Code of Massachusetts Regulations › 930 CMR - STATE ETHICS COMMISSION › Title 930 CMR 6.00 - Exemptions Unrelated To Gifts › Section 6.03 - Exemption to Permit Public Employees Who Are Parents to Advocate for Their Children

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 930 CMR 6.03 is to permit parents or guardians who are public employees to advocate for their children.
(2)
Definitions
. For purposes of 930 CMR 6.03:
Child
includes one's biological child, adopted or pre-adoptive child, foster child, ward, or step-child, provided that the child is under 22 years of age.
To Advocate
means to act on behalf of a child in one's private capacity as a parent. Advocating does not include discussing financial matters related to one's child with one's subordinates in the absence of other people who would ordinarily participate in accordance with an established decision-making process.
(3)
Exemption
. A public employee may advocate for the employee's child or children with school employees and officials and with employees and officials of state agencies overseeing education without violating M.G.L. c. 268A, § 4, 11, or 17, provided that the public employee follows established procedures and does not seek special consideration for the child by reason of the employee's public position. A person acting within this exemption remains subject to the other prohibitions of M.G.L. c. 268A, including, but not limited to, M.G.L. c. 268A, §§ 6, 13, 19, and 23.
(4) Persons holding supervisory positions with a school, school department, or agency related to education may use this exemption, but must disclose the fact that they have done so. Such a disclosure may omit identifying information to the extent necessary to protect a student's privacy rights as provided by state or federal statute or regulation.
Example
: A school principal whose child attends the school at which the principal works meets with her child's Individual Education Program team to discuss her child's educational program. The team includes some school employees who are the principal's subordinates. The principal makes a disclosure of the fact that she is attending the meeting to the superintendent of the school district. The principal has acted in accordance with the exemption and has not violated the law.
Example
: A school committee member whose child attends school in the district participates in a mediation process sponsored by the state Bureau of Special Education Appeals or its successor to resolve issues about who will pay for services for the child. Some of the participants in the mediation are the committee member's subordinates in the school district. The committee member makes a disclosure of his participation in the process. The committee member has acted in accordance with the exemption and has not violated the law.
Example of What is Not Permitted
: A school committee member meets privately with the superintendent of schools, who is the committee member's subordinate, to arrive at financial terms with respect to payment for services for the committee member's child. Ordinarily, other school department members including the Director of Special Education Services would participate in such discussions. The committee member makes no disclosure of the meetings. The committee member has violated the law.