DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

M.G.L. pt. Part I, tit. Title II, ch. c. 15

in effect

M.G.L. c. 15, § 1 Department; supervision of commissioner

c. 15, § 1. Department; supervision of commissioner Section 1. There shall be within the executive office of education a department of elementary and secondary education, in this chapter called the department, which shall be under the supervision and management of the commissioner of elementary and secondary education, in this chapter called the commissioner.

M.G.L. c. 15, § 1E Board of elementary and secondary education; composition; disqualification; tenure; vacancies; chairman; expenses; meetings; student advisory and regional councils

c. 15, § 1E. Board of elementary and secondary education; composition; disqualification; tenure; vacancies; chairman; expenses; meetings; student advisory and regional councils Section 1E. There shall be in the department a board of elementary and secondary education, in this chapter called the board, which shall consist of the chairman of the student advisory council established under this section, the secretary of education, in this chapter called the secretary, or her designee, and 9 members appointed by the governor. The 9 members appointed by the governor shall consist of 1 representative of a labor organization selected by the governor from a list of 3 nominees provided by the Massachusetts State Labor Council, AFL–CIO; 1 representative of business or industry selected by the governor with a demonstrated commitment to education; 1 representative of parents of school children selected by the governor from a list of 3 nominees provided by the Massachusetts Parent Teachers Association; and 6 additional members. No appointive member of said board shall be employed by or receive regular compensation from the department of education, or from any school system, public or independent, in the commonwealth, or serve as a member of any school committee. Not more than two members of said board shall be employed on a full-time basis by any agency of the commonwealth. Of the 9 members appointed by the governor, 1 shall be appointed for a term that is coterminous with that of the governor. Each of the remaining 8 members shall be appointed for a term of 5 years. Vacancies shall be filled consistent with the requirements of section 10 of chapter 30. No person shall be appointed to serve more than two full terms, provided, however, that only service on or after July 1, 1996 shall be counted for this purpose. Prior service on said board for a term of less than three years, resulting from an initial appointment or an appointment for the remainder of an unexpired term, shall not be counted as a full term. If a member is absent from any four regularly scheduled monthly meetings, exclusive of July and August, in any calendar year, his office as a member of said board shall be deemed vacant. The chairman of the board shall forthwith notify the governor that such vacancy exists. A person affiliated with an independent institution of higher education shall be eligible for membership on said board. No member of said board shall be found to be in violation of section six of chapter two hundred and sixty-eight A for conduct which involves his participation, as a member of said board, in a particular matter before said board which may affect the financial interest of an independent institution of higher education with which he is affiliated; provided, however, that said member, his immediate family or partner has no personal and direct financial interest in said particular matter; and provided, further, that such affiliation is disclosed to said board and recorded in the minutes of the board. The members of the board shall be reimbursed for their necessary expenses incurred in the performance of their duties. The chairperson of the board shall be appointed by the governor. Members of the board who are employed on a full-time basis by the commonwealth shall be ineligible to serve as chairperson. The board shall meet not fewer than ten times annually at the call of the chairman. There is hereby established a student advisory council to the board of education, consisting of four elected representatives from each student regional council established under the provisions of this section, one of whom shall be a student in a vocational secondary school. The members of said student advisory council shall by majority vote prior to the first day of June in each year elect from their number a chairman who shall serve for a term of one year. Said student advisory council shall meet from time to time and shall consider such matters as it deems appropriate for its chairman to place before the board. There are hereby established not less than five nor more than fifteen student regional councils, whose membership shall be limited to elected student representatives from the secondary schools of the commonwealth who have been residents of the commonwealth for at least six months prior to their election. Said student regional councils shall consist of not less than twenty nor more than forty-five student representatives. No person shall be eligible to be elected to a student regional council unless at the time of his election he is enrolled as a student in a secondary school within the commonwealth. If at any time during his term of office a member of a student regional council ceases to be so enrolled, his membership shall be terminated and his position shall be terminated and his position shall be deemed vacant. A vacancy on the student advisory council prior to the expiration of a term shall be filled for the remainder of the term in the same manner as elections to full terms. A vacancy on a student regional council shall be filled by a majority vote of the entire membership of said regional council. The terms of the elected members of the student advisory council and of the student regional council shall be not more than three years, but no member shall be prevented from running for election for three successive terms. Members of student regional councils shall serve without compensation except that they shall be reimbursed for necessary expenses incurred in travelling to and from meetings. Each student regional council shall meet from time to time with the student advisory council to advise said council regarding business that it deems appropriate to be considered by said advisory council.

M.G.L. c. 15, § 1F Commissioner of elementary and secondary education; appointment; duties; salary

c. 15, § 1F. Commissioner of elementary and secondary education; appointment; duties; salary Section 1F. COMMISSIONER OF ELEMENTARY AND SECONDARY EDUCATION; APPOINTMENT; DUTIES; SALARY Whenever a vacancy occurs in the position of commissioner, the board shall by a two-thirds vote of all its members submit to the secretary, for the secretary's approval, a recommended candidate to fill that vacancy. The secretary may appoint the recommended candidate as commissioner. If the secretary declines to appoint the candidate, the board shall submit a new candidate for consideration. The secretary may appoint the commissioner only from candidates submitted to the secretary by the board. The board may in its discretion by majority vote of all its members remove the commissioner. The commissioner shall be the secretary to the board, its chief executive officer and the chief state school officer for elementary and secondary education. The commissioner shall receive a salary to be determined by the board. The board may delegate its authority or any portion thereof to the commissioner whenever in its judgment such delegation may be necessary or desirable. The commissioner shall exercise such delegated powers and duties with the full authority of the board.

