reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 47.00 - Licensure Of Adult Basic Education Teachers And Preparation Program Approval › Section 47.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
(1)
Purpose.
603 CMR 47.00 is intended to
			 accomplish the following objectives:
(a)
			 provide a voluntary license for teachers of adult basic education;
(b) establish a minimum educational standard
			 for licensed adult basic education teachers;
(c) define a foundation of subject matter
			 knowledge requirements and professional standards for licensed teachers of
			 adult basic education;
(d) prepare
			 licensed adult basic educators to help all learners achieve their
			 goals;
(e) provide a flexible
			 system of licensure to encourage participation by prospective and experienced
			 adult basic education teachers;
(f)
			 establish a system of licensure that recognizes the skills and abilities of
			 experienced adult basic education teachers;
(g) provide multiple routes to licensure;
			 and,
(h) provide multiple ways to
			 demonstrate proficiency in the standards.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 47.00 - Licensure Of Adult Basic Education Teachers And Preparation Program Approval › Section 47.03 - Adult Basic Education Teacher Preparation Program Approval

Current through Register 1525, July 5, 2024
(1)
Program Approval
(a) Candidates may qualify for licensure
			 through successful completion of an approved preparation program leading to the
			 Adult Basic Education Teacher's License, provided that they meet all other
			 requirements.
(b) Sponsoring
			 organizations with an approved ABE teacher preparation program have the
			 authority to review prior course work and work experience of their candidates
			 and waive otherwise required coursework when designing programs of study for
			 them. Granting such waivers is the official responsibility of the sponsoring
			 organization. Records of candidates for whom coursework has been waived must be
			 available during onsite review.
(c)
			 A sponsoring organization that has received approval of its ABE teacher
			 preparation program is authorized to do the following:
1. Endorse a candidate who has completed an
			 approved program.
2. Recommend a
			 candidate for licensure, provided that such candidate has both completed an
			 approved program and passed all MTEL tests required for the Massachusetts
			 license.
(d) A
			 sponsoring organization seeking approval of its ABE teacher preparation program
			 shall invite the Department to review it. The sponsoring organization shall
			 provide written evidence that it satisfies the requirements set forth in 603
			 CMR 47.03(2) and (3) for the program for which approval is sought. The
			 Department of Elementary and Secondary Education shall review the written
			 information for the proposed program and verify it through an onsite review at
			 the sponsoring organization. The Department shall use the same standards in
			 reviewing all programs and sponsoring organizations for approval.
(e) Program approval will be for a period of
			 five years, unless the program ceases to meet the requirements set forth in 603
			 CMR 47.03(2) and (3).
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 47.00 - Licensure Of Adult Basic Education Teachers And Preparation Program Approval › Section 47.04 - Adult Basic Education Panel Review for Licensure

Current through Register 1525, July 5, 2024
(1)
Eligibility for Panel
			 Review
Candidates may be eligible for review if they have met the
			 following requirements:
(a) Filed completed
			 application for the ABE Teacher's License and paid the requisite fee;
(b) Achieved a passing score on the requisite
			 MTEL test(s), as set forth within the routes to licensure in
			 603
			 CMR 47.06;
(c) Acquired evidence of meeting the subject
			 matter knowledge requirements, as set forth in
			 603
			 CMR 47.07;
(d) Acquired evidence of meeting the
			 Professional Standards for the license, as set forth in
			 603 CMR
			 47.08; and
(e) Submitted proof of a bachelor's degree or
			 a master's degree, or that such educational requirement has been waived by the
			 Commissioner, pursuant to
			 603 CMR
			 47.11(4).
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 47.00 - Licensure Of Adult Basic Education Teachers And Preparation Program Approval › Section 47.05 - Types of Licenses, Requirements for Licensure, and Requirements for Field-Based Experience

Current through Register 1525, July 5, 2024
(1)
Types of
			 Licenses
(a) Provisional, valid for
			 five calendar years, and is generally not renewable; however, this license may
			 be renewed after the initial five year period at the discretion of the
			 Commissioner for an additional five calendar years, but only if the candidate
			 has worked under the license for less than three calendar years, or the
			 equivalent.
(b) Professional, valid
			 for five years, and renewable for additional five-year terms as set forth in
			 603
			 CMR 47.10.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 47.00 - Licensure Of Adult Basic Education Teachers And Preparation Program Approval › Section 47.06 - Routes to Professional Licensure of Adult Basic Education Teachers

