Memorandum of Understanding – Every Student Succeeds Act

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Transportation Claiming Under Title IV-E of the Social Security Act

This Memorandum of Understanding (MOU) has been created and entered into on

______________, 20_____ by and between the following

parties in relation to the administration of school of origin transportation costs

under the Every Student Succeeds Act (ESSA) to maximize Federal Financial

Participation from the Federal Government through Title IV-E of the Social

Security Act (Title IV-E):

Executive Office of Health and Human Services (EOHHS);

Department of Elementary and Secondary Education (DESE);

Department of Children and Families (DCF); and

_(Enter name)

Commonwealth City/Town/Regional School District or Local Education

Agency

The Commonwealth of Massachusetts, Executive Office of Health and Human Services,

Department of Elementary and Secondary Education, Department of Children and Families and

the City or Town or Regional School District of [ ] by and through

[ ] (legal name and address of the Local Education Agency,

hereinafter, the LEA), hereby agree to the following terms and conditions as they relate to

reporting costs and receiving Title IV-E allowable federal reimbursement for said costs as they

relate to transporting children eligible under Title IV-E foster care to and from their foster

placement and their School of Origin, effective for dates of service on or after April 1, 2019.

RECITALS

WHEREAS, DCF is the single state agency designated to submit claims to the Administration of

Children and Families (ACF) for the purposes of obtaining Title IV-E cost reimbursement; and

WHEREAS, the LEA desires to participate in the Title IV-E Claiming of Transportation

Expenditures for Children in Foster Care (hereinafter, the “Program”) under the terms and

conditions set forth in this Memorandum of Understanding (MOU);

WHEREAS, the scope of services and providers payable under the Program is defined by this

MOU; and

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NOW, THEREFORE, in consideration of the mutual obligations contained in this MOU, the

parties agree as follows:

Section 1. DEFINITIONS

The following terms that appear capitalized throughout this MOU shall have the following

meanings, unless the context clearly indicates otherwise.

Administration of Children and Families (ACF) – The agency responsible for the oversight and

administration of services pertaining to children, youth, and families nationwide, as established

under the authority of Section 6 of the Reorganization Plan No. 1 of 1953.

Certification of Qualified Expenditures or Certification of Qualifying Expenditures – For

purposes of this agreement, an expenditure for Transportation that is certified, or attested to, by a

contributing public agency or designated authority at a public agency that is eligible for

reimbursement under Title IV-E of the Social Security Act.

Department of Children and Families (DCF) – The constituent agency within EOHHS providing

services to children 0 through 22 years old who are at risk or have been victims of abuse or

neglect, as well as their families, established under M.G.L. c. 18B, § 1.

Department of Elementary and Secondary Education (DESE) – The constituent agency within

the Executive Office of Education responsible for the provision of a public education system of a

sufficient quality to extend to all children, established under M.G.L. c. 69, § 1.

Every Student Succeeds Act (ESSA) – Federal Law passed in December 2015 governing United

States K-12 public education policy (Public Law 114-95).

Executive Office of Health and Human Services (EOHHS) – The executive secretariat of the

Commonwealth of Massachusetts established under M.G.L. c. 6A, § 2 that oversees DCF.

Individualized Education Program (IEP) – A written statement, developed and approved in

accordance with federal special education law in a form established by the Department of

Elementary and Secondary Education, that identifies a student’s special education needs and

describes the services a school district shall provide to meet those needs.

Local Education Agency (LEA) – See definition for Local Government Entity.

Local Government Entity – Pursuant to MGL c. 44, § 70 and for purposes of this MOU, a city or

town, that by vote of its town meeting, town council or city council with the approval of the

selectmen, town manager or mayor, authorizes the LEA to enter into this MOU and that is

responsible, or assumes responsibility, either directly or indirectly through an agency or other

political subdivision, for the non-federal share of the Program expenditures. Local

Governmental Entity is also referred to as Local Educational Authority (LEA) in this MOU.

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Metropolitan Council for Educational Opportunity (METCO) – a state-funded grant program run

by DESE intended to expand educational opportunities, increase diversity, and reduce racial

isolation by permitting students in Boston and Springfield to attend public schools in other

communities that have agreed to participate, pursuant to M.G.L. c. 76, § 12A.

Reporting Tool – The mechanism, designed and agreed upon by EOHHS, DESE, and DCF, by

which the LEA will report on costs associated with the Program and attest to the accuracy of said

costs.

School of Origin – The school in which a child is enrolled at the time of placement in foster care.

Pursuant to Elementary and Secondary Education Act, § 1111 (g)(1)(E)(i)), DESE and the LEAs

must ensure that a child in foster care enrolls or remains in his or her school of origin unless a

determination is made that it is not in the child’s best interest.

State Fiscal Year – The 12-month period commencing July 1 and ending June 30 and designated

by the calendar year in which the fiscal year ends (e.g., State Fiscal Year 2019 starts on July 1,

2018 and ends June 30, 2019).

