Assessment/Accountability
Program Quality Assurance Services
Compliance and Monitoring

Procedures and Standards for Department of Elementary and Secondary Education Approval of Applications for Private School Program Reconstruction

This memorandum provides information and guidance regarding program reconstruction for all approved private schools. For those approved private special education schools that are eligible to seek the Department's approval to reconstruct their program(s), specific steps to follow in the reconstruction process are described below. Please note that a new requirement (Purchaser Impact) has been added.

The information summarized below reflects discussions and decisions made by an interagency work group established by the OSD and includes guidance to be used by approved private special education schools when preparing program reconstruction applications to be submitted to the Department for approval. The full report of the interagency work group may be found at www.mass.gov/spedpricing/ (Reconstruction - Summary of the Working Group).

It is important to note that the working group considered reconstruction to be an important option for program approval and pricing. However, the history of past fiscal years and uncertainty of the FY 2006 budget had created confusion and concern about the reconstruction process. It was ESE's intention to proceed with reconstruction applications (including those in a "catch-up" status from the previous fiscal years) according to enacted legislation.

As such, this document contains the Department's approach to the operational procedures for implementing reconstruction according to the broad recommendations of the working group. Current pending applications, including timeframes and progress, will be considered on a case by case basis, and in accordance with enacted legislation.

• Program Reconstruction Approval Procedures:

  Reconstructed program approval procedures apply to any private day or residential special education school that is currently approved by the Department. When a school experiences changes in student population, program and/or services that result in an alteration to the school's program or services from what was last approved by the Department, a school may submit an application for "program reconstruction." Approved private schools that have multiple programs approved by the Department may reconstruct one or more of these programs, depending upon the need.

  If multiple programs are being reconstructed, a separate program reconstruction application must be submitted for each approved program. Approved private special education schools applying for program reconstruction must provide a detailed rationale explaining why the program, under its present Department approved configuration, is unable to meet the needs of the students enrolled.

• Eligibility: Approved private special education schools are eligible to propose program reconstruction only during the school year in which these schools are undergoing a Department Program or Mid-cycle review. The Department's monitoring cycle is based upon a school year of September through August. Any approved private special education school scheduled for a Program or Mid-cycle review during this time period is eligible for consideration of a rate adjustment by OSD based upon Department approval of the school's proposed program reconstruction. Any associated rate adjustment by OSD would become effective on July 1 of the subsequent year, provided ESE has resolved all outstanding issues with the reconstruction application (including all requests for clarifying and/or additional documentation), notified OSD of its approval by May 1 and private schools have submitted their application (which is separate from the ESE application) to OSD by May 15. Otherwise, prices will be determined by OSD, as appropriate, after an application has been submitted by the private school.

  Consistent with the OSD work group recommendations, schools may apply for program reconstruction once in a six-year cycle, (at either the Program or Mid-cycle Review) unless there are extraordinary circumstances whereby the Department deems such an application appropriate. In general, ESE will only consider applications received between September and August of any given year. ESE will publish the schedule of program reviews by August 15 for the upcoming school year (Sept. - Aug.) in order to give private schools time to provide notice by the October 1 deadline.

• Notification: Approved private special education schools seeking reconstructed program approval from the Department must provide evidence of notification to all purchasers by October 1 of the year prior to the requested increase. This notification must describe the school's intent to apply to the Department for reconstructed program approval, a brief rationale for such program reconstruction, and the requested price. In addition, a complete Department of Elementary and Secondary Education Form 3, "Intent To Apply for Initial or Reconstructed Program Approval," must be submitted to the Department at this time.

• Purchaser Impact: Approved private special education schools seeking reconstructed program approval from the Department must provide a list of the public school districts that are financially responsible for the students currently enrolled, the number of students from each of those school districts and the annual tuition increase impact on each school district.

• Meeting with Purchasers: Approved private schools wishing to apply for program reconstruction must host a meeting for all purchasers of service in order to review the proposed program reconstruction changes and the effects of these changes on tuition rates. Notices of this meeting must be sent to all purchasers of service, the Department of Early Education and Care (if an approved residential school), the Department's Private School Liaison and Coordinator of Private School Approval at least twenty (20) school working days prior to the scheduled date of the meeting. Feedback from purchasers must be solicited at the time of the meeting. Approved private schools must develop a written plan of all information relating to requested reconstruction changes available to attendees as well as other purchasers who cannot attend the meeting.