M.G.L. c. 15, § 1G Advisory councils to board; membership; duties

c. 15, § 1G. Advisory councils to board; membership; duties Section 1G. There shall be established advisory councils to the board in the following areas: school and district accountability and assistance; life management skills; home economics; educational personnel; fine arts education; gifted and talented education; math and science education; racial imbalance; parent and community education and involvement; special education; bilingual education; digital learning; vocational-technical education; violence prevention; adult basic education; global education and comprehensive health education and human service programs. The members of these councils shall serve without compensation but may be reimbursed subject to appropriation for expenses necessarily and reasonably incurred in the performance of their responsibilities. Each council shall be composed of members who shall be recommended by the commissioner and appointed by the board and who shall not, by virtue of their membership, be deemed state employees under chapter two hundred and sixty-eight A. Members shall be appointed for a term of three years. No member shall serve for more than two consecutive terms. The members serving on such councils may be school committee members, school superintendents, professional educators, parents or students. A reasonable balance of members representing business, labor, civic, educational, parental and professional groups shall be maintained. Members serving on such councils shall represent a reasonable geographic balance. The members of the advisory council on school and district accountability and assistance shall consist of 15 members: 1 of whom shall be selected from a list of 3 nominees offered by the Massachusetts Association of School Superintendents, 1 of whom shall be selected from a list of 3 nominees offered jointly by the Massachusetts Teachers Association and the American Federation of Teachers of Massachusetts, 1 of whom shall be selected from a list of 3 nominees offered by the Massachusetts Secondary School Administrators' Association, 1 of whom shall be selected from a list of 3 nominees offered by the Massachusetts Elementary School Principals' Association, 1 of whom shall be selected from a list of 3 nominees offered by the Massachusetts Association of School Committees, 1 of whom shall be selected from a list of 3 nominees offered by the Massachusetts Charter Public School Association, 1 of whom shall be a representative of a business or an industry with a demonstrated commitment to education and 8 of whom shall be individuals with a demonstrated record of achievement or academic expertise in: education administration; education or business finance and management; the use of student achievement data to improve instruction and administration; the conduct or use of school and district audits and evaluations; educator evaluation and professional development; or other areas of expertise in education reforms established by chapter 71 of the acts of 1993. The advisory council members shall be recommended by the commissioner and appointed by the board. The council shall meet no less than 4 times annually to review and advise the department and board on the policies and practices of the office of school and district accountability established by section 55A of chapter 15 and the targeted assistance and intervention efforts of the department, established by chapter 69 and the accountability provisions of federal law. The council shall develop and administer, through the department, a post-audit survey to audited school districts and an annual survey to any schools and districts receiving technical assistance under said chapter 69. The council shall present its findings and recommendations to the board no less than 2 times annually. The council shall have the opportunity to review and comment on all regulations relative to the accountability and assistance program areas before board approval. The members of the council on education personnel shall have demonstrated scholarship, creativity, or distinguished service in education, and shall be broadly representative of all areas of public education. The council on global education shall include the directors of each of the bay state centers for global education. The members of the council on math and science education shall have demonstrated scholarship or creativity in, or distinguished service to science or mathematics, and shall be broadly representative of all areas of science and mathematics. There shall be twelve voting members of the advisory council for special education, six of whom shall be parents of children with special needs. The commissioners of the departments of mental health, developmental services, public health and public welfare shall each appoint a representative to serve as ex officio members of the advisory council for special education. At all times the makeup of the advisory council for special education shall comply with requirements of federal law. There shall be twelve voting members of the advisory council for bilingual education, six of whom shall be parents of bilingual students. The advisory council for comprehensive interdisciplinary health education and human service programs shall consist of at least fifteen, but shall not exceed thirty, members who represent school counseling professionals, health home economics educators, child and adolescent health service providers, teachers, parents, high school students, including military-connected students, school administrators and officials, and the departments of welfare, public health, mental health, youth services, children and families, the department of early education and care, a suicide prevention specialist, a substance abuse specialist, a school age child care specialist, a youth programming expert and a member of the clergy. The duties of the advisory council on vocational-technical education shall be performed by the state council on vocational education as constituted under federal vocational-technical education law. The state council on vocational-technical education shall also advise the board on school to work policies. The board may appoint up to three additional members to this council and such members' responsibilities shall be limited to duties required under this statute only. The advisory council on violence prevention shall consist of twelve members, who shall include one assistant district attorney, one assistant attorney general, two teachers of public schools in the commonwealth, one duly elected member of a school committee in the commonwealth, one school district superintendent in the commonwealth, one principal of a public school in the commonwealth, one police chief and two students enrolled in secondary public schools in the commonwealth. Of the student members, at least one shall have experience with a youth violence prevention program. The commissioner, with the approval of the board, shall appoint the chair of each council. The commissioner or his designee shall serve as the secretary to each council. Each council shall make other programmatic recommendations as it deems necessary to fulfill the goals established by the board. The commissioner, with the approval of the board, may establish such other advisory groups as deemed necessary to assist in developing educational plans or programs to advance the purposes of the department. The board shall further establish a school breakfast and summer food service outreach program. Said program or elements of said program shall be operated directly through the department or contracted out. (a) Said program shall be designed to: (i) increase the participation of low-income children in existing school breakfast programs and secondarily to encourage other schools to start a breakfast program. The target of said program is to bring the participation level of children who qualify for free or reduced price breakfasts under federal income eligibility guidelines to at least eighty-five percent of those eligible; (ii) increase the number of summer food service programs offered across the state, with particular emphasis on needy communities, and to ensure that at least eighty-five percent of the children eligible under federal income guidelines participate in these programs. (b) The school breakfast related outreach program activities shall include, but not be limited to: (i) development of an outreach campaign to promote the link between a nutritious breakfast and the ability to learn; to make the school breakfast program attractive to all children; and to create a positive picture of school as a basic source of breakfast for all income groups. The efforts should be particularly targeted toward communities with the highest need and should include outreach to linguistic minorities; (ii) technical assistance shall be provided and technical assistance materials shall be produced including, but not be limited to, facts and guidelines on United States Department of Agriculture requirements; ideas for increasing participation; ideas for safeguarding confidentiality; ways to involve parents and other members of the community; and suggestions for creative menus; and (iii) technical assistance shall be provided for the development of new and innovative proposals including a ''school breakfast period'' during existing school hours in schools in which a majority of children are program eligible, and a universal breakfast program in school systems with eighty percent of the students eligible. (c) The summer food service related outreach program activities shall include, but not be limited to: (i) an outreach effort to public schools, public entities and private non-profit agencies which would be eligible to provide the summer food services program. Said outreach shall include information and incentives to encourage eligible organizations to be local sponsors or meal preparation sites for the federal summer food service program; (ii) ongoing support and technical assistance shall be made available to existing programs year round to ensure that they continue to offer the program and to assist in increasing participation levels; (iii) reviewing and developing training methods and materials provided however that particular attention be given to providing appropriate training for first time sponsors; (iv) targeting communities and schools which have the highest percentage of program eligible children and establishing an order of descending priorities based on the percentage of program eligible children; provided, however, that there should be a concerted effort to outreach potential participants who are linguistic minorities; and (v) establishing start up grants not to exceed two thousand five hundred dollars to encourage the participation of first time summer food service sites. (d) In all activities of this school breakfast and summer food service outreach program, local communities shall be encouraged and assisted in maximizing the use of federal resources. (e) Said school breakfast and summer food service outreach program shall work to ensure that local programs are carried out in a manner which protects the confidentiality of those children receiving subsidized meals. (f) The commissioner shall submit a report to the clerk of the house of representatives who shall forward the same to the joint committee on education, arts and humanities on or before December thirty-first, nineteen hundred and ninety-four and on December thirty-first of each year thereafter. The report shall include, but not be limited to: the percentage of eligible children participating in school breakfast programs statewide during the previous school year; the amount of additional federal dollars brought into the state by all school breakfast and summer food service outreach program activities; the number of additional school breakfast and summer food service programs started in the preceding year; and the increase in participation in summer food services and school breakfast programs. (g) The commissioner of education, in consultation with the chairman of the board of higher education, shall direct the global education advisory council to explore international opportunities for learning, exchange programs and the availability of curriculum materials for students, teachers, administrators and educational policy makers. Said global education advisory council shall: (a) investigate and compile information concerning international education programs and opportunities. The council shall make recommendations to the commissioner on the expansion of international education programs and opportunities and shall consider ways to encourage participation in such programs. The council shall advise the department of education and the joint committee on education on international program opportunities and the availability of federal or nonprofit agency grants or other funding sources for such programs. The department shall provide information on international education opportunities to local and regional boards of education and to institutions of higher education; (b) develop guidelines and standards to aid local and regional school districts in the establishment of programs of international studies. Such guidelines and standards shall describe the essential components of a quality educational program incorporating international education concepts. The council shall submit such guidelines and standards to the department of education for review and approval; (c) develop criteria for what constitutes a sister school partnership program between a public school of this state and a foreign school. Such criteria shall provide a process for recognition of such partnership. The council shall submit such criteria to the department of education for review and approval; (d) advise the department of education on possible incentives to encourage the formation of partnerships that meet criteria established in accordance with the provisions of subsection (c). Such incentives may include, but need not be limited to, cooperation between sister partnership schools in teacher certification, student assessment programs and recognition of student course credit, participation in summer programs and in other areas where the state could recognize the value of the sister school partnership relationships with minimal cost; (e) conduct an assessment of current practices regarding international education in elementary and secondary public schools in the commonwealth. The global education advisory council's assessment of current practices shall include, but not be limited to, information gathering through public hearings.

