PUBLIC EDUCATION

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

in effect

M.G.L. c. 15A, § 1 Policy and goals

c. 15A, § 1. Policy and goals Section 1. It is hereby declared to be the policy of the commonwealth to provide, foster and support institutions of public higher education that are of the highest quality, responsive to the academic, technical and economic needs of the commonwealth and its citizens, and accountable to its citizens through lay boards, in the form of the board of higher education and the boards of trustees of each of the system's institutions. The board of higher education shall provide orientation, professional development and support for the boards of trustees in areas including, but not limited to, system-level initiatives, trustee accountability, recruitment and board responsibilities. It is hereby further declared that in pursuit of its stated goals, the system of public higher education will strive for excellence in its programming and strengthen the access of every individual in the commonwealth to educational opportunities. It is hereby further declared that by maintaining a high quality system of public colleges and universities, the commonwealth moves toward achieving the following goals:— (a) to provide its citizens with the opportunity to participate in academic and educational programs for their personal betterment and growth, as well as that of the entire citizenry; (b) to contribute to the existing base of research and knowledge in areas of general and special interest, for the benefit of our communities, our commonwealth and beyond; and (c) to understand the importance of higher education to the future of the economic growth and development of the commonwealth, and, by so doing, prepare its citizens to constitute a capable and innovative workforce to meet the economic needs of the commonwealth at all levels. The board of higher education, in this chapter called the board or the council, shall be responsible for defining the mission of and coordinating the state's system of higher education in accordance with the provisions of this chapter. The council shall work with boards of trustees to identify and define institutional missions, taking into account regional needs, as well as to define each institution's role within the greater system. Said institutional missions shall also relate to the mission the council shall identify for each category of institution within the system, including the University of Massachusetts, the state university, and community college segments. All mission statements shall be subject to review and approval by the secretary of education, in this chapter called the secretary. The council shall be responsible for publishing such mission statements, which shall be used for purposes of accountability, efficiency, and focus. The board shall work in conjunction with boards of trustees to hold the system accountable for achieving its goals and establishing a comprehensive system to measure quality by defining educational achievement and success with the use of standards and measurements. The council shall encourage an economical and effective use of the resources of the commonwealth with particular emphasis upon the development of regional and local consortia and related co-operative arrangements by and between public and independent institutions of higher education. The board shall,, work to coordinate its activities within a framework of an integrated public education system extending from early childhood programs through the university level, to promote coordination and greater benefits to students. The council shall also encourage collaboration between educational institutions and business and industry in order to promote employment opportunities and educational improvements. In achieving these ends the council shall foster decision-making close to the actual learning environment. The council shall encourage participation in that process by students, faculty, and the general public in an effort to create and maintain a system of higher education which provides the cultural, economic and personal growth opportunities to enrich and empower the lives of the people of this commonwealth.

M.G.L. c. 15A, § 3A Statewide educational technology plan; goals; development and implementation

c. 15A, § 3A. Statewide educational technology plan; goals; development and implementation Section 3A. A statewide educational technology plan, to be known as Massachusetts education-on-line, shall be developed by the Massachusetts corporation for educational telecommunication, hereinafter referred to as MCET. Said educational technology plan shall incorporate the following goals: (a) the implementation and integration of technology into teaching and learning in public schools, including, but not limited to, the establishment of a statewide telecommunications and technology link among public college and university campuses and school districts through the use of computer and communications technology; (b) the facilitation of the implementation of a statewide professional development plan for teachers, principals, and superintendents using distance learning in coordination with the commissioner of education; and, (c) the increased involvement of parents, guardians, mentors or other volunteers with their students' education by utilization of distance learning. For the purposes of this section, said educational technology plan shall be broadly construed to include, but not be limited to, programs, courses, and capital expenditures including computer hardware and software, networks, television, satellite transmissions, fiber optics cable, calculators and video and audio tapes. Subject to appropriation, MCET may provide grants to universities, colleges, schools and school districts for the purposes of purchasing the equipment and other materials necessary for the implementation of said educational technology plan. The MCET executive director, in consultation with the secretary and the board of education and the board of higher education, may establish such advisory groups or committees as he deems necessary for the development and implementation of said educational technology plan.

M.G.L. c. 15A, § 4 Board of higher education; membership

c. 15A, § 4. Board of higher education; membership Section 4. (a) The board of higher education, hereinafter referred to in this chapter as the council or the board, shall be composed of 13 voting members, consisting of the secretary of education, ex officio, or her designee, 9 members appointed by the governor reflecting regional geographic representation, and 3 members chosen to represent public institutions of higher education. Of the appointed members, at least 1 shall be a representative of organized labor, at least 1 shall be a representative of the business community, and 1 shall be a member whom the governor shall choose from among not more than 3 undergraduate students who shall be nominated, and who are currently enrolled in a public institution set forth in section 5. Nominated students shall have maintained satisfactory academic progress as determined by the policy of the institution at which such student is enrolled. Nominations shall be submitted by student members of the board of trustees for each such institution who, for the purpose of this section, shall be referred to as the student advisory committee. Such nominations may include, but not be limited to, students elected as trustees in accordance with the provisions of section 21. Of the 3 members chosen to represent public institutions of higher education, 1 shall be a member of the board of trustees of the University of Massachusetts as voted by the board of trustees for the university, 1 shall be a member of a board of trustees of a state university chosen by vote of the chairs of the boards of trustees of each of the state universities, and 1 shall be a member of a board of trustees of a community college chosen by vote of the chairs of the boards of trustees of each of the community colleges. (b) Three of the board members appointed by the governor shall be appointed for terms that are coterminous with that of the governor. The secretary shall serve on the board while she holds the position of secretary. The remaining members of the board shall be appointed to serve terms of 5–years; provided, however, that an undergraduate student member shall be appointed annually to serve a 1–year term commencing initially upon appointment by the governor and expiring on June 30 and, each year thereafter, commencing on July 1 and expiring on June 30 as long as the member remains an eligible undergraduate student during the member's 1–year term. Within 3 consecutive years, the student appointee shall in the first year be a student attending the state university, in the second year, shall be a student attending a community college and, in the third year, shall be a student attending a state college. This cycle shall repeat. Each of the student government associations at each of the public institutions may submit to the student advisory committee an individual nominated to be the undergraduate student member of the board. All guidelines for procedures and deadlines for the selection process of the undergraduate board members shall be established by the student advisory committee, except as provided in this section. No member shall be appointed for more than 2 consecutive full terms, except that a student member may serve for only 1 term. Service for a term of less than 3 years, resulting from an initial appointment or an appointment for the remainder of an unexpired term, shall not be counted as a full term. Upon expiration of the term of office of a member, a successor shall be appointed in like manner. A vacancy shall be filled by the governor for the remainder of the term, except that if a member chosen to represent the public institutions of higher education ceases to be a member, the resultant vacancy shall be filled for the remainder of the term by the chairs of the boards of trustees of the public institutions in the same manner as in paragraph (a). Vacancies shall be filled consistent with the requirements of section 10 of chapter 30. The chairperson of the board, who shall be appointed by the governor, shall notify the governor whenever a vacancy exists. The board shall have an executive committee and such other committees as the board may from time to time establish. (c) The members of the board shall serve without compensation but shall be reimbursed for all expenses reasonably incurred in the performance of their duties. (d) No member of the board shall be principally employed within the public higher education system of the commonwealth. Not more than one third of the members shall be principally employed by the commonwealth. Members of the board who are employed on a full-time basis by the commonwealth shall be ineligible to serve as chairperson. A member of the board shall cease to be a member if such member ceases to be qualified for appointment or if he is absent from 4 regularly scheduled meetings during an academic year. (e) A person affiliated with an independent institution of higher education shall be eligible for membership on the board. No member of the board shall be found to be in violation of section 6 of chapter 268A for conduct which involves his participation, as a member of the board, in a particular matter before the board which may affect the financial interest of an independent institution of higher education with which he is affiliated; provided, however, that the member, his immediate family or partner has no personal and direct financial interest in the particular matter; and provided further, that such affiliation is disclosed to the board and recorded in the minutes of the board. (f) The board shall meet 6 times per year, and at least once every 2 months, omitting meetings in the months of July and August; the chair may call additional meetings at other times. (g) Seven members of the board shall constitute a quorum and the affirmative vote of 7 members shall be necessary for any action taken by the board. (h) All members of the board appointed by the governor shall be appointed according to section 18B of chapter 6.

M.G.L. c. 15A, § 5 Public institutions of higher education system

c. 15A, § 5. Public institutions of higher education system Section 5. There shall be, for the purposes of this chapter, a system of public institutions of higher education, hereinafter called the system, which shall consist of the following segments: (i) the university of Massachusetts segment, which shall consist of the University of Massachusetts at Amherst, Boston, Dartmouth, Lowell and Worcester; (ii) the state university segment, which shall consist of Bridgewater State University, Fitchburg State University, Framingham State University, the Massachusetts College of Art and Design, the Massachusetts Maritime Academy, the Massachusetts College of Liberal Arts, Salem State University, Westfield State University and Worcester State University; and (iii) the community college segment, which shall consist of Berkshire Community College, Bristol Community College, Bunker Hill Community College, Cape Cod Community College, Greenfield Community College, Holyoke Community College, Massachusetts Bay Community College, Massasoit Community College, Middlesex Community College, Mount Wachusett Community College, Northern Essex Community College, North Shore Community College, Quinsigamond Community College, Roxbury Community College and Springfield Technical Community College. The board shall coordinate activities among the public institutions of higher education and shall engage in advocacy on their behalf, which advocacy shall include a sustained program to inform the public of the needs, importance, and accomplishments of the public institutions of higher education in the commonwealth.

M.G.L. c. 15A, § 5A Governor Foster Furcolo Community Colleges

c. 15A, § 5A. Governor Foster Furcolo Community Colleges Section 5A. For the purposes of this chapter, those community colleges within the system of public institutions of higher education established in section 5 shall collectively be known as the Governor Foster Furcolo Community Colleges.

M.G.L. c. 15A, § 5B No cost community college program

c. 15A, § 5B. No cost community college program Section 5B. (a) There shall be a community college program to provide an approved certificate or associate degree offered by a community college segment under section 5 of chapter 15A. The program shall be available at no cost to students who: (i) are enrolled in and pursuing a program of higher education at a public community college in the commonwealth; (ii) have completed a free application for federal student aid or an equivalent application for state-funded financial assistance; provided, however, that if the individual is not a citizen or legal permanent resident of the United States, the application for financial assistance shall be submitted with an affidavit signed under the pains and penalties of perjury stating that the individual has applied for citizenship or legal permanent residence or will apply for citizenship or legal permanent residence in accordance with federal statute and federal regulations within 120 days of eligibility for such status; (iii) are enrolled in not less than 6 credits; and (iv) have not earned a prior baccalaureate degree or an equivalent certification. (b)(1) A student attending a community college pursuant to paragraph (a) shall not be responsible for the cost of tuition and mandatory fees, subject to appropriation under subsection (c). (2) A student whose household income is at or below 125 per cent of state median income, or other income level established by the department, shall be granted an allowance for books, supplies and other expenses related to attending a community college program pursuant to paragraph (a); provided, however, that said allowance shall not preclude students from receiving assistance through state-funded financial assistance including, but not limited to, MassGrant or MassGrant Plus, subject to any regulations promulgated under this section. The department shall establish guidelines for the purposes of determining eligibility for tuition, fees and such allowance. (c)(1) Subject to appropriation, after calculating a student's financial aid, any remaining tuition, fees and allowances for students eligible under subsections (a) or (b) shall be funded by the commonwealth; provided, however, that a community college shall not increase tuition and fees annually more than the lesser of: (i) the ratio of the value of the implicit price deflator for state and local government purchases in the third quarter of the prior fiscal year to its value in the third quarter of the fiscal year 2 years prior; and (ii) 1.045. (2) The department, in consultation with the community colleges and other relevant stakeholders, shall develop a performance-based or outcomes-based formula for the purpose of distributing a portion of the annual state appropriation to community colleges. The department, in consultation with the community colleges and relevant stakeholders, shall revise the formula not less than every 6 years. (d) Each community college shall provide the department with data the department deems necessary to implement this section, including, but not limited to, quarterly reports on costs incurred, delineated by expenditure type and student enrollment. (e) The department may issue rules or regulations to implement this section.

M.G.L. c. 15A, § 6 Department of higher education; Commissioner; other employees; appointments; salaries; powers and duties

c. 15A, § 6. Department of higher education; Commissioner; other employees; appointments; salaries; powers and duties Section 6. DEPARTMENT OF HIGHER EDUCATION; COMMISSIONER; OTHER EMPLOYEES; APPOINTMENT; SALARIES; POWERS AND DUTIES There shall be within the executive office of education a department of higher education, in this chapter called the department. The council shall, whenever a vacancy may occur, by a two-thirds vote of all its voting members, submit to the secretary, for the secretary's approval, a recommended candidate to serve as the commissioner of higher education, in this chapter called the commissioner. The secretary may appoint the recommended candidate as commissioner. If the secretary declines to appoint the candidate, the council shall submit a new candidate for consideration. The secretary may appoint the commissioner only from candidates submitted to the secretary by the council. The commissioner shall be the executive and administrative head of the department. The commissioner shall serve at the pleasure of the council and may be removed by a majority vote of all its members. The commissioner shall not be subject to chapter 31 or to section 9A of chapter 30. The commissioner shall be the secretary to the council and its chief executive officer and the chief school officer for higher education. The commissioner shall be responsible for carrying out the policies established by the council. The council 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 any such powers or duties delegated with the full authority of the council in any matter concerning the system of public institutions of higher education subject to the direction and approval of the council. The commissioner shall devote her full time during business hours to the duties of her office and shall, subject to appropriation, receive such salary as the council may determine. The commissioner may, subject to appropriation, appoint such other employees as she deems necessary to carry out her duties and responsibilities, shall be provided with adequate offices, and may expend sums for other necessary expenses of the department.

M.G.L. c. 15A, § 7 Mission statements; development, approval and adoption

c. 15A, § 7. Mission statements; development, approval and adoption Section 7. With regard to the overall system of public higher education, and each of the three segments of the system, as defined in section 5, the council shall develop and submit mission statements for review and approval by the secretary. Said segmental mission statements shall include, but not be limited to, the goals and purpose of each type of institution within the system and how they relate to each other in fulfilling the mission of the entire system. The board of trustees of the university of Massachusetts, shall develop and submit to the secretary and the council mission statements for the university and each of its campuses. The board of trustees of each state university and community college shall develop and submit to the secretary and the council a mission statement for each such institution. All institutional mission statements, as developed and submitted by boards of trustees, shall be subject to approval by the secretary, in consultation with the council. Said approval shall take into consideration how well the institution's mission statement correlates with the mission statements as set forth in the preceding paragraph. The council shall be responsible for making public said mission statements. The secretary, in consultation with the council, may, as she deems necessary, undertake or cause to be undertaken revisions of said statements. The board of trustees of a state university or community college with the potential to expand its mission, profile, and orientation to a more regional or national focus may submit to the secretary and the board of higher education a five-year plan embracing an entrepreneurial model which leverages that potential in order to achieve higher levels of excellence. Such plans shall include, but not be limited to, budget and enrollment projections for each year, projections for total student charges for each year, projections for in-state and out-of-state enrollments for each year, and plans to insure continuing access to the institution by residents of the commonwealth and affirmative action policies and programs that affirm the need for and a commitment to maintaining and increasing access for economically disadvantaged and minority students. Said proposal, upon its receipt, shall be transmitted to the secretary of administration and finance, the chairs of the house and senate committees on ways and means, and the house and senate chairs of the joint committee on higher education. The secretary, in consultation with the council, shall have the authority to approve, reject, or propose amendments to said plan. Proposed amendments shall be returned to the institutions's board of trustees. If the board of trustees approves said amendments, the plan shall be considered adopted. If the institution's board of trustees rejects the proposed changes, it may submit a redrafted plan, which will be treated as a new plan under the provisions of this section.

M.G.L. c. 15A, § 7A Board of higher education; performance measurement system

c. 15A, § 7A. Board of higher education; performance measurement system Section 7A. (a) In order to promote accountability for effective management and stewardship of public funds and to achieve and demonstrate measurable educational outcomes, the institutions shall certify achievement of public higher education accountability objectives through a performance measurement system. The board of higher education, in this section called the board, in consultation with the institutions and the secretary, shall develop the system, including specific performance measures, with which to evaluate the institutions and with which to compare them with peer institutions with similar missions in other states. The board may conduct regional public hearings on the measures proposed to be incorporated into the system. (b) The board, in consultation with the presidents of the state universities and community colleges, shall identify peer institutions for the state universities and community colleges. The higher education accountability objectives shall include, but not be limited to, the following: (1) making public higher education more affordable; (2) improving student access and academic achievement; (3) recruiting qualified students; (4) responding to specific needs of the workplace, as defined by business and labor; (5) providing policy research addressing the needs of the commonwealth and local communities; (6) ensuring cost-effective use of resources at each institution and across all institutions, and manage campuses as efficiently as possible; (7) promoting collaboration among the campuses and with the private sector; (8) supporting early childhood to grade 12 education programs; and (9) maximizing fundraising from private sources. (c) In order to measure the achievements and expected outcomes of the commonwealth's system of public higher education, the board shall form separate task forces for the state university and community college segments consisting of presidents or their appointees and members of boards of trustees of the institutions. (d) For each of the accountability objectives, the board, in consultation with each task force, shall establish and annually evaluate intelligible performance measures and identify data items that shall be obtained for each performance measure. Data shall be collected and analyzed on a campus, segmental and systemwide basis; provided, however, the board in consultation with the campuses shall establish definitions for all data items used in the performance measurement system. (e) In order to achieve the accountability objectives of cost-effective use of resources and efficient fiscal management of the institutions, each task force shall match or improve upon standards established by National Association of College and University Business Officers. The performance measurement system shall be regularly evaluated and revised by the board in consultation with the institutions and the secretary to ensure that it continues to measure the achievements and expected outcomes of the commonwealth's public higher education system. Accountability objectives, performance measures and data items shall be submitted to the house and senate committees on ways and means and the joint committee on higher education. (f) The board shall use accountability objectives, performance measures and each institution's mission implementation plan to conduct annual evaluations of the performance of each institution. If an institution fails to meet a reasonable number of the accountability objectives, as determined by the performance measures, within a given year, the institution's board of trustees shall develop and implement a performance improvement plan and timetable to be approved by the board of higher education. Each plan shall be submitted to the house and senate committees on ways and means and the joint committee on higher education. If the institution fails to achieve the agreed to targeted improvements and timeline, funds appropriated for the institution in the following fiscal year shall be disbursed by the board of higher education to the institution's board of trustees subject to the board's approval. The board shall not be prevented from amending the institutional allocation of any such institution. (g) Not later than January 1 of each year, the commissioner of higher education shall submit to the governor and the general court a condition of higher education report which details the condition and performance of each public higher education institution. (h) The commissioner shall structure her staff and financial resources to provide technical assistance to institutions to help them identify problems and assist them with formulating and implementing plans to meet the accountability measures. (i) The board of trustees of the University of Massachusetts shall develop a performance measurement system for the university, in consultation with the secretary and the board of higher education. The objectives of the performance measurement system shall be: (1) to promote student access and affordability; (2) to recruit qualified undergraduate and graduate students; (3) to promote student success; (4) to pursue theoretical and applied research, scholarship and creative activity; (5) to contribute to the economic development of the commonwealth; (6) to support early childhood to grade 12 education programs; (7) to provide policy research addressing the needs of the commonwealth and local communities; (8) to ensure cost-effective use of resources; and (9) to maximize fundraising from private sources. The system shall include performance indicators for each of these purposes and identify data to be used in measuring performance. The board of trustees shall compare institutional performance with the performance of peer institutions with similar missions as part of its evaluation process. (j) The university, in consultation with the secretary, shall adopt an implementation plan and timetable for meeting performance measures established by the system. The board of trustees shall report annually to the secretary, the governor and the general court on the results of the performance measurement system, including recommendations for improvements to the system and for achieving improved levels of performance where necessary.