Current through Register 1525, July 5, 2024
Based on the route to licensure, applicants will need to
				complete the following:
(1) Route One
			 is for candidates who have less than five years, or the equivalent (2,400
			 instructional hours), of documented ABE teaching experience and who do not hold
			 a teacher license issued under
			 603
			 CMR 7.04(3)(a) or (b).
			 Candidates seeking licensure under Route One shall meet the following
			 requirements:
(a) A bachelor's or a master's
			 degree, in any major, from an accredited college or university.
(b) Successful completion of an approved ABE
			 teacher preparation program, or successful completion of an ABE Panel Review
			 for Licensure.
(c) Passing score on
			 the Communication and Literacy Skills Test as set forth in
			 603
			 CMR 47.05.
(d) Passing score on the ABE subject matter
			 test for candidates who submit an application on or after the date of the first
			 scheduled ABE subject matter test, based on the ABE subject matter knowledge
			 requirements set forth in
			 603
			 CMR 47.07.
(e) Supervised 75-hour pre-practicum, which
			 includes a field survey, and 150-hour practicum, or their equivalent, by an
			 approved ABE teacher preparation program provider, or an ABE field supervisor,
			 as approved by the Department.
(f)
			 Proficiency in the Professional Standards for ABE Teachers as set forth in
			 603 CMR
			 47.08 through a performance assessment that
			 includes a demonstration of teaching.
(g) Evidence of sound moral
			 character.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 47.00 - Licensure Of Adult Basic Education Teachers And Preparation Program Approval › Section 47.07 - Subject Matter Knowledge Requirements for Adult Basic Education Teachers

Current through Register 1525, July 5, 2024
(1)
English/Reading and Writing
(a) Literature:
1. Literature appropriate for a range of
			 adult reading levels.
2. Genres,
			 literary elements, and literary techniques.
3. Nature, history, and structure of the
			 English language: lexicon and grammar.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 47.00 - Licensure Of Adult Basic Education Teachers And Preparation Program Approval › Section 47.08 - Professional Standards for Adult Basic Education Teachers

Current through Register 1525, July 5, 2024
(1)
Application.
The
			 Professional Standards for Teachers define the pedagogical and other
			 professional knowledge and skills required of ABE teachers. These Standards are
			 used by ABE teacher preparation providers in preparing their candidates, by the
			 Department in reviewing programs seeking state approval, and by the Department
			 as the basis for evaluating applicants' proficiency. Candidates shall
			 demonstrate that they meet the Standards required by the appropriate route to
			 licensure (
			 603
			 CMR 47.06 ) and in so doing shall participate
			 in a performance assessment that includes a demonstration of teaching, either
			 in a field-based experience (
			 603
			 CMR 47.05 ) or for the ABE Panel Review for
			 Licensure (
			 603 CMR
			 47.04 ).
(2)
Professional Standards.
(a)
Understanding the Adult
			 Learner
1. Incorporates theories of
			 and research in adult development in designing effective instruction
			 appropriate to the learning environment (e.g., in the classroom, workplace,
			 homeless shelter).
2. Incorporates
			 theories of and research in adult learning and in learning disabilities in
			 designing effective instruction appropriate to the learning
			 environment.
3. Uses knowledge of
			 the factors that influence adult learners' participation and persistence in
			 adult basic education programs to increase learner success.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 47.00 - Licensure Of Adult Basic Education Teachers And Preparation Program Approval › Section 47.09 - Standards for Orientation of Adult Basic Education Teachers

Current through Register 1525, July 5, 2024
(1) In order for ABE teachers newly licensed
			 under Route One or Route Two to be eligible for license renewal in five years
			 as set forth in
			 603
			 CMR 47.10, they must complete an ABE
			 orientation that meets the requirements of 603 CMR 47.09(2). In order to meet
			 this requirement, such teachers must be employed by, or be a volunteer in, an
			 ABE program that provides financial and logistical support for their
			 participation in an orientation that meets the standards specified in 603 CMR
			 47.09(2).
(2) All orientation
			 programs shall meet the following minimum standards:
(a) A 15-hour orientation program, approved
			 by the Department, as outlined in guidelines provided by the Department, for
			 beginning ABE teachers and all other incoming teachers to introduce novice ABE
			 teachers to the field of adult basic education and provide an overview of state
			 and federal ABE regulations and initiatives.
(b) Not less than a three hour orientation,
			 provided by the employing ABE program, that provides an overview of the
			 organization's policies and practices as outlined in guidelines provided by the
			 Department.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 47.00 - Licensure Of Adult Basic Education Teachers And Preparation Program Approval › Section 47.10 - Licensure Renewal and Professional Development for Adult Basic Education Teachers