M.G.L. c. 15, § 1I Elimination of racial imbalance; assistance in formulation of plans; effect of non-compliance; denial of state aid; transportation costs; equal education improvement fund; guidelines

c. 15, § 1I. Elimination of racial imbalance; assistance in formulation of plans; effect of non-compliance; denial of state aid; transportation costs; equal education improvement fund; guidelines Section 1I. The board of education, in this section called the board, shall provide technical and other assistance in the formulation of plans to reduce or eliminate racial imbalance to be filed as provided by section thirty-seven D of chapter seventy-one, may approve such plans if they meet the requirements of said section thirty-seven D, and shall provide technical and other assistance for the implementation of approved plans and mandatory plans. If a school committee or a regional district school committee has failed to file with the board a plan within the time limit established by regulation of the board as provided by said section thirty-seven D or has filed a plan which does not meet the requirements of said section thirty-seven D, the board shall consult with and, after a public hearing, make specific recommendations for such a plan, together with an explanation of how such recommendations meet the requirements of said section thirty-seven D, to such school committee or regional district school committee, and such school committee or regional district school committee may file a revised plan in response to such recommendations; provided, however, that if the board has not approved such a plan or its revision within four months after the time limit established by such regulation of the board for its filing, the board may order that its recommendations shall be the mandatory plan to be implemented by such school committee or regional district school committee to meet the requirements of said section thirty-seven D. Any such recommendations and any such mandatory plan may include any of the following measures, and no others, to meet the requirements of said section thirty-seven D: additions to existing school buildings, use of leased or portable facilities, and changes in use of school buildings. If, following the receipt of notification from the board that racial imbalance exists, any school committee or regional district school committee does not show progress within a reasonable time in reducing or eliminating racial imbalance in its schools as provided by said section thirty-seven D, the commissioner of education shall not certify the amount of state aid for such city or town or for such towns which are members of such regional school district, as required by section five of chapter seventy, and the board shall not approve any project for school construction for such city, town, or regional school district under chapter 70B and the commissioner of education may notify the commissioner of revenue and the comptroller to hold such funds as have been so certified under said section five but have not been disbursed. Thereafter, upon receipt by the board of plans acceptable to it and showing progress within a reasonable time in reducing or eliminating racial imbalance in its schools as provided by said section thirty-seven D, the commissioner of education may notify the commissioner of revenue and the comptroller to pay any such withheld funds to such city or town in such amounts and at such times as he may designate, and the board may approve such projects. The commonwealth shall, subject to appropriation and upon approval of the board, pay to a city, town, or regional district school committee one hundred percent of the cost of transportation of non-white pupils and minority pupils as defined in regulations promulgated under the federal Emergency School Aid Act, Public Law 92–318, as amended, transferred from schools in which racial imbalance exists and one hundred per cent of the cost of transportation of white pupils transferred from schools in which racial isolation exists to schools in which racial imbalance or racial balance exists for the purpose of reducing or eliminating racial imbalance as provided by said section thirty-seven D. The commonwealth shall, subject to appropriation and upon the approval of the board, also pay to a city, town or regional district school committee one hundred per cent of the cost of transportation of pupils for the purpose of reducing or eliminating an imbalance of minority students, as defined in regulations promulgated under the federal Emergency School Aid Act, Title VII of Public Law 92–318, as amended. The board of education shall designate and administer a separate ''Equal Education Improvement Fund'' for each city, town or regional school district participating under the provisions of the act, to be known as the (name of city, town or regional school district) Fund. The Commonwealth shall, subject to appropriation, pay into such fund, five hundred dollars for each non-white pupil transferred from a school in which racial imbalance exists to a school in which racial isolation or racial balance exists, and five hundred dollars for each white pupil transferred from a school in which racial isolation exists to a school in which racial imbalance or racial balance exists for the purpose of reducing or eliminating racial imbalance. The board shall establish guidelines by which the school committee of a city, town, or regional school district participating under the provisions of this act, may prepare and submit to the board for its approval, a plan(s) for a program(s) including an estimate of expenses necessary to implement such plan, to improve the quality of education in said city, town or regional school district. Upon approval of such plan or plans, the board shall designate that the amount needed for such plan be paid to the applying community from the Equal Education Improvement Fund of said city, town or regional school district. The board may add to such funds such monies as are appropriated therefor and pursuant to regulations promulgated thereto and as requested of the Department for the purposes of voluntary transfers of students under Chapter 15, for magnet school programs, for minority teacher and administrator recruitment and salary supplementation in the public schools, and for inservice teacher training projects.

