14 Del. Admin. Code § 737-4.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 737-4.0 - Process for Local Reorganized School District Tuition Billing

4.1 A receiving district shall calculate tuition bills by using the most current tuition billing forms and instructions for any tuition expenditures for tuition-eligible students, excluding private placements approved through the Interagency Collaborative Team as authorized by 14 Del.C. § 3124. A tuition billing form means the standardized templates developed and approved by the Department of Education.

4.2 A receiving district shall submit tuition bills to the Department of Education for certification no later than November 15th of each year.

4.2.1 This timeline is critical to ensuring timely payment of obligations to support students by January 1st in accordance with 14 Del.C. § 602(d), and therefore must be met by all reorganized school districts eligible to submit tuition bills.

4.2.2 Failure to meet this deadline may result in the Department of Education's inability to certify tuition bills.

4.3 The Department of Education shall certify that the billing is true and correct no later than 20 working days after receipt. No bill for tuition charges shall be paid until it has been certified by the Secretary of Education.

4.4 Upon certification, the receiving district shall provide a copy of the certified tuition bill to the sending districts whose students are being served by the special school or special program or who are enrolled in the receiving district and classified as pre-kindergarten, intensive or complex.

4.5 In accordance with 14 Del.C. § 602(d), any sending district that has received a tuition bill from a receiving district shall pay the tuition charges no later than January 1st of the current school year. In the event payment is delayed beyond the statutorily required date, the Department of Education may process tuition payments from the sending district's local tuition appropriation.

4.6 Any billing disputes on behalf of the sending district shall be documented through written explanation and provided to the Chief Financial Officer (or equivalent) of the receiving district and the Department of Education no later than December 31st.

4.6.1 Only charges in dispute may be held, while the undisputed remainder of the tuition bill shall be paid.

4.6.2 Billing disputes shall be resolved by the parties and charges paid before the end of the current school year. If disputes have not been resolved by May 1st of each year, both parties shall notify the Department of Education of the circumstances and the Department of Education shall provide a resolution no later than June 1st of the same year. Upon review, the Department of Education shall provide a written decision to both parties, and that decision will serve as the basis for final certification of the tuition bill for immediate payment.

4.7 If any tuition bill is adjusted within the current school year after being certified by the Department of Education, and if the adjustments alter the cost, individual enrollment, total enrollment or tuition rate per pupil from what was already certified, the sending district shall resubmit the tuition bill to the Department of Education for approval and include reasons for changes.

4.8 Tuition billings for serving out-of-state students in accordance with 14 Del.C. § 606 shall be submitted to the Department of Education on a form entitled "Establishment of Tuition Costs for Out-of-State/Country Students with Disabilities." The Department of Education shall certify the tuition bill in accordance with 14 Del.C. Ch. 6 and this regulation.

4.9 For all estimated and actual tuition rate data, the sum of the sending district enrollments shall be equal to the exact number of students in the total program enrollment.

4.10 Tuition billings that yield an increase or decrease of 10% or more per pupil over the prior year estimate shall include a detailed explanation for the rate change.

14 Del. Admin. Code § 737-4.0

27 DE Reg. 970 (6/1/2024) (final)