DRAFT 603 CMR 50.00: DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

Regulations Relating to Educational Collaboratives

For consideration and initial action by the Board of Elementary and Secondary Education: September 25, 2012

Period of public comment: October 12 – November 7, 2012

Final action by the Board of Elementary and Secondary Education: January 29, 2013

603 CMR 50.00: EDUCATIONAL COLLABORATIVES

Section

50.01: Authority, Scope, and Purpose

50.02: Definitions

50.03: Department Approval

50.04: Collaborative Responsibilities

50.05: Training

50.06: Collaborative Employees

50.07: Finance

50.08: Reporting

50.09: Department Review of Educational Collaboratives

50.10: Probationary Status, Suspension, and Revocation

50.11: DissolutionTermination, Suspension, and Revocation

50.12: General Provisions

50.01 Authority, Scope, and Purpose

(1)Authority: 603 CMR 50.00 is promulgated pursuant to the authority of the Board of Elementary and Secondary Education under M.G.L. c. 69, §1B, andM.G.L. c. 40, § 4E.

(2)Scope: 603 CMR 50.00 governs the formation, operation and review by the Department of educational collaboratives created under the authority of M.G.L. c. 40, § 4E.

(3)Purpose: The purpose of 603 CMR 50.00 is to provide uniform rules and procedures governing the establishment and operation of educational collaboratives.

50.02 Definitions

As used in 603 CMR 50.00, unless the context clearly requires otherwise, terms shall have the following meanings:

Appointed Representative: The individual assignedappointed by each member district’s school committee or andcharter school board to serve on the collaborative board of directors.

Board: The Board of Elementary and Secondary Education or a person duly authorized by the Board.

Capital: The acquisition or improvement of fixed assets, including real property, with a unit cost of $5,000 and a useful life of one year or more, debt payments and deposits into capital reserve.

Charter School Board: The board of trustees of a charter school established under M.G.L. c. 71, § 89.

Collaborative Agreement: The written agreement that forms the basis of the educational collaborative.

Collaborative Board of Directors: The board comprised of the representatives appointed by the member districts and by the Commissioner to manage the educational collaborative.

Commissioner: The Commissioner of the Department of Elementary and Secondary Education.

Department: The Department of Elementary and Secondary Education.

Educational Collaborative: A collaborative approved by the Board in accordance with M.G.L. c. 40, § 4E. The terms collaborative, education collaborative, and educational collaborative shall have the same meaning.

Member District: Acharter school board orschool committee of a city, town, or regional school district that has voted to join an educational collaborative and has been accepted by appropriate votes of the collaborative board of directors, and the member school committees and charter school boards, and approved by the Board.

Model Agreement: The collaborative agreement developed by the Department, which may be used or adapted by educational collaboratives.

Non-Member District: Aschool committee or charter school board that receives services from the educational collaborative but is not a member district.

Related Ffor-Pprofit or Nnon-Pprofit Oorganization: Shall have the meaningasdefined in M.G.L. c. 40, § 4E.

Sending District: A Massachusetts city, town, or regional school district in which a collaborative student resides and where the student would otherwise attend a public school.

50.03 Department Approval

(1)Forming an Educational Collaborative: Two or more school committees of cities, towns, and regional school districts and charter school boards may establish an educational collaborative by entering into a collaborative agreement in accordance with M.G.L. c. 40, § 4E. The collaborative agreement shall be submitted to the Department for approval as outlined in 603 CMR 50.03 and in guidelines issued by the Department.

(2)Existing Collaboratives: Each educational collaborative in existence as of March 2, 2012 shall amend its collaborative agreement to comply with the provisions of M.G.L. c. 40, § 4E and 603 CMR 50.00. The process for amending the collaborative agreement shall comply with the provisions of the existing collaborative agreement, provided, however, that the amended collaborative agreement must be approved by all of the member districts. The amended collaborative agreement must be submitted to the Department for approval no later than March 4, 2013. An educational collaborative in existence as of March 2, 2012 that submits its amended collaborative agreement to the Department in accordance with this section may continue operating under its existing agreement until the Board approves the amended agreement in accordance with 603 CMR 50.03(6).

