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Education Laws and Regulations

603 CMR 41.00:
Regional School Districts

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41.07: Fiscal Control of Regional School Districts by the Commissioner

(1) When the Commissioner is required to assume fiscal control of a district pursuant to M.G.L. c.71, §16B, and 603 CMR 41.05(4)(b), the following actions taken by the regional school committee, the superintendent of schools, or any other official of the school district shall be effective only with the written approval of the Commissioner:

(a) Adoption or reconsideration of the district budget pursuant to 603 CMR 41.05(1) and (3).
(b) Transfer of budgetary authority between line items.
(c) Encumbrance or expenditure of funds not included in the general fund budget.
(d) Borrowing.
(e) Execution of new or amended collective bargaining agreements.
(f) Execution of new contracts or amendments to existing contracts with a value of $25,000 or more.
(g) Establishment, increase, or decrease of user fees.

(2) During the period of fiscal control, the Commissioner may impound any unencumbered funds for such period of time as he determines.

(3) In addition to the powers enumerated in 603 CMR 41.07(1) and (2), the Commissioner may undertake any initiatives that he deems necessary to secure the financial stability of the district.

(4) The superintendent of schools and other officials of the district shall promptly provide such information and reports as may be requested by the Commissioner.

(5) The Commissioner's fiscal control shall continue until the end of the fiscal year or until the member towns have approved a budget for the subsequent fiscal year, whichever is later.

(6) The Commissioner may designate a person to act on his behalf with respect to his responsibilities under 603 CMR 41.07.

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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