M.G.L. c. 15A, § 9 Powers and duties of council

c. 15A, § 9. Powers and duties of council Section 9. The council shall have the following duties and powers:— (a) confer upon the boards of trustees the power to offer degree programs after taking into account, among other things, the need, resources and mission of the institution. The council shall confer the authority to award degrees to persons who have satisfactorily completed degree requirements; (b) in addition to the degrees authorized to be awarded under clause (a), the council may approve the awarding of certain other degrees and may define and authorize new functions or new programs, or consolidate, discontinue or transfer existing functions, educational activities and programs. The council shall act in writing on requests for program approval from boards of trustees within six months of said request, or said program shall be considered approved. The council may, after a public hearing and submission of a written report to the clerks of the house of representatives and the senate, by a two-thirds vote of the full membership of the council, recommend to the secretary to consolidate, discontinue, or transfer divisions, schools, stations, branches or institutions as the council deems advisable. If, in the opinion of the council, a college campus should be closed or consolidated, the council shall make that recommendation to the secretary and the secretary, if she approves the closure recommendation, shall submit such proposal to the secretary of administration and finance, the house and senate chairs of the joint committee on higher education, and the chairs of the house and senate ways and means committees. The joint committee on higher education may, within 30 days of the receipt of a proposal, hold a public hearing on its merits. The council shall not close a college without the authorization of the secretary and the general court; (c) analyze the present and future goals, needs and requirements of public higher education in the commonwealth and establish overall goals in order to achieve a well-coordinated quality system of public higher education in the commonwealth. Such analysis shall include, but not be limited to, an analysis of state and local labor market trends and the economic development plans of the commonwealth conducted in cooperation with the secretary of labor and workforce development, the secretary of economic development, and their respective staffs; (d) develop mission statements as defined in section seven; (e) review institutional mission statements, pursuant to section seven; (f) subject to the secretary's approval prepare a five year master plan for public higher education in the commonwealth, which plan shall take into account the analysis mandated in clause (c) and the five year plans submitted by individual boards of trustees. The master plan shall include, but need not be limited to, enrollment projections, utilization of existing facilities, promotion of research, programmatic excellence, and public service activities, recommendations for closing of facilities or the construction or acquisition of new facilities, program distribution and the need for program revision, including the termination of obsolete or unnecessarily duplicative programs. The master plan shall be filed with the clerk of the house of representatives, the clerk of the senate and the secretary of administration and finance; (g) annually file a detailed progress report on the five year master plan with said clerks and secretaries by the first Wednesday in September; (h) require boards of trustees to submit admission standards and program standards, which shall be subject to the disapproval of the council; provided, however, that said admission standards shall comply with the provisions of section thirty and that the council shall publish all admission and program standards; (i) develop a rational and equitable statewide tuition plan for the state universities and the community colleges in the commonwealth, which plan shall take into account by type of institution, the per student maintenance costs and total mandated costs per student. The total mandated costs per student shall include the state appropriation, retained revenue, fringe benefits and ongoing maintenance. Said tuition plans shall include direct and indirect elements of the per student maintenance costs, including but not limited to, faculty and administrators that support an institution's primary mission of instruction; student admission services, and ongoing maintenance for classrooms, administrative buildings, libraries and laboratories. Said tuition plan shall include revised retention expenditure regulations which take into account the needs of said institutions with regard to personnel and utility costs. Said tuition plan shall further take into account the need to maximize student access to higher education regardless of a student's financial circumstances. The council shall issue regulations governing the implementation of such tuition plans by the state universities and the community colleges. Tuition rates shall be subject to the approval of the council; provided, however, that tuition rates at the University of Massachusetts shall be subject to section 1B of chapter 75 and shall not require the approval of the council. The council shall establish final tuition rates for the subsequent academic years no later than fifteen days prior to the deadline for submission of state or federal financial aid applications by students attending the institutions of higher education set forth in section five. The council shall establish guidelines to be followed by each state university and community college relative to student charges and whether said charges should be classified as tuition or as fees. Said guidelines shall be based upon a study of tuition and fees which shall be conducted by the council, and which shall be authorized by statute; provided, that fees as defined by said guidelines, shall not exceed twenty-five percent of total student charges for the state colleges and the community colleges. (j) receive allotments to the commonwealth under federal programs of aid to public higher education and disburse such funds in accordance with a plan promulgated by the council, not to include grants to individuals or grants received directly by institutions; (k) review enrollment levels for each institution of the system subject to disapproval of the council; (l) require each institution in the system to submit to the council and the secretary a 5–year plan, which plan shall be updated annually and shall be subject to the secretary's approval, in consultation with the council; (m) have overall responsibility for the property, real and personal, occupied or owned by the council, state universities and community colleges; (n) subject to its direction and approval, authorize the commissioner to seek, accept and administer grants, gifts and trusts for system-wide purposes from private foundations, corporations, individuals and federal agencies, which shall be administered under the provisions of section two C of chapter twenty-nine of the General Laws and disbursed at the direction of the council pursuant to its authority; (o) from time to time, employ consultants and experts to study and report on matters necessary to the operation of the system; (p) maintain a uniform accounting system as required by the state comptroller; (q) approve and fix the compensation of the chief executive officer of each institution within the state university system and community college system; (r) review annually, in accordance with post-audit procedures established by the council, the fiscal operations of constituent institutions. The council shall insure public inspections, through publication, of institutional spending plans; (s) require, collect, analyze, maintain such data from institutions and agencies for public higher education as may be relevant to the careful and responsible discharge of its purposes, functions and duties and such data shall include information available from private institutions of higher education. In the case of public institutions, such data shall include, but not be limited to, analyses of the rates of graduation and the scores received by students on standardized examinations. In order to facilitate the timely use of such data, the board shall, in consultation with the public institutions of higher education, establish a schedule for submission of the data. The council shall publish said analyses, both for the system and for individual institutions. (t) issue regulations defining resident of the commonwealth and proof of the same for the purpose of admission and tuition expenses of public institutions of higher education and prepare uniform proofs of residence to be used by all public institutions; provided, however, that insofar as the Massachusetts Maritime Academy is designated a regional maritime academy by the United States Maritime Administration, residents of the states comprising the designated region and attending the Massachusetts Maritime Academy shall be considered Massachusetts residents for the purposes of admission and tuition; and provided further, that a person who is: (i) a member of the armed forces of the United States and stationed in the commonwealth on active duty pursuant to military orders; (ii) the spouse of a person who is a member of the armed forces of the United States and stationed in the commonwealth pursuant to military orders; or (iii) an unemancipated person whose parent or guardian is a member of the armed forces of the United States and stationed in the commonwealth pursuant to military orders, shall be considered a Massachusetts resident for the purposes of admission and tuition; (u) establish, where appropriate, coordination between and among post-secondary institutions public or private and resolve conflicts of policies or operations arising in public higher education; (v) develop and implement a transfer compact for the purpose of facilitating and fostering the transfer of students without the loss of academic credit or standing from one public institution to another; (w) establish an affirmative action policy and implement a program necessary to assure conformance with such policy throughout the system; (x) in the case of state universities, fix the classification, title, salary range within the general salary schedule and descriptive job specifications for each position shall be determined by the council for each member of the professional staff and copies thereof shall be placed on file with the governor, budget director, personnel administrator and the joint committee on ways and means, except that any such salary may be fixed at any amount not less than the minimum salary nor more than the maximum salary shown in said schedule; provided, however, the council may establish the salary for the chief executive officer and such other officers and members of the professional staff and for the academic deans and members of the professional teaching staff without reference to the general salary schedule and salary range; and, provided further, that no such salary shall be established for any academic dean or any member of the professional teaching staff unless his classification rating is equal to or higher than that of professor, nor shall the number of academic deans and members of the professional teaching staff whose salaries may be so established exceed one percent of the combined total number of academic deans and members of the professional teaching staff. A notification of each personnel action taken shall be filed by the council with the personnel administrator and with the comptroller; (y) in the case of community colleges, fix the classification, title, salary range of each member of the professional staff within the general salary schedule, except that any such salary may be fixed at any amount not less than the minimum salary nor more than the maximum salary shown in said schedule; provided, however, that the council may fix the salary and salary range for the chief executive officer of each individual community college and other officers and members of the professional staff of the community college system not exceeding in number one percent of the total number of such other officers and members of the professional staff taken together in the community college system, without reference to the general salary schedule; and provided further, that no such salary shall be fixed for any such member classed within the one percent unless he holds a position equivalent to or higher than the rank of professor; (z) recognize the duly elected student government association at each public institution of higher education as the official representative of the student body; (aa) submit a written application of HEFA requesting that said authority undertake a project, as defined in section three of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, on behalf of one or more public institutions for higher education, as so defined; provided, however, that the council shall only make such application for a project on behalf of the public university if such project is approved by the board of trustees of the public university; (bb) transfer or pledge that they will periodically transfer to HEFA any funds available for expenditure by the council, in order to provide for the expenses of HEFA and for the payment of indebtedness incurred by HEFA in connection with any project financed by HEFA on behalf of the council, one or more public institutions of higher education, their affiliated building authorities, or any other organization affiliated therewith, as defined in paragraph (e) of said section three of said chapter six hundred and fourteen; provided, however, that in the case of any funds expected to be available for expenditure by the council or such other entities pursuant to subsequent appropriation or other spending authorization by the legislature, the council may only pledge that they will so transfer such funds subject to such subsequent appropriation or other spending authorization. Any such pledge shall be valid and binding from the time when the pledge is made; the funds so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the council or any such public institution of higher education, affiliated building authority, or other organization affiliated therewith, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which such a pledge is created need be filed or recorded except in the records of HEFA; (cc) administer a program, without further appropriation, to provide no-interest loans to undergraduate students domiciled in the commonwealth, enrolled in and pursuing a program of higher education in the commonwealth in any approved public or independent college, scientific or technical institution, or any other approved institution furnishing a program of higher education. Such assistance shall consist of full or partial loans to students in need of assistance. Repayment shall commence within six months of graduation or termination of studies; provided, that no repayment schedule shall exceed a term of ten years. Monies received in repayment shall be retained by the council to provide the no interest loans and to provide for the administration of the programs without further appropriation; provided, however, that not more than $775,000 of the monies shall be expended annually for the administration of the program. The Massachusetts state scholarship office shall establish guidelines to govern said program which shall include, but not be limited to, eligibility requirements for students, eligibility requirements for participating institutions, terms of payment, deferment options, provisions for default, and a maximum loan award as determined by an indexing system; (dd) to develop funding formulas for state and community colleges pursuant to section 15B of this chapter; (ee) to develop a standardized form for reporting institutional expenditures, and for the submission of institutional spending plans pursuant to subparagraph (m) of the first paragraph of section 22 of this chapter; (ff) to approve the expansion of campus missions to embrace specialized missions, expanded regional or national outreach, or a more entrepreneurial model of service delivery pursuant to section 7 and subparagraph (p) of the first paragraph of section 22 of this chapter; (gg) develop a system to track students who transfer out of public institutions of higher education in order to improve data on what degrees, if any, those students earn from other institutions of higher education. Notwithstanding the provisions of any general or special law to the contrary, the board of higher education shall have authority to approve degree programs offered by institutions of higher education; provided, however, that any other licensing body approving specific course offerings required as components of such degree programs under said licensing body's licensing authority shall not have any other authority over course offerings which are not required for licensure. Whenever a public institution of higher education in the commonwealth requests a tuition rate and charges reduction for residents of bordering states, the board may approve such tuition reduction to not less than one-and-one-half times the resident tuition rate. Prior to the approval of any such tuition adjustment, the board shall promulgate regulations based upon an evaluation that yields the following conclusions: such institution is below enrollment capacity and the projected cost to the commonwealth of such tuition reduction would be minimal when taking into account projected enrollment growth associated with such adjustment. Not less than 30 days prior to the promulgation of such regulations, the board shall report the findings of such evaluation, including a fiscal impact analysis, to the house and senate committees on ways and means and the joint committee on higher education. The board shall seek reciprocal arrangements from bordering states where no such tuition reduction is available for Massachusetts residents. Notwithstanding any general or special law to the contrary, the board of higher education shall have the authority to enter into interstate reciprocity agreements that authorize an accredited, degree-granting institution of higher education located in the commonwealth to voluntarily participate in such an agreement and to provide distance education programs to students in other states in accordance with the agreement. The authority granted by this paragraph shall apply only to distance learning programs and shall not affect other approvals of institutions of higher education or programs required by law exemptions for institutions of higher education or programs. This section shall not prohibit an accredited, degree-granting institution of higher education located in the commonwealth that has been authorized to grant degrees by the board of higher education but that does not participate in such an agreement from offering a postsecondary distance education program in another state if the institution is duly authorized to do so by the other state. For purposes of online distance education programs, an accredited, degree-granting institution of higher education chartered, incorporated or organized in another state that is a party to the interstate reciprocity agreement entered into by the board shall be authorized by the board of higher education to conduct courses that lead to the award of a degree in the commonwealth in accordance with Section 31A of chapter 69; provided, however, that the institution of higher education is approved to participate in and meets the requirements of the interstate reciprocity agreement. This section shall not affect the authority of the attorney general to enforce statutes or promulgate and enforce regulations that prohibit consumer fraud and unfair or deceptive business practices including, but not limited, those under chapter 93A, and to enforce section 1042 of the federal Consumer Financial Protection Act of 2010 under section 1042. Before the board of higher education enters into an interstate reciprocity agreement, the department of higher education and the attorney general shall execute a memorandum of understanding necessary to coordinate the enforcement of relevant requirements, statutes and regulations, including those related to consumer fraud and unfair or deceptive business practices. Notwithstanding any general or special law to the contrary, for the purpose of determining eligibility for in-state tuition rates and fees at public institutions of higher education and for state-funded financial assistance, an individual admitted to such institutions of higher education, other than a nonimmigrant alien within the meaning of 8 U.S.C. § 1101(a)(15)(A) to (S), inclusive, who attended high school in the commonwealth for not less than 3 years and graduated from a high school in the commonwealth or attained the equivalent thereof in the commonwealth, shall be eligible to pay in-state tuition rates and fees at public institutions of higher education and shall be eligible on the same terms as other individuals for state-funded financial assistance at state-funded public and state-approved private, independent nonprofit institutions of higher education. No individual qualified for in-state tuition rates and fees under this chapter shall be denied in-state tuition and fees as a result of the granting of eligibility under this paragraph. To receive in-state tuition at a public institution of higher education or state-funded financial assistance at an institution of higher education under this section, an eligible individual shall provide the institution of higher education where the eligible individual is or plans to become enrolled, with a high school transcript or certificate demonstrating completion of the equivalent thereof in the commonwealth and: (i) a valid social security number; (ii) a document reflecting issuance of an individual taxpayer identification number; (iii) if that individual is not a citizen of the United States or a legal permanent resident of the United States, an affidavit signed under the pains and penalties of perjury stating that the individual has applied for citizenship or legal permanent residence or will apply for citizenship or legal permanent residence in accordance with federal laws and regulations within 120 days of eligibility for such status; or (iv) documentation of registration with the selective service, if applicable. The board of higher education shall issue regulations for the implementation of this paragraph. Student or family information obtained in the implementation of this paragraph shall be protected from disclosure under subclause (c) of clause Twenty-sixth of section 7 of chapter 4, chapter 66A, chapter 93H and other applicable privacy laws.

M.G.L. c. 15A, § 9A American Sign Language

c. 15A, § 9A. American Sign Language Section 9A. American Sign Language is hereby recognized as a full and legitimate language, as the language of a unique culture in the United States, and as the equivalent of a spoken language for the purposes of foreign language study and course credit.

M.G.L. c. 15A, § 9B Needs-based financial assistance program; scholarships; guidelines

c. 15A, § 9B. Needs-based financial assistance program; scholarships; guidelines Section 9B. There shall be a program, subject to appropriation, of needs-based financial assistance, administered by the board of higher education, to provide full or partial scholarships for residents of the commonwealth enrolled in and pursuing a part-time or full-time program of higher education in any of the public institutions of higher education in the commonwealth. The council shall establish guidelines to govern said program. Said guidelines shall be filed with the house and senate committees on ways and means and the joint committee on education, arts and humanities within thirty days of the approval by the council of said guidelines.

M.G.L. c. 15A, § 10 Definitions

c. 15A, § 10. Definitions Section 10. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:— ''Community college'' shall mean any of the following institutions of higher education: Berkshire Community College, Bristol Community College, Bunker Hill Community College, Cape Cod Community College, Greenfield Community College, Holyoke Community College, Massachusetts Bay Community College, Massasoit Community College, Middlesex Community College, Mount Wachusett Community College, Northern Essex Community College, North Shore Community College, Quinsigamond Community College, Roxbury Community College, and Springfield Technical Community College, and any other community college established after November first, nineteen hundred and eighty-nine; or, if any such community college shall be abolished, any institution succeeding to the principal functions thereof. ''Community college affiliate'' any organization or association, in any form, the activities of which are a part of the activities of such community college and are subject to regulation by the trustees of such community college or any research foundation, teaching hospital and associated clinics or other research or educational organization the operation of which in conjunction with such community college is approved by the trustees of such community college as furthering the purposes of the community college. ''HEFA'' shall mean the Health and Educational Facilities Authority, established by section four of chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight, or, if said Health and Educational Facilities Authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to which the powers given by said chapter six hundred and fourteen shall be given into law. ''Project'' in the case of a participating institution for higher education, a structure or structures suitable for use as a dormitory or other multi-unit housing facility for students, faculty, officers or employees, a dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, maintenance, storage or utility facility and other structures or facilities related to any of the foregoing or required or useful for the instruction of students or the conducting of research or the operation of an institution for higher education, including parking and other facilities or structures essential or convenient for the orderly conduct of such institution for higher education, and shall also include landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended and shall further include any furnishings, equipment, machinery and other similar items necessary or convenient for the operation of an institution of higher education, whether or not such items are related to a particular facility or structure financed by HEFA, but shall not include such items as books, fuel, supplies or other items the cost of which are customarily deemed to result in a current operating charge, and shall not include any facility used or to be used for sectarian instruction or as a place of religious worship nor any facility which is used or to be used primarily in connection with any part of the program of a school or department of divinity for any religious denomination. Project may include any combination of one or more of the foregoing undertaken jointly by one or more participating institutions with each other or with other parties.