M.G.L. c. 15, § 1J Judicial review of board's recommendations or revised plans; jurisdiction

c. 15, § 1J. Judicial review of board's recommendations or revised plans; jurisdiction Section 1J. Within thirty days after (1) a school committee or regional district school committee declines to accept the recommendations made to it by the board of education, in this section called the board, (2) the board disapproves a revised plan filed with it by a school committee or regional district school committee, or (3) the board orders that its recommendations shall be the mandatory plan to be implemented by a school committee or regional district school committee, such school committee or regional district school committee may file a petition for judicial review in the superior court for the county in which it is located or in the supreme judicial court for Suffolk county. The court may affirm such recommendations, disapproval, or order of the board and require compliance with such mandatory plan by appropriate order; or, if it finds and rules that such recommendations, disapproval, or order is (a) in excess of the statutory authority or jurisdiction of the board, (b) based upon an error of law, or (c) arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law, then it may set aside such recommendations, disapproval, or order and remand the matter to the board for further action. The supreme judicial and the superior court shall have jurisdiction in equity upon petition of the board of education to order funds withheld as provided in section one I for such period of time as the court may determine.

M.G.L. c. 15, § 1R School library and nonprint media services; funding

c. 15, § 1R. School library and nonprint media services; funding Section 1R. The board of education shall provide for the establishment of school library and nonprint media services, including: (1) the acquisition or rental of library and nonprint media materials, resources, and appropriate equipment. (2) supplementary library and nonprint media subprofessional personnel. (3) consultative services. Funds as may be appropriated shall be disbursed according to a formula established by the board which shall take into account the average expenditure over the immediately preceding five years by the local school committee for the library and nonprint media resources; the ratio of library and nonprint media center professional staff to pupil enrollment; the per pupil expenditures for said staff; and the current year school committee expenditure for library and nonprint media resources. In certifying school library and nonprint media programs eligible for aid, the board shall establish minimum standards for personnel, accessibility of resources, appropriateness of library and nonprint media services and the local budget support.

M.G.L. c. 15, § 15B Library center for visually-handicapped children

c. 15, § 15B. Library center for visually-handicapped children Section 15B. There shall be established in the division of special education a library center for the acquisition, maintenance and distribution of books and other material deemed essential to the proper instruction and training of visually-handicapped children.

M.G.L. c. 15, § 16 Teachers' retirement board; establishment; duties; membership

c. 15, § 16. Teachers' retirement board; establishment; duties; membership Section 16. There shall be a teachers' retirement board for the purpose of administering the teachers' retirement system established under the provisions of chapter 32. Such board shall consist of seven members as follows: the commissioner of education, or his designee, who shall be a member ex officio and who shall serve as chairman, the state treasurer, or his designee, the state auditor, or his designee, a fourth member who shall be appointed by the governor for a term of four years and who shall be a retired former public school teacher within the commonwealth, two members who shall be elected by the members in or retired from service of such system from among their number in such manner and for such term, not exceeding four years, as the commission shall determine, and a seventh member who shall be chosen by the other six for a term of four years. Future elections of the fifth and sixth members shall be held under the supervision of such retirement board and the terms of the fifth and sixth members shall be arranged so as not to expire in the year of expiration of the term of the seventh member. If a seventh member is not chosen by the other six members within 30 days after the expiration of the term of the seventh member, the governor shall appoint a seventh member for a term of four years. Each member of such retirement board shall continue to hold office until the expiration of his term and until the qualification of his successor. Upon the expiration of the term of office of any elected, chosen or appointed member or in case of a vacancy in either of said offices, a successor shall be elected, chosen or appointed as aforesaid for a four-year term or for the unexpired portion thereof, as the case may be, except that in no event shall the term of the seventh member expire in the same year as the term of either the fifth or sixth member.