(3)New Collaborative Agreements: No new educational collaborative may operate until the collaborative agreement created in accordance with M.G.L. c. 40, § 4E and 603 CMR 50.03 is approved by all of the member districts and the Board, upon recommendation of the Commissioner. A collaborative agreement shall be effective on July 1 of any fiscal year, provided that all requisite approvals, including the Board’s approval, shall be obtained no later than the preceding April 30March 31. Member districts shall not delegate the approval of a collaborative agreement to any other person or entity.

(4)Amending a Collaborative Agreement:

(a)All amendments to collaborative agreements shall be approved by the member districts in accordance with the collaborative agreement and shall comply with 603 CMR 50.03(5) and (6).

(b)All amendments for the admission and withdrawal of member districts shall comply with the following timeline.

  1. A school committee or charter school board may be admitted to, or an existing member district may withdraw from, an educational collaborative as of July 1 of any fiscal year, provided that all requisite approvals for such admission or withdrawal, including the Board’s approval, shall be obtained no later than the preceding April March 301st. The authorizing votes may provide for the deferral of said admission or withdrawal until July 1 of a subsequent fiscal year.
  2. Following the approval for admission to an educational collaborative and continuing until the actual date of such admission, the school committee or charter school board may designate a non-voting representative to the collaborative board of directors.

(c)No amendment shall take effect until it is approved by the Board.

(5)Department’s Review of a Collaborative Agreement or Amendment:

(a)A draft collaborative agreement or draft amendment to a collaborative agreement shall be submitted to the Department for initial review, prior to its approval by the member districts. The model agreement developed by the Department may be used as a guide.

(b)The collaborative agreement shall include the following:

  1. the mission, purpose, objectives and focus of the collaborative;
  2. the programs or services to be offered by the collaborative;
  3. the powers and duties of the collaborative board of directors to operate and manage the collaborative;
  4. the governance of the collaborative;
  1. the conditions of membership and governance of the collaborative, which may include:
  2. minimum attendance requirements, including consequences for failure to attend meetings;

b.consequences for failure of a member district to meet the terms of the collaborative agreement;

  1. consequences for failure to attend training as required by 603 CMR 50.05(3) and 50.12(3); the methodology for allocating votes of member districts, and/or
  2. whether member districts will be assessed membership or administrative dues.
  1. the financial terms for member districts and non-member districts, including any non-member surcharge or fee;
  2. the detailed procedure for the preparation and adoption of an annual budget, and tuition rates, membership administrative dues and fees- for- service;
  3. including a timeline and process for amending the budget, and tuition rates, membership administrative dues and fees- for- service;
  4. the method and timeline for notification and payment of tuition, membership administrative dues and fees- for- service ;
  5. a limit, not to exceed 25 percent%, on the amount of cumulative surplus revenue that may be held by the collaborative at the end of a fiscal year;
  6. how and under what conditions surplus funds may be returned to member districts or credited to support collaborative programs and services offered to member districts and how such funds will be allocated to such member district(s) upon the withdrawal of a member district(s) or the termination of the collaborative;
  7. a procedure for the review and approval of any borrowing, loans, mortgages or acquisition of real property;
  8. the method of termination of the collaborative;
  9. the procedure for apportioning assets and liabilities upon the termination of the collaborative or the withdrawal of a member district;
  10. the procedure for the admission or withdrawal of member districts;
  11. the procedure for amending the collaborative agreement;and
  12. any other matter not incompatible with law which the member districts consider advisable.

(c)The Department shall review the draft collaborative agreement or amendment to ensure that it complies with M.G.L. c. 40, § 4E, 603 CMR 50.00, and any guidelines issued by the Department.

(d)When all changes are made to the draft collaborative agreement or amendment as required by the Department, the final collaborative agreement or amendment shall be submitted to the collaborative member districts for approval. Member districts shall not delegate the approval of a collaborative agreement to any other person or entity.

(6)Required Documentation for Board Approval:

(a)Once the collaborative agreement or amended collaborative agreement has been approved by the member districts in accordance with 603 CMR 50.03, it shall be submitted to the Commissioner for approval by the Board along with the following supplemental documentation:

  1. a notification and the signaturesfromof the chairs of eachthe member districts certifying as to the date the member district voted to approvede the collaborative agreement;

2.a the minutes of the school committee and/or charter school board meeting at which the collaborative agreement or amendment was approved;

  1. current organizational chart with the administrative structure of the collaborative;
  2. the names and positions of current appointed representatives to the collaborative board of directors from each member district;
  3. the collaborative by-laws, as applicable;
  4. a detailed description of proposed programs and services for the current year;
  5. the current location(s) or planned location(s) of the collaborative program(s); and
  6. any other information as required by the Commissioner or Board to clarify the intent or purpose of the collaborative.