M.G.L. c. 15A, § 11 Council actions permitted to aid and contribute to performances of educational and other purposes of community colleges

c. 15A, § 11. Council actions permitted to aid and contribute to performances of educational and other purposes of community colleges Section 11. The council may, in the name and on behalf of the commonwealth, upon such terms and with or without consideration, do any or all of the following in order to aid and contribute to the performance of the educational and other purposes of any community college: (a) Sell, convey or lease to HEFA or any community college affiliate real or personal property owned by the commonwealth in a city or town in which a community college is located or grant easements, licenses or any other rights or privileges therein to HEFA to any community college affiliate. Neither HEFA nor any community college affiliate shall be liable to taxation upon any real property, including any building or buildings erected thereon, or personal property sold, conveyed or leased under this section; (b) Cause private ways, sidewalks, footpaths, ways for vehicular travel, parking areas, water, sewage or drainage facilities and similar improvements and steam service and other utilities and connections for heating and other necessary purposes to be furnished to or in any project carried out by HEFA or any community affiliate; (c) Make available to HEFA or to any community college affiliate the services of officers and employees of a community college and office space and facilities in a community college for, among other things, billing and collecting rents, fees, rates and other charges for the use and occupancy of property of HEFA or any community college affiliate by one or more community colleges or community college affiliates, students, staff and their dependents; renting and leasing rooms and other accommodations in the buildings and structures of HEFA or a community college affiliate; cleaning, heating, daily operation of and repairs to and maintenance of such buildings and structures and other property of HEFA or any community college affiliate; and keeping all books of account for HEFA or any community college affiliate; (d) Establish and manage trust funds for self-amortizing projects and self-supporting activities including, but not limited to, the operation of the boarding halls, student health service, research institutes and foundations, dormitories and student and faculty apartment; provided, that all income received from such projects or activities shall be held in trust by the council and expended for the purpose for which the trust fund was established; provided further, that the council may, for the purposes of this section or section twelve, group together several or more projects into one or more funds as is, in its judgement, required to best effectuate the purposes of the projects and activities and the purposes of the community colleges; and provided, further, that any unrestricted balances remaining in a trust fund upon its termination shall be used as directed by the council for the general purposes of the community college; (e) Do any and all things authorized by law and necessary or convenient to aid and cooperate with HEFA or any community college affiliate in carrying out the purposes of HEFA or such community college and exercising their powers and in complying with the provisions of any trust agreement into which HEFA may enter in connection with any project financed by HEFA on behalf of any community college or community college affiliate. In connection with any financing or refinancing provided by HEFA, the provisions of this paragraph shall apply. No lease or other agreement made under this section or section twelve made by HEFA, or the commonwealth acting through the council, or any other community college affiliate to HEFA, the commonwealth acting through the council, or any other community college affiliate shall be subject to any provision of law relating to publication or advertising for bids, and any such lease or agreement may be entered into and shall become effective without any necessity for any order of court or other action or formality other than the regular and formal action of the authorities concerned. No sale, conveyance, lease, or grant made under this section to HEFA or any community college affiliate by the council or by any community college affiliate shall be subject to the provisions of section forty F, section forty F1/2, section forty H or section forty I of chapter seven; provided, however, that the council may elect for any such sale, conveyance, lease, or grant to be subject to the provisions of said sections; provided, further, that in connection with (i) any project upon any real property or right thereto obtained by HEFA or any community college affiliate pursuant to the sale, conveyance, lease, or grant hereby exempted from said sections, or (ii) any disposition to a person or entity other than HEFA, the commonwealth acting through the council or otherwise, or a community college affiliate of any real property or right thereto obtained by HEFA or any community college affiliate pursuant to the sale, conveyance, lease, or grant hereby exempted from said sections, HEFA or such community college affiliate, as the case may be, shall be deemed to be a state agency for the purpose of paragraph (v) of section thirty-nine A of said chapter seven and shall be deemed to be a public agency for the purpose of subsection (1) of section forty-four A of chapter one hundred and forty-nine.

M.G.L. c. 15A, § 12 Council actions permitted to provide for HEFA expenses and for payments of indebtedness incurred on behalf of community colleges or affiliates

c. 15A, § 12. Council actions permitted to provide for HEFA expenses and for payments of indebtedness incurred on behalf of community colleges or affiliates Section 12. To provide for the expenses of HEFA and for the payment of indebtedness incurred by it in connection with any project financed by HEFA on behalf of any community college or any community college affiliate, or in connection with any transfer for such purpose by HEFA, or the commonwealth acting through the council under the provisions of section eleven, or any other community college affiliate to HEFA, or the commonwealth acting through the council, or any other community college affiliate of buildings or other property, the council may, in the name and on behalf of the commonwealth, (i) transfer or pledge that they will periodically transfer to HEFA, or to any community college affiliate under terms permitting further transfer or pledge to HEFA, any part or all of any funds held as trust funds for any community college under the provisions of paragraph (d) of section eleven, administered on behalf of any community college as gifts, grants, or trusts under the provisions of clause (e) of section twenty-two, made available for expenditure on behalf of any community college pursuant to an appropriation or other spending authorization in the commonwealth's annual operating budget, including supplementary and deficiency budgets, or otherwise available for expenditure by the council, and (ii) may contract with HEFA or any community college affiliate with respect thereto under terms permitting further transfer or pledge by HEFA to a trustee under any trust agreement related to such project and entered into by HEFA pursuant to chapter six hundred and fourteen of the acts of nineteen hundred and sixty-eight; provided, that in the case of any funds expected to be available for expenditure by the council pursuant to subsequent appropriation or other spending authorization by the legislature, the council may only pledge that they will so transfer such funds subject to such subsequent appropriation or other spending authorization. The council may impose such terms and conditions as to the application of the funds so transferred as it deems appropriate for the carrying out of the provisions of said chapter six hundred and fourteen and of this chapter. Any such pledge shall be valid and binding from the time when the pledge is made; the funds so pledged shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the council, any community college, or any other community college affiliate, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which such a pledge is created need be filed or recorded except in the records of HEFA.

M.G.L. c. 15A, § 13 HEFA; sale or lease of buildings, lands or other property; proceeds

c. 15A, § 13. HEFA; sale or lease of buildings, lands or other property; proceeds Section 13. HEFA may sell the buildings or other structures upon any land acquired by it pursuant to section eleven and which are not included in a project, or may remove the same, and may sell or lease any lands or rights or interest in lands or other property acquired for the purposes of this act whenever the same shall, in the opinion of HEFA, cease to be needed for such purposes. The proceeds of any such sale or lease shall be held and disposed of as revenues from the project for or with respect to which the property sold or leased shall have been acquired; provided, however, that except as permitted by section eleven, no property acquired from the commonwealth shall be sold or leased without prior approval of the governor and council; and provided further that the proceeds of any sale or lease of any such property shall be paid to the treasurer and receiver-general of the commonwealth and shall be credited on the books of the commonwealth to the General Fund. In the event that the council shall sell, convey or lease to HEFA any dormitory, dining commons or boarding hall faculty or student apartment building or student union building at any community college and owned by the commonwealth or any interest of the commonwealth in or to such a building so located but owned by another, and in the further event that funds for the rental or maintenance of such building or buildings have been provided by appropriation from general funds of the commonwealth for any fiscal year ending after the effective date of such sale, conveyance or lease, such sale, conveyance or lease shall provide that the rentals, fees or other charges levied for the use of such building or rooms or accommodations therein or services provided therein in such fiscal years shall be retained by or paid to the treasurer and receiver-general of the commonwealth, as the case may be.

M.G.L. c. 15A, § 14 Powers under Secs. 11 and 12 exercised on behalf of University of Massachusetts and affiliates

c. 15A, § 14. Powers under Secs. 11 and 12 exercised on behalf of University of Massachusetts and affiliates Section 14. Upon application by the trustees of the University of Massachusetts, the council may exercise on behalf of such university and its university affiliates all the powers it has with respect to community colleges or community college affiliates under sections eleven and twelve.

M.G.L. c. 15A, § 15 Estimate of ordinary maintenance and revenues; capital outlay requests; allocation of appropriations

c. 15A, § 15. Estimate of ordinary maintenance and revenues; capital outlay requests; allocation of appropriations Section 15. In accordance with the funding formulas referenced in section 15B of this chapter, the secretary, in consultation with the council and with the board of trustees for the university of Massachusetts, shall periodically prepare and submit to the budget director an estimate, in detail, for the ordinary maintenance of the entire system of public institutions of higher education, and revenue therefrom, as provided in section three of chapter twenty-nine. Said statement shall include the salaries of all officers and employees within said system and all program costs which are to be borne by any source other than the commonwealth, including such sources as federal financing or federal research, demonstration, or training grants, community contributions and other grants, endowments or trusts. The secretary, in consultation with the council and with the board of trustees for the university of Massachusetts, shall also periodically submit requests for capital outlay for the entire system of public institutions of higher education to the secretary of administration and finance as provided by section seven of said chapter twenty-nine and to the house and senate committees on ways and means. The secretary shall use the estimates and requests prepared by each board of trustees for the purposes of this section attaching whatever recommendations she may desire or deem necessary. The general court shall appropriate funds for the system of public institutions of higher education in various line items, including, but not limited to four separate appropriations; one each for the University of Massachusetts, state universities, community colleges, and scholarships. The board of trustees of the university shall receive its appropriation directly, in one sum. Funds appropriated for the state university system and the community college system shall be disbursed by the council to each board of trustees by the establishment of allocation accounts; provided, however, that the council shall not allocate an amount less than that appropriated by the general court for the expenses of ''01, salaries, permanent positions''; ''02, salaries, other''; or ''03, services, nonemployee'' without prior approval of the commissioner of administration; and provided, further, that no such funds allocated for the expenses of ''01 salaries, permanent'' to a board of trustees shall be transferred without the prior approval of the commissioner of administration. Except as provided in the preceding paragraph, the council shall not be prevented from amending institutional allocations or reallocating funds among institutions.

M.G.L. c. 15A, § 15A [There is no 15A:15A.]

M.G.L. c. 15A, § 15B Budget cycle; preparation and submission of budget requests; comments and recommendations

c. 15A, § 15B. Budget cycle; preparation and submission of budget requests; comments and recommendations Section 15B. There shall be established a two year budget cycle for the public system of higher education which shall be instituted beginning in fiscal year nineteen hundred and ninety-four and shall be repeated every even numbered fiscal year thereafter. In preparing for the even numbered fiscal year of said two year budget cycle each board of trustees shall prepare and submit to the secretary and the council a budget request for the ordinary maintenance of its institution; said budget request shall include the salary of all officers and employees of said institution and all revenues therefrom and any other such information as the secretary and the council may require or as provided in section three of chapter twenty-nine. Each board of trustees shall make requests to the secretary and the council under the provisions of chapter twenty-nine. The boards of trustees shall attach to said even numbered fiscal year budget request a budget request for the following odd numbered fiscal year; said odd numbered fiscal year budget request shall include the salary of all officers and employees of said institution and all revenues therefrom and any other such information as the secretary and the council may require or as provided in section three of chapter twenty-nine. Boards of trustees in each segment of the higher education system shall prepare their budget request in accordance with funding formulas. The board of higher education shall develop the formulas for the institutions within the state university and community college segments in consultation with the boards of trustees and the secretary. The university trustees shall develop funding formulas for the university campuses in consultation with the campus administrations and the board of higher education and the secretary. All funding formulas shall be periodically reviewed and revised as needed. Each board of trustees shall prepare their estimates and requests according to the funding formulas prescribed in section fifteen A of this chapter. The council shall review the institutional budget requests prepared by each board of trustees and shall submit comments and recommendations concerning those requests to the secretary. The secretary shall then prepare a comprehensive budget request for the public higher education system, with comments and recommendations, for use by the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on higher education. In the case of the university, it shall be the responsibility of the trustees to submit comments and recommendations regarding the budget requests of individual campuses within the university system to the secretary and the board of higher education. In the case of any institution, or the university, having failed to submit data according to the schedule established under clause (s) of the first paragraph of section 9, the secretary may withhold transmittal of the budget request from that board of trustees to the secretary of administration and finance and committees. The comments and recommendations attached by the secretary and the board of higher education for each state and community college and by the board of trustees of the university for each university campus, shall be consistent with the funding formulas, statewide needs, performance measurement standards, as well as the mission statements and 5–year plans for individual campuses and the public higher education system as a whole. They shall also reflect analysis by the respective boards for each campus regarding progress made by the campuses in fulfilling strategic plans including, but not limited to, significant achievements and progress in addressing any previously identified deficiencies. The comments and recommendations shall be made available to the individual institutions and campuses before submission to the secretary of administration and finance and legislative committees with sufficient time allowed to provide opportunity for comment and response by those institutions and campuses. In reviewing the various estimates and requests, the secretary and the council may comment on the overall level of funding for the system of public higher education and may comment regarding funding priorities among segments of the system of public higher education and among the various institutions. The secretary shall submit her recommendations and comments to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on higher education. The secretary shall include in addition to the information provided by the boards of trustees all program costs which are to be borne by any other source other than the commonwealth, including such sources as federal financing or federal research demonstration or training grants, community contributions and other grants, endowments or trusts.

M.G.L. c. 15A, § 15C Expenditures and revenues; management and accounting reporting system

c. 15A, § 15C. Expenditures and revenues; management and accounting reporting system Section 15C. The public institutions of higher education shall report monthly by subsidiary all expenditures and revenues from all appropriated and non-appropriated funds on the Massachusetts management and accounting reporting system, so-called, by July thirty-first, nineteen hundred and ninety-three.

M.G.L. c. 15A, § 15D Personnel administrative reporting and information system

c. 15A, § 15D. Personnel administrative reporting and information system Section 15D. The public institutions of higher education shall report all personnel information for those employees compensated from any budgetary, federal, capital or trust fund through the personnel administrative reporting and information system, so-called, by July thirty-first, nineteen hundred and ninety-three.

M.G.L. c. 15A, § 15E Public higher education endowment incentive and capital outlay contribution program; matching formula; termination of program

c. 15A, § 15E. Public higher education endowment incentive and capital outlay contribution program; matching formula; termination of program Section 15E. It is hereby declared to be the policy of the commonwealth to encourage private fundraising by the public institutions of higher education and to assist fundraising through a matching program to be known as the public higher education endowment incentive and capital outlay contribution program which shall not result in direct or indirect reductions in the commonwealth's appropriations to the institutions for operations or for capital support. Subject to appropriation, the commonwealth shall contribute funds to each institution's recognized foundation in an amount necessary to match private contributions in the current fiscal year to the institution's or a foundation's endowment or capital outlay program based on the following matching formula: subject to appropriation, the commonwealth's contribution shall be equal to $1 for every $2 privately contributed to the university's board of trustees or a foundation; $1 for every $2, or $1 dollar for such greater number of dollars as may be established by the board of higher education, privately contributed to each state university's board of trustees or foundation; and $1 for every $2, or $1 for such greater number of dollars as may be established by the board of higher education, privately contributed to each community college's board of trustees or foundation. Private contributions to the endowment or capital outlay program for purposes of these matching grant programs shall be limited to donations to an endowment for academic purposes including, but not limited to, scholarships and endowed chairs or contributions to a capital outlay program in support of academic facility construction and maintenance approved by the appropriate board of trustees. For each institution, the program shall be administered by its foundation, as defined in section 37, in accordance with procedures established by the board of trustees and filed with the house and senate committees on ways and means, the joint committee on higher education, and the secretary of administration and finance no later than 30 days from the time of adoption. Any further amendments to the procedures shall also be filed within 30 days of adoption with the house and senate committees on ways and means, the joint committee on higher education, and the secretary of administration and finance. The procedures shall include a method for each board of trustees to certify to the house and senate committees on ways and means, the joint committee on higher education, and the secretary of administration and finance the actual amount received in private contributions to the endowment or capital outlay program in each fiscal year. The procedures shall also include safeguards for protecting the anonymity of donors who indicate their desire not to be identified. For the state university, the procedures shall also provide that the allocation of all matching funds from the commonwealth shall be subject to prior approval by the president of the university.

M.G.L. c. 15A, § 15F Community college workforce training incentive program

c. 15A, § 15F. Community college workforce training incentive program Section 15F. It is hereby declared to be the policy of the commonwealth to encourage public community college training opportunities in order to promote workforce development, minimize the shortage of skilled workers and raise economic opportunity through a matching incentive grant program to be known as the community college workforce training incentive program. Subject to appropriation, the board of higher education shall establish guidelines for the distribution of community college workforce training incentive grants; provided, however, that said guidelines shall provide: (i) allowable incentive grant awards which shall not exceed $200 for every $1,000 in eligible revenues; (ii) minimum requirements for the level of not-for-credit vocationally-oriented instruction which shall be provided by incentive grant recipients in the fiscal year in which such grant is awarded. Each community college which is eligible for grant awards in a fiscal year shall, subject to appropriation, receive not less than $50,000 from the total amount appropriated for the incentive program to fund the salary of a workforce training coordinator at each such campus. For the purposes of this section, eligible revenues shall be defined as revenues received by a community college for one of the following purposes: tuition and fees paid by students enrolled in not-for-credit vocationally-oriented courses; tuition and fees paid by Massachusetts employers on behalf of employees enrolled in not-for-credit vocationally-oriented courses; and revenues from service contracts with Massachusetts employers to provide not for-credit vocationally-oriented training. Revenues from contracts with public agencies, public grants or private gifts shall not be considered eligible revenues for the purposes of this section. Incentive grants shall be expended for the following purposes: to expand not-for-credit vocationally oriented course offerings; to expand not-for-credit vocationally-oriented instruction provided through contracts with Massachusetts employers; and to otherwise promote not-for-credit vocationally-oriented instruction. Each community college campus shall report not later than December 31, annually, to the board of higher education and the house and senate committees on ways and means on the level of not-for-credit vocationally-oriented instruction provided in the preceding fiscal year and the anticipated level of such instruction in the current fiscal year. Said report shall detail enrollment levels, revenues received, sources of revenues, the number of service contracts established with Massachusetts employers and such other information as the board of higher education may require.