  The approved private special education school must document to the Department the input gathered during this meeting that includes all expressed endorsement and/or objection by purchasers of the proposed changes in the program reconstruction application and the proposed increase in the tuition rate. This meeting will include a representative from the Department unless otherwise determined by the Department. The meeting must occur after the submission of the Form 3 but prior to the submission of the program reconstruction application to the Department. In addition, the Department requires that this meeting be held separate from the onsite dates scheduled for the Program or Mid-cycle Review activities.

• Program Reconstruction Application: The following documentation must be submitted with each program reconstruction application:
  1. Detailed narrative describing all changes that have occurred within the school that are the basis for the program reconstruction application.
  • Statistical data that support these changes (e.g., increase in number of restraints, increase in medications, increase in injury to staff, significant change in diagnosis of students since the last Department approval).
  • Current enrollment, maximum enrollment, and proposed enrollment.
  • Detailed description and justification for all proposed changes that stem from the changed needs of the enrolled students that are reflected on students' current IEPs.
  2. Program Reconstruction information that details all changes that are related to the Department's standard approval criteria included in the "Application Procedures for Department of Elementary and Secondary Education Approval of a Massachusetts Public or Private Day or Residential Special Education School Program."
  3. Job descriptions including the UFR Title #, qualifications, and job duties for each position requested [for new position(s) or increase(s) in position(s)].
  4. Organizational charts that reflect the current and proposed organizational structure of the school.
  5. Program Budget that delineates costs associated with the current program (staffing and services) and the proposed changes that are described in the program reconstruction application. The Program Budget must include a breakdown of costs for requests such as supplies/materials, consultants, training, and any other costs included in the Program Budget. Any additional costs in the budget must reconcile to and be fully documented in the narrative.
  6. Description of all positions that the school has added that are not included in the approved rate and that are now part of the program reconstruction application.
  7. Copy of the most recent licensing study issued by the Department of Early Education and Care (residential programs).
  8. Copy of written proposal to the Department of Social Services including the complete, original contract (residential programs).
  
  
• Department of Elementary and Secondary Education Review Standards and Procedures:
  1. Program reconstruction applications may be approved only after the conclusion of all Program or Mid-cycle review activities, including the publication of the Department's findings and the Department's acceptance of the approved private school's Corrective Action Plan.
  2. An application for program reconstruction may not be submitted in lieu of a Corrective Action Plan. All private schools must develop corrective action plans that are responsive to Department findings. Corrective Action Plans must be developed and submitted to the Department for review and approval regardless of the Department's actions on a program reconstruction application.
  3. If an approved private school has areas of non-compliance that require immediate rate relief, the school must seek a rate adjustment through 808 CMR 1.06(4) "Extraordinary Relief" (e.g., health and safety of students, building emergencies, etc.).
  4. Once the Department has reviewed the program reconstruction application, a letter describing the approval status of the application for program reconstruction will be sent to the Operational Services Division. The school will be placed on a Provisional Approval, or Probationary Approval if warranted, by the Department until conclusion of all follow-up activities necessary to determine implementation of the approved reconstruction changes. The Department will conduct follow-up verification activities to ensure implementation of all approved changes included in the program reconstruction. The school may be required to submit progress reports documenting implementation of any approved application components. These follow-up verification activities and requested progress reports are in addition to the Administrative Reviews conducted by OSD. The Department will review all applications for program reconstruction based upon the following prioritized factors: (a) the date received, (b) the date of the school's scheduled Program or Mid-cycle review onsite visit, and (c) other urgent oversight activities of the Department that are assigned to the Private School Liaison and that must be balanced with the review of program reconstruction applications.
  5. It is the responsibility of all approved private special education schools to submit thorough and well-organized program reconstruction applications that are responsive to Department compliance standards as outlined in the current Approved Private Day and Residential Special Education School Program Review Procedures   .
  6. It is the responsibility of all approved private special education school programs to respond to the Department in a timely manner regarding all written requests for clarification and/or additional documentation that the Department deems necessary in order to make approval decisions.
  
  

Throughout the program reconstruction process, the Department will work with all approved private special education schools with the goal to ensure that the educational needs of the enrolled students are met.

Questions regarding the implementation of these reconstructed program approval procedures should be directed to the private school's assigned Private School Liaison or the Coordinator of Private School Approval in Program Quality Assurance Services at 781-338-3700.

Thank you.