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Education Laws and Regulations

603 CMR 41.00:
Regional School Districts

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41.03: Department of Elementary and Secondary Education Approval

(1)  After the Reorganization Needs Conference the Department will either give written notification to proceed or make a written request for additional information or modifications. In the case of an approved proposal to establish a new region, the Department shall direct the Regional School District Planning Board to draft a District Agreement, in accordance with M.G.L. c. 71, [[section]] 14B. In the case of an approved proposal to expand or enlarge a regional school district, the Department will direct the regional school committee to draft an amendment to the existing District Agreement.

(2)  Admission and Withdrawal of Members

(a) A new member may be admitted to, or an existing member withdraw from, a regional school district as of July 1 of any fiscal year, provided that all requisite approvals for such admission or withdrawal, including the Commissioner's approval, shall be obtained no later than the preceding December 31. The authorizing votes may provide for the deferral of said admission or withdrawal until July 1 of a subsequent fiscal year.

(b)  Following the approval of a prospective member for admission into a regional school district and continuing until the actual date of such admission, the local school committee of the prospective member may designate a non-voting representative to the regional school committee.

(3)  When a proposed Regional School District Agreement or Amended Agreement has been accepted by all of the participating municipalities, the Regional School District Planning Board or Regional School Committee shall submit to the proposed Agreement or Amended Agreement, together with the certified votes of the participating municipalities, to the Commissioner for approval.

(4)  The Commissioner shall approve or disapprove a Regional District Agreement, and any subsequent amendments to the Agreement, based on review and recommendation by the Department that the Agreement meets the standards in 603 CMR 41.00 and applicable law. The decision of the Commissioner shall be final.

(5) With the approval of the commissioner, a regional agreement may provide for a transition planning period to commence with the election or appointment of the regional school committee. Such transition planning period may extend not longer than the remainder of the fiscal year in which the school committee is elected or appointed plus one additional fiscal year. During such transition planning period, the local school committees shall continue to oversee and operate the schools in their respective towns. The regional school committee shall have non-operating status during this period and shall have power to hire staff, enter into contracts, and take such other actions as are needed to prepare for an orderly transition. At the end of the transition planning period, responsibility for the oversight and operation of the schools shall transfer to the regional school committee.

Regulatory Authority:
603 CMR 41.00: M.G.L. c. 69, §1B; c. 71, §14B and §16D; c. 150E, §1.
Most Recently Amended by the Board of Education: May 19, 2009

Last Updated: June 3, 2009
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