INFO-New MA laws on IEE's

The “sliding scale formula and other information can be found at:
http://www.doe.mass.edu/sped/2000docs/adminadvis01_3.html

I copied the first part of the page so you can read it here. There is also a table at the bottom showing eligable income levels. I think the table shown on the page was for the date when this was written but they are based on federal poverty guidelines. If your family’s income is equal to or less than
400% of the federal poverty level then you do not pay one cent
for an IEE. For us as a family of 4 that would mean at the time we would have had to have had an income greater than $68,200.00 to be required to pay anything at all. Of course you would have
to document your income.

Here is the first part of the web page….

On September 26, 2000, the Board of Education promulgated emergency regulations
in several areas of special education in response to outside sections of the FY2001
Budget that required such changes. One of the areas now in regulation is the use of a
sliding fee scale for parents requesting public funding of Independent Education
Evaluations (IEEs). The new regulatory language may be found at 603 CMR
28.04(5)(c). The Section 28.00 regulations [ HTML || PDF ]are available by request
from the Department at 781-338-6203.

Key provisions of the sliding scale requirements related to publicly
funded IEEs

1.General: All IEEs that are publicly funded, in whole or in part, must meet state
requirements using qualified evaluators who abide by the requirements detailed
in 603 CMR 28.04(5)(a). The publicly funded IEE described in #1-9 of this
section is an “equivalent” IEE, that is, equivalent to the types of assessments
done by the school district.

2.Funding based on eligibility for free or reduced cost lunch: Any student
eligible for free or reduced cost lunch is entitled to receive an equivalent IEE at
public expense. No additional financial information is required.

3.Sliding fee program information: School districts must offer parents seeking
public funding for IEEs information about the sliding fee program.

4.Provision of financial documentation: Participation in the sliding fee
program other than for students who are eligible for free or reduced cost lunch
requires the parents to provide financial documentation. Providing financial
documentation to the school district is completely voluntary on the part of
the parents. If, however, the parents do not agree to provide such
documentation, participation in the sliding fee program will not be available to
such students.

5.Federal Poverty Guidelines: Current Federal Poverty Guidelines are listed
below. On or before February of each year, school districts must update the
Federal Poverty Guideline figures that they are using. Federal Poverty
Guidelines are updated each year, published in the Federal Register in their
entirety, and may be found on the internet at
http://aspe.hhs.gov/poverty/00fedreg.htm

6.400% of Federal Poverty Guidelines: Any student whose family income is
400% or less of the federal poverty guidelines is entitled to receive an equivalent
IEE. Parents must provide financial documentation to show eligibility.

7.400-500% of Federal Poverty Guidelines: Any student whose family
income is more than 400% and equal to or less than 500% of federal poverty
guidelines is entitled to have the district pay for 75% of the costs of an
equivalent IEE. Parents must provide financial documentation to show
eligibility.

8.500-600% of Federal Poverty Guidelines: Any student whose family
income is more than 500% and equal to or less than 600% of federal poverty
guidelines is entitled to have the district pay for 50% of the costs of an
equivalent IEE. . Parents must provide financial documentation to show
eligibility.

9.Over 600% of Federal Poverty Guidelines: Any student whose family
income is more than 600% of federal poverty guidelines is not eligible for public
funding under the sliding fee program.

10.Other options: Students who are not income-eligible, whose parents do not
wish to provide financial documentation, or who are requesting an evaluation
in an area not assessed by the school district may still request public funding of
an IEE. Upon such request, the school district can either agree to pay for the IEE
or must proceed within five school days to the Bureau of Special Education
Appeals (BSEA) to show that the evaluation done by the school district is
appropriate.