Common use of Special Education/504 Costs Clause in Contracts

Special Education/504 Costs. If any Freeport student attending RSU 5 schools during the first year after withdrawal qualifies for special education or 504 services, the New Freeport SAU shall pay the costs of those services in addition to the tuition rate described in subsection 1 above. The tuition rate calculations under 20-A MRS §§5804 and 5805 expressly exclude expenditures for special education. Therefore, in accordance with Chapter 101 of the Rules of the Maine Department of Education, Maine Unified Special Education Regulation, Section IV(4)(A) and (B), the New Freeport SAU, in addition to the tuition payments required under subsection 1 above, shall be responsible for the actual costs of special education for RSU 5 enrolled students, including special education transportation costs and costs for facilities modifications required to accommodate the students, to the extent that such costs are not included in the calculation of the tuition rate under 20-A MRS §§5804 and 5805(1). For purposes of this subsection 3, special education shall include non-special education 504/ADA plans and services and special education costs shall include costs of non-special education 504/ADA plans and services and reasonable attorneys’ fees incurred by RSU 5 in connection with disputes over delivery of special education services and/or section 504/ADA plan services for individual Freeport students. The RSU shall provide an itemized invoice to the New Freeport SAU for such special education costs during the fiscal year in which the special education costs are incurred.

Special Education/504 Costs. If any Freeport RSU 5 student attending RSU 5 Freeport schools during the first year after withdrawal under this Agreement qualifies for special education or 504 services, the New Freeport SAU RSU 5 shall pay the costs of those services in addition to the tuition rate rates described in subsection subsections 1 and 2 above. The tuition rate calculations under 20-A MRS §§5804 and 5805 expressly exclude expenditures for special education. Therefore, in accordance with Chapter 101 of the Rules of the Maine Department of Education, Maine Unified Special Education Regulation, Section IV(4)(A) and (B), the New Freeport SAURSU 5, in addition to the tuition payments required under subsection subsections 1 and 2 above, shall be responsible for the actual costs of special education for RSU 5 Freeport enrolled students, including special education transportation costs and costs for facilities modifications required to accommodate the students, to the extent that such costs are not included in the calculation of the tuition rate under 20-A MRS §§5804 and 5805(1). For purposes of this subsection 34, special education shall include non-special education 504/ADA plans and services and special education costs shall include costs of non-non- special education 504/ADA plans and services and reasonable attorneys’ fees incurred by RSU 5 Freeport in connection with disputes over delivery of special education services and/or section 504/ADA plan services for individual Freeport RSU 5 students. The RSU Freeport shall provide an itemized invoice to the New Freeport SAU RSU 5 for such special education costs during the fiscal year in which the special education costs are incurred.