Education Laws and Regulations
603 CMR 50.00
50.04: Collaborative Responsibilities
(1) Responsibilities of Member Districts:
- (a) Each member district shall annually appoint either a member of the school committee or charter school board or its superintendent of schools to be its appointed representative on the collaborative board of directors.
- (b) Each member district shall, to the extent possible, provide appropriate space to support collaborative programs in the least restrictive environment to ensure compliance with civil rights and special education laws and regulations.
- (c) Each member district shall comply with the provisions of the collaborative agreement.
(2) Responsibilities of Appointed Representatives:
- (a) Each appointed representative has a fiduciary responsibility to discharge his or her duties with care, skill, prudence and diligence for the benefit of the representative's member district and the students served by the educational collaborative.
- (b) If the interests of the educational collaborative conflict with the interests of the member district, the appointed representative shall have a duty to inform the member district about the conflict at the next regularly scheduled open meeting of the member district.
- (c) Each appointed representative shall be responsible for providing the following information to the representative's member district in accordance with the provisions of M.G.L. c. 40, § 4E:
- quarterly information and updates to the school committee or charter school board at an open meeting on collaborative activities, including, but not limited to, the programs and services provided by the collaborative;
- a report on significant changes in programs, services, budgets, and property as they arise;
- a copy of the collaborative agreement and any amendments;
- a copy of the annual budget and tuition rate;
- a copy of the annual report and financial audit;
- notification of applications for real estate mortgages;
- a copy of any capital plan approved by the board of directors; and
- any additional information as may be requested by a vote of the school committee or charter school board of the member district.
- (d) Each appointed representative shall complete training provided or approved by the Department, as outlined in 603 CMR 50.05.
- (e) The appointed representative shall be an active and engaged voting member of the collaborative board of directors. The appointed representative shall attend scheduled meetings and fulfill all duties as may be required by the collaborative board of directors, 603 CMR 50.00 and the collaborative agreement. In accordance with 603 CMR 50.03(5)(b)(5), the collaborative agreement may provide for the imposition of consequences for failure of an appointed representative to fulfill the responsibilities set forth in law and the provisions of the collaborative agreement.
- (f) The appointed representative shall not delegate his/her powers or send a representative in his/her place as a voting member.
(3) Responsibilities of the Collaborative Board of Directors:
- (a) The collaborative board of directors shall establish a process to provide to member districts, students, parents/guardians, the Board, and the public all information required by law and regulation.
- (b) The collaborative board of directors shall establish and maintain an internet website in accordance with M.G.L. c. 40, § 4E that shall include at a minimum:
- a list of the appointed representatives on the collaborative board of directors;
- copies of the minutes of open meetings held by the collaborative board of directors;
- a copy of the collaborative agreement and any amendments; and
- a copy of the annual report and independent audit required by 603 CMR 50.08; and
- contact information for key educational collaborative staff members.
- (c) The collaborative board of directors shall establish policies to support the operation of the educational collaborative and shall review the effectiveness of such policies to ensure currency and appropriateness. In addition to other requirements of law, at a minimum, the collaborative board of directors shall develop and maintain policies relative to personnel, students, finance and internal controls, and health and nursing.
- (d) The collaborative board of directors shall be responsible for:
- ensuring adherence to the collaborative agreement and progress toward achieving the purposes set forth in the agreement;
- determining the cost-effectiveness of programs and services offered by the collaborative;
- ensuring that any borrowing, loan, or mortgage is cost-effective, is necessary to carry out the purposes for which the collaborative is established, is in the best interest of the collaborative and its member districts and is consistent with the terms of the collaborative agreement;
- approving all expenditures, including contracts, borrowing, and the purchase and sale of real estate; and
- ensuring compliance with the provisions of applicable state and federal laws and regulations.
- (e) For collaborative programs operating within public school buildings, the collaborative shall develop a memorandum of agreement with the host district:
- to maximize integration opportunities for students placed in or served by the collaborative programs;
- to coordinate services, including basic health care services, to students placed in or served by the collaborative programs; and
- to identify any terms and conditions for the use of space.
(4) Appointee of Commissioner:
- (a) The Commissioner shall appoint a representative to serve on the board of directors of each educational collaborative.
- (b) The Commissioner's appointee shall be provided with all information presented to the collaborative board of directors and such other information as the Commissioner's appointee may request to fulfill the responsibilities of the position.
- (c) The Commissioner's appointee shall be an active member of the board of directors with full voting rights and responsibilities.
M.G.L. c. 69, §1B, and M.G.L. c. 40, § 4E