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Education Laws and Regulations

603 CMR 38.00:
School Construction

Section:
38.02:
38.03:
38.04:
38.05:
38.06:
38.07:
38.08:
38.09:
38.10:
38.11:
38.12:
38.13:
38.14:
38.15:
38.16:
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38.14: Minimum Spending Requirements for Building Maintenance

(1) Every operating school district shall, in fiscal year 1999 and each succeeding year thereafter, expend funds for the purposes of utilities and ordinary maintenance and for extraordinary maintenance in an amount not less than 50% of the district's combined foundation budget allotment for those categories for said fiscal year.

(2) Effective July 1, 1999, no school project will be authorized for funding unless the district is in compliance with the requirements of 603 CMR 38.14(1).

(3) If a district fails to maintain compliance with the requirements of 603 CMR 38.14(1), payments for all projects authorized on or after July 1, 1999, will be suspended for a period of one year, beginning on the July 1 next following the Commissioner's determination of non-compliance. Following such suspension, payments may be resumed with the joint approval of the Commissioner and the deputy commissioner of the division of local services of the Department of Revenue, upon their finding that the district has adequately redressed its noncompliance.

(4) The provisions of 603 CMR 38.14 may be waived by joint approval of the Board and the deputy commissioner of the division of local services of the Department of Revenue, in instances of unanticipated or extraordinary changes in maintenance spending. Such circumstances may include, but are not limited to: opening of a new school building; closing of an existing building; completion of a major renovation project; significant reduction in utility costs; significant maintenance work performed by municipal or district employees; significant maintenance work performed under energy management contracts; or significant numbers of students tuitioned to other districts.

Regulatory Authority:
603 CMR 38.00: M.G.L c. 69, § 1B and Chapter 70B



Last Updated: June 18, 2004
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