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The Massachusetts Board of Elementary and Secondary Education

Regulations on Accountability and Assistance for School Districts and Schools, 603 CMR 2.00

To:Members of the Board of Elementary and Secondary Education
From:Mitchell D. Chester, Ed.D. Commissioner
Date:April 16, 2010

Chapter 12 of the Acts of 2010, An Act Relative to the Achievement Gap, was signed into law on January 18, 2010 and took effect immediately. Its purpose is to foster educational innovation and turn around underperforming schools forthwith. Among other things, the new law makes sweeping changes to the statutes on underperforming schools and school districts, Mass. General Laws chapter 69, sections 1J and 1K.

Over the last year and a half, the Department of Elementary and Secondary Education has worked with a wide range of stakeholders, including the School and District Accountability and Assistance Advisory Council, to develop a framework for district and school accountability and assistance, including identifying and intervening in the lowest performing schools in order to bring about rapid improvements. The Board has reviewed and discussed the framework at several meetings. This work has put us in a strong position to carry out our responsibilities under the new law.

In February 2010, I presented to the Board proposed Regulations on Accountability and Assistance for School Districts and Schools. These regulations replace the existing Regulations on Underperforming Schools and School Districts, 603 CMR 2.00; carry out the purpose and intent of the newly amended statutes; and advance the new accountability and assistance system. The Board voted to solicit public comment on the proposed regulations in accordance with the Administrative Procedure Act and send them to the Joint Committee on Education as required by Mass. General Laws c. 69, § 1J, as recently amended. Having concluded that process, we have carefully reviewed all the comments submitted by the public and the Joint Committee co-chairs. We made a number of revisions to the regulations in response to the comments, as well as additional edits for clarity, completeness, and consistency with the statute. I am presenting the revised regulations to the Board for a final vote at the April 27 meeting.

We received comments and suggested revisions to the February version of the proposed regulation from 11 sources: Rep. Martha Walz and Sen. Robert O'Leary, Co-chairs of the Joint Committee on Education; Anne Wass on behalf of the Massachusetts Teachers Association; Thomas Gosnell on behalf of the American Federation of Teachers Massachusetts; Maryalice Stamer on behalf of the Massachusetts School Nurse Organization; Michael J. Long on behalf of the Massachusetts Association of School Superintendents; Stephen J. Finnegan, Esq., on behalf of the Massachusetts Association of School Committees; Tracy O'Connell Novick, Member, Worcester School Committee; Thomas Mela, on behalf of Massachusetts Advocates for Children, joined by the Federation for Special Needs and Multicultural Education, Training & Advocacy, Inc.; John Portz, Member of the Board's Accountability and Assistance Advisory Council; Susan Freedman and Jon Saphier on behalf of Working Group for Educator Excellence; and James C. Savage III, Esq. Retired. Their letters of comment are enclosed for your information, along with a summary and analysis of their comments and our responses.

We have made several revisions to the regulations in response to the comments, as well as making additional changes for clarity, consistency, and completeness. Enclosed is a clean copy of the proposed final regulations as well as a copy showing the changes from the proposed version that the Board reviewed in February and sent out for comment. The major revisions from the February document are the following:

In response to comments:

In order to provide clarification:

You will recall that in March 2010, the Board adopted, in final form, the regulation on placement of schools in Level 4. That regulation appears in this full set of regulations at section 2.05(2).

Deputy Commissioner Karla Brooks Baehr and I will be pleased to respond to your questions at the April 27 Board meeting.

Enclosures:

Proposed regulations
Download Word Document
Summary and analysis of comments and responses
 
Comment letters
Download PDF Document
Statutes: M.G.L. Chapter 69, Sections 1J and 1K, as amended by Chapter 12 of the Acts of 2010
 
Motion to adopt regulations