M.G.L. c. 15A, § 15G Stackable credentials

c. 15A, § 15G. Stackable credentials Section 15G. (a) The department of higher education shall assess stackable credentials offered at community colleges, state universities and the University of Massachusetts campuses and, in collaboration with the public higher education institutions and regional workforce organizations, shall: (i) identify best practices to be shared and replicated across campuses to provide a clear and accessible path for students seeking to advance their education through workforce training and preparation; (ii) establish guidelines and standards for earning stackable credentials through workforce development or career and technical education; (iii) identify and implement stackable programs on campuses where further needs exist; and (iv) disseminate information on stackable education pathway opportunities with regional workforce agencies. For the purposes of this section, ''stackable credential'' shall mean a credential earned through an education, training or apprenticeship program while attending an institution of higher education which is designed to be part of a pathway for students that, along with other stackable credentials, cumulatively leads to a degree or industry specific skills certification. The department shall prioritize this effort in the areas of advanced manufacturing and information technology. The department may base credentials on competency, workforce or apprentice experience or workforce preparation. In developing criteria for credentials, the department shall consult with regional employment boards, career and technical education entities, community colleges, state universities, the University of Massachusetts, chambers of commerce, the Massachusetts Technology Park Corporation doing business as the Massachusetts Technology Collaborative, the Massachusetts Life Sciences Center and trade associations. (b) Stackable credentials shall be available across the commonwealth and administered through public higher education institutions; provided, however, that public higher education institutions shall: (i) develop programs responsive to industry needs based on current regional labor market data; (ii) implement the programs in a manner that ensures interconnection of competencies offered in specialized training programs; and (iii) determine transferability of credentials for college credit. (c) For the purposes of this section ''public higher education institutions'' shall include Quincy College.

M.G.L. c. 15A, § 16 Scholarship programs; guidelines

c. 15A, § 16. Scholarship programs; guidelines Section 16. There shall be a general scholarship program administered by the council to provide financial assistance to students domiciled in the commonwealth and enrolled in and pursuing a program of higher education in an approved public or independent college, university or school of nursing or any other approved institution furnishing a program of higher education. Such aid and assistance shall consist of awarding of full or partial scholarships to worthy and qualified students in need of financial assistance. The amount of awards to qualified students shall be determined by using an indexing system which shall be included in the guidelines established by the council to govern this program. The council shall file a report of current year general scholarship program expenditures, appropriations needed to fund full need for all students, and projections of general scholarship expenditures for the following year by family contribution ranges and independent student contribution ranges. Said report shall be filed with the clerk of the house and senate no later than the end of each calendar year. There shall be a Christian A. Herter Memorial Scholarship Program which authorizes the council to guarantee the payment of full or partial scholarships to no more than twenty-five students annually of extraordinary need and ability selected in tenth or eleventh grades by persons or agencies designated by said council under such regulations as the council shall deem necessary. These awards shall be guaranteed to the student at the time of the student's selection; provided however, that said student successfully completes high school and is enrolled in and pursuing a program of higher education in any approved public or independent college, scientific or technical institution, or any other approved institution furnishing a program of higher education, and shall be payable from the general scholarship funds at the time of the student's matriculation. There shall be a program, administered by the council, providing for the matching of scholarship grants to participating Massachusetts independent regionally accredited colleges, universities and schools of nursing; provided, that the council shall establish policies and regulations relating to the program, including an audit procedure to insure that institutions are in compliance with such policies and regulations; provided, further, that a participating institution shall be eligible to receive an amount equal to such institution's expenditure for scholarship aid to needy Massachusetts undergraduate students enrolled in such institutions as full-time matriculating students in a course of study leading to an associate or bachelor degree; provided further, that each participating institution shall agree to expend an amount equal to one hundred percent of the grant awarded hereunder in direct financial assistance to the needy Massachusetts students; provided further, that each participating institution shall agree to comply with the information requests of the council in accordance with this chapter. There shall be a Christa McAuliffe Teacher Incentive Program for the purpose of providing financial assistance for undergraduate and graduate students in approved institutions of higher education within the commonwealth who agree to teach on a full time basis within a public education system located in the commonwealth. The council shall institute and maintain learning contracts for all students admitted in the teacher incentive program, which shall include provisions for ''payback'' service for a period commencing after such students have fulfilled all graduation requirements, or for repayment to the commonwealth of the full amount of such grants on terms established by said council. Said council shall establish guidelines governing said program which shall include but not be limited to eligibility requirements, selection criteria, and period of time which must be spent teaching in the commonwealth. There shall be a part-time student grant program to provide assistance to part-time undergraduate students attending approved institutions of higher education within the commonwealth who have demonstrated financial need. The council shall establish guidelines governing said program. The council may award full or partial scholarships to worthy and qualified students who have been residents of the commonwealth for a period of four years immediately prior to receiving such award and who are in need of financial assistance in order to pursue graduate studies. The council shall award scholarships and notify all applicants on or before July first in each year. No scholarship may be awarded for more than five years to any one student. The council may expend such sums as may be appropriated to carry out the provisions of this paragraph. The council shall establish guidelines governing said program which shall include but not be limited to eligibility requirements and selection criteria. There shall be a Council Grant for Campus-based Assistance Program for adult learners and work study opportunities. Participating approved institutions of higher education within Massachusetts shall receive an allocation from the council to provide grant or work study assistance to eligible students with demonstrated financial need. The council shall establish guidelines to govern this program which shall insure that those students receiving assistance include part-time students, graduate students and adult learners. There shall be a public service scholarship program to provide scholarships to the: (i) children and widowed spouses of Massachusetts police officers, firefighters and correction officers who were killed or died from injuries received while in the performance of their duties, including authorized training duty; (ii) children of prisoners of war or of military or service persons missing in action; and (iii) children of veterans whose service was credited to the commonwealth and who were killed in action or otherwise died as a result of such service. Such scholarships shall be awarded by the council pursuant to its guidelines established to govern this program and shall go to those persons referenced above who are admitted to an institution of higher education in the commonwealth to pursue undergraduate studies. The guidelines shall include, but not be limited to, a waiver of mandatory fees. There shall be a dedicated grant program for undergraduate students enrolled at an approved institution of higher education within the commonwealth. The council shall establish guidelines to govern said program. There shall be a consortium scholarship program for undergraduate students to pursue programs that are not currently offered by public institutions of higher education within the commonwealth. The council shall establish guidelines to govern said program. Any student receiving financial assistance under any program listed above shall maintain satisfactory academic progress in order to continue to receive such assistance. Each institution which recipients attend shall maintain documentation of each recipient's academic standing and provide requested documentation to the council in accordance with guidelines promulgated by the council. All programs of financial assistance above shall be subject to appropriation. Any institution of higher education participating in any of the programs set forth above shall annually execute a participating agreement for each such program and place such contracts on file with the council's scholarship office. When applicable federal law requires, each applicant for assistance under any program established herein shall provide appropriate documentation to verify his compliance with the Military Selective Service Act in effect at the time of such application. With the exception of the public service scholarship program grants, all financial assistance provided for in this section shall be based on ability to pay, as provided for in guidelines promulgated by the council. Upon adoption by the council of guidelines promulgated pursuant to the provisions of this section, said council shall file a copy thereof with the secretary of administration and finance, and with the clerk of the house of representatives, who shall refer such guidelines to the joint committee on education, arts and humanities, and the house and senate ways and means committees.

M.G.L. c. 15A, § 16A High demand targeted scholarship program; eligibility; duties and responsibilities of the board and Massachusetts state scholarship office; annual report

c. 15A, § 16A. High demand targeted scholarship program; eligibility; duties and responsibilities of the board and Massachusetts state scholarship office; annual report Section 16A. (a) There shall be a scholarship program, subject to appropriation, to be administered by the board, which shall be known as the high demand targeted scholarship program, to provide financial assistance to students in the commonwealth who are enrolled in and pursuing a program of higher education for an in-demand profession as defined by the executive office of labor and workforce development's study on labor market conditions. (b)(1) Eligibility for the scholarship program shall be limited to students that: (i) reside in the commonwealth for at least 1 year prior to the start of the academic year; (ii) agree to complete an undergraduate or graduate degree or certificate program at a public institution of higher education pursuant to section 5; (iii) maintain a minimum grade point average of 3.0 annually and demonstrate satisfactory academic progress in accordance with institutional standards; (iv) successfully complete an undergraduate or graduate degree or certificate program at said public institution of higher education; (v) enter into an in-demand occupation, as defined by the executive office of labor and workforce development's study on labor market conditions, in the commonwealth; provided, that said in-demand occupation shall be consistent with the undergraduate or graduate degree or certificate; (vi) commit to working in the commonwealth for a term of not less than 5 years in an in-demand occupation as defined by said study; and (vii) meet any additional criteria required by the board. (2) Scholarships shall be awarded to qualified students to cover the cost of tuition, fees and additional costs of attendance as calculated by the student's public institution of higher education, including, but not limited to, room and board, books and supplies, transportation, child care and personal expenses associated with obtaining an undergraduate or graduate degree or certificate program at a public institution of higher education. (c) The board, in coordination with the Massachusetts state scholarship office, shall: (1) promulgate guidelines governing the high demand targeted scholarship program; (2) promulgate procedures for repayment of the amount of scholarship benefits for persons who participate in the program but who fail to complete the 5–year commitment pursuant to clause (vi) of paragraph (1) of subsection (b); provided, however, that the procedures shall be designed to ensure there are no disincentives for low-income students to participate in the program and shall consider: (i) the amount of scholarship benefits the participant has received; (ii) the participant's current income if not working in an in-demand occupation; and (iii) the amount of time the participant worked in the commonwealth in the in-demand occupation consistent with their undergraduate or graduate degree or certificate; and (3) establish an outreach plan to attract individuals to in-demand professions through the scholarship program. (d) Annually, not later than July 31, the board shall submit a report detailing activity of the program, including, but not limited to: (i) the number of scholarships awarded by the program; provided, that the board shall categorize the number of scholarship awards by in-demand profession and public institution of higher education; (ii) demographic information of the recipients of the scholarship program; and (iii) the average scholarship award amount, which shall be categorized by in-demand profession and public institution of higher education.

M.G.L. c. 15A, § 17 Teaching learning corps program

c. 15A, § 17. Teaching learning corps program Section 17. The council, subject to appropriation, shall establish a program entitled the ''teaching learning corps''. The program shall provide school districts choosing to participate, which contain a significant proportion of low-income students or a significant proportion of students deficient in basic skills, as determined by the board of education with college students as instructional aides. Instructional aides shall assist teachers in instructional activities during regular school programs or extended day programs, but shall not replace existing school personnel. Funds provided under this section shall be used first to provide matching funds for work-study college students, and in the case where work-study students are not available, to hire college students not enrolled in work-study programs. The council, in cooperation with the board of education, shall promulgate rules and regulations for said program, including selection criteria for public school sites, cooperative agreements between colleges and public schools, yearly program evaluation procedures, program duration standards, and other rules.

M.G.L. c. 15A, § 18 Qualifying student health insurance programs; participation; compliance procedures report; penalties for noncompliance; compliance with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act

c. 15A, § 18. Qualifying student health insurance programs; participation; compliance procedures report; penalties for noncompliance; compliance with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act Section 18. Every full-time and part-time student enrolled in a public or independent institution of higher learning located in the commonwealth shall participate in a qualifying student health insurance program. For the purposes of this section, ''part-time student'' shall mean a student participating in at least 75 per cent of the full-time curriculum. Such an institution may allow students to waive participation in its student health insurance program or any part thereof; provided, however, that such an institution shall require students waiving participation to certify in writing prior to any academic year in which the student will not participate in the institution's plan that such student is a participant in a health insurance program providing comparable coverage; and provided further, that such institution shall allow students to waive participation in its student health insurance program if the student is currently enrolled in MassHealth, the student continues to meet all relevant MassHealth eligibility criteria under state and federal law and: (i) the student has been enrolled in MassHealth for at least 1 year prior to becoming eligible for the institution's student health insurance program or (ii) the student has been enrolled in MassHealth for at least 6 months and the student provides documentation, as required by the commonwealth health insurance connector in consultation with MassHealth, that participation in the qualifying student health insurance program would be financially prohibitive. Each public and independent institution of higher education shall submit an annual report to the commonwealth health insurance connector detailing its procedures for complying with the provisions of this section; provided, however, that prior to the implementation of this section the division of health care finance and policy and the council shall submit a report to the house and senate committees on ways and means. Such a report shall include, but not be limited to, an analysis of the number of students lacking health insurance, the costs of the requirements of this section to the students and the public and independent institutions of higher education, and a proposed method for meeting such costs. Any public or independent institution of higher learning failing to carry out its responsibilities under this section shall pay a penalty per student for every day during which the failure continues, equal to the penalty per employee per day imposed upon noncomplying employers by subsection (i) of section fourteen G of chapter one hundred and fifty-one A. Any penalties collected pursuant to this section shall be deposited in the public responsibility account of the medical security trust fund established by chapter one hundred and eighteen F. Any institution which, in accordance with regulations promulgated pursuant to this section, relies in good faith on statements by students relative to their health insurance status shall not be liable for any penalty or for failure to comply with the provisions of this section caused by misstatements of such students. The commonwealth health insurance connector, with the advice and consent of the council, shall issue regulations to define qualifying student health insurance programs, to establish procedures to monitor compliance, and to implement the provisions of this section. Any qualifying student health insurance plan authorized under this chapter shall comply with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, as amended, and any federal guidance or regulations relevant to the act, including 45 CFR Part 146.136, 45 CFR Part 147.136, 45 CFR Part 147.160 and 45 CFR Part 156.115(a)(3), and the benefit mandates and other obligations under section 47B of chapter 175, section 8A of chapter 176A, section 4A of chapter 176B and sections 4, 4B and 4M of chapter 176G, as if the student health insurance plan was issued by such carriers licensed under said chapters 175, 176A, 176B and 176G without regard to any limitation under section 1 of chapter 176J.

M.G.L. c. 15A, § 19 Tuition and fee waiver program; guidelines; annual report

c. 15A, § 19. Tuition and fee waiver program; guidelines; annual report Section 19. There shall be a single tuition and fee waiver program administered by the council in accordance with guidelines established by the council to govern the program, provided that no tuition waiver be funded by the transfer of funds appropriated pursuant to section sixteen. Such guidelines (i) shall establish institutional waiver allocation formulas and eligibility requirements, including needs criteria, for designated waiver programs, (ii) shall provide full or partial tuition waivers for specific categories of students designated by the council which may include veterans, armed forces personnel, senior citizens, and graduate students, (iii) may provide full or partial waivers for additional categories of students not included in clause (ii), and (iv) may provide full or partial waivers of tuition or fees for undergraduate programs, summer sessions, evening classes, or any specific courses or set of courses. Such guidelines shall provide tuition and fee waivers for Massachusetts National Guard members. The commonwealth, not the institutions of public higher education, shall bear the cost of such tuition and fee waivers for Massachusetts National Guard members. Tuition waivers for graduate students shall be administered by each institution of public higher education. Said institutions shall annually and on a date specified by the council submit a written report to the board detailing graduate student waiver policies and distributions of said waivers. Upon the adoption of guidelines in accordance with the provisions of this section the council shall file copies of thereof with the clerks of the house and the senate, who shall refer such guidelines to the house and senate committees on ways and means and the joint committee on education, arts and humanities. The council shall annually on or before March fifteenth report to the house and senate committees on ways and means and to the joint committee on education, arts and humanities regarding any modifications to the guidelines setting forth tuition waiver programs. Said report shall include information relative to tuition waivers for graduate students as administered by the several institutions of public higher education. Notwithstanding the provisions of any general or special law to the contrary, the board of higher education shall provide full tuition waivers at each community college for students who are clients of and who meet the eligibility requirements of MassAbility or the Massachusetts commission for the blind. The program shall provide full tuition and fee waivers for any state-supported course offered by an institution at a public institution of higher education, excluding graduate courses and courses in the MD program at the University of Massachusetts Medical Center, and including courses toward an undergraduate degree program, certificate program, short-term certificate program and noncredit courses at each community college, state university and undergraduate campus of the University of Massachusetts for students who are not over the age of 24 and who, while in the custody of the department of children and families, were adopted by an eligible Massachusetts resident or commonwealth employee as determined by the department of children and families in conjunction with the human resources division. The commonwealth, not the institutions of public higher education, shall bear the cost of these waivers after all reimbursements from the federal government have been exhausted. The program shall provide tuition and fee waivers for any person who, upon reaching the age of 18, is in the custody of the department of children and families or is the subject of a legal guardianship sponsored by the department. No such person shall be required to remain in the care of the department beyond the age of 18 to qualify for these waivers. Persons who return to the care of the department after the age of 18 may qualify for these waivers. The commonwealth, not the institutions of public higher education, shall bear the cost of these waivers after all reimbursements from the federal government have been exhausted. The board of higher education shall, subject to appropriation, establish a program to provide grants to residents of the commonwealth who are working as paraprofessionals in public schools of the commonwealth while pursuing a bachelor's degree at a public institution of higher education in the commonwealth in order to become a certified teacher in the commonwealth. Eligibility shall be limited to persons (a) who have worked as a paraprofessional in the public schools of the commonwealth for a minimum period of 2 years before receipt of such grant, or who are paraprofessionals who have worked in public schools for a lesser time, and (b) who are enrolled in and pursuing courses of study that will lead to certification as a teacher in bilingual education, special education, math, science or foreign languages, and (c) who commit to teach and actually teach for such period as the board of higher education may determine in the public schools of the commonwealth upon graduation and certification under section 38G of chapter 71. The board of higher education shall establish guidelines governing implementation of the program. Such guidelines shall include, but not be limited to, the following: (i) the level of academic achievement grant recipients must maintain while participating in the grant program; (ii) the financial responsibilities of grant recipients should they fail to complete their teacher certification; and (iii) the duties and obligations of grant recipients upon completion of certification, including the minimum number of years that they shall be required to work as a teacher in a public school of the commonwealth. Such grants shall be used to defray the cost of tuition and fees at a public institution of higher education in the commonwealth.