Current through Register 1525, July 5, 2024
Each Professional License will be valid for five years and may
				be renewed every five years thereafter upon the successful completion of an
				individual professional development plan that meets the subject matter
				knowledge and teaching skill requirements established by the Board. All
				licensed ABE teachers in Massachusetts shall have a professional development
				plan on file with their ABE program, ABE agency director, or
				district.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 47.00 - Licensure Of Adult Basic Education Teachers And Preparation Program Approval › Section 47.11 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Performance Assessment.
All candidates shall participate in a
			 performance assessment, which includes a demonstration of teaching. The
			 assessment may be conducted either in a field-based experience (
			 603
			 CMR 47.05 ) or for the ABE Panel Review for
			 Licensure (
			 603 CMR
			 47.04 ). Performance assessment must be
			 designed to ensure that practicing teachers apply learning to practice and meet
			 the applicable professional standards in
			 603
			 CMR 47.06 and
			 47.08.
			 The Department will provide guidelines for performance assessment.
(a)
Methods of Demonstrating
			 Teaching
1. Candidates will choose one
			 of three methods to demonstrate their teaching:
a. A classroom observation performed by an
			 Educator Preparation Program Supervisor, an ABE Field Supervisor, or someone
			 authorized by the Department as set forth in the guidelines;
b. A videotape of one or two classroom
			 sessions of no less than 20-minutes in length, to be submitted to an Educator
			 Preparation Program Supervisor, to the ABE Panel Review for Licensure, or
			 someone authorized by the Department as set forth in the guidelines;
			 or,
c. A demonstration lesson
			 conducted for the ABE Panel Review for Licensure.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 48.00 - Innovation Schools › Section 48.01 - Scope, Purpose, and Authority

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of
			 603 CMR
			 48.00 is to provide uniform rules and procedures
			 governing the establishment of innovation schools.
(2)
Authority
.
			 603 CMR
			 48.00 is promulgated under the authority of M.G.L. c.
			 69, § 1B and M.G.L. c. 71, § 92.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 48.00 - Innovation Schools › Section 48.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				603 CMR
				48.00, unless the context clearly requires otherwise,
				terms shall have the following meanings:
Academy
. An innovation program
				situated within an existing public school. The academy operates different
				instructional and other programs from the school in which it is situated. The
				academy will be included in the reporting of the school within which it is
				situated for the purposes of enrollment, accountability, and other school-level
				determinations. Students in innovation academies will receive a program code
				from the Department of Elementary and Secondary Education to facilitate
				monitoring of outcomes of the initiative.
Board
. The Board of Elementary and
				Secondary Education or a person duly authorized by the Board.
Commissioner
. The Commissioner of
				Elementary and Secondary Education or his or her designee.
Department
. The Department of
				Elementary and Secondary Education.
Eligible Student
. A person eligible to
				enroll in a Massachusetts public school who is younger than 22 years old and
				who has not attained a high school diploma or its equivalent.
Innovation Plan
. An educational and
				operational plan for the administration of an innovation school, established
				pursuant to M.G.L. c. 71, § 92(c).
Innovation School
. A school or academy
				authorized by a local school committee under the provisions of M.G.L. c. 71,
				§ 92.
Innovation Schools Zone
. Two or more
				innovation schools operating within a particular school district in accordance
				with certain factors described in
				603 CMR
				48.04(2).
Lead District
. Among two or more
				school districts sponsoring a single innovation school, the school district
				that is responsible for coordinating the formation of a screening committee.
				The lead district will be the district that will host the proposed innovation
				school and whose policies, including, but not limited to, transportation and
				discipline of students, will be in effect at the proposed innovation school,
				unless clearly stated in the approved innovation plan.
Sponsoring District
. A municipal or
				regional school district responsible for authorization and oversight of an
				innovation school.
Teacher
. For the purposes of a vote to
				approve conversion to an innovation school or academy, any person working
				half-time or more in a school or school district under a license listed in
				603
				CMR 7.04(3)(a), (b), or
				(d).
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 48.00 - Innovation Schools › Section 48.03 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Administrative Bulletins
. The Board and the Department
			 may, from time to time, issue administrative bulletins to interpret, implement,
			 and provide guidance on
			 603 CMR
			 48.00.
(2)
Non-discrimination
. Innovation schools shall be open
			 to all eligible students, on a space available basis, and shall not
			 discriminate on the basis of race, color, national origin, creed, sex,
			 ethnicity, sexual orientation, mental or physical disability, age, ancestry,
			 athletic performance, special need, or proficiency in the English language or a
			 foreign language.
(3)
Compliance with Laws and Regulations
.
(a) As provided in M.G.L. c. 71, §
			 92(c), a school committee, or committees in the case of innovation schools
			 approved by multiple districts, that approves an innovation plan shall ensure
			 that the innovation school operates in accordance with all laws regulating
			 other public schools, except as the law conflicts with M.G.L. c. 71, §
			 92(c) or any innovation plans created thereunder. School committees shall take
			 particular care to ensure compliance with laws and regulations protecting the
			 health, safety, and well-being of students and governing the compulsory
			 attendance of school-age children.
(b) If an innovation plan committee is
			 proposing an innovation plan that may conflict with laws (including
			 regulations) governing other public schools, the committee shall, before
			 presenting the plan to the school committee for approval, request approval from
			 the Commissioner for any provision in the plan that may conflict with such
			 laws. The Commissioner's approval shall be based on his determination that the
			 plan is consistent with 603 CMR 48.03(2) and with the state's obligations under
			 the education clause of the Massachusetts Constitution, Mass. Const., pt. II,
			 ch. V, § II, as defined by a court of competent jurisdiction, and that the
			 provision in the plan that may conflict with such laws is necessary to advance
			 the mission or educational programs of the innovation school. If the
			 Commissioner does not approve the proposed provision in the plan, the
			 innovation plan committee may ask the Board to review the matter and the Board
			 shall make the final decision.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 48.00 - Innovation Schools › Section 48.04 - Specific Provisions

