejection, wait listing (unaccepted status) by April 1 for admission to a Chapter 74-approved program provided through his/her district or out-of district to which he/she applied, the Department may stipulate that the nonresident tuition is approved unless the student is formally admitted to a Chapter 74-approved program provided through his/her district to which he/she applied by May 15. By May 15
The last date by which all requested Department of Elementary and Secondary Education reviews will be completed by the Department of Elementary and Secondary Education. Deadline for Chapter 74 Program Approval:
The Department of Elementary and Secondary Education approves new vocational technical education programs throughout the year. In the case of the vocational technical education program nonresident student tuition process, the Department uses April 1 as the date by which a program must be approved to be considered for the payment of nonresident tuition for the subsequent school year. For example, if a school district filed an Application for Chapter 74 Approval of a Vocational Technical Education Program for a new Electrical program (CIP Code 150303) and the program was not approved on April 1, 2004, the Department would not overrule a superintendent's denial of the payment of nonresident tuition for the 2004-2005 school year for that program.
School Choice:
The school choice law does not affect the vocational technical education nonresident tuition process. A vocational technical school that participates in school choice may admit students both under school choice and under the vocational technical education nonresident tuition process.
Transportation:
M.G.L.c. 74, s. 8A was amended in 2004 to read: Section 8A. A municipality, wherein a person resides who is admitted to a day school in another municipality under section 7, shall, through its school committee, when necessary, provide for the transportation of such person, and shall, subject to appropriation, be entitled to state reimbursement to the full extent of the amount so expended; provided, that such a municipality wherein a person is placed by the department of social services or the trustees of the Massachusetts training schools who is admitted as aforesaid to a day school in another municipality shall similarly provide for the transportation of such pupil to such school and shall, subject to appropriation, be entitled to state reimbursement to the full extent of the amounts so expended; provided further, that no transportation shall be provided for, or reimbursement made on account of, any pupil who resides less than 1 1/2 miles from the school which he attends. A municipality shall not be required under the provisions of this section to provide for the transportation of a person who has completed the twelfth grade of school or the equivalent thereto.
Exploratory Programs:
In accordance with regulation 603 CMR 4.03(4)(a)(e), school districts that offer five or more Chapter 74-approved programs must provide a minimum of one half year of an exploratory program for all incoming ninth graders. Exploratory programs enable students to learn about the expectations and requirements for a number of occupations in which they are interested. The purpose of this exposure is to help students make informed decisions about the vocational technical program in which they will concentrate (major). After the exploratory program, students elect to major in a vocational technical education program. Transfer to another program for a nonresident student would require approval from his/her district of residence superintendent.
Students are to be provided with the opportunity to have nonresident tuition paid program participation as early as the first term of the ninth grade. Students are eligible to participate this early, if their district of residence does not offer the particular Chapter 74-approved program in which they would like to major after they complete the exploratory program. The nonresident student will participate in the full exploratory program of the receiving district. The exploratory program must include the program the nonresident student is interested pursuing as a major. If, after participating in the full exploratory program, the student decides to major in an area that is offered through his/her district of residence, he/she will return to the district of residence for that program if he/she is admitted. If the student decides to major in a program that is not offered by his/her district of residence, the student will remain in the receiving district for the program in grades 9-12, and the district of residence (city/town) will continue to pay the student's tuition and transportation subject to M.G.L. c. 74 sections 7 and 8A respectively.
How Nonresident Tuition Rates are Set:
A nonresident tuition calculation is set annually for each school with Chapter 74-approved programs based on its per pupil expenditures for vocational technical education programs, with a limit of 10% on the increase or decrease each year. The Department computes the statewide average foundation budget annually. The nonresident tuition rates are determined as follows.
Tuition rates for all nonresident students enrolled for the 2004-2005 school year will be based on the 2004-2005 tuition calculations, but with a cap equal to 150% of the 2004-2005 statewide average foundation budget per pupil for vocational technical students. When the Department computes the statewide average foundation budget for the 2004-2005 school year, it will set the cap for the 2004-2005 school year. At the same time, the Department will determine the tuition calculations for each school.
