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Education Laws and Regulations

603 CMR 48.00: Innovation Schools Regulations

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Most Recently Amended by the Board of Elementary and Secondary Education: March 25, 2014

48.03: General Provisions

(1) Administrative bulletins. The Board and the Department may, from time to time, issue administrative bulletins to interpret, implement, and provide guidance on 603 CMR 48.00.

(2) Non-discrimination. Innovation schools shall be open to all eligible students, on a space available basis, and shall not discriminate on the basis of race, color, national origin, creed, sex, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need, or proficiency in the English language or a foreign language.

(3) Compliance with laws and regulations.

  1. As provided in M.G.L. c. 71, s. 92(c), a school committee, or committees in the case of innovation schools approved by multiple districts, that approves an innovation plan shall ensure that the innovation school operates in accordance with all laws regulating other public schools, except as the law conflicts with M.G.L. c. 71, s. 92(c) or any innovation plans created thereunder. School committees shall take particular care to ensure compliance with laws and regulations protecting the health, safety, and well-being of students and governing the compulsory attendance of school-age children.
  2. If an innovation plan committee is proposing an innovation plan that may conflict with laws (including regulations) governing other public schools, the committee shall, before presenting the plan to the school committee for approval, request approval from the Commissioner for any provision in the plan that may conflict with such laws. The Commissioner's approval shall be based on his determination that the plan is consistent with 603 CMR 48.03 (2) and with the state's obligations under the education clause of the Massachusetts Constitution, Mass. Const., pt. II, ch. V, s. II, as defined by a court of competent jurisdiction, and that the provision in the plan that may conflict with such laws is necessary to advance the mission or educational programs of the innovation school. If the Commissioner does not approve the proposed provision in the plan, the innovation plan committee may ask the Board to review the matter and the Board shall make the final decision.

(4) Waivers. Upon the written request of the Commissioner, the Board may waive any provision of 603 CMR 48.00 for good cause.

Regulatory Authority:
M.G.L. c. 69, § 1B; c. 69, §§ 1J and 1K, as amended by St. 2010, c. 12, § 3; c. 71, § 38G.

Last Updated: April 1, 2014
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