Friday, January 16, 2015

Massachusetts General Law........


MGL, chapter 76 - school attendance
section 12b - definitions: attendance of school other than in city or town od residence of child.


In part, reads;


 Receiving district, city, town or regional school district within the commonwealth in which a child does not reside, but in which that child attends public school under the provisions of this section.


Sending district, city, town or regional school district within the commonwealth in which a child resides, but in which that child does not attend public school under the provisions of this section.


subsection d; Each city, town or regional school district shall enroll non-resident students at the school of such non-resident student's choice; provided, however, that such receiving district has seats available as stated in said report; provided, however, that this obligation to enroll non-resident students shall not apply to a district for a scool year in which its school committee, prior to June First, after a public hearing, adopts a resolution withdrawing from said obligation, for the school year beginning the following September. Any such resolution of a school committee shall state reasons therefor, and such resolution with said reasons shall be filed with the department of education; provided, however, that said department shall have no power to review any such decision by a school committee. If the city, town or regional school district operates an intra-district choice plan, non-resident students may apply for schools on the same basis as resident students, but the intra-district choice plan may give preference to resident students in assigning students to schools.


subsection f; For each student enrolling in a receiving district, there shall be a school choice tuition amount. Said tuition amount shall be equal to seventy-five percent of the actual per pupil spending amount in the receiving district for each education as is required by such non-resident student, but not more than five thousand dollars; provided, however, that for special education students whose tuition amount shall remain the expense per student for such type of education as is required by such non-resident student. (tell me again how taking in students benefits the school or the taxpayers)
The state treasurer is hereby authorized and directed to deduct said school choice tuition amount from the total education aid, as defined in chapter 70 (state school aid) of said student's district, prior to distribution of said aid and to deposit said aid in the School Choice Tuition trust fund established by section 12C. In the case of a child residing in a municipality which belongs to a regional school district, the school choice tuition amount be deducted from said chapter 70 education aid of the school district appropriate to the grade level of the child. If, in a single district, the total of all such deductions exceeds the total state aid appropriated, the commonwealth shall appropriate this excess amount; provided, however, that if said district has exempted itself from the provisions of chapter 70 by accepting section fourteen of said chapter, the commonwealth shall assess said district for excess amount.


Jeff Bennett



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