Education Laws and Regulations

603 CMR 41.00:

Regional School Districts

Section:

  • 41.01: Definitions
  • 41.02: Reorganization Procedures
  • 41.03: Department of Elementary and Secondary Education Approval
  • 41.04: Municipal Representatives in Regional School District Collective Bargaining
  • 41.05: Regional School District Budgets
  • 41.06: Excess and Deficiency Funds
  • 41.07: Fiscal Oversight of Regional School Districts by the Commissioner
  • 41.08: Waivers
  • 41.09: Severability
  • View All Sections

Most Recently Amended by the Board of Elementary and Secondary Education: September 30, 2025

41.06: Excess and Deficiency Funds

  1. (1) Every regional school district shall maintain an excess and deficiency fund on its books of account. At the end of every fiscal year, any surplus or deficit in the district's general fund shall be closed to the excess and deficiency fund

  2. (2) On or before October 31 of each year, every regional school district shall submit to the Department of Revenue the forms and schedules as the Department of Revenue requires for the purpose of reviewing and certifying the balance in the regional school district's excess and deficiency fund as of the close of the previous fiscal year. At the discretion of the Commissioner, the Department may withhold release of all or some part of the monthly state school aid for the regional school district if the regional school district has not filed the required forms and schedules by such date.

  3. (3) A regional school committee may use all or part of the certified balance in the excess and deficiency fund as a revenue source for its current budget, by amendment to the budget, or as a revenue source in the proposed budget for the fiscal year next succeeding the year during which the excess and deficiency is certified. Following Department of Revenue certification, if the certified balance exceeds five percent of the proposed budget for the year succeeding the year for which the balance is certified, the regional school committee shall use the amount in excess of five percent as a revenue source for either its current budget or its proposed budget for the fiscal year next succeeding the fiscal year during which the balance is certified. Funds so encumbered in a budget adopted by the regional school committee and approved by the members shall not be subject to 603 CMR 41.06(1).

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

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