M.G.L. c. 15A, § 19A Student loan repayment program; guidelines; expenses for administration

c. 15A, § 19A. Student loan repayment program; guidelines; expenses for administration Section 19A. There shall be a student loan repayment program known as the attracting excellence to teaching program, for the purpose of encouraging outstanding students to teach in the public schools of the commonwealth by providing financial assistance for the repayment of qualified education loans, as defined below. The program shall be administered by the board of education in accordance with guidelines promulgated by the board of higher education. The program shall be subject to appropriation. The term ''qualified education loan'' shall mean any indebtedness including interest on such indebtedness incurred to pay tuition or other direct expenses incurred in connection with the pursuit of an undergraduate or graduate degree by an applicant, but shall not include loans made by any person related to the applicant. The council shall promulgate guidelines governing the attracting excellence to teaching program. These guidelines shall include the following provisions: (1) eligibility for the program shall be limited to persons who have graduated in the top 15 per cent of their undergraduate classes or who have graduated with honors designations, as certified by the institution attended by any such applicant; (2) eligibility shall be limited to persons entering the teaching profession after July first, nineteen hundred and ninety-four; (3) the commonwealth shall repay a participating teacher's student loan at a rate not to exceed one hundred and fifty dollars per month for a period not to exceed forty-eight months; (4) repayment shall be made to the participating teacher annually upon the presentation by the participating teacher of satisfactory evidence of payments under the loan; (5) payments by the commonwealth shall cover only loan payments made by the participating teacher in the months during which the participating teacher teaches in public school in the commonwealth; (6) the program may or may not be limited to teachers who teach in school districts designated by the board of education; (7) the program shall set forth an affirmative action policy and specific annual affirmative action goals. The council shall annually publish a report detailing its efforts to publicize the loan repayment program in order to advance the goals of this affirmative action policy and its success in meeting those goals. Expenses for administration of the program may be retained in an interest bearing trust fund to be established by the board of education and expended for the costs of administering the program without further appropriation, and any funds remaining in the trust fund at the termination of the program shall be returned to the General Fund.

M.G.L. c. 15A, § 19B Teacher signing bonus program; regulations

c. 15A, § 19B. Teacher signing bonus program; regulations Section 19B. There shall be an incoming teacher signing bonus program to be administered by the department of education for the purpose of encouraging the best and brightest candidates to teach in the public schools. The goal of such program shall be to encourage high achieving candidates to enter the profession who would otherwise not consider a career in teaching. Funding for such program shall be subject to the provisions of section 35S of chapter 10. The board of education shall promulgate regulations, where necessary, for the effective implementation of such program. Such regulations shall include the following provisions: (1) On an annual basis, the department of education shall select the best and brightest teaching prospects based on objective measures such as test scores, grade point average or class rank and such other criteria as the department may determine. The department shall establish a system for receiving a limited number of recommendations for outstanding candidates for such bonuses from institutions of higher education across the nation. In selecting bonus recipients, the department shall consider such recommendations. (2) In a given year, the department may target awards to attract teachers for those subject matter areas most needed in the commonwealth; provided, however, that such subject matter areas shall be included in the core subjects as described in section 1D of chapter 69. (3) In a given year, the department shall award bonuses only to those deserving candidates rather than providing a set number of bonuses. (4) Recipients shall receive a $20,000 signing bonus over at least three years with at least $8,000 distributed in the first year of the bonus. (5) Such recipients shall be eligible for each year's bonus payment only if they are certified to teach in the commonwealth and are employed as a teacher by a public school in the commonwealth. (6) The department shall select and notify bonus recipients by April 1 of each year. Eligible recipients shall receive their annual bonus payments by the subsequent October 1 of each year. (7) The name of an individual recipient of such bonus shall remain confidential unless recipient waives such confidentiality in writing. (8) The department shall aggressively market the existence of the program to encourage the best and brightest candidates in the nation to come to the commonwealth to teach. Such marketing shall focus on candidates who would otherwise not consider a career in teaching. (9) The program shall set forth an outreach plan to attract underrepresented populations to the teaching profession.

M.G.L. c. 15A, § 19C Master teacher corps program; regulations

c. 15A, § 19C. Master teacher corps program; regulations Section 19C. There shall be Massachusetts master teacher corps program for the purpose of building a group of recognized teachers of high achievement in the profession who shall serve to mentor incoming apprentice teachers and further the goals of the education reform act, so-called. The department of education shall administer this program. Funding for said program shall be subject to the provisions of section 35S of chapter 10. The board of education shall promulgate regulations, where necessary, for the effective implementation of such program. Such regulations shall include the following provisions: (1) The department may select master teachers who achieve master teacher status through certification from the National Board for Professional Teaching Standards, pass a challenging content test, and agree to mentor apprentice teachers. The department may develop and include alternatives to the NBPTS program provided such alternatives maintain equivalent or higher standards of excellence in teaching. (2) The department may provide master teachers with partial or full reimbursement for the assessment costs of said NBPTS certification. The department shall provide master teachers with ongoing salary bonuses for such master teachers. Such ongoing salary bonuses shall be limited to $5,000 per year. Within said $5,000 limit, the department may authorize a nominal payment to the school district of such master teachers to facilitate time for the master teacher to engage in mentoring activity. (3) Teachers with master teacher status shall have full parity in certification and compensation with teachers who earn a master's degrees from approved higher education institutions, notwithstanding the provisions of section 38G of chapter 71, or chapter 150E. (4) The program shall set forth an outreach plan to attract underrepresented populations to the teaching profession.

M.G.L. c. 15A, § 19D Scholarship program known as tomorrow's educators program; guidelines

c. 15A, § 19D. Scholarship program known as tomorrow's educators program; guidelines Section 19D. There shall be a scholarship program to be administered by the board, in consultation with the department of elementary and secondary education, which shall be known as the tomorrow's educators program to encourage students to teach in public schools by providing qualified students with scholarships for tuition, fees and additional costs of attendance as calculated by the student's institution of higher education, including, but not limited to, room and board, books and supplies, transportation, child care and personal expenses, for a bachelor's degree program or post-baccalaureate coursework at a public institution of higher education in the commonwealth leading to the certification required for employment at a public school. The program shall be subject to appropriation. The board shall promulgate guidelines governing the tomorrow's educators program which shall include the following: (1) Eligibility for the program shall be limited to high school graduates, undergraduate students and students enrolled in post-baccalaureate educator preparation programs who: (i) agree to complete a bachelor's degree or post-baccalaureate educator preparation program in a public institution of higher education in the commonwealth; (ii) successfully complete a bachelor's degree or post-baccalaureate educator preparation program at the institution of higher education and obtain the appropriate certification in accordance with section 38G of chapter 71; and (iii) commit to teaching for 4 years in a school district, as defined in section 2 of chapter 70, in the commonwealth. (2) An outreach plan to attract individuals from underrepresented populations to the education profession through the program, which shall diversify the educator workforce consistent with chapter 132 of the acts of 2019. (3) Procedures for repayment of the amount of scholarship benefits for persons who participate in the program but who fail to complete the 4-year teaching commitment; provided, however, that the procedures shall be designed to ensure there are no disincentives for low-income students to participate in the program and shall consider: (i) the amount of scholarship benefits the participant has received; (ii) the participant's current income if not working as a public school educator; (iii) whether the participant is currently working in another position that helps to support or educate students; and (iv) the amount of time the participant taught in a public school district in the commonwealth.

M.G.L. c. 15A, § 19E Principal and superintendent recruitment program

c. 15A, § 19E. Principal and superintendent recruitment program Section 19E. There shall be a principal and superintendent recruitment program for recruiting and training as principals and superintendents in public schools individuals from other professions who have the skills, experience and talent to be outstanding school principals and superintendents, but who do not meet the existing statutory and regulatory requirements to serve as principals and superintendents. The program shall include the use of financial incentives and other methods for recruiting candidates and innovative methods for providing the necessary training. The board of education shall promulgate regulations, where necessary, for the effective implementation of the program. The board shall establish standards that individuals who participate in the program shall meet to be authorized to serve as principals or superintendents. If the board determines that existing statutory or regulatory requirements for such service interfere with attracting highly qualified individuals from other professions who meet the standards established by the board, it may exempt such individuals from such requirements.

M.G.L. c. 15A, § 19F Early education and care educator scholarship program

c. 15A, § 19F. Early education and care educator scholarship program Section 19F. (a) Subject to appropriation, the board shall, in consultation with the board of early education and care, establish an early education and care educator scholarship program for current and prospective early education and care sector educators. The program shall be administered by the board, in consultation with the board of early education and care, consistent with clause (10) of the second paragraph of section 5 of chapter 15D. (b) To be eligible for the scholarship program, recipients shall demonstrate that they are either: (i) a current early education and care educator employed or seeking employment with an early education and care provider in the commonwealth; or (ii) a prospective early education and care educator who is enrolled in or has agreed to enroll in a certificate program or an associate, bachelor or graduate-level degree program in the early education and care field in the commonwealth; provided, however, that recipients of the scholarship program shall commit to providing early education and care in the commonwealth for a term of service to be determined by the board in consultation with the board of early education and care. (c) Preference for scholarships shall be given to applicants identified as educators who have displayed a proven commitment to early childhood education or who are members of a socially or economically disadvantaged community. (d) A scholarship granted pursuant to this section may be used to cover the cost of tuition, fees or course-related expenses, including, but not limited to, personal child care expenses incurred in order to attend classes and class meetings and other supports deemed appropriate by the board, in consultation with the board of early education and care, for current and prospective early education and care educators to obtain credentials or associate, bachelor or graduate-level degrees to meet the educator and program quality standards of the department of early education and care. (e) The board, in consultation with the board of early education and care, shall promulgate regulations or guidelines governing the scholarship program, which shall include procedures for repayment of the amount of scholarship benefits for a recipient who participates in the program but fails to complete the commitment under subsection (b) or other requirements.

M.G.L. c. 15A, § 19G Early education and care educator loan forgiveness program

c. 15A, § 19G. Early education and care educator loan forgiveness program Section 19G. (a) Subject to appropriation, the board shall, in consultation with the board of early education and care, establish an early education and care educator loan forgiveness program for early education and care educators pursuant to clause (10) of section 5 of chapter 15D. Preference for loan forgiveness shall be given to applicants identified as early education and care educators in the commonwealth who have displayed a proven commitment to early childhood education and who either: (i) work in communities predominantly serving children and families with high needs; or (ii) work in regions with a shortage of early education and care slots. (b) The board, in consultation with the board of early education and care, shall promulgate regulations or guidelines necessary to implement this section, which shall include procedures for default of the loan forgiveness program for a recipient who participates in the program but fails to complete the commitment or other requirements.

M.G.L. c. 15A, § 20 Educational opportunities information center

c. 15A, § 20. Educational opportunities information center Section 20. There shall be an educational opportunities information center in the office of the council to provide information and assistance to prospective college and university students, and to public and independent institutions of higher education on matters regarding student admissions, transfers, and enrollments. Such public institutions shall cooperate with the center by furnishing such nonconfidential information as may assist the center in the performance of its duties. The center may request and receive similar information from private or other public educational institutions to the commonwealth. An applicant for admission to an institution whose application is not accepted may send to the center appropriate nonconfidential information concerning his application. The center may, at its discretion and with permission of the applicant, direct the attention of the applicant to other institutions and direct the attention of other institutions to the applicant. The center may conduct such studies and analyses of admission, transfers and enrollments as may be deemed appropriate.

M.G.L. c. 15A, § 21 Board of trustees for Sec. 5 institutions; membership; qualifications; tenure; vacancies

c. 15A, § 21. Board of trustees for Sec. 5 institutions; membership; qualifications; tenure; vacancies Section 21. There shall be a board of trustees consisting of 11 members for each of the institutions named in section 5, other than the University of Massachusetts. Each board of trustees shall elect a chairman; provided, however, that in the case of community colleges, the governor shall appoint the chairman, who shall reside within the geographic region of the community college. Each community college board of trustees shall include a vocational-technical school district trustee, pursuant to section 4 of chapter 74, representing each vocational-technical school in the region, to serve as a non-voting member. One member of such board of trustees shall be an undergraduate student member from said institution, and 10 members shall be appointed by the governor pursuant to section 18B of chapter 6, at least 1 of whom shall be an alumnus of said institution and 1 of whom shall be elected thereto by the alumni association of said institution. Each elected alumnus member shall be elected every 5 years. No elected alumnus member shall serve for more than 2 consecutive terms. A vacancy in the position of elected alumnus member prior to the expiration of a term shall be filled for the remainder of the term in the same manner as elections to a full term. Student member eligibility shall be established by number of credit hours and grade point average established by the board of higher education after consultation with representatives from the higher education institutions. Each student member shall be elected by the student body annually, not later than May 15. The term of office of each elected student member of the board shall be 1 year and shall commence on July 1 following their election and terminate on June 30 of the following year. The student member shall be eligible for re-election for as long as the student member remains an eligible undergraduate student and maintains satisfactory academic progress as determined by the policy of the institution at which the student is enrolled. If at any time during the elected term of office the student member ceases to maintain the number of credit hours or grade point average determined for eligibility or fails to maintain satisfactory academic progress, the student member's membership on the board shall be terminated and the office of the elected student member shall be vacant; provided, however, that if the elected student member vacates their position upon graduation from the institution prior to July 1, the elected successor may assume the position of student member on the board effective from the date of graduation of their predecessor; and provided further, that the statutory time limit of 1 year of the successor student trustee shall commence to run on July 1 notwithstanding any taking of office prior to the commencement of said term. A vacancy in the office of the elected student member prior to the expiration of a term shall be filled for the remainder of the term in the same manner as students elected to full terms. Each community college board of trustees shall designate a member to serve as a non-voting member of the district trustees for vocational-technical schools that share the same geographic region as the community college. The designated member shall serve as a liaison between the 2 boards for the purposes of sharing information and developing policies that promote greater interaction between the community college and the vocational-technical schools while maximizing the educational resources available to individuals seeking to learn a trade or develop targeted employment skills. No member of a board of trustees shall be a member of the board of higher education except as otherwise required by section 4. No member of a board of trustees shall be principally employed within the public higher education system of the commonwealth; provided, however, that no more than one-third of the members shall be principally employed by the commonwealth. Membership on a board of trustees shall terminate if a member ceases to be qualified for appointment. Members shall be appointed to serve for five year terms, but no member shall be appointed for more than two consecutive terms. Members of the board shall serve without compensation but may be reimbursed for all expenses reasonably incurred in the performance of their duties. Any vacancy on a board of trustees shall be filled for the duration of the term, in the same manner as the prior appointment. If a member is absent from four regular meetings in any academic year, exclusive of July and August, that person's membership on the board shall terminate and a vacancy shall be deemed to exist. The chairman shall forthwith notify the governor when any vacancy exists. Each board of trustees shall from time to time advise the council on admissions programs, labor relations and program approval for its institution. Each board of trustees shall at their pleasure and with the approval of the council appoint and remove the chief executive officer of its institution; provided, however, that the council shall appoint voting member to assist the board of trustees in a search for the appointment of the chief executive officer.

M.G.L. c. 15A, § 22 Board of trustees of community colleges or state universities; powers and duties

c. 15A, § 22. Board of trustees of community colleges or state universities; powers and duties Section 22. Each board of trustees of a community college or state university shall be responsible for establishing those policies necessary for the administrative management of personnel, staff services and the general business of the institution under its authority. Without limitation upon the generality of the foregoing, each such board shall: (a) cause to be prepared and submit to the secretary and the council estimates of maintenance and capital outlay budgets for the institution under its authority; provided further, that the local board of trustees of a community college shall annually submit a report detailing estimates of maintenance, capital outlay budgets and proposed property acquisitions for the institution under its authority to the house and senate committees on ways and means, the secretary of administration and finance and the commissioner of capital asset management and maintenance on or before December 31; (b) establish all fees at said institution subject to guidelines established by the council. Said fees shall include fines and penalties collected pursuant to the enforcement of traffic and parking rules and regulations. Said rules and regulations shall be enforced by persons in the employ of the institution who throughout the property of the institution shall have the powers of police officers, except as to the service of civil process. Said fees established under the provisions of this section shall be retained by the board of trustees in a revolving fund or funds, and shall be expended as the board of the institution may direct; provided that the foregoing shall not authorize any action in contravention of the requirements of Section 1 of Article LXIII of the Amendments to the Constitution. Said fund or funds shall be subject to an audit by the state auditor, in accordance with generally accepted government auditing standards, as often as the state auditor determines is necessary; (c) appoint, transfer, dismiss, promote and award tenure to all personnel of said institution; (d) manage and keep in repair all property, real and personal, owned or occupied by said institution; (e) seek, accept and administer for faculty research, programmatic and institutional purposes grants, gifts and trusts from private foundations, corporations, federal agencies, alumnae and other sources, which shall be administered under the provisions of section two C of chapter twenty-nine and may be disbursed at the direction of the board of trustees pursuant to its authority; (f) implement and evaluate affirmative action policies and programs; (g) establish, implement and evaluate student services and policies; (h) recommend to the council admission standards and instructional programs for said institution, including all major and degree programs provided, however, that said admission standards shall comply with the provisions of section thirty; (i) have authority to transfer funds within and among subsidiary accounts allocated to said institution by the council; (j) establish and operate programs, including summer and evening programs, in accordance with the degree authority conferred under the provisions of this chapter; (k) award degrees in fields approved by the council; either independently or in conjunction with other institutions, in accordance with actions of the boards of trustees of said other institutions and the council; (l) submit a 5–year master plan to the secretary and the council, which plan shall be subject to the secretary's approval, in consultation with the council, and shall be updated annually according to a schedule determined by the secretary and the board in consultation with the board of trustees; (m) submit financial data and other data as required by the secretary and the board of higher education for the careful and responsible discharge of their purposes, functions, and duties. The data shall be reported annually to the secretary and the board of higher education according to a schedule determined by the secretary and the board of higher education in consultation with the board of trustees. The board of trustees shall also submit an annual institutional spending plan to the secretary and the council for review, comment, and transmittal to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on higher education. Spending plans shall be reported using a standardized format developed by the secretary, in consultation with the board of higher education and the institutional boards of trustees, in a manner to allow comparison of similar costs between the various institutions of the commonwealth. Said plan shall include an account of spending from all revenue sources including but not limited to, trust funds; (n) develop a mission statement for the institution consistent with identified missions of the system of public higher education as a whole, as well as the identified mission of the category of institution within which the institution operates. Said mission statement shall be forwarded to the secretary and the council for approval. The board of trustees shall, after its approval, make said mission statement available to the public; (o) submit an institutional self-assessment report to the secretary and the council, which the board of trustees shall make public and available at the institution. Said assessment report shall be used to foster improvement at the institution by the board of trustees and shall include information relative to the institution's progress in fulfilling its approved mission. Said report shall be submitted annually to the secretary and the board of higher education according to a schedule determined by the secretary and said board in consultation with the board of trustees. Said assessment report shall include an analysis of the collaboration between the community college and vocational technical schools and the training and job development programs implemented by the community college and vocational technical schools. (p) The board of trustees of an institution with the potential to expand its mission, profile, and orientation to a more regional or national focus may submit to the secretary and the board of higher education, for approval, a 5–year plan embracing an entrepreneurial model which leverages that potential in order to achieve higher levels of excellence pursuant to section 7. The board of trustees of each institution may delegate to the president of such institution any of the powers and responsibilities herein enumerated. The commonwealth shall indemnify a trustee of a community college or state university against loss by reason of the liability to pay damages to a party for any claim arising out of any official judgment, decision, or conduct of said trustee; provided, however, that said trustee has acted in good faith and without malice; and provided, further, that the defense or settlement of such claim shall have been made by the attorney general or his designee. If a final judgment or decree is entered in favor of a party other than said trustee, the clerk of the court where such judgment or decree is entered shall, within twenty-one days after the final disposition of the claim, provide said trustee with a certified copy of such judgment or entry of decree, showing the amount due from said trustee, who shall transmit the same to the comptroller who shall forthwith notify the governor; and the governor shall draw his warrant for such amount on the state treasurer, who shall pay the same from appropriations made for the purpose by the general court.