M.G.L. c. 15, § 17 Member's reimbursement for expenses

c. 15, § 17. Member's reimbursement for expenses Section 17. The members of the teachers' retirement board shall serve without compensation, but they shall be reimbursed from the expense fund of the teachers' retirement system for any expense or loss of salary or wages which they may incur through service on the board. All claims for reimbursement on this account shall be subject to the approval of the governor and council.

M.G.L. c. 15, § 18 Executive director; salary; additional employees

c. 15, § 18. Executive director; salary; additional employees Section 18. The teachers' retirement board shall appoint and may remove an executive director and shall establish his salary. Subject to the approval of said board, the executive director shall employ other employees, prescribe their duties and fix their compensation; provided, however, that the salaries of said employees shall not exceed the sum annually approved therefor by said board. The provisions of sections nine A, forty-five, forty-six and forty-six C of chapter thirty, chapter thirty-one, and chapter one hundred and fifty E shall not apply to any employee of the board.

M.G.L. c. 15, § 18A Purchase of annuities or other investments

c. 15, § 18A. Purchase of annuities or other investments Section 18A. As used in this section, the words ''includible compensation'' and ''custodial account'' shall have the same meaning as in section 403(b) of the Internal Revenue Code of 1986, as amended; and the word ''premiums'' shall include contributions to a custodial account. The state board of education on behalf of any employee of the department of education, the board of higher education on behalf of any employee of said board on behalf of any employee of said council, the state universities or the community colleges, the board of trustees of the University of Massachusetts on behalf of any employee of said university, the boards of trustees of the Bristol county agricultural school, the Essex agricultural and technical institute and the Norfolk county agricultural school, on behalf of any employee at their respective schools, and the board or other body or officer of any other public educational institution maintained and operated by the commonwealth or by any county, on behalf of any employee thereof, may enter into a written agreement with any such employee to purchase an individual or group annuity contract or any other investment approved by the internal revenue service guidelines relative to section 403(b) of the Internal Revenue Code of 1986, as amended, for such employee; provided, however, that in no event shall the total of the premiums paid for the purchase of such annuity or other investment and such employee's includible compensation for any year exceed the total annual salary or compensation under the existing salary schedule for the job group applicable to such employee in such year. Such employee's rights in such annuity contract or other investment shall be nonforfeitable. Any such annuity contract shall be purchased only from an insurer authorized to issue life insurance or annuity contracts in the commonwealth; provided, however, that such board or other body or officer may agree with any employee or prospective employee who has an annuity contract in force for at least ninety days prior to the effective date of such agreement to continue to make premium payments under such contract subsequent to the effective date of such agreement, without regard to whether or not such contract has been issued by an insurer authorized to issue such contracts in the commonwealth, but in such case any subsequent contract shall be purchased only from an insurer authorized to issue life insurance or annuity contracts in the commonwealth. Upon execution of such an agreement, such board or other body or officer, shall forthwith give written notice thereof to the treasurer of the commonwealth or the county or to the appropriate payroll officer of such educational institution, as the case may be, and shall certify the amount and dates of premiums payable under the terms of such annuity contract or of the custodial agreement setting up the custodial account to hold such other investment; the name of the issuer of such annuity contract or the custodian of such custodial account; and the office to which such premium payments shall be made. Said treasurer or other payroll officer shall thereafter make such premium payments while said contract or custodial agreement is in force and such employee is actively employed by such board, and upon written notice duly given by such board or other body or officer, shall make any changes in the manner or amount of premium payments required under the terms of any subsequent agreement entered into by such employee and such board or other body or officer, and shall stop such premium payments when so notified by such board or other body or officer. The board of higher education may establish, administer and operate plans in accordance with section 403(b) of the Internal Revenue Code of 1986, as amended. Such plans shall be maintained for the exclusive benefit of plan participants and their beneficiaries. Eligible employees, as determined by each plan, may include employees of the executive office of education, the department of higher education, the department of elementary and secondary education, the department of early education and care, the state universities, the state community colleges and any other department identified by the secretary of education that meets the requirements of an eligible employer under said section 403(b). The sole source of contributions to the plans shall be employees' elective contributions. Where applicable and appropriate, the commonwealth shall remit such contributions to the provider selected by the participant from those providers identified by the board of higher education as plan providers. Plan providers identified by the board of higher education may offer annuity or custodial accounts meeting the requirements of said section 403(b). Investments of plan contributions shall be directed by the participant. The board of higher education may promulgate regulations governing the administration of and participation in the plans.

M.G.L. c. 15, § 52 Essential skills discretionary grant program; basic skills remediation programs; dropout prevention programs

c. 15, § 52. Essential skills discretionary grant program; basic skills remediation programs; dropout prevention programs Section 52. The board shall establish an essential skills discretionary grant program. The board may make grant awards to school districts with high concentrations of low income students, high concentrations of students deficient in basic skills, or high concentrations of students likely to drop out of school, as determined by the board for basic skills remediation programs or dropout prevention programs. The board shall primarily use the statewide basic skills test results in determining recipients of essential skills grants under this section for basic skills remediation programs. Basic skills remediation programs may provide supplemental instructional materials, additional teachers or teachers aides, counseling or guidance personnel, remedial instruction and tutoring, extended day tutorial programs, and enhanced instruction within the regular classroom and other classrooms to students in grades one through nine. Said board shall solicit proposals for the basic skills remediation program. Priority for such grants shall be given to individual districts containing one or more most-at-risk schools as defined by section forty-nine A which do not receive funding under chapter seventy A; provided, however, that the proposed program focuses on the most-at-risk schools. Applications shall include: a statement of need, of how funds will be targeted to students in need of basic skills remediation, and of how local efforts will be evaluated. School committees shall use the statewide basic skills test as part of their program evaluation but may use other criteria as well. Dropout prevention programs may include counseling programs to improve school discipline, work-study or cooperative education, alternative education part-time employment and school-to-work transition programs. The board shall solicit proposals for dropout prevention programs for students in grades seven to twelve, inclusive. Applications shall include a statement of need, program objectives and implementation, program evaluations, and proposed linkages with business, labor, higher education and other agencies. Proposals which provide matching funds from local, federal and private sources shall be given priority. Each school committee applying for funds for a dropout prevention program shall appoint an advisory council comprised of parents, teachers, administrators and representatives of business, labor, higher education and other community agencies. Council members shall be broadly representative of the racial and ethnic diversity of the commonwealth. The advisory council shall assist in the development of the application proposal and in program implementation. The board shall evaluate proposals, provide technical assistance. Programs and services provided under this section shall supplement, not supplant, programs and services provided under chapters seventy-one A, seventy-one B, and seventy-four. Seventy-five per cent of funds appropriated for the essential skills grant programs shall be allocated to the basic skills remediation programs, and twenty-five per cent of said funds shall be allocated to dropout prevention programs.