Current through Register 1525, July 5, 2024
(1)
Innovation School Serving Two or More School
			 Districts
.
(a) If an eligible
			 applicant, as identified in M.G.L. c. 71, § 92(f), seeks to establish an
			 innovation school that will serve students from two or more school districts,
			 the superintendents of those districts shall jointly decide which district will
			 be the lead district for purposes of the innovation school. The applicant shall
			 prepare a prospectus for the proposed school and submit it to the
			 superintendent of the lead district. The prospectus shall be reviewed by a
			 screening committee convened by the superintendent of the designated lead
			 district and constituted of individuals from the lead district. If the
			 prospectus is accepted by b of the screening committee, the applicant shall
			 form an innovation plan committee.
(b) The applicant may compose the innovation
			 plan committee of individuals, as identified in M.G.L. c. 71, § 92(i),
			 from any of the sponsoring districts, including the lead district, whose
			 students will be served by the proposed innovation school.
(c) The innovation plan must specify the
			 tuition arrangement between the sponsoring districts.
(d) The innovation plan must be submitted for
			 approval to the school committees of each sponsoring district that will be
			 served by the proposed innovation school. Each sponsoring district's school
			 committee must separately approve the submitted innovation plan in order for
			 the innovation school to be authorized or re-authorized. The innovation plan
			 may specify the procedure by which an innovation plan may be revised and
			 re-submitted for approval if one or more sponsoring district school committees
			 reject the initial innovation plan.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 49.00 - Notification Of Bullying Or Retaliation › Section 49.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
603 CMR 49.00 governs the
				requirements related to the duty of the principal or leader of a public school,
				approved private day or residential school, collaborative school, or charter
				school to notify the parents or guardians of a target and an aggressor (when
				the aggressor is a student) when there is an incident of bullying or
				retaliation, and to notify the local law enforcement agency when criminal
				charges may be pursued against the aggressor.
				603 CMR 49.00 also addresses
				confidentiality of student record information related to notification of
				bullying and retaliation.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 49.00 - Notification Of Bullying Or Retaliation › Section 49.03 - Bullying and Retaliation Prohibited

Current through Register 1525, July 5, 2024
(1) Bullying
			 of a student is prohibited as provided in M.G.L. c. 71, § 37O. Retaliation
			 is also prohibited.
(2) Bullying
			 shall be prohibited on school grounds, property immediately adjacent to school
			 grounds, at a school-sponsored or school-related activity, function or program
			 whether on or off school grounds, at a school bus stop, on a school bus or
			 other vehicle owned, leased or used by a school district or school, or through
			 the use of technology or an electronic device owned, leased or used by a school
			 district or school. Bullying at a location, activity, function or program that
			 is not school-related, or through the use of technology or an electronic device
			 that is not owned, leased or used by a school district or school, shall be
			 prohibited if the bullying:
(a) creates a
			 hostile environment at school for the target;
(b) infringes on the rights of the target at
			 school; or
(c) materially and
			 substantially disrupts the education process or the orderly operation of a
			 school.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 49.00 - Notification Of Bullying Or Retaliation › Section 49.04 - Notice to Parents