M.G.L. c. 15A, § 22A Reggie Lewis Track and Athletic Center; establishment; powers and duties of board

c. 15A, § 22A. Reggie Lewis Track and Athletic Center; establishment; powers and duties of board Section 22A. (a) For purposes of this section, the following words shall have the following meanings:- ''Board'', the board of trustees of the Roxbury Community College. ''Center'', the Reggie Lewis Track and Athletic Center established in subsection (b). ''College'', the Roxbury Community College. ''Use for nonpublic purposes'', shall include, but not be limited to, the leasing or renting of the building for commercial entertainment activity. ''Use for public purposes'', shall include, but not be limited to, use by public high school track programs, members of the abutting residential community or by members of the community at large and students, faculty, staff and alumni at Roxbury Community College. (b) There shall be established the Reggie Lewis Track and Athletic Center at Roxbury Community College. The center shall be a building containing a Massachusetts state track facility which shall be maintained at the college for public purposes. In the event the facility is not in use for public purposes, the board may permit use for nonpublic purposes for a rental amount to be determined by said board. (c) The board shall be responsible for the management and operation of the center including, but not limited to, the following:- (i) establishing user fees; (ii) entering into agreements with the Massachusetts State Track Coaches Association, with other public groups and, pursuant to this section, with nonpublic groups for nonpublic purposes; (iii) establishing rules and regulations for the use of the center by Massachusetts public high school track programs, by members of the abutting residential neighborhoods and members of the community at large, by students, faculty and staff and alumni of Roxbury Community College, and, by nonpublic groups for nonpublic purposes in accordance with this section; (iv) deciding the priority of uses and schedule for the center, with input from an advisory committee; and (v) entering into agreements with vendors to provide concession stand services and other agreements as deemed necessary by the board for the maintenance and operation of the center. (d) The center shall be made available without charge for use by public high school track programs and Roxbury Community College. The center shall be made available on a user fee basis for members of the public. The center shall be made available at market rate, as determined by the board, for use for nonpublic purposes so long as the center is not being used for public purposes. (e) The annual operating expenses of the center shall be separate and distinct from appropriations within the general appropriations act for the college, shall use a separate item of appropriation and shall be audited biennially by the state auditor.

M.G.L. c. 15A, § 23 Board of trustees; estimate for institution's ordinary maintenance and revenues

c. 15A, § 23. Board of trustees; estimate for institution's ordinary maintenance and revenues Section 23. Each board of trustees shall periodically prepare and submit to the secretary and the council an estimate, in detail, for the ordinary maintenance of its institution, including the salaries of all officers and employees of said institution and all revenues therefrom and any other such information as the secretary and the council may require or as provided in section three of chapter twenty-nine. Each board of trustees shall make requests to the council under the provisions of section seven of chapter twenty-nine.

M.G.L. c. 15A, § 24 Board of trustees; authorized purchases

c. 15A, § 24. Board of trustees; authorized purchases Section 24. Notwithstanding any other provision of law to the contrary, each board of trustees shall have the authority to make any purchase or purchases in the amount of two thousand dollars or less, and to purchase without limitation of amount library books and periodicals, educational and scientific supplies and equipment, printing and binding, emergency repairs and replacement parts, and perishable items, without recourse to any other state board, bureau, department or commission; provided, however, that in so doing the college shall follow modern methods of purchasing and shall, wherever practicable, invite competitive bids. Except as herein provided, the state purchasing agent shall on the certification of availability of funds purchase all items specified on requisitions submitted to him by any such board of trustees; provided, that the board of trustees shall have the right to review all bids received on any said board's requisitions and to make binding recommendations on the award of the contract based on the judgment of the board as to which of the bids best meet said board's specification on which the bids were received. Products assembled, manufactured or otherwise produced by the Massachusetts commission for the blind shall be purchased from the commission pursuant to the provisions of section one hundred and thirty-four of chapter six.

M.G.L. c. 15A, § 24A Cooperative purchasing; Massachusetts higher education consortium

c. 15A, § 24A. Cooperative purchasing; Massachusetts higher education consortium Section 24A. With respect to purchases by a board of trustees authorized by section 24, including a purchase by the board of trustees of the University of Massachusetts as authorized by section 13 of chapter 75, a board of trustees and the board of higher education may join together for its purchases with one or more public or private educational institutions for the purpose of forming or joining a cooperative purchasing consortium to be known as the Massachusetts Higher Education Consortium; provided, however, that each such educational institution shall accept sole responsibility for all payments, debts and liabilities due the vendor for its share of such purchases. Said consortium shall be governed by a board of directors elected by its member institutions. Any paid staff of the consortium shall be located on the campus of a public member. Compensation of such staff shall be paid by dues or other consortium income and not by appropriation by the commonwealth; provided, however, that such staff may only enter into purchase agreements that have been procured through public bidding. Said consortium shall publish an annual report of its activities, which report shall include an audited financial statement which shall have been independently audited by a certified public accountant.

M.G.L. c. 15A, § 25 Refusal to elect and contract with blind teaching candidates

c. 15A, § 25. Refusal to elect and contract with blind teaching candidates Section 25. The council or a board of trustees shall not refuse to elect and contract with a candidate for a teaching position in any public institution of higher education because of the blindness of such candidate.

M.G.L. c. 15A, § 26 Summer sessions; evening classes

c. 15A, § 26. Summer sessions; evening classes Section 26. Each public institution of higher education may conduct summer sessions, provided such sessions are operated at no expense to the commonwealth. Each public institution of higher education may conduct evening classes, provided such classes are operated at no expense to the commonwealth. This section shall not apply to the community college segment, as defined in section 5.

M.G.L. c. 15A, § 27 Dormitories; nonsmoking rooms; rules and regulations

c. 15A, § 27. Dormitories; nonsmoking rooms; rules and regulations Section 27. Each public institution of higher education which provides housing for students in dormitories shall establish rules and regulations providing that a certain number of dormitory rooms shall be reserved for nonsmokers. Each such public institution shall provide a space on the application for admission or student housing for the applicant to indicate whether he would prefer to reside in a room where smoking was prohibited or whether he would prefer to reside in a room where smoking was allowed.

M.G.L. c. 15A, § 28 Establishment and maintenance of bank branch on grounds of public higher education institutions

c. 15A, § 28. Establishment and maintenance of bank branch on grounds of public higher education institutions Section 28. Notwithstanding any contrary provisions of law, the board of bank incorporation or the commissioner of banks is hereby authorized to allow a bank, as defined in section one of chapter one hundred and sixty-seven, to establish and maintain a branch on the grounds of any public institution of higher education in the commonwealth, provided that the council shall determine the method and terms of the lease if applicable or rental thereof.

M.G.L. c. 15A, § 29 Definitions; use of student fee funds for legislative agents' costs

c. 15A, § 29. Definitions; use of student fee funds for legislative agents' costs Section 29. (a) As used in this chapter and in chapters seventy-three, seventy-five, seventy-five A, and seventy-five B, the following words shall have the following meanings:— ''Waivable fee'', any amount payable on a student tuition bill, but not a mandatory charge, appearing as a separately assessed item, accompanied by a statement as to the nature of said item and that said item is not a charge required to be paid by the student. Preceding each waivable fee shall be a statement in bold print stating that if the student does not want to contribute to the following nonpartisan organization, a mark must be placed in the respective box for said nonpartisan organization. If the student does want to contribute, said box should not be marked. The student tuition bill will also provide the student with the total amount due including the waivable fee and the total amount due excluding the waivable fee, and that said item appears on the bill at the request of the student body and does not necessarily reflect the endorsement of the board of trustees. ''Student organization'', any organization of students at public post-secondary educational institutions which is open to membership of all students who pay the waivable fee and is controlled by its student members. ''Nonpartisan'', as applied to student organizations not endorsing or adhering to particular ideological or religious positions in the articles of incorporation, charter, constitution, or by-laws. ''Official student referendum'', a referendum vote of the student body which is sanctioned by the college-recognized student governmental association and certified by said student governmental association as valid. ''Optional fee'', any amount payable on a student tuition bill, but not a mandatory charge or waivable fee, appearing as a separately assessed item, accompanied by a statement as to the nature of said item and that said item is not a charge required to be paid by the student but rather the student may add said charge to the total amount due, and that said item appears on the bill at the request of the student body and does not necessarily reflect the endorsement of the board of trustees. (b) Nonmandatory student fees to nonpartisan student organizations which employ legislative agents as defined in section thirty-nine of chapter three, or to nonpartisan student organizations attempting to influence legislation as defined in section forty-four of said chapter three, shall be paid on student tuition bills by a waivable fee whenever students have authorized said fee by a majority vote of those students voting in an official student referendum. The continuation of said waivable fee on the student tuition bill may be subject to reauthorization by an official student referendum every two years. Necessary administrative costs arising in connection with the collection of said fee may be billed by the board of trustees to the student organization at the time of the transfer of funds collected to said student organizations. (c) The boards of trustees shall not allow any funds for legislative agents as defined in section thirty-nine of said chapter three or organizations attempting to influence legislation as defined in section forty-four of said chapter three to be assessed on student tuition bills; provided, however, that waivable fees for nonpartisan student organizations which employ said legislative agents or attempt to influence legislation shall be collected by the boards of trustees whenever students have authorized a waivable fee by a majority vote of those students voting in an official student referendum. Said waivable fees shall be collected as provided in paragraph (b). (d) No funds collected as a mandatory student activities fee shall be paid to legislative agents as defined in section thirty-nine of said chapter three or organizations attempting to influence legislation as defined in section forty-four of said chapter three. (e) As used in this section, the term ''legislative agent'' or ''organization attempting to influence legislation'' shall not include any student government association or associations, individually or collectively, or any organization comprised of representatives of such associations, which are selected by students through referendum to be an official representative of the student body.

M.G.L. c. 15A, § 30 Developmentally disabled residents; waiver of standardized college entrance aptitude tests

c. 15A, § 30. Developmentally disabled residents; waiver of standardized college entrance aptitude tests Section 30. No resident of the commonwealth who has been diagnosed as being developmentally disabled, including but not limited to, having dyslexia or other specific language disabilities, by any evaluation procedure prescribed by chapter seventy-one B, or equivalent testing, shall be required to take any standardized college entrance aptitude test to gain admittance to any public institution of higher education in the commonwealth. Admission shall be determined by all other relevant factors excluding standardized achievement testing. The provisions of this section shall not apply to any person solely because of blindness or visual impairment, regardless of age at which such individual became blind or visually-impaired.

M.G.L. c. 15A, § 30A Developmentally disabled residents; waiver of requirements; guidelines to select students to participate in higher education; associated costs; behavioral policies; liability; duty of care; annual report

c. 15A, § 30A. Developmentally disabled residents; waiver of requirements; guidelines to select students to participate in higher education; associated costs; behavioral policies; liability; duty of care; annual report Section 30A. (a) In order to ensure that individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities participate as non-matriculated students in undergraduate academic courses, internships, work-based trainings, extracurricular activities and all other aspects of campus life that include other students not participating under this section, such individuals shall not be required to: (i) take any standardized college entrance aptitude test; (ii) have a high school diploma or its equivalent; (iii) meet high school course requirements; (iv) meet minimum grade point average requirements; or (v) obtain a passing score on the statewide assessment tests utilized as a basis for competency determination under section 1D of chapter 69; provided, however, that such individuals shall be eligible to participate in noncredit and credit-bearing courses in audit status in situations where such individuals do not meet course prerequisites and requirements. (b) Public institutions of higher education, in consultation with the department of higher education, and consistent with the purposes of this section, shall establish guidelines to select students to participate in higher education pursuant to this section, including, but not limited to, guidelines addressing campus capacity regarding the number of students that may participate; provided further, that public institutions of higher education may establish guidelines that limit selection of students to individuals receiving support to participate pursuant to this section from the department of developmental services, MassAbility, other state agencies, or the individual's school district. An individual shall not be denied an opportunity to participate in higher education solely due to the individual's disability status. Public institutions of higher education, in consultation with the department of higher education and consistent with the purposes of this section, shall also establish course selection guidelines to ensure that participating individuals select courses that are appropriate to their individual strengths, needs, preferences and interests. Participating individuals shall be permitted to: (i) take a credit-bearing undergraduate academic course for credit if they have met the course prerequisites and requirements; or (ii) audit a credit-bearing undergraduate academic course, consistent with campus policies governing selection of students for audit participation, if they have not met the course prerequisites and requirements. Individuals participating in a public institution of higher education pursuant to this section shall have the opportunity to participate for the same number of semesters as the average number of semesters required of matriculating students to earn a degree at the institution; provided, however, that any public institution of higher education may allow an individual to participate for a longer duration to address the circumstances and needs of the individual. Nothing in this section shall require a public institution of higher education to provide course enrollment or audit preference for individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities relative to other individuals seeking to enroll in or audit a course. Nothing in this section shall require a public institution of higher education to include individuals with severe intellectual disabilities, severe autism spectrum disorders or other severe developmental disabilities in graduate programs and courses, programs and courses with selective admission or continuing education courses. (c) In order to support inclusion of participating students in academic courses, extracurricular activities and other aspects of campus life, individual supports and services shall be provided to individuals participating in higher education pursuant to this section, subject to availability of sufficient public or private funds, including, but not limited to, the Massachusetts Inclusive Concurrent Enrollment Initiative Trust Fund established pursuant to section 2VVVVV of chapter 29; provided, however, that a public institution of higher education shall not be required to bear the costs of individual supports and services that exceed the kind of supports and services generally provided by the public institution of higher education; provided further, that public institutions of higher education may limit selection and participation to individuals receiving supports and services from the department of developmental services, MassAbility, other state agencies, or the individual's school district pursuant to this section. Costs associated with supporting participation in public institutions of higher education under this section shall be: (i) an approved expense as a special education service pursuant to section 5 of chapter 71B and shall be considered secondary school education; provided, however, that a student's participation in higher education is addressed in the student's Individualized Education Program under section 3 of said chapter 71B for students ages 18 to 21 years old, inclusive; provided further, that such student is considered to have a severe intellectual disability, a severe autism spectrum disorder or other severe developmental disability; provided further, that in the case of students who are age 18 or 19, participation shall be limited to students who have been unable to obtain a passing score on the statewide assessment tests utilized as a basis for competency determination under section 1D of chapter 69; provided further, that in the case of students ages 20 or 21, participation shall be limited to students who have been unable to obtain a passing score on the statewide assessment tests utilized as a basis for competency determinations under said section 1D of said chapter 69 or who have already been determined eligible for special education and have also been determined by the Individualized Education Program team to have severe functional delays impacting independent living, communication or behavioral skills resulting in skills that are significantly below chronological age; and provided further, that nothing in this section shall impose an additional cost on a school committee beyond the cost of what is required under said chapter 71B or 20 U.S.C. 1400 et seq.; (ii) subject to the availability of federal funding and appropriation provided under section 74 of chapter 6 for individuals who are determined eligible for vocational rehabilitation services; provided, however, that access to higher education assists in the attainment of an identified employment goal, as determined by MassAbility, consistent with all applicable regulations and subject to the development of an individualized plan for employment; or (iii) subject to appropriation, for individuals 22 years of age or older who are determined eligible for services under chapter 19B; provided, however, that the individual supports and services are determined to be an appropriate support, of the type, frequency and duration identified in an assessment conducted by the department of developmental services, and subject to the development of an annual individual support plan; provided further, that services and supports shall be provided in consultation with a school district, department of developmental services, MassAbility, or other public agencies if such agencies are supporting the individual participating in the program. Costs of participation may be covered by any other public or private sources available to the student; provided, however, that selection of individuals participating in higher education pursuant to this section shall not be based solely on whether payment sources are public or private. The planning, implementation, coordination, staffing, administrative and other related costs to support participation shall be covered by the Massachusetts Inclusive Concurrent Enrollment Initiative Trust Fund established pursuant to section 2VVVVV of chapter 29 or the grant program established pursuant to section 17 of chapter 71B or other public or private funding sources. (d) Individuals participating under this section shall be required to follow the public institution of higher education's student behavioral policies, including the student code of conduct and anti-discrimination and sexual violence policies; provided, however, that the public institution of higher education shall provide such policies in accessible formats and shall provide reasonable accommodations for participating individuals in any process instituted thereunder. (e) Nothing in this section shall impose any liability against any school district or any public institution of higher education, including trustees, officers, administrators or employees of the school district or public institution of higher education. (f) Nothing in this section shall create or impose a specific duty of care nor shall this section create or impose a private right of action against any school district or any public institution of higher education, including trustees, officers, administrators or employees of a school district or public institution of higher education. (g) Annually, not later than September 1, each institution of higher education shall file a report with the department of higher education, the joint committee on higher education, the joint committee on education, the senate and house committees on ways and means and the clerks of the senate and the house of representatives regarding participation of individuals with severe intellectual disabilities, severe autism spectrum disorder, and other severe developmental disabilities pursuant to this section. The report shall include, but not be limited to: (i) data detailing the number of students participating pursuant to this section each semester, including, but not limited to gender, race and ethnicity of the students; (ii) a list of all courses taken by participating students during the academic year, indicating whether the students audited the course or participated in the course for credit; (iii) a list of extracurricular activities, internships, clubs and other activities in which such students participate during the academic year; (iv) a summary of innovative strategies and practices implemented at each institution of higher education that foster relationships with school districts, the department of developmental services, MassAbility and other public agencies; (v) employment data for students participating pursuant to this section obtained to the best of the ability of institutions of higher education; and (vi) any relevant information regarding successful outcomes or challenges the institution experienced in the academic year. The department shall review the reports and shall take steps necessary to ensure the institution is including individuals pursuant to this section. The reports may be used to enhance constructive conversations between the department and institutions of higher education that contribute to developing a full understanding of best practices in implementing this section. The department may also choose to refer any report to the secretary of education for further analysis in order to further improve implementation of this section.

