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Section:
Most Recently Amended by the Board of Elementary and Secondary Education: September 30, 2025
(1) When the Commissioner is required to exercise fiscal oversight of a regional school district pursuant to M.G.L. c. 71, §16B and 603 CMR 41.05(4)(b), upon request, the regional school district shall promptly provide the Commissioner with documentation which may include, but not be limited to, the following:
(a) The current fiscal year's general fund line-item budget.
(b) An expenditure report that includes expended funds, obligated or encumbered funds, and unencumbered funds for the current fiscal year.
(c) A list of user fees charged by the regional school district, including the purposes of the fees.
(d) Non-general fund balances, including school choice, stabilization, special education transportation, and all other special or revolving accounts and funds available to the regional school committee.
(e) The schedule for any bond anticipation notes (BANS) and revenue anticipation notes (RANS) owed by the regional school district.
(f) The status of current indebtedness, including capital projects approved or pending under the Massachusetts School Building Authority (MSBA).
(g) An organization chart for the regional school district, including all administrative positions.
(h) A list of collective bargaining agreements with expiration dates and an update on any pending negotiations.
(2) During the period of fiscal oversight, the following actions taken by the regional school committee, the superintendent of schools, or any other regional school district official shall be effective only with the written approval of the Commissioner:
(a) Adoption, reconsideration, or amendment of the regional school district budget pursuant to 603 CMR 41.05, including, but not limited to, use of excess and deficiency funds, and appropriation to stabilization or special education reserve funds.
(b) Transfer of budgetary authority between line-items.
(c) Planned borrowing, including bond anticipation notes (BANS), revenue anticipation notes (RANS), and intent to incur debt pursuant to M.G.L. c. 71, § 16.
(d) Execution of new or amended collective bargaining agreements, including, but not limited to, memoranda of understanding, settlement agreements, or any other addenda or extensions to collective bargaining agreements.
(e) The establishment of new positions and the execution of new or amended employee contracts.
(f) Execution of all other new or amended contracts with a value of $25,000 or more.
(3) During the period of fiscal oversight, the Commissioner may notify the regional school district that the encumbrance or expenditure of certain funds not included in the general fund budget or the establishment, increase, or decrease of user fees shall require Commissioner approval.
(4) During the period of fiscal oversight, the Commissioner may impound any unencumbered funds for such period of time as the Commissioner determines.
(5) In addition to the powers enumerated in 603 CMR 41.07(1) through (4), the Commissioner may undertake any initiative that the Commissioner deems necessary to secure the financial stability of the regional school district.
(6) The Commissioner may designate a person to act on the Commissioner's behalf with respect to responsibilities under 603 CMR 41.07.
(7) The Commissioner's fiscal oversight shall continue until the end of the fiscal year or until the members have approved a budget for the subsequent fiscal year, whichever is later.
Regulatory Authority: 603 CMR 41.00: M.G.L. c. 69, §1B; c. 71, §14B and §16D; c. 150E, §1.
Disclaimer:For an official copy of these regulations, please contact the State House Bookstore, at 617-727-2834 or visit Massachusetts State Bookstore .
Last Updated: October 2, 2025