Current through Register 1525, July 5, 2024
(1) Upon
			 investigation and determination that bullying or retaliation has occurred, the
			 principal shall promptly notify the parents of the target and the aggressor
			 (when the aggressor is a student) of the determination and the school district
			 or school's procedures for responding to the bullying or retaliation. The
			 principal shall inform the target's parent of actions that school officials
			 will take to prevent further acts of bullying or retaliation. Nothing in 603
			 CMR 49.04 prohibits the principal from contacting a parent of a target or
			 aggressor (when the aggressor is a student) about a report of bullying or
			 retaliation prior to a determination that bullying or retaliation has
			 occurred.
(2) Notice required by
			 603 CMR 49.04 shall be provided in the primary language of the home.
(3) Each school district and school shall
			 include the requirements and procedures for communicating with the parents of
			 the aggressor (when the aggressor is a student) and target of bullying or
			 retaliation in the local plan.
(4)
			 A principal's notification to a parent about an incident or a report of
			 bullying or retaliation must comply with confidentiality requirements of the
			 Massachusetts Student Records Regulations,
			 603 CMR
			 23.00:
Student Records
, and the
			 Federal Family Educational Rights and Privacy Act Regulations, 34 CFR Part 99 ,
			 as set forth in
			 603 CMR
			 49.06.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 49.00 - Notification Of Bullying Or Retaliation › Section 49.05 - Notice to Law Enforcement Agency

Current through Register 1525, July 5, 2024
(1) Before the
			 first day of each school year, the superintendent or designee of a school
			 district and the school leader or designee of an approved private day or
			 residential school, collaborative school, or charter school shall communicate
			 with the chief of police or designee of the local police department about the
			 implementation of 603 CMR 49.05 . Such communication may include agreeing on a
			 method for notification, a process for informal communication, updates of prior
			 written agreements, or any other subject appropriate to the implementation of
			 603 CMR 49.05 .
(2) At any point
			 after receipt of a report of bullying or retaliation, including after an
			 investigation, the principal shall notify the local law enforcement agency if
			 the principal has a reasonable basis to believe that criminal charges may be
			 pursued against the aggressor. Notice shall be consistent with the requirements
			 of
			 603 CMR 49.00 and established
			 agreements with the local law enforcement agency. The principal shall document
			 the reasons for his or her decision to notify law enforcement. Nothing in 603
			 CMR 49.05 shall be interpreted to require reporting to a law enforcement agency
			 in situations in which bullying and retaliation can be handled appropriately
			 within the school district or school.
(a) In
			 making the determination whether notification to law enforcement is
			 appropriate, the principal may consult with the school resource officer and any
			 other individuals the principal deems appropriate.
(b) Nothing in 603 CMR 49.05 shall prevent
			 the principal from taking appropriate disciplinary or other action pursuant to
			 school district or school policy and state law, provided that disciplinary
			 actions balance the need for accountability with the need to teach appropriate
			 behavior.
(c) The principal shall
			 respond to the incident as set forth in relevant provisions of the local plan
			 consistent with 603 CMR 49.05 .
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 49.00 - Notification Of Bullying Or Retaliation › Section 49.06 - Confidentiality of Records

