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School Finance: Circuit Breaker

Amendment to the Move-In Law

To:
Superintendents, Special Education Directors
From:
David Driscoll, Commissioner of Education (Interim)
Date:
August 10, 1998

line

Section 130 of the fiscal year 1999 budget amended G. L. c.71B, s5, the so-called move-in law. The move-in law applies to students with special needs who are in a day or residential placement at a Chapter 766 approved private school or a pediatric nursing home who move (or whose parent or guardian moves) to a different school district during the fiscal year. This amendment clarifies ambiguities in the move-in law, as amended by the fiscal year 1998 budget and is effective July 1, 1997 (the effective date of the fiscal year 1998 budget).

Prior to its amendment, the move-in law provided that whenever a child in a day or residential placement (or such child's parent or guardian) moved to a different school district on or after July 1, the school committee of the former community of residence was required to pay the approved budgeted costs, including necessary transportation costs, of such placement until the end of the fiscal year.

The move-in law, as amended, contains an additional provision addressing moves that occur between April 1 and June 30. Pursuant to this provision, 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.

Thus, 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. However, if the student moves between April 1 and June 30, the former community of residence continues to be responsible for the costs of such student's day or residential placement for the balance of the fiscal year in which the move occurred and for the following fiscal year.

The text of the move-in law is attached for your convenience.

I hope this information is of assistance.

G. L. c.71B, s5, as amended by section 130 of the fiscal year 1999 budget:

Notwithstanding the provisions of section 27C of chapter 29 or any other general or special law to the contrary, 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, including placement in a pediatric nursing home pursuant to the provisions of section 3, or his parent or guardian 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.



Last Updated: June 3, 2003
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