Title IV-E – an amendment to the Social Security Act that allows states to claim federal

reimbursement for the costs of administering foster, adoptive, and guardianship services based

on specific eligibility criteria.

Title IV-E Allowable Transportation Claiming Activities – The process through which an LEA

requests payment based on Title IV-E-allowable actual incurred costs related to Administrative

Activities. Administrative Activities Claiming is further described in Section 2.3 of this MOU.

Title IV-E Claiming of Transportation Expenditures for Children in Foster Care Program – The

program through which Local Government Entities participate in administrative activities

claiming of Title IV-E allowable expenditures of transportation for children in foster care.

Title IV-E Eligibility – children in foster care that meet the federal eligibility requirements

outlined in the Social Security Act for foster care maintenance payments claimed on their behalf.

Title IV-E Federal Financial Participation (Title IV-E FFP) – The amount of the federal share

that may be available based on the Certification of Qualifying Expenditures of an LEA for

administrative activities related to the provision of transportation services to IV-E eligible foster

care children to their School of Origin provided pursuant to this MOU.

Section 2. TERMS AND CONDITIONS

1. Subject to (a) the City/Town/Regional School District, hereinafter, Local Education

Agency’s (LEA) voluntary compliance, as determined by EOHHS, with all submission

and other requirements established by EOHHS, DESE, and DCF, hereto referred to as

“the Commonwealth”; (b) all other state approvals; (c) federal approval of all necessary

payment and funding methods and payment limits; and (d) the availability of Title IV-E

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FFP, the Commonwealth will pay the LEA an amount equal to the final Title IV-E FFP

amount received by the Commonwealth for the allowable Certification of Qualifying

Expenditures of the LEA for that state fiscal year, less any contingency fees and other

administrative costs.

2. The LEA shall submit to the DESE a cost report and Certification of Qualifying

Expenditures on a form designated by the Commonwealth and completed in accordance

with the Commonwealth’s instructions and signed by an officer who is an authorized

signatory of the unit of government providing the non-federal share of Title IV-E

allowable transportation expenditures associated with transporting children to/from

his/her School of Origin.

3. Said certification shall provide that the LEA’s reported expenditures are allowable costs

for children in foster care who are covered under ESSA and exclude the following costs:

a. Any Individualized Education Program (IEP) transportation costs incurred for a

child who is enrolled in MassHealth where transportation services are required

under the IEP;

b. Any costs for children and youth considered homeless as defined by the

McKinney-Vento Homeless Assistance Act's, 42 USC 11434(a)(2);

c. Participate in METCO as set forth in M.G.L. c. 76, § 12A; or

d. Any other federally funded form of transportation services.

4. The LEA shall comply with all Title IV-E transportation administrative and billing

requirements set forth in this MOU or incorporated by reference and applicable laws,

regulations or subregulatory guidance regarding these requirements.

5. The LEA must repay to the Commonwealth any amounts resulting from any

overpayment, erroneous reporting, administrative fine, or otherwise, in accordance with

this MOU, DESE’s rules and regulations, and all other applicable state and federal laws.

6. In the event that a review by the Commonwealth, ACF, or any other state and federal

oversight entity reveals that the LEA’s claim resulted in a duplicate payment under one or

more state or federal programs or that LEA did not follow the requirements in accordance

with the terms specified herein or applicable state or federal laws for any fiscal year the

Commonwealth retains the right to recover payments from the LEA for that fiscal year(s).

7. At any point during the MOU, if the Commonwealth, in its sole judgment, identifies any

deficiency in the LEA’s performance under the MOU, the Commonwealth may require

the LEA to develop a corrective action plan to correct such deficiency. The corrective

action plan must, at a minimum:

a. identify each deficiency and its corresponding cause;

b. describe corrective measures to be taken to address each deficiency and its

cause;

c. provide a time frame for completion of each corrective measure;

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d. describe the target outcome or goal of each corrective measure (i.e., how the

action taken will be deemed successful);

e. describe the documentation to be submitted to the Commonwealth as evidence

of success with respect to each corrective measure; and

f. identify the person responsible for each corrective measure, and any other

information specified by the Commonwealth.

The LEA shall submit any such corrective action plan to the Commonwealth and shall

implement such corrective action plan only as approved or modified by the

Commonwealth. Under such corrective action plan, the Commonwealth may require the

LEA to (1) alter the manner or method in which the LEA performs any MOU

responsibilities, and (2) implement any other action that the Commonwealth may deem

appropriate.

The LEA’s failure to implement any corrective action plan may, in the sole discretion of

the Commonwealth, be considered breach of the MOU, subject to any and all agreement

remedies including, but not limited to, termination of the MOU.

8. Any costs incurred by the Commonwealth to administer the LEA’s participation in the

ESSA transportation claiming program, including contingency fees payable to the

Commonwealth contractors, if necessary, will be offset against amounts of federal

revenue payable to the LEA under an ongoing MOU or withheld in a special payment

arrangement in the case of MOU termination.

