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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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38.16: Closing Schools

In addition to the requirement set forth in M.G.L. c. 40, § 3, a community that sells, leases or removes all or the majority of the educational space in an assisted facility from service must conform to the following requirements:

(1) The community must notify the Department of Elementary and Secondary Education prior to the finalization of the sale, lease or removal from service of an assisted facility by reporting such information in a manner and form prescribed by the Department of Elementary and Secondary Education.

(a) Information will include at a minimum: the name and location of the school; the lease or sale price, the proposed purpose or use of the building, the term of the lease, the reasons for such sale, lease, or removal from service, the amount and square footage of the educational space involved and the number of years the building has been in service as a public school.

(b) The school committee must submit a plan for accommodating any displaced school programs and or services as a result of the sale, lease or removal from service of an assisted facility, the long-range plan for accommodating district students within remaining school buildings, enrollment projections and any future school construction plans for the district.

(2) A final audit of the assisted facility must be submitted by the community and approved by the Department of Elementary and Secondary Education in order to determine the actual cost of the construction or renovation and the final approved state grant.

(3) The state grant on an assisted facility that is being sold, leased or removed from service and that has not been in service as a public school building for 50 years after such state assisted construction or renovation will be recomputed as follows:

(a) The number of years the assisted facility has been in service as a public school after the most recent state assisted construction or renovation project will be divided by 50 years.

(b) The resulting fraction will be applied to the grant to determine the final applicable grant pertinent to the number of years the assisted facility has been in service as a public school building after the most recent state assisted construction or renovation project.

(c) Outstanding payments to a city, town or regional school district will be recalculated so as not to exceed the final applicable grant.

(d) Payments made to a city, town or regional school district that exceed the final applicable grant shall be deducted from each city, town or regional school district's local aid payments in relation to the original schedule of annual payments, unless otherwise agreed to by the Commissioner of Education.

(e) The Commonwealth's share shall be in proportion to the educational space that has been sold, leased or removed from service.

(4) The provisions of 603 CMR 38.16 shall apply to:

(a) An assisted facility that has received full payment from the Commonwealth but has not met the 50-year service requirement.

(b) An assisted facility that is currently receiving reimbursement payments from the Commonwealth.

(c) An assisted facility that removed from service the majority of the educational space in the school building for at least half of the preceding fiscal year.

(5) Waivers may be granted for all or part of the repayment method outlined in 603 CMR 38.16(4), at the discretion of the Commissioner of Education if

(a) The sale or lease of such assisted facility is for approved non-profit and/or public purposes; or

(b) The community provides a plan, approved by the school committee, that calls for the reuse of the assisted facility within two years of the closure or prior to the expiration of the term of any outstanding bond or note issued to finance the project; or

(c) An assisted facility is being removed from service pursuant to a school construction plan approved by the Commissioner of Education for the replacement of the school building; or

(d) An assisted facility is being demolished due to health or safety reasons.

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



Last Updated: June 18, 2004
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