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

Proposed Amendments to 603 CMR 41, Regional School District Regulations

State law (M.G.L. c.71, s.16B) provides that the Commissioner shall "assume operation" of a regional school district if the member towns have not adopted a budget by December 1 of any fiscal year. We have not needed to invoke this provision in recent years, because each of our 81 regional districts has been able to reach a budget agreement by the deadline. This year, however, we have two school districts (Southern Berkshire and Mohawk Trail) whose budget impasses may not be resolved by December 1.

I am proposing amendments to the Board's regulations on regional school districts (603 CMR 41) to establish the procedures to be followed if and when it is necessary to invoke this statute. In order to ensure an orderly continuation of the districts' operations, I am recommending that the Board adopt these amendments at the October meeting as emergency regulations. This will allow them to take effect prior to the December 1 deadline. As required by the Administrative Procedures Act (M.G.L. c.30A), we will solicit public comment and present it to the Board at its January 2008 meeting, at which time the Board can vote to make the amendments permanent.

Attached are the statute (excerpted), the text of the proposed amendments to the regulations, and a motion for their approval. Associate Commissioner Jeff Wulfson and Deputy General Counsel Kristin McIntosh will be available at the meeting to answer any questions.

Attachments

Statute (excerpted)