M.G.L. c. 15A, § 31 Administrative expenses; determination of qualifying expenditures

c. 15A, § 31. Administrative expenses; determination of qualifying expenditures Section 31. The council shall define which of those expenses at the institutional level are to be considered administrative expenses. In preparing their annual spending plans, each board of trustees shall indicate the amount of spending which falls under said definition. The council shall make public the amount of administrative spending at each institution and may, as a result, make recommendations relative to reducing such spending to provide for more efficient administration of the system of public higher education.

M.G.L. c. 15A, § 32 Student assessment system

c. 15A, § 32. Student assessment system Section 32. The council shall prepare a system of student assessment, to be administered within the public system of higher education, to measure student improvement, between the first and fourth years of attendance at public higher education institutions, on various tasks, including, but not limited to, ability to reason, communication and language skills, and other factors the council deems appropriate to evaluate, in order to assess the general performance of higher education institutions in fostering learning and academic growth. The council shall determine the method of assessment and shall publish the results of such assessment.

M.G.L. c. 15A, § 33 Report assessing overall faculty productivity and teacher effectiveness

c. 15A, § 33. Report assessing overall faculty productivity and teacher effectiveness Section 33. The council shall publish a report, on or before January first, nineteen hundred and ninety-five, and every four years thereafter, assessing overall faculty productivity and overall teacher effectiveness within the public system of higher education. Said report may include narrative research and statistical data which the council deems appropriate. Any data or information gathered for said report is not intended to be and shall not be used for the evaluation of the performance of any individual faculty member and the identity of individual faculty members shall be confidential. Said report shall also include information gained from students, both present and former, and shall further include information obtained from the commonwealth's business community relative to work force preparation. The report shall draw comparisons between institutions and types of institution, as well as between the commonwealth's public higher education system and those in other states, to the extent feasible.

M.G.L. c. 15A, § 34 Benchmark study of public higher education system

c. 15A, § 34. Benchmark study of public higher education system Section 34. It is hereby declared the policy of the commonwealth to provide and ensure an accurate and objective study of the public system of higher education in order to fulfill the goals and purposes of this chapter. Subject to appropriation a benchmark study of the public system of higher education shall be undertaken to determine the strengths and weaknesses of said system and to propose strategies and directions for the board of higher education and the system as a whole to take in order to fulfill its mission more effectively. Said benchmark study shall be conducted by a panel of nationally recognized objective experts in the field of higher education whose members shall be selected by the council, through the consultation with the joint committee on education, the arts and humanities, and the ways and means committees of the house and senate. Said benchmark study shall be filed with the clerks of the senate and the house of representatives no later than December first, nineteen hundred and ninety-nine, and shall be made available to the public. The aforementioned study shall be conducted at least every seven years, subject to appropriation.

M.G.L. c. 15A, § 35 Professional development schools grant program

c. 15A, § 35. Professional development schools grant program Section 35. There is hereby established a professional development schools grant program. The board of education shall award grants to exemplary public schools and to cooperating public or private institutions of higher education in the commonwealth to establish collaborative programs for the purpose of fostering improved teacher training and professional development. In order to be eligible for a professional development school grant a school in cooperation with one or more public or private institutions of higher education shall jointly submit a program application which shall include, but not be limited to, a statement of program objectives covering a three year period, a program plan with specific timelines for implementation, and a plan for program evaluation. The program designated in the application must be approved by the faculty of the institution of higher education, the teachers, administrators and other professional staff of the public school, the superintendent of schools and by majority vote of the school committee and school improvement council. The board of education shall give priority to those programs in which the teacher training and professional development activities will take place in the public school. Grants awarded under this section, to the extent that said funds are allocated to the public school, shall be deposited with the town, city, or regional district treasurer in a separate account to be expended, without further appropriation, by the school committee for the purposes of the professional development schools grant. The board of education may contract with any public institution of higher education or nonprofit corporation, which has the requisite knowledge and experience in teacher training for the purpose of administering the professional development schools grant program.

M.G.L. c. 15A, § 36 Public schools' eligibility for funds through professional development schools grant program

c. 15A, § 36. Public schools' eligibility for funds through professional development schools grant program Section 36. No public school shall receive funds through the professional development schools 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 in any fiscal year commencing on July first, nineteen hundred and eighty-five, or (2) any schools receiving professional development school grants have received average per pupil support less than that received on average by all 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 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 shall consider as eligible those schools 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.

M.G.L. c. 15A, § 37 Foundations created for public institutions of higher education; governing boards; annual reports; audits

c. 15A, § 37. Foundations created for public institutions of higher education; governing boards; annual reports; audits Section 37. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Foundation'', an organization which is (a) either (i) a corporation within the meaning of clause (c) of section two of chapter one hundred and eighty and subject to the provisions of said chapter one hundred and eighty, except as herein provided, or (ii) a public charitable trust constituted and operating as such and subject to the requirements of law governing such trusts, except as herein provided; (b) organized and operated exclusively for the benefit of an institution of public higher education; and (c) certified by the board of trustees of the institution which it supports to be operating in a manner consistent with the goals and policies of the institution. ''Institution'', a public institution of higher education in the commonwealth. (b) A corporation or trust which is not certified as provided herein or whose certification has been revoked by the board of trustees of the institution which it supports, shall not use the name of such institution (i) for fundraising without written permission of the board of trustees of such institution, or (ii) in the name of such corporation or trust. (c) Each foundation shall have a governing board to oversee its operation. In no event shall institutional trustees and employees constitute one-half or more of the voting members of such foundation's governing board. The governing board of such foundation shall annually file a list of the members and officers of such board with the institution's board of trustees. (d) The board of trustees of an institution which a foundation supports is authorized to permit the use without compensation of facilities and personnel services of the institution by the foundation; provided, however, that in no event shall an employee of the institution spend more than twenty-five percent of his work hours engaged in services for a foundation. (e) All gifts from a foundation to an institution shall be approved for acceptance by the board of trustees in accordance with applicable institutional policies. A person soliciting funds or any other thing of value on behalf of a foundation from a person, firm, corporation or other entity shall, at the time of the solicitation, clearly and conspicuously disclose to the potential donor that the donations are to be provided to the foundation and not to an institution and that the donor may request in writing that the donor's identity not be publicly disclosed. (f) Each foundation shall provide an annual report of its financial accounts prepared in accordance with generally accepted accounting principles to the board of trustees of the institution which it supports. The board of trustees may require any supplemental data relative to the operations of the foundation. The identity of donors who wish to remain anonymous shall be protected and anonymity of such donors shall be maintained in all audit reports. The annual financial report when received by a board of trustees shall be considered a public record as defined in clause twenty-sixth of section seven of chapter four. (g) The state auditor shall have the authority, upon request by the institution or upon his own initiative, to audit transfers to or expenditures from foundation accounts of public funds, use of employees paid with public funds to staff the foundation and the existence of contracts or agreements between a foundation and an institution. (h) A foundation certified by an institution's board of trustees under the provisions of this section shall not be deemed to be an agency, board, bureau, department, division, commission, authority or other subdivision of the commonwealth. Members of the governing boards of a foundation who are not already state employees shall not be considered to be state employees for the purposes of chapters two hundred and sixty-eight A and two hundred and sixty-eight B.

M.G.L. c. 15A, § 38 Military recruiters; on-campus recruiting

c. 15A, § 38. Military recruiters; on-campus recruiting Section 38. Notwithstanding any other provision of law to the contrary, all public institutions of higher education shall offer the same student information and on-campus recruiting opportunities to representatives of the state or United States armed services as is offered to non-military recruiters.

M.G.L. c. 15A, § 39 Secondary education students qualified to enroll in higher education institutions

c. 15A, § 39. Secondary education students qualified to enroll in higher education institutions Section 39. A qualified student enrolled in a public secondary school may enroll as a student in Massachusetts public institutions of higher education. The student shall earn both secondary school and college credits. Students may enroll either full time or for individual courses. The board of education in consultation with the board of higher education, shall define which students may qualify for this program, establish criteria for admission, and otherwise administer this program. For the purpose of encouraging the enrollment of nonpublic secondary school students in the system of public institutions of higher education, such students shall be eligible to participate in the program established by this section; provided, however, that the crediting of such attendance for the purpose of receiving a high school diploma shall be in the sole discretion of the nonpublic school.

M.G.L. c. 15A, § 40 Optional retirement system; providers; regulations; participation; funds

c. 15A, § 40. Optional retirement system; providers; regulations; participation; funds Section 40. (1)(a) Notwithstanding the provisions of chapter thirty-two of the General Laws, or of any general or special law to the contrary the board of higher education shall establish an optional retirement program under which custodial accounts described in section 403(b)(7) of the Internal Revenue Code, as it may be amended from time to time, or contracts providing retirement and death benefits may be purchased for eligible members who elect to participate in the program. The benefits to be provided for participants in such optional retirement program shall be provided through such custodial accounts or individual or group annuity contracts, which may be fixed or variable in nature, or a combination thereof; provided that, at all times, those annuity contracts issued by licensed insurers under the optional retirement program shall provide the minimum values and guarantees required by the laws governing such contracts in the commonwealth; and provided, further, that the benefits shall be payable only to participants in the program or their beneficiaries, and such benefits shall be paid only by the selected providers in accordance with the terms of the custodial accounts, annuity contracts or certificates providing coverage to the participant; provided that such optional retirement program shall not allow a participant to withdraw contributions while an active participant in the commonwealth's optional retirement program. (b) Said council shall select at least two but no more than four providers for the optional retirement program and enter into contracts with them in accordance with the laws governing the procurement of services for executive agencies of the commonwealth, provided that such procurements shall not be subject to the approval of the commissioner of administration; provided, further, that the selected providers shall be authorized to conduct business within the commonwealth, and each and every provider or issuer of annuity contracts under the optional retirement program which is a life insurance company shall hold a certificate of authority to do a life insurance business in the commonwealth, maintain the minimum required capital and surplus required for life insurance companies under the laws of the commonwealth, be a member of the commonwealth's life and health insurance guaranty association and be a member of the life and health insurance guaranty associations in any and all jurisdictions where required by law with similar retirement programs funded in whole or in part through the provider's annuities in which participants in the optional retirement program might participate upon transfer of employment; and provided, further, that said council shall coordinate the transfer of funds and information between payroll centers, the selected providers and plan participants. (c) The council shall promulgate regulations governing the administration of and participation in the plan. Such regulations shall be subject to the provisions of chapter thirty A, and a copy of such regulations, and any amendments thereto, shall be filed in advance of their taking effect with the general court. The council shall file the proposed regulation, amendment or repeal with the clerk of the house of representatives, who shall refer such regulations to the joint committee on public service. Within thirty days after such referral, the committee on public service may hold a public hearing on the regulations and shall issue a report to the council. Said report shall contain any proposed changes to the regulations voted upon by the public service committee. The council shall review said report and shall adopt final regulations as deemed appropriate in view of said report and shall file with the chairmen of the public service committee its final regulations. If the final regulations do not contain the changes proposed by the public service committee, the council shall send a letter to the public service committee accompanying the final regulations stating the reasons why such proposed changes were not adopted. Not earlier than forty-five days after the filing of such letter and final regulations with the public service committee, the council shall file the final regulations with the state secretary as provided in section five of said chapter thirty A and said regulations shall thereupon take effect. If no such proposed changes to the regulations are made to the council within sixty days of the initial filing of the proposed regulation or any amendment or a repeal of such regulation with the clerk of the house of representatives, the council may file the final regulations with the state secretary as provided in section five of said chapter thirty A and said regulations shall thereupon take effect. (2)(a) Participation in the optional retirement program provided by this section shall be limited to persons who are otherwise eligible for membership in the state employees' retirement system as established under the provisions of chapter 32; provided, however, that they are faculty members, chancellors, vice chancellors, presidents, vice presidents, deans, or holding a position classified as a senior administrator IV, senior administrator III, senior administrator II, senior administrator I of the board of higher education or public institutions of higher education, as defined in section 5. (b) Elections to participate in the optional retirement program shall be made as follows: (i) Any eligible employee who is initially appointed on or after the effective date of the optional retirement program may elect in writing, or in another form acceptable to the council, to participate in the optional retirement program within 180 days of the effective date of the appointment. Any such election shall be effective as of the effective date of appointment. If an eligible employee fails to make an election as provided in this paragraph, such employee shall become a member of the state employees' retirement system established under the provisions of said chapter thirty-two. (ii) Any eligible employee who is a member of any retirement system established under the provisions of said chapter thirty-two on the effective date of the optional retirement program but who has less than ten years of creditable service on the effective date of the optional retirement program may elect in writing, or in another form acceptable to the council, to participate in the optional retirement program within ninety days after the effective date of the optional retirement program. Any such election shall become effective on the first day of the pay period next following such election, and shall constitute a waiver of all retirement benefits to which the individual may be entitled as an employee under any retirement system established under the provisions of said chapter thirty-two. (iii) Any employee who is a member of any retirement system established under the provisions of said chapter thirty-two but who has less than ten years of creditable service on the date such employee becomes eligible to participate in the optional retirement program may elect in writing, or in another form acceptable to the council, to participate in such optional retirement program within ninety days of the date said employee becomes eligible. Any such election shall become effective on the first day of the pay period next following such election, and shall constitute a waiver of all retirement benefits to which the individual may be entitled as an employee under any retirement system established under the provisions of said chapter thirty-two. (iv) Any eligible employee electing to participate in the optional retirement program shall be ineligible for membership in the state employees' retirement system as long as he remains continuously' employed in any eligible position within a public institution of higher education, as defined in section five; provided, that the election by an eligible employee to participate in the optional retirement program shall be irrevocable for so long as the employee continues to meet the eligibility requirements; provided further, however, if an employee becomes ineligible to continue in the optional retirement program, the employee shall thereafter participate in the state employees' retirement system established in accordance with the provisions of said chapter thirty-two. (3)(a) Any eligible employee electing to participate in the optional retirement program shall not be required to make contributions to the state employee's retirement system but shall contribute to the optional retirement program an amount equal to the contribution which would have been required had such employee been a member of the state employees' retirement system. (b) For each eligible employee electing to participate in the optional retirement program, there shall be an employer contribution in an amount equal to five percent of each employee's regular compensation, as defined in section one of chapter thirty-two, to the optional retirement program and a plan established to provide life and disability benefits to all participants in the program, which contribution shall be funded by the commonwealth and accounted for separately in the commonwealth funding schedule as defined in section 1 of chapter 32; provided, however, that not more than one percent of said contribution shall be made to the plan established to provide said life and disability benefits; and provided, further, that the balance of said contribution shall be remitted to the appropriate provider for application to the participating employee's contract or custodial account, less any monthly fees established by the council and approved in advance by the state comptroller in order to cover the reasonably necessary direct costs incurred by the council in establishing and administering the plan; and provided, further, that no funds shall be invested in any bank or financial institution which directly or through any subsidiary has outstanding loans to any individual or corporation engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland, and no assets shall be invested in the stocks, securities or other obligations of any such company so engaged. (c) If any eligible employee is a member of any retirement system established under the provisions of said chapter thirty-two at the time such employee elects to participate in the optional retirement program, the employee may direct that the amount of the accumulated total deductions, and any interest to which the employee would be entitled under said chapter thirty-two if the employee withdrew from the system, credited to such employee's account in such retirement system be transferred directly to such employee's account in the optional retirement program. Any such transfer shall be made in the form of a direct trustee-to-trustee transfer in compliance with the requirements of subchapter D of chapter one of the federal Internal Revenue Code. (d) The funds accumulated under the optional retirement program shall be exempt from taxation. The rights of a participant to a custodial account, an annuity, the annuity contracts or certificates providing coverage to participants, and all right in and to the funds accumulated under the custodial accounts, annuity contracts or certificates shall be exempt from taxation, including income taxes levied under the provisions of said chapter sixty-two. No assignment of any right in or to any funds or annuities under the optional retirement program shall be valid except such assignment as may be made for the purpose of making restitution in the case of dereliction from duty by any participant as set forth in section fifteen of said chapter thirty-two as long as such assignment does not violate the restrictions of the Internal Revenue Code; provided that nothing in this section shall prevent a participant's custodial account or annuity from being attached, taken on execution, assigned, or subject to other process to satisfy a support order under chapter two hundred and eight, two hundred and nine, or two hundred and seventy-three as long as such order constitutes a qualified domestic relations order under the terms of the Internal Revenue Code. (e) Any eligible employee enrolled in the optional retirement program who retires and wishes to retain his group insurance coverage as provided in chapter 32A, or retires and wishes to enroll in group insurance coverage pursuant to said chapter 32A, may do so in the same manner, and subject to the same limitations and requirements as an active employee member of the state retirement system. Any eligible employee enrolled in the optional retirement program who retains or enrolls in the group insurance coverage upon retirement shall be deemed to have authorized his optional retirement program plan provider to deduct from the retired employees account, on a monthly basis, and forward to the group insurance commission, an amount equal to the retired employee's share of the premium as set by said chapter 32A and each annual appropriation act. Each optional retirement program plan provider shall be required to deduct and forward said premium amounts, as determined by the group insurance commission, to the group insurance commission in advance of the month for which the premium is due and in a manner as may be prescribed by the group insurance commission. For group insurance commission purposes employees who were members of the state retirement system when they became eligible to participate in the optional retirement program, and who then enrolled in the optional retirement program, may add their time in the state retirement system to their time in the optional retirement program in determining years of creditable service. (f) After December 31, 1995, no contribution shall be made under any provision of this section in excess of, or on the basis of compensation in excess of, any limitation that may be imposed pursuant to federal law, including, but not limited to, the limitations in 26 U.S.C. sections 401(a)(17), 402(g), 403(b) and 415, to the extent such limitations apply. The board of higher education may adopt rules and regulations as it deems necessary from time to time to effectuate the purposes of this section, including, but not limited to, rules or regulations establishing such limitations only when it determines that such limitations are necessary to comply with applicable provisions of the United States Internal Revenue Code. For these purposes section 13212(d)(3) of the Revenue Reconciliation Act of 1993, Public Law 103–66, which provides for a special governmental limit under 26 U.S.C. section 401(a)(17), and section 1.401(a)(17)–1(d)(4) of the United States Treasury Regulations, which provides rules implementing said section 13212(d)(3), shall apply to all members in service who were members in service on or before December 31, 1995.