M.G.L. c. 15, § 55 REACH awards

c. 15, § 55. REACH awards Section 55. The board of education shall establish a program entitled Recognizing Educational Achievement, hereinafter referred to as REACH. The purpose of REACH shall be to recognize and reward public schools for noteworthy improvement and achievement in a variety of categories consistent with the goals for education established by the board of education. The board shall promulgate regulations for implementation of the program. Subject to appropriation in fiscal year nineteen hundred and eighty-nine, and in each year thereafter, the board shall award cash grants to elementary schools, secondary schools or to school districts which demonstrate significant improvement in any area of educational achievement, including but not be limited to, the following: (a) the increase in the percentage of students passing all three sections of the basic skills test; (b) the maintenance of at least a ninety-five per cent passing rate on all three sections of the basic skills test for no less than two successive years; (c) the number of students who previously failed any of the basic skills areas but who succeed in passing upon retesting in grades nine through twelve; (d) the increase, over the previous year, in the percentage of eligible school age children residing in the district and attending the public schools; (e) the decrease in the school's or the district's dropout rate; (f) the promotion of physical and emotional well-being and a positive school environment that fosters self-esteem; (g) the improvement of critical thinking and communication skills; (h) the recognition of the rights and responsibilities of citizenship in a democratic society; (i) the cultivation of shared values and mutual respect; (j) the appreciation of the arts and the encouragement of creative expression; (k) the understanding of history and the humanities; (l) the comprehension of mathematics, the sciences, and the uses of technology; (m) the mastery of foreign languages and interest in foreign cultures; (n) the development of occupational and vocational skills; and (o) the stimulation of desire for lifelong learning. Eligibility for REACH awards shall be defined in regulations for implementation of the program. Said regulations shall include, but not be limited to, provisions to ensure that achievement in one of the foregoing clauses occurs while maintaining appropriate achievement in other such clauses, and provisions to sanction schools or school districts which falsify data or results on which REACH awards are based. No school shall receive the financial portion of a REACH award in a school district in which (1) the educational portion of local expenditures has declined in any year since fiscal year nineteen hundred and eighty-six, or (2) where any school receiving a REACH award does not receive at least the average per pupil local budget support received by other schools of the same classification and grade level in the district, or (3) where the absolute level of financial support for the public schools in the city, town, or regional school district has decreased. No district shall receive the financial portion of a REACH award if the education portion of local expenditures has declined in any year since fiscal year nineteen hundred and eighty-six. In the case of a school district which fails to meet the aforementioned criteria, the board of education may also consider eligible those schools or districts in which the per pupil educational portion of local expenditures, adjusted for inflation and other factors, has not declined in any year since fiscal year nineteen hundred and eighty-six. REACH awards shall be in the amounts of not less than twenty-five thousand dollars for an elementary school, fifty thousand dollars for a secondary school, and one hundred thousand dollars for a school district. Distribution of school awards shall be by the school improvement council for efforts to improve the conditions of learning and teaching and to enhance the educational program, so long as such expenditures do not supplant regular school district expenditures, expenditures from state education programs, and current school operating costs, supplies, utilities, existing building and equipment maintenance, and existing staff salaries and wages. All decisions of the school improvement council regarding the expenditure of awards under this section shall be submitted to the school committee. Said expenditure decision may be vetoed by a majority recorded vote of said school committee. If no such vote is rendered by said committee within thirty days of receipt of said decision, it shall be deemed to be approved. Distribution of district awards shall be proposed by the superintendent and shall be approved by the school committee. REACH awards shall be deposited with the treasurer of the city, town, regional school district or independent vocational school in a separate account to be expended by the school improvement council for school awards or the superintendent for district awards without further appropriation. Indicators of student outcomes, based on data submitted to the board, shall be the primary determinant for awards under this section. The board may appoint distinguished panels of experts to review candidates and to make recommendations to the board for REACH awards and recognition.

