Section Ed 1129.09 - General Rate Setting Information(a) Tuition rates shall be set based on the agency's budget proposal which shall be submitted on those forms prescribed in Ed 1129.02. Deadline for submission of all prescribed forms shall be the first of April, annually.(b) Any adjustments to the agency's budget proposal shall be made by the department based solely upon these rules and evaluation of required budget materials and information.(c) Rates shall become effective on July first, and shall be set annually.(d) Once the department has established a final rate for an agency, no further adjustments shall be made to the rate(s) for the fiscal year in which the agency's budget proposal was submitted.(e) The department shall notify the agency by certified mail of the established rate(s).(f) The daily and annual rate(s) established through this process shall be the maximum reimbursement paid to the agency on a per-child basis.(g) The daily and annual rate or rates or related service rates established through this process shall be the maximum amount charged to a public agency without the specific written approval of the responsible public agency.(h) Any parent organization or related party providing services, facilities, or supplies to an agency submitting a budget proposal shall make available documentation including but not limited to invoices, leases, loan-notes, and insurance policies supporting the related party costs. The related party costs shall be considered services for the purposes of establishing rates.(i) Each agency shall establish a chart of accounts reflecting the functions specified in (i) below and shall maintain accounting records in accordance with the chart.(j) All revenues and expenditures shall be assigned to the following functions: (3) Other non-special education costs;(4) Special education programs - Instruction;(5) Special education programs - Room and Board costs;(6) Special education programs - Occupational therapy;(7) Special education programs - Physical therapy;(8) Special education programs - Speech therapy; and(9) Special education programs - Counseling.(k) Rates for out-of-state agencies shall be set at the rate established by the rate-setting authority in the state where the agency is located. In states where no rate-setting authority exists, the department shall establish the rate payable to the agency through application of these rules. Requests for rate changes for out-of-state agencies shall be accompanied by a copy of the revised official rate notification from the rate-setting authority in the state where the agency operates.(l) Each agency shall submit the following information: (1) A complete rate setting budget proposal as specified in Ed 1129.02(c)(1)-(6); and(2) Actual data from the previous year or years to allow the department to compare the budget to actual expenditures for the year or years.(m) The agency shall submit a copy of the audited financial statements and special report made by an independent auditor as specified in Ed 1129.18. The actual data and independent auditors' reports shall be due within 120 days of completion of the fiscal year. The financial statements shall at a minimum contain supplemental schedules using the same line items and functions used in the budget submitted with the rate request.(n) A semi-annual Summary of Revenues and Expenditures report shall be prepared using the same line items and functions as used in preparation of the budget. The first summary shall contain information for the first 6 months of the fiscal year or years and shall be submitted with the rate setting proposal.N.H. Admin. Code § Ed 1129.09
(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08
Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.