Tuition rates for all nonresident students enrolled for the 2005-2006 school year and subsequent school years will be based on the tuition calculations for the applicable school year, but with a cap equal to 125% of the statewide average foundation budget per pupil for vocational technical students for the applicable school year.
The same nonresident tuition rate is used for secondary, postsecondary and postgraduate programs at the vocational technical school. The Department sets the tuition rates for the coming school year on or about March 1 of each year. Please note that special legislation (Chapter 6, section 82 of the Acts of 1991) permits the two county agricultural high schools (Bristol & Norfolk) to charge tuition for nonresident students at a rate different than the Department-approved rate.
Tuition rates are set for regular vocational technical education students. For students with Individualized Educational Programs (students with disabilities) or students needing English language learner services, the vocational technical school and the sending district should agree on an additional amount needed to cover the required services. This additional amount must be based on actual records of special education or bilingual education cost per hour times the estimated number of hours the student requires, or on a similar verifiable formula.
For postsecondary students, a city or town is not required to pay nonresident tuition. The Commissioner will not overrule a Superintendent's denial of postsecondary tuition because M.G.L.c.74, s.7C limits the obligation of cities and towns to pay nonresident postsecondary tuition. Schools are permitted to charge tuition to individual nonresident students for such a program. The school may charge the individual student up to the Department-approved nonresident tuition rate for the school.
For postgraduate students with incomes of less than $18,000 per year, a city or town is required to pay the Department-approved nonresident tuition, less the amount payable by the postgraduate student which is the average tuition for community colleges ($108.20 per credit hour or $2,597 for the school year*). If the postgraduate student has income exceeding $18,000 per year, he or she may be charged for the full amount that is the Department-approved nonresident tuition rate for the school.
*Average community college tuition for the 2003-2004 school year based on 24 credits.
Foundation Enrollment:
A school with nonresident secondary students may report such students in the school's foundation enrollment. The sending district would get credit in their foundation enrollment.
A school with postsecondary nonresident students may report such students in the school's foundation enrollment if the student's city/town pays the nonresident tuition.
A school with postgraduate nonresident students may report such students in the school's foundation enrollment if the student's city/town pays a portion of, or the entire nonresident tuition. If the student pays all of the nonresident tuition, the school shall not report these student's in their foundation enrollment.
Request for the Commissioner to Review the Denial of Nonresident Tuition:
The student's parent/guardian or school that has been denied nonresident tuition by the district of residence may request that the Commissioner review the denial of tuition. The request for a review of the denial shall be submitted in writing to the Commissioner within 10 business days of the receipt of the written denial from the district of residence. The decision of the Commissioner shall be final. Requests are to be sent to: Ms. Marnie Jain, Massachusetts Department of Elementary and Secondary Education, Career and Technical Education Unit, 75 Pleasant Street, Malden, MA 02148.
Rights and Privileges of Nonresident Vocational Technical Education Students:
Once a student has been accepted to a school for a Chapter 74-approved program and has been approved for vocational technical education nonresident tuition, the student is entitled to the same rights and privileges of students who reside in that school district. The student has the right to remain in the school until completion of his/her secondary program. If the student requires additional time to complete the program and a resident student would have been offered the right to continue until completion at the expense of member districts, the city or town of residence must pay nonresident tuition for the additional time. If a nonresident student leaves the program but returns within one year, the student shall be entitled to be reinstated if that privilege would have been extended to a resident student. Schools must pro-rate the tuition if the student attends for less than a full year.
References:
These Guidelines and the following documents are available at the Department of Elementary and Secondary Education website at www.doe.mass.edu/cte/:
| | Massachusetts General Law Chapter 74 Selected Sections & 603 CMR 4.00 Vocational Technical Education Law and Regulations |
| | Chapter 74 Vocational Technical Education Directory |
 | Classification of Instructional Programs: 2000 Edition |
| | Chapter 74 Vocational Technical Education Program Nonresident Student Tuition Application |
| | Chapter 74 Manual for Vocational Technical Education Programs |
| Student Record Regulations 603 CMR 23.00 |
For Assistance:
Contact Ms. Marnie Jain in the Career and Technical Education unit at the Massachusetts Department of Elementary and Secondary Education (781) 338-3908 or Mjain@doe.mass.edu.
last updated: September 20, 2005
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