M.G.L. c. 15A, § 41 Fees for approval of articles or certificates; revenue

c. 15A, § 41. Fees for approval of articles or certificates; revenue Section 41. The board of higher education may establish fees to be charged to independent institutions of higher education which seek approval of articles of organization, articles of amendment, or foreign corporation certificates pursuant to sections 30, 30A, 31, and 31A of chapter 69 and which transfer records to the board of higher education pursuant to section 31B of said chapter 69. The revenue received from the collection of the fees shall be retained by the board of higher education in a revolving trust fund and shall be expended solely for carrying out said sections. Fees shall not be greater than the costs incurred by the board of higher education in implementing said sections. The board of higher education shall report annually to the house and senate committee on ways and means the amount of funds collected and any expenditures made from the funds.

M.G.L. c. 15A, § 42 Award of academic credit for student's military occupation, training, coursework and experience; educational credit for exams funded through Department of Defense

c. 15A, § 42. Award of academic credit for student's military occupation, training, coursework and experience; educational credit for exams funded through Department of Defense [Text of section added by 2012, 108, Sec. 5. See also, Section 42 added by 2012, 139, Sec. 51, below.] Section 42. (a) The council shall develop and adopt a written policy requiring each public institution of higher education to develop a set of written policies and procedures governing the evaluation of a student's military occupation, military training, coursework and experience, to determine whether academic credit shall be awarded by the institution for the evaluated occupation, experience, training and coursework. The council's policy may require that the occupation, training, experience or courses meet the standards of the American Council on Education or equivalent standards for awarding academic credit. The council may also develop and adopt a written policy requiring each public institution of higher education to develop a set of written policies and procedures to standardize credit-by-exam equivalencies for exams funded through the Department of Defense. The educational credit shall be awarded based upon each institution's admissions standards and shall be consistent with the mission of the commonwealth's system of public higher education, as defined by the council under section 1. Each public institution of higher education shall designate a single point of contact for a student who is enrolled in such an institution and who is also a veteran, as defined in clause Forty-third of section 7 of chapter 4, to conduct such an evaluation and determination. (b) The council shall consult with the chief executive officers of each public institution of higher education in implementing the policy set forth in subsection (a) and the policy adopted by the council shall, to the greatest extent possible, provide for consistent application by all the commonwealth's public institutions of higher education and promote accurate and complete academic counseling. Chapter 15A: Section 42. Office of coordination; director; powers and duties; annual report [Text of section added by 2012, 139, Sec. 51. See also, Section 42 added by 2012, 108, Sec. 5, above.] Section 42. The commissioner shall establish in the department of higher education, an office of coordination. The commissioner shall appoint a director to operate and administer the office who shall have experience with workforce development in the public or private sector. The director shall work to establish a clearinghouse for all training opportunities provided by public higher education institutions. The University of Massachusetts, state universities and community colleges shall report to this office every workforce training opportunity the institutions provide for the institutions' students and others in the workforce and all workforce training requests the institutions received but were not able to meet. The director shall maintain a public website listing all training opportunities offered by public higher education institutions and shall provide support for employers with workforce training needs that can be served through public higher education institutions. The director shall provide information to public higher education institutions to help the institutions provide workforce development services in the most efficient manner possible and eliminate redundancies in the commonwealth's public higher education workforce development offerings. The director shall establish a program for employers newly opened in or relocated to the commonwealth to apprise these employers of workforce training programs offered through public higher education institutions and provide assistance in securing workforce development grants through the department of higher education. The office of coordination shall coordinate with existing workforce development programs provided by the commonwealth. The director shall prepare an annual report for publication on progress to improve the effectiveness of the commonwealth's workforce development efforts offered through public higher education institutions and shall report regularly to the public on the progress the office is making towards achieving the stated goals. The annual report, which shall be in a form and manner prescribed by the commissioner, shall include, but not be limited to: (i) a commissioner-approved plan for the year, including the goals set for the year and the performance measurements by which to evaluate those goals and programs or initiatives to meet those goals; (ii) the number, nature and amount of trainings facilitated and grants awarded to employers assisted by the office; and (iii) a description of technical assistance that the office provided. The annual report of the office shall be made available to the public on the commonwealth's website not later than December 31 and shall be filed with the clerks of the senate and house of representatives and the chairs of the house and senate committees on ways and means.

M.G.L. c. 15A, § 43 Immunity from academic or financial penalties for postsecondary students performing military service on behalf of the United States

c. 15A, § 43. Immunity from academic or financial penalties for postsecondary students performing military service on behalf of the United States Section 43. (a) No student at a postsecondary institution shall incur academic or financial penalties by virtue of performing military service on behalf of the United States. A student who enrolls in an academic course at any of the institutions in subsection (b) but is unable to complete an academic course because that student is called to or enlists in active duty, as defined in section 1 of chapter 15E, shall have the option to complete the course at a later date without penalty or withdraw from the course with a full refund of fees and tuition paid. If the academic course is no longer available upon the student's return from active duty, the student shall be permitted to complete a replacement course for equivalent credit without penalty. If the student chooses to withdraw from the course, the student's record shall reflect that the withdrawal is due to active duty. (b) This section shall apply to all postsecondary institutions including: (i) the system of public institutions of higher education, established in section 5; (ii) private occupational schools, as defined in section 263 of chapter 112; and (iii) private colleges, universities and other institutions of higher learning.

M.G.L. c. 15A, § 44 Readmission protections, privileges and immunities for members of armed forces attending educational institutions within the commonwealth; calculation of cumulative length of absence; exemption from academic or financial penalty

c. 15A, § 44. Readmission protections, privileges and immunities for members of armed forces attending educational institutions within the commonwealth; calculation of cumulative length of absence; exemption from academic or financial penalty Section 44. (a) As used in this section, the following words shall, unless context clearly requires otherwise, have the following meanings:— ''Armed forces'', the armed forces of the commonwealth as defined in section 10 of chapter 33, including a state defense force or similar organization composed as permitted by law or of the armed forces of another state or territory. ''Service in the uniformed services'' shall have the same definition as provided in 34 C.F.R. section 668.18 (b) and shall include either voluntary or involuntary service in the armed forces of: (i) in the armed forces of the commonwealth, including a state guard or similar organization composed as permitted by law, when engaged in duty under chapter 33 or Title 32 of the United States Code; or (ii) another state or territory ordered to perform service under appropriate state or federal authority, without regard for the number of consecutive days of duty. (b) Members of the armed forces of the commonwealth ordered to state active duty pursuant to chapter 33 or of the armed forces of another state or territory ordered to state active duty under appropriate authority who attend an educational institution within the commonwealth shall be entitled to all rights, protections privileges and immunities afforded under the federal regulation providing readmission requirements for service members pursuant to 34 C.F.R. section 668.18. (c) Any service performed pursuant to chapter 33, similar authority of another state or territory or Title 32 of the United States Code, when in support of a critical homeland security or emergency management operation as determined by the adjutant general, shall not be included in the calculation of a student's cumulative length of absence from an educational institution. (d) No student shall incur any academic or financial penalty by virtue of performing service in the uniformed services. A student who enrolls in but is unable to complete an academic course in order to perform service in the uniformed services shall have the option to complete the course at a later date without penalty or withdraw from the course with a full refund of fees and tuition paid. If the academic course is no longer available upon the student's return from service in the uniformed services, the student shall be permitted to complete a replacement course for equivalent credit without penalty. If the student chooses to withdraw from the course, the student's record shall reflect that the withdrawal is due to active military service.

M.G.L. c. 15A, § 45 Establishment and implementation of comprehensive training program

c. 15A, § 45. Establishment and implementation of comprehensive training program Section 45. (a) The board shall establish and implement a comprehensive training program for members of the boards of trustees of public institutions of higher education under section 5. The board shall provide instruction and training to the members on the proper governance of a public institution of higher education. Instruction and training shall include, but not be limited to, an overview of: (i) sections 18 to 25, inclusive, of chapter 30A; (ii) clause Twenty-sixth of section 7 of chapter 4 and chapter 66; (iii) chapters 268A and 268B; (iv) state procurement laws; (v) state finance provisions under chapter 29; (vi) fraud prevention; and (vii) fiduciary responsibilities. In developing instruction and training programs under this section, the board shall consult with the attorney general and the inspector general. Members of a board of trustees of a public institutions of higher education shall complete the comprehensive training program within 4 years of the date of the member's last training; provided however, that the board shall establish a schedule that ensures that all appointed or elected members of the boards of trustees of said public institutions complete the comprehensive training program. Membership on a board of trustees of public institutions of higher education shall terminate and a vacancy shall exist if a member fails to complete the comprehensive training program within the period of time established by the board or fails to complete a training program within 4 years of the date of the member's last training. A vacancy on a board that exists as a result of this section shall be filled for the remainder of the term in the same manner as the prior appointment and shall be consistent with section 21 of this chapter and section 1A of chapter 75. The commissioner shall forthwith notify the governor if any such vacancy exists. (b) Annually, each public institution of higher education shall post on its website the institution's financial report required pursuant to section 13 of chapter 73, however termed, together with a summary of the report in a format understandable by the general public.

M.G.L. c. 15A, § 46 Medication abortion readiness plans; amendment or revision; determination of adequacy of plan

c. 15A, § 46. Medication abortion readiness plans; amendment or revision; determination of adequacy of plan Section 46. (a) As used in this section and section 47, the following words shall have the following meanings unless the context clearly requires otherwise: ''Institution'', a public institution of higher education listed in section 5. ''Medication abortion'', abortion provided by medication techniques. ''Medication abortion readiness'', each institution's preparedness to provide medication abortions to students or assist students in obtaining medication abortions, including, but not limited to, having in place equipment, protocols, patient educational materials, informational websites and training for staff; provided, however, that ''medication abortion readiness'' may include the provision of medication abortions. ''Health center'', a clinic or health center providing primary health care services to students operated by an institution. (b)(1) Each institution shall develop a medication abortion readiness plan for its students. (2) The department of public health shall issue guidance to all institutions regarding the required contents of medication abortion readiness plans in accordance with the varied capabilities of institutions to provide services including, but not limited to, directly providing medication abortions to students in a health center, providing referrals for abortion care services not provided in the health center or providing information to students about obtaining a medication abortion. In developing the guidance, the department shall consider factors including, but not limited to, whether the institution has an operational health center on campus, the institution's proximity to a hospital, clinic or other facility that provides medication abortion, availability, convenience and cost of public transportation between the institution and closest facility that provides medication abortion and whether the institution employs health care workers on campus. (3) The department of public health shall review medication abortion readiness plans annually, taking into consideration any changes to the capacity of each institution to provide services to students since the preceding approval of the plan. (c) Each institution shall annually submit any amendments or revisions to its medication abortion readiness plan to the department of public health. (d) Annually, not later than January 31, the department of public health shall determine whether the plan is adequate in proportion to each institution's capacity. The department shall provide further guidance to institutions with plans deemed inadequate that includes remedial measures for the institution to develop an adequate plan.

M.G.L. c. 15A, § 47 Public University Health Center Sexual and Reproductive Health Preparation Fund

c. 15A, § 47. Public University Health Center Sexual and Reproductive Health Preparation Fund Section 47. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Public University Health Center Sexual and Reproductive Health Preparation Fund for the purpose of medication abortion readiness. The fund shall be administered by the department of public health, in consultation with the department of higher education. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (ii) funds from non-state entities, including, but not limited to, gifts, grants and donations from private entities and local and federal government agencies. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. (b) The department of public health shall utilize money in the fund to: (i) provide a grant to each health center to pay for the cost of direct and indirect medication abortion readiness; provided, however, that, the department shall prioritize applications from the University of Massachusetts and state university segments and create a simple application process for community colleges to apply for funding; and provided further, that allowable expenses under these grants shall include, but not be limited to: (A) the purchase of equipment used in the provision of medication abortions; (B) facility and security upgrades; (C) costs associated with enabling the health center to deliver telehealth services; (D) costs associated with training staff in the provision of medication abortions; (E) staff cost reimbursement and clinical revenue offset while staff are in trainings; and (F) billing specialist consultation; (ii) pay the direct and indirect costs of the department of public health associated with administration of the fund, including the costs of hiring staff; and (iii) maintain a system of financial reporting on all aspects of the fund. (c) Each health center grantee shall, as a condition of receiving a grant award from the fund, participate in an evaluation of its medication abortion readiness and its provision of medication abortions. (d) The department of public health, working with the health centers, shall assist and advise on potential pathways for health centers to access public and private payers to provide funding for ongoing costs of providing medication abortions. (e)(1) Annually, not later than December 31, the department of public health shall submit a report to the clerks of the senate and house of representatives, including, but not limited to, all of the following information for each reporting period: (i) an accounting of the medication abortion plans of all institutions, including, but not limited to, a list of institutions that have submitted plans deemed adequate by the department, a list of institutions that are actively developing a remedial plan and a list of institutions that have not submitted an adequate plan to the department; (ii) the number of medication abortions provided at health centers, disaggregated, to the extent possible, by the health center; (iii) the total amount of funds granted by the department of public health to each institution and its health center from the fund that is expended on medication abortion readiness and the total amount of any other funds expended on medication abortion readiness and the source of those funds, disaggregated by use and, to the extent possible, health center; and (iv) the total amount of funds expended on the provision of medication abortions and the source of those funds, disaggregated by use and, to the extent possible, health center. (2) The report required in paragraph (1) and any associated data collected shall comply with state and federal privacy laws, including, but not limited to, section 70E of chapter 111, the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g and the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

M.G.L. c. 15A, § 48 Transfer of credits; MassTransfer program; MassTransfer Steering Committee

c. 15A, § 48. Transfer of credits; MassTransfer program; MassTransfer Steering Committee Section 48. (a) The department, in consultation with the MassTransfer Steering Committee established under subsection (b), shall establish and administer a program to be known as the MassTransfer program, to allow students of public institutions of higher education, as defined in section 5, to transfer credits: (i) among public institutions of higher education in a comprehensive, accessible and efficient manner; and (ii) where appropriate, for courses at the state university segment and the university of Massachusetts segment, without loss of credit. Public institutions of higher education may establish transfer articulation agreements with each other to accomplish the goals of this section. (b) There shall be a MassTransfer Steering Committee, which shall advise the department on the creation, implementation and improvement of the MassTransfer program under subsection (a). The committee shall consist of the following representatives, designated by the department: (i) faculty members, with at least 1 from each segment of public institutions of higher education; (ii) a president from each segment of public institutions of higher education; (iii) transfer advisors or registrars, with at least 1 from each segment of public institutions of higher education; (iv) student representatives; and (v) members of the business community. The committee shall select a chair annually by a majority vote of the members. The department shall maintain a website for the program, which shall provide a comprehensive guide for students on transferring credits through the credit transfer program.

M.G.L. c. 15A, § 49 Transfer of credits; common course numbering system

c. 15A, § 49. Transfer of credits; common course numbering system Section 49. (a) The board of higher education, in consultation with public institutions of higher educations, as defined in section 5, shall develop and approve a common course numbering system for lower-division courses with the goal of creating transparency for credit transferability. The department shall develop rules for the administration of the system. (b) Each public institution of higher education shall include in its course catalog the applicable course prefix and numbers from the common course numbering system approved by the board under this section. The board may, for good cause as determined by the board, grant a public institution of higher education an exemption from the requirements of this section.

M.G.L. c. 15A, § 191/2 Tuition, fees and room and board waiver for surviving child of parent who died as a result of injuries sustained during active and full-time military service while outside the United States

c. 15A, § 191/2. Tuition, fees and room and board waiver for surviving child of parent who died as a result of injuries sustained during active and full-time military service while outside the United States Section 191/2. Each surviving child of a parent who died as result of injuries sustained during active and full-time military service as a member of the armed forces of the United States or national guard, occurring after 1989, while outside the United States in an armed conflict or hostility, or while deployed in direct support of military activity in a zone of armed conflict or hostility, shall be entitled, upon admittance to a degree program of undergraduate studies at a public institution of higher education as provided in the first paragraph of section 5 to a full waiver for charges due for tuition, mandatory fees and room and board during the period of attendance, subject to any restrictions set forth in this section. A waiver for room and board under this section shall only be allowed for any period that the child is enrolled as a full-time student at a qualifying public institution. No child shall receive a waiver under this section if he has been awarded a degree previously from a public or private college, university or other institution of higher learning or if, during his attendance at a qualifying public institution after receiving a waiver, he fails to maintain satisfactory academic progress or if the deceased parent was not a resident of the commonwealth at the time of entry or continuance into active and full-time military service. A child who has received a waiver from a qualifying public institution under this section shall not be entitled to a waiver of charges due for more than 1 undergraduate degree program at the institution where the child is enrolled or at another qualifying public institution unless the waiver for such additional degree program has received the prior approval of the board of higher education. Notwithstanding the foregoing, approval by the board shall be not be required for a child who transfers to a different degree program for undergraduate studies at the institution where the child is currently enrolled or transfers to another degree program for undergraduate studies at another qualifying public institution, provided that the child is no longer enrolled in the previously undertaken degree program. Consistent with the provisions of this section, the board of higher education may establish general guidelines and regulations for the application and administration of waiver benefits at qualifying public institutions of higher learning. For the purposes of this section, ''child'' shall be without qualification or limitation as to the person's age.

M.G.L. c. 15A, § 193/4 Armed forces in-state student classification; member; spouse; unemancipated person whose parent or guardian is a member of the armed forces

c. 15A, § 193/4. Armed forces in-state student classification; member; spouse; unemancipated person whose parent or guardian is a member of the armed forces Section 193/4. A person who is a member of the armed forces of the United States and stationed in the commonwealth pursuant to military orders shall be entitled to classification as an in-state student. Such a person shall not lose classification as an in-state student due to being transferred on military orders, being honorably discharged or retiring while the person is residing in the commonwealth after their acceptance for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or post-graduate degree. The spouse of a person who is a member of the armed forces of the United States and stationed in the commonwealth pursuant to military orders shall be entitled to classification as an in-state student. Such a spouse shall not lose classification as an in-state student due to the member being transferred on military orders, being honorably discharged, retiring or dying while the spouse is residing in the commonwealth after the spouse's acceptance for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or post-graduate degree. An unemancipated person whose parent or guardian is a member of the armed forces of the United States and stationed in the commonwealth pursuant to military orders shall be entitled to classification as an in-state student. Such a person shall not lose classification as an in-state student due to their parent or guardian being transferred on military orders, being honorably discharged, retiring or dying while: (i) the person is in continuous attendance toward the degree for which the person is currently enrolled; or (ii) the person is residing in the commonwealth after their acceptance for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or post-graduate degree.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter15AFetched: 10/20/2026