M.G.L. c. 15, § 55A Office of school and district accountability

c. 15, § 55A. Office of school and district accountability Section 55A. In order to support the commissioner, department and board in fulfilling their duties under the provisions of chapter 69, including sections 1J and 1K, there shall be within the department an office of school and district accountability, hereinafter referred to as the office. The office shall provide a mechanism to review and report on the efforts of schools, charter schools and school districts, including regional school districts, to improve the academic achievement of their students and shall inform and assist the board and department in fulfilling their broader responsibilities to promote high levels of achievement in the schools and districts of the commonwealth. The office shall be under the direction and supervision of 1 individual who shall be appointed by the commissioner. This individual shall also be responsible for the direction and supervision of the targeted assistance and intervention efforts of the department under chapter 69, such assistance efforts as the commissioner deems necessary to correct deficiencies identified by the office and compliance with the accountability provisions of federal law. This individual shall ensure that the auditing and assistance functions of the department are aligned to promote collaboration and communication across the auditing and assistance functions. The office shall ensure that school and district review teams include experienced practitioners in the field of education, but no member shall have been previously or currently employed by the school, district or charter school being reviewed or so employed by a district, charter school or education collaborative serving a common student population with the school, district or charter school being reviewed. The office shall act as an auditing body objectively reviewing the results of educational measurements and tests conducted by or for the department in implementing chapter 71 of the acts of 1993. The office shall perform not less than 40 school district audits annually, not less than 75 per cent of which shall be in districts whose students achieve at low levels either in absolute terms or relative to districts that educate similar student populations. The remainder of the audits shall be divided equally among districts whose students achieve at high levels relative to districts that educate similar student populations and randomly selected districts. The office shall ensure that no school or district is audited during the administration of any statewide assessments, and shall coordinate with other entities in the department to ensure that a school or district is not subject to multiple comprehensive audits or reviews by the department or any accrediting body within a 9 month period unless the board specifically votes to do so on an emergency basis. The office shall have the following duties relative to school district audits: (1) objectively review the accuracy of the school and district reports by conducting or contracting for periodic program and fiscal audits as necessary; (2) undertake inspections of schools, charter schools and school districts, including regional school districts, to evaluate efforts to improve and support the quality of instruction and administration; (3) review the district's MCAS success plan, so-called, if any, submitted to the department pursuant to section 1I and evaluate the implementation of that plan; (4) review the district's implementation of any MCAS grants received to develop or enhance academic support services for students scoring in level 1 or 2; (5) evaluate the alignment of curriculum and professional development plans with the state curriculum and assessments; (6) review the progress of overall student achievement and; (7) evaluate student performance, school and district management, overall district governance and any other areas deemed necessary by the office. Such audits shall be in accordance with standards established by the board of elementary and secondary education, pursuant to section 1B of chapter 69. Following the school district audit, the office shall produce a comprehensive report detailing its findings and observations which the commissioner shall present to the board along with any recommendations for necessary action to be taken by the board. After the board's receipt of the report, the commissioner shall issue recommendations to districts not requiring further action pursuant to sections 1J and 1K of said chapter 69 relative to methods for improving any deficiencies identified by the office. The recommendations shall be transmitted to the reviewed district's superintendent and school committee within 90 days of the board's receipt of the report. The office shall support the commissioner and the board in carrying out their duties under sections 1J and 1K of chapter 69. Nothing in this section shall be construed as limiting the ability of the department to contract with individuals, external partners or other entities to support the assistance functions established by said sections 1J and 1K of said chapter 69. The office shall annually compile a report of best practices from the list of audits conducted that year and distribute the compiled list to all school districts in the commonwealth. For the purposes of any inspection or audit, the office shall have access to all necessary papers, vouchers, books and records pertaining to a school, including a charter school, a school district or a regional school district. In establishing protocols for the conduct of school or district audits, the office shall, to the extent practicable, minimize the administrative burden on schools and districts by using existing, recently compiled or readily available data sources. Schools, school districts and school personnel shall cooperate with the office for any inspection or audit conducted pursuant to this section including, but not limited to, participating in interviews and producing books and documents. Each school district, including regional school districts, and charter schools shall annually file with the office, on or before October 1, a copy of its current personnel contracts and collective bargaining agreements in a form and manner prescribed by the commissioner. The office shall ensure that any noncompliance with law, misfeasance or malfeasance shall be referred to the commissioner for appropriate action. The department shall transmit the office's findings, audit reports, recommendations and follow-up reports to the secretary of education, the board of elementary and secondary education, the attorney general and a local public library in the audited districts. The department shall report to the general court the results of its findings, audit reports, recommendations and follow-up reports and file such reports with the clerks of the house of representatives and the senate, who shall forward the same to the senate president, the speaker of the house of representatives, the joint committee on education and the house and senate committees on ways and means.

M.G.L. c. 15, § 57 Instructional materials grant program

c. 15, § 57. Instructional materials grant program Section 57. The board shall establish an instructional materials grant program to provide financial assistance to school districts for the purchase of textbooks, workbooks, audio-visual materials, library books and materials, laboratory kits, and other instructional materials. Grants shall be awarded to those districts in need of assistance as determined by the board following inventories of such materials conducted by the board from time to time. In awarding grants under this section, the board shall give priority to school districts receiving equal educational opportunity grants pursuant to chapter seventy A.

M.G.L. c. 15, § 58 Leadership academy; training for school principals and supervisory personnel

c. 15, § 58. Leadership academy; training for school principals and supervisory personnel Section 58. The board shall establish a unit designated as the leadership academy which shall provide training to school principals and other supervisory personnel. Such training shall include, but not be limited to: training in personnel evaluation methods, techniques for developing cooperative relationships with parents and community organizations, school based management skills and curriculum development.

M.G.L. c. 15, § 60 Reimbursement of costs to cities and towns

c. 15, § 60. Reimbursement of costs to cities and towns Section 60. The commissioner of administration shall convene a working committee made up of his own designee, a designee of the commissioner of education and a designee of the local government advisory committee to establish guidelines for purposes of reimbursing cities and towns for the reasonable costs associated with the implementation of sections forty-nine and fifty of this chapter and section thirty-eight of chapter seventy-one. Such guidelines shall be filed by the working committee with the house and senate committees on ways and means and shall become effective only upon approval by said committees. Reimbursements of costs made pursuant to such guidelines shall constitute complete satisfaction of the obligation of the commonwealth to assume such costs pursuant to any general or special law.

M.G.L. c. 15, § 63 Carnegie school grant program; establishment

c. 15, § 63. Carnegie school grant program; establishment Section 63. There is hereby established a Carnegie school grant program for the purpose of encouraging the public schools of the commonwealth to plan and develop innovative organization and management systems at the school building level, aimed at empowering public school professionals and improving student learning. The Carnegie school grant program shall encourage and support the development of management systems that provide increased autonomy and discretion for school-based professionals and shall encourage innovative organizational strategies to enhance student learning.