(b)The Board shall approve or disapprove a collaborative agreement or any amendment to such agreement, upon a recommendation by the Commissioner as to whether the collaborative agreement or amendment meets the standards in M.G.L. c. 40, § 4E and 603 CMR 50.00. The decision of the Board shall be final

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, is encouraged to provide appropriate space to support collaborative programs in the least restrictive environment to ensure compliance with .Delivery of services through an educational collaborative does not supplant the responsibility of member districts to provide a free appropriate public education for all students in their districts.

(b)Member districts shall ensure that students with disabilities served by the collaborative will be educated with students who are not disabled to the maximum extent appropriate, consistent with applicable 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.

(a)(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:

  1. 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;
  2. a report on significant changes in programs, services, budgets, and property as they arise;
  3. a copy of the collaborative agreement and any amendments;
  4. a copy of the annual budget and tuition rate;
  5. a copy of the annual report and financial audit;
  6. notification of applications for real estate mortgages;
  7. a copy of any capital plan approved by the board of directors; and
  8. any additional information as may be requested by a vote of the school committee or charter school board of the member district.

Each appointed representative has responsibilities to both his/her member district and the educational collaborative board to act in furtherance of the public interest, including but not limited to the following:

When deciding matters as a board member, the appointed representative shall take into account the interests of the member district and the students served by the educational collaborative.

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.

Each appointed representative shall complete training provided or approved by the Department, as outlined in 603 CMR 50.05.

(d)

(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)(513), the collaborative agreement may provide for the imposition of consequences impose consequences for failure of an appointed representative to fulfill the responsibilities set forth in law and the provisions of the collaborative agreement.

(b)(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:

  1. a list of the appointed representatives on the collaborative board of directors;
  2. copies of the minutes of open meetings held by the collaborative board of directors;
  3. a copy of the collaborative agreement and any amendments; and
  4. a copy of the annual report and independent audit required by 603 CMR 50.08; and
  5. 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, aAt 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:

  1. ensuring adherence to the collaborative agreement and progress toward achieving the purposes set forth in the agreement;
  2. determining the cost-effectiveness of programs and services offered by the collaborative;
  3. 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;
  4. voting to approvinge all expenditures, including contracts, borrowing, and the purchase and sale of real estate; and
  5. 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:

  1. to maximize integration opportunities for students placed in or served by the collaborative programs;
  2. to coordinate services, including basic health care services, to students placed in or served by the collaborative programs; and
  3. to identify any other terms and conditions for the use of space.

(4)Appointee of Commissioner:

(a)The Commissioner shall appoint a representative n individual to serve as a voting member of on the board of directors offor 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.

(b)(c)The Commissioner’s appointee shall be an active member of the board of directors with full voting rights and responsibilities.

50.05 Training

(1)Training Requirement: Each appointed representative shall complete training provided or approved by the Department.

(2)Training Content: The training shall include a review of the open meeting law, public records law, conflict of interest law, special education law, the budgetary process, procurement, fraud prevention and awareness, and the fiduciary and management oversight responsibilities of a collaborative board of directors.

(3)Frequency of Training: Each appointed representative shall complete the required training within 60 days of the initial appointment and every six years thereafter, unless otherwise required by law or regulation.

(a)Each appointed representative shall submit to the Department a certificate(s) of completion of such required training in a form required by the Department. An appointed representative may meet one or more of the training requirements through an alternative means by providing a description of the training and a certification of completion. The Department shall determine whether such training satisfies the requirement.

(b)Failure of an appointed representative to attend the mandated training in the time frame set forth in 603 CMR 50.05(3) and 50.12(32) may result in the collaborative such member district’s membership being placed on probationary status in accordance with 603 CMR 50.10.

(c)The Department will publish notices of available training, certification requirements, criteria for approval of authorized training, and supplemental materials.

50.06 Collaborative Employees

(1)Public Employer: The collaborative board of directors is a public employer and may employ such other personnel as may be required to fulfill its mission subject to the certification and approval standards in M.G.L. c. 40, § 4E.