The Chapter 402 Program is for court-ordered students in which DCYF has financial responsibility for the student's placement in cases of abuse, neglect, or CHINS. The district of liability is responsible for paying a cap which is 3 times the state average tuition for these court ordered students' educational and educational related services costs. The New Hampshire Department of Education is then responsible for paying the remaining educational and educational related services costs. The Chapter 402 cap for Fiscal Year 2013 (July 1, 2012 to June 30, 2013) is $39,651.33.
Below is an outline of the Chapter 402 process and helpful information on each area.
- The Chapter 402 cap must include only special education and special education related services costs for the student during the fiscal year they are applying for (July 1st through June 30th).
- All invoices should be entered into NHSEIS as they come in, except for the following services: The school district is responsible for the costs of all evaluations and consultations. These services are not covered by Chapter 402. Please do not enter costs for any evaluations or consult services. Expenses incurred at YDC after the district has met cap are not paid by NHDOE. The District should contact YDC to stop billing.
- The District cannot enter any costs until a finalized IEP has been entered into NHSEIS.
- All invoices used to meet cap must be submitted for verification of allowable costs.
- Please make sure all services have been completed before the invoices are forwarded to the Bureau of Special Education for payment.
- If your school district pays a portion of an invoice to reach the cap for a student, please make sure that you forward a copy of that invoice to the State and clearly mark on the invoice the amount your LEA paid and the amount the State is responsible for paying.
- An Attendance Verification Form no longer needs to be submitted as the District is verifying attendance by checking the "Attendance Certified" box when entering the invoices in NHSEIS.
- If your school district accidentally overpays the Chapter 402 cap on a student, it is your responsibility to contact the provider for reimbursement of that overpayment. Once you have been refunded, you can forward the outstanding invoices to the Bureau of Special Education for payment. The invoices in NHSEIS should be adjusted to reflect what was ultimately paid, after receiving reimbursement for overpayment.
- Charges that exceed the approved rate or charges for over-delivery of services will not be used to calculate meeting the 402 cap. The invoices section in NHSEIS will disallow any overcharging by the private provider.
- If you have trouble editing this information, please e-mail Terry.Hersh@doe.nh.gov for assistance with this task.
- Copies of invoices paid by the district to reach the Chapter 402 cap.
- Copies of invoices forwarded to the Bureau of Special Education for payment.
- Copies of any court orders.
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