M.G.L. c. 15, § 64 Carnegie school grant program; definitions

c. 15, § 64. Carnegie school grant program; definitions Section 64. As used in sections sixty-three to sixty-five, inclusive, the following words shall have the following meanings:— ''Carnegie school'', an individual public school, including a school operated by an educational collaborative established under section four E of chapter forty, which operates pursuant to a system of governance set out in an approved Carnegie school plan. ''Carnegie school plan'', a comprehensive three-year strategy approved by the board of education which restructures the school building governance and educational environment, and empowers public school teachers and other professional staff by enabling them to participate in and design the public school governance and organization. Such plan may also include financial decisions on how Carnegie school grant funds are to be allocated at the school building level. ''Waiver'', a written agreement between the school-based planning team and an involved organization allowing exemptions from regulations, local school policies, or contractual provisions which, in the opinion of a school-based planning team, are necessary to implement the provisions of the Carnegie school plan. Said waiver may be approved by the board only when the board is convinced that the intent of existing rights and protections accorded to students is maintained or enhanced, and where there is reasonable promise of improved student achievement.

M.G.L. c. 15, § 65 Carnegie school grant awards; application; approval; deposit of funds

c. 15, § 65. Carnegie school grant awards; application; approval; deposit of funds Section 65. The board may award planning and implementation grants to individual public schools which apply for approval as Carnegie schools. In order to be eligible for approval as a Carnegie school an individual public school, subject to the approval of the school committees having jurisdiction over the public school, shall submit an application to the board, developed by a school-based planning team consisting of the building principal, at least five teachers elected by their peers and two other professionals employed at the school, two parents of children attending the school, chosen in elections held by the local parent-teacher organization under the direction of the principal of such school or, if none exists, chosen by the school committee; for school buildings containing any of the grades nine to twelve, inclusive, on secondary student attending said school building elected annually by the students of said grades, and one community representative. Each application shall set forth the plan for the proposed Carnegie school, and shall include a detailed description of how the school governance will be restructured; how increased student learning will be achieved; the school's goals, including a description of the process to be followed in obtaining necessary approvals from the school committee and waivers from the appropriate organizations; and the objectives to be accomplished in each of the three years covered by the plan. The application may also include the following: a description of the proposed means for restructuring the school's governance, educational climate and environment, a description of the impact that the restructuring will have on the professional lives of teachers and other professional staff, the impact on student learning, a description of the current school organization, a statement of program objectives, and procedures for evaluation of the program. In addition, the application shall include the names of the individuals comprising a development team which shall be responsible for implementation of the approved Carnegie school plan. Said team may include, but shall not be limited to school building teachers, administrators and other professionals, parents of children attending the school, representatives of the community, and school committee members. Once the plan is developed, the staff of the school shall be given the opportunity to sign the plan to indicate their support. An individual school whose Carnegie school plan has received initial approval by the board shall receive a one year planning grant for the purpose of assisting the school-based planning team in completing the planning necessary for full implementation of the Carnegie school plan. At the end of the period covered by the planning grant, the school shall submit its Carnegie school implementation plan to the board for final approval. Subject to the attainment of stated goals, the board may annually award grants for not more than three successive years for implementation and administration of Carnegie school plans. In each such year award of the implementation grant shall be subject to a determination by the board that the goals and objectives set forth in the approved Carnegie school plan have been achieved. No Carnegie school plan may be submitted for final approval by the board for implementation unless it is approved by majority vote of the school committee having jurisdiction over the individual public school. The department of education shall provide technical assistance to schools whose Carnegie school plans have received initial approval by the board. Notwithstanding any general or special law to the contrary, a school committee may approve the restructuring of school governance pursuant to a Carnegie school plan. Said approval shall be subject to obtaining the appropriate waivers. Grants awarded under this section shall be deposited with the town, city, collaborative, or regional district treasurer in a separate account to be expended without further appropriation by the Carnegie school development team pursuant to this section for the purposes authorized by the Carnegie school planning or implementation grants. This account may also be credited with funds received from any corporation, whether public or private; private individual; or from any government. No public school shall receive funds through the Carnegie school grant program if, (1) said school is within a city, town, or regional school district in which the share of local expenditures allocated to the support of the public schools has declined since fiscal year nineteen hundred and eighty-six, or (2) any schools receiving Carnegie school grants have received average per pupil support less than that received on average by other schools of the same classification and grade level in the district, or (3) the absolute level of financial support for the public schools in the city, town, or regional school district has decreased. In the case of a school district which fails to meet the aforementioned criteria, the board of education may also consider eligible those schools in which the per pupil educational portion of local expenditures, adjusted for inflation and other externalities, has not decreased in any year since fiscal year nineteen hundred and eighty-six.

M.G.L. c. 15, § 66 International education programs; school recognition; grants; partnership programs; exchanges of professional personnel and students

c. 15, § 66. International education programs; school recognition; grants; partnership programs; exchanges of professional personnel and students Section 66. (a) It shall be the policy of the commonwealth to encourage students, teachers, administrators and educational policy makers to participate in international studies, international exchange programs and other activities that advance cultural awareness and promote mutual understanding and respect for the citizens of other countries. (b) The department of education may recognize a school that meets the standards for international education programs developed by the global education advisory council. (c) The commissioner of education shall, annually, subject to appropriation, award grants not to exceed ten thousand dollars to local or regional school districts which operate schools recognized pursuant to this section. Such board shall use the funds to support the international education programs at such schools. (d) The department of education may recognize sister school partnership programs between public schools of the commonwealth and foreign schools. Within available appropriations, participation in such partnership programs shall allow foreign schools access to state programs of professional development and technical assistance programs under the same terms and conditions as for public schools of this state with reciprocity for participation in such programs. (e) Wherever possible, the department of education may promote exchanges of a limited number of professional personnel and students by state agencies and educational institutions, with institutions of other states and other countries and may pay the salaries of such personnel and may assign scholarships and grants-in-aid to such exchanges.

M.G.L. c. 15, § 11/2 Applicability of Sec. 2 of chapter 70 to this chapter

c. 15, § 11/2. Applicability of Sec. 2 of chapter 70 to this chapter Section 11/2. The definitions in section 2 of chapter 70 shall apply to this chapter.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter15Fetched: 10/20/2026