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The Massachusetts Board of Elementary and Secondary Education

Delegation of Authority to Commissioner to take Necessary Action between Board Meetings

To:
Members of the Board of Elementary and Secondary Education
From:
Mitchell D. Chester, Ed.D., Commissioner
Date:
June 12, 2015

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The Board's next regular meeting is scheduled for September 22, 2015. During the three-month hiatus, matters could arise that require Board action and that are not covered by the Board's previous delegations of authority (e.g., the Board has delegated grant approvals and certain charter school matters to the Commissioner). In a compelling situation, we would convene a special meeting of the Board. To deal with other situations, the Board may delegate authority to the Commissioner, in accordance with G.L. c. 15, §1F, paragraph 3, which reads as follows:

The board may delegate its authority or any portion thereof to the commissioner whenever in its judgment such delegation may be necessary or desirable. The commissioner shall exercise such delegated powers and duties with the full authority of the board.

I recommend that the Board vote to authorize the Commissioner to act on its behalf in approving any matters that are not otherwise covered by the Board's previous delegations of authority and that require Board action between June 23, 2015 and the next regular meeting of the Board in September 2015; provided that the Commissioner shall notify Board members in advance of any such action and shall report to the Board on any matters that have been so approved.

One such matter that I anticipate is a proposed amendment to the contract between the board of trustees of the SABIS International Charter School in Springfield and Springfield Education Management, LLC, a wholly owned subsidiary of SABIS® Educational Systems, Inc., a for-profit education management organization. The school's charter was renewed this year and the board of trustees has proposed changes to the existing management contract to address needs for the next charter term. Under the charter school statute, G.L. c. 71, § 89(k)(5), the Board must approve contracts between charter schools and the entities from which they intend to procure substantially all educational services. I recommend that the Board include in its vote the authorization for the Commissioner to approve the contract pending satisfactory completion of the Department's review of the technical and legal aspects of the contract.

Enclosed is a motion to this effect. If you have any questions, please contact me.



Last Updated: June 19, 2015
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