17750100 - Operational Services Division

Account Description FY2010
Spending		 FY2011
GAA
1775-0100 Operational Services Division
For the operation of the operational services division; provided, that the division shall expend funds for the purpose of achieving savings pursuant to this act; provided further, that notwithstanding any general or special law to the contrary, the operational services division, which under section 22N of chapter 7 of the General Laws is responsible for determining prices for programs under chapter 71B of the General Laws, shall set those prices in fiscal year 2011 at the same level calculated for fiscal year 2010, except the prices for those programs for extraordinary relief, as defined in the division's regulations; provided further, that upon the request of a program, the division shall determine the minimum price for out-of-state purchasers by identifying the most recent price calculated for the program and applying the estimated rate of inflation which are established by December 1 of each year pursuant to said section 22N of said chapter 7 in a compounded manner for each fiscal year following the most recent calculated price; provided further, that the division shall accept and process applications for program reconstruction for fiscal year 2011 to be considered for rate adjustment in fiscal year 2012; provided further, that the division shall not adjust prices for program reconstruction in fiscal year 2011; provided further, that the division shall not accept applications for special circumstances for salary upgrades in fiscal year 2011; provided further, that not later than December 31, 2010, the division shall submit a report to the house and senate committees on ways and means and the joint committee on education on the policies, procedures and activities of the division associated with the recoupment of funds or reduction of future prices paid to approved private school programs as a result of administrative reviews conducted by the division; and provided further, that the report shall include, but not be limited to the following: (i) a description of the circumstances under which the department has most commonly exercised its authority to so recoup and reduce, (ii) the correlation of recouping and reducing with the imposition of price freezes imposed on programs in recent years, (iii) the impact of recoupment actions and reductions on the efforts and ability of programs to effectively manage their budgets and maintain fiscal viability during periods of price freezes and other periods of fiscal stress, and (iv) the relationship between recoupment and price reduction activities of the division and the programmatic monitoring activities and program oversight activities of the department of elementary and secondary education; and provided further, that upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth's eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011,that notwithstanding any general or special law to the contrary, the bureau of purchased services of the operational services division which is responsible under section 22N of chapter 7 of the General Laws for determining prices for programs under chapter 71B of the General Laws, shall set the prices in fiscal year 2011 by increasing the final fiscal year 2010 prices by the rate of inflation as determined by the division for fiscal year 2011; provided further, that the division shall also adjust prices for extraordinary relief, as provided in 808 CMR 1.06(4); provided further, that the division shall accept applications for special circumstances for salary upgrades



 650,539 502,970

Veto Explanation:   I am vetoing this language because none of the enhanced FMAP funds have been received from or committed by the federal government.