9. The LEA shall immediately disclose to the Commonwealth any non-compliance by the

LEA with any provision of this MOU, or any state or federal law or regulation governing

this MOU.

10. In the event that the Commonwealth receives written notification of a deferral or

disallowance of Title IV-E FFP claimed on behalf of the LEA’s services through the

Certification of Qualifying Expenditures, receives written notification of an audit finding

requiring the return of any such Title IV-E FFP, or otherwise reasonably determines that

any such Title IV-E FFP will be deferred or disallowed if claimed, the Commonwealth

shall so notify the LEA. At any time after the Commonwealth’s receipt of such notice or

other information, it may require the LEA to remit to the Commonwealth the amount of

payment(s) under review, pending final disposition of such review. The Commonwealth

shall specify such amount in a written remittance notice to the LEA and, within 30 days

of the date of such remittance notice, the LEA shall repay to the Commonwealth an

amount equal to the amount specified. In the absence of such a remittance notice, the

LEA may, on its own initiative remit such amount to the Commonwealth. In the event the

LEA for any reason retains payment amounts subject to deferral, disallowance, or audit

findings as described herein, the LEA shall be liable for such amounts plus any interest

assessed by the federal government on the Commonwealth. The Commonwealth shall

provide to the LEA written notification of the amount of any federal interest assessed on

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payment amounts retained by the LEA. In the event that the final disposition of the

deferral, disallowance, or audit described herein requires the Commonwealth to return an

amount previously paid by the LEA to the Commonwealth under these provisions, no

such payment due to the LEA shall constitute a late payment or otherwise obligate the

Commonwealth to pay to the LEA any interest on such payment. Any remittance

pursuant to the provisions of the paragraph shall be in accordance with all applicable state

law.

11. The LEA must maintain records that are accurate and sufficiently detailed to substantiate

the legal, financial, and statistical information reported on the Certification of Qualifying

Expenditure form. These records must demonstrate the necessity, reasonableness, and

relationship of the costs (e.g., personnel, supplies, and services) to the provision of

services and must be furnished upon request to the Commonwealth or its designees, or to

any other federal and state officials and agencies authorized by law to inspect such

information or their designees, including the United States Secretary of Health and

Human Services, the Comptroller General of the United States, the Administration for

Children and Families, the Governor of Massachusetts, the Massachusetts Secretary of

Administration and Finance, the Massachusetts State Auditor, the Massachusetts

Department of Elementary and Secondary Education, and the Massachusetts Department

of Children and Families. These records include, but are not limited to, all relevant

transportation payments, service dates related to transportation payments, and child

count. The LEA must maintain documentation supporting the transportation costs: (1)

associated with transporting children eligible under Title IV-E in foster care, including

their names and dates of services provided; and (2) that the costs are associated with

transporting these children to/from their School of Origin; and (3) that the costs are not

excluded pursuant to Section 2.3 of this MOU. The LEA is required to maintain cost

report work papers for a minimum period of seven years beyond the last quarter that a

child’s transportation costs are included on a claim or until the completion of any audit,

whichever is longer, following the end of each cost reporting period.

12. The LEA and any of their business associates/subcontractors shall comply with the terms,

conditions, and obligations relating to data privacy, security, and management of personal

and other confidential information applicable to the LEA under this MOU, as well as any

other laws, regulations and other legal obligations regarding the privacy and security of

such information to which the LEA is subject.

13. The Terms and Conditions set forth in this MOU may be terminated by any party upon

written notice to the other at the address set forth below. Notice shall be sent to:

Executive Office of Health and Human Services

Office of Federal Finance and Revenue

600 Washington Street, 7

Floor

Boston, MA 02111

Attn: Michael Berolini, Director

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Local Education Agency Name

Local Education Agency Address

Attn:

Local Education Agency Contact

14. The Terms and Conditions may be amended at any time in writing, signed by all parties.

15. The Terms and Conditions shall be governed by and construed in accordance with the

laws of the Commonwealth of Massachusetts.

16. No provision of the Terms and Conditions is or shall be construed as being for the benefit

of, or enforceable by, any third party.

17. Rights and obligations, which by their nature should survive or which these Terms and

Conditions expressly states will survive, will remain in full force and effect following

termination or expiration of this MOU. Notwithstanding the generality of the foregoing,

the rights and duties under paragraph 12 survive the termination or expiration of this

MOU.

Signed by the respective duly authorized representatives of the parties hereto.

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COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE

OFFICE OF HEALTH AND HUMAN SERVICES

By: _

EOHHS Authorized Signatory

Name: (Print)

Date:

By: _

DESE Authorized Signatory

Name: (Print)

Date:

By: _

DCF Authorized Signatory

Name: _(Print)

Date:

(Name)

Local Education Agency Authorized Signatory

By: _

Local Education Agency Authorized Signatory

Date:

Name: (Print)

Position:

Phone Number:

Email Address: