Administrative Advisory SPED 2006-4:
Assignment of Financial and Programmatic Responsibility for Special Education and Enforcement of Assignments
Notice of Requirement to Assume Programmatic or Financial Responsibility
|To:||(Public School District)|
|From:||(SEPP or PQA, as appropriate)|
The Massachusetts Department of Elementary and Secondary Education (ESE) has received a complaint regarding assumption of assigned (financial or programmatic) responsibility for (student name). (The Department's specific assignment of responsibility for this student is described in the attached copy of the assignment letter issued on (date).) This complaint raises a concern that the student may not be receiving a free and appropriate public education (FAPE) as guaranteed under special education law.
The district must immediately assume the assigned responsibility for this student. Regardless of any actions the district may have taken or may be taking to seek review of the assignment or appeal the assignment, the district is required to assume immediately its responsibility upon assignment (603 CMR 28.10(1)(d) and 603 CMR 28.10(8)(d)) until the dispute is resolved through procedures described in the regulations.
Whether the district is seeking review of the assignment through the ESE review procedures under 603 CMR 28.10(8)(f) or through an appeal under 603 CMR 28.10(9), the special education regulations provide for the district to receive payment for any costs incurred if a different district is assigned following review or appeal activities. Reimbursement will be available for the period of time that the assignment was incorrect (603 CMR 28.10(8)(e)), if applicable. Therefore, there is no monetary reason to delay assumption of responsibility and every reason to assume such responsibility immediately so that the student is not denied FAPE.
If the district does not assume its assigned responsibility, the Department is authorized to withhold future disbursements of special education funds (see 20 U.S.C. § 1413(d)(1)) and will do so if your district does not assume its assigned responsibility. However, if the district immediately assumes its responsibility, the Department will take no further action.
Please document to Program Quality Assurance Services your district's assumption of its assigned responsibility no later than 5 days from the date of this notice. Documentation may be through a letter to PQA or an email to: firstname.lastname@example.org.
Thank you in advance for your attention to this matter and for ensuring appropriate services are provided to this student.
C: District File (PQA)
Enclosure: Copy of Assignment Letter