District/School Administration Administration
The Massachusetts Board of Elementary and Secondary Education

Proposed Amendments to 603 CMR 41, Regulations Governing Regional School Districts

I have some proposed amendments to the regulations governing regional school districts for your consideration. These changes are described below, and the proposed text is attached. I am asking the Board to vote at the January meeting to send the proposed changes out for public comment. I anticipate a final vote on these amendments at the April meeting.

Amendments relating to regional school district budgets

The legal requirements governing regional school district budgets are somewhat complex, because of the interrelationship between the district itself and the cities and towns that are members of the district. In January 2007, the Board issued a set of regulations to clarify some of the ambiguities in the governing statutes and to standardize some practices that varied from district to district. In general the reaction to these regulations was very positive, as most municipal and district officials understood the long-term advantage of a clear and consistent set of rules. At the time of their adoption, we promised to revisit any areas that turned out to be problematic. Based on the feedback we've received, two further amendments are needed, both relating to town meeting votes.

Municipal votes to approve the use of alternate assessments. Approval of regional school district budgets requires two separate decisions by the member towns: the amount of the budget (for which a 2/3 vote is required) and the basis for allocating costs among the members (a statutory formula must be used unless all the members agree to use an alternate local formula). In most districts, these two decisions are combined into a single vote at town meeting, and the current wording of the regulations reflects that practice. A few districts, however, ask their member towns to vote separately on the use of the alternate assessment method and on the budget itself. The proposed amendment clarifies that either practice is acceptable and more clearly states the approval criteria in each case.

Failure to hold a town meeting. If the member towns do not approve a regional school district budget, state law requires the school committee to make a new budget proposal and requires the towns to convene special town meetings to vote on the revised proposal. Every year there are a few instances where the selectmen in a particular town, for a variety of reasons, refuse to issue a warrant for the required meeting. As there is no practicable mechanism for the district to force the holding of a town meeting, the regulations need to address how to handle this situation. The January 2007 amendments stated that a town's failure to hold a town meeting to consider a revised budget proposal is deemed a negative vote. We've received considerable feedback that this provision was very problematic, making budget resolution more difficult and in some cases forcing towns to hold unnecessary special town meetings. The current proposal reverses this presumption and states that failure to hold a meeting within 45 days will be deemed constructive approval. Most of the school and municipal officials with whom we have consulted have indicated that this is a more workable approach, and that it is also consistent with the long-standing practice in many districts.

Amendment relating to the formation of regional school districts

Based on the recommendations of the Ayer-Lunenburg-Shirley regional planning committee, we are adding a provision to permit the Commissioner to establish a transition period of not more than two years following voter approval of a new regional school district. During this transition period, the existing local school committees would continue to operate the schools, giving the newly-established regional school committee time to hire staff, evaluate curriculum and instructional strategies, develop business systems, and put necessary contracts in place. We agree with the Ayer-Lunenburg-Shirley committee that a transition planning period could help new districts to maximize the benefits from regionalization.

If you have any questions regarding these proposals, please contact me or Associate Commissioner Jeff Wulfson (781-338-6500, jwulfson@doe.mass.edu).

Attachments:
   Proposed Amendments to Regional School District Regulations, 603 CMR 41