Current through Register 1525, July 5, 2024
(1) A principal may
			 not disclose information from a student record of a target or aggressor to a
			 parent unless the information is about the parent's own child.
(2) A principal may disclose a determination
			 of bullying or retaliation to a local law enforcement agency under
			 603 CMR 49.05
			 without the consent of a student or his or her parent. The principal shall
			 communicate with law enforcement officials in a manner that protects the
			 privacy of targets, student witnesses, and aggressors to the extent practicable
			 under the circumstances.
(3) A
			 principal may disclose student record information about a target or aggressor
			 to appropriate parties in addition to law enforcement in connection with a
			 health or safety emergency if knowledge of the information is necessary to
			 protect the health or safety of the student or other individuals as provided in
			 603 CMR 23.07(4)(e)
			  and
			 34
			 CFR 99.31(a)(10) and
			 99.36.
			 603 CMR 49.06(3) is limited to instances in which the principal has determined
			 there is an immediate and significant threat to the health or safety of the
			 student or other individuals. It is limited to the period of emergency and does
			 not allow for blanket disclosure of student record information. The principal
			 must document the disclosures and the reasons that the principal determined
			 that a health or safety emergency exists.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 50.00 - Education Collaboratives Regulations › Section 50.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
Scope
.
			 603
			 CMR 50.00 governs the formation, operation and review
			 of education collaboratives by the Department of Elementary and Secondary
			 Education created under the authority of M.G.L. c. 40, § 4E.
(2)
Purpose
. The
			 purpose of
			 603
			 CMR 50.00 is to provide uniform rules and procedures
			 governing the establishment and operation of educational
			 collaboratives.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 50.00 - Education Collaboratives Regulations › Section 50.03 - Department Approval

Current through Register 1525, July 5, 2024
(1)
Forming an Educational Collaborative
. Two or more
			 school committees of cities, towns, and regional school districts and charter
			 school boards may establish an educational collaborative by entering into a
			 collaborative agreement in accordance with M.G.L. c. 40, § 4E. The
			 collaborative agreement shall be submitted to the Department for approval as
			 outlined in 603 CMR 50.03 and in guidelines issued by the Department.
(2)
New Collaborative
			 Agreements
. No new educational collaborative may operate until the
			 collaborative agreement created in accordance with M.G.L. c. 40, § 4E, and
			 603 CMR 50.03 is approved by all of the member districts and the Board, upon
			 recommendation of the Commissioner. A collaborative agreement shall be
			 effective on July 1st of any fiscal year, provided
			 that all requisite approvals, including the Board's approval, shall be obtained
			 no later than the preceding April 30th.
(3)
Amending a Collaborative
			 Agreement
.
(a) All amendments to
			 collaborative agreements shall be approved by votes of the member school
			 committees or charter boards in accordance with the collaborative agreement and
			 shall comply with 603 CMR 50.03(4) and (5).
(b) All amendments for the admission and
			 withdrawal of member districts shall comply with the following timeline.
1. A school committee or charter school board
			 may be admitted to, or an existing member district may withdraw from, an
			 educational collaborative as of July 1st of any
			 fiscal year, provided that all requisite approvals for such admission or
			 withdrawal, including the Board's approval, shall be obtained no later than the
			 preceding April 30th. The authorizing votes may
			 provide for the deferral of said admission or withdrawal until July
			 1st of a subsequent fiscal year.
2. Following the approval for admission to an
			 educational collaborative and continuing until the actual date of such
			 admission, the school committee or charter school board may designate a
			 nonvoting representative to the collaborative board of directors.
(c) No amendment shall take effect
			 until it is approved by the Board.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 50.00 - Education Collaboratives Regulations › Section 50.04 - Collaborative Responsibilities

Current through Register 1525, July 5, 2024
(1)
Responsibilities of Member Districts
.
(a) Each member district shall annually
			 appoint either a member of the school committee or charter school board or its
			 superintendent of schools to be its appointed representative on the
			 collaborative board of directors.
(b) Each member district shall, to the extent
			 possible, provide appropriate space to support collaborative programs in the
			 least restrictive environment to ensure compliance with civil rights and
			 special education laws and regulations.
(c) Each member district shall comply with
			 the provisions of the collaborative agreement.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 50.00 - Education Collaboratives Regulations › Section 50.05 - Training

Current through Register 1525, July 5, 2024
(1)
Training
			 Requirement
. Each appointed representative shall complete training
			 provided or approved by the Department.
(2)
Training
			 Content
. The training shall include a review of the open meeting
			 law, public records law, conflict of interest law, special education law, the
			 budgetary process, procurement, fraud prevention and awareness, and the
			 fiduciary and management oversight responsibilities of a collaborative board of
			 directors.
(3)
Frequency of Training
. Each appointed representative
			 shall complete the required training within 60 days of initial appointment and
			 every six years thereafter, unless otherwise required by law or regulation.
(a) Each appointed representative shall
			 submit to the Department a certificate(s) of completion of such required
			 training in a form required by the Department. An appointed representative may
			 meet one or more of the training requirements through an alternative means by
			 providing a description of the training and a certification of completion. The
			 Department shall determine whether such training satisfies the
			 requirement.
(b) Failure of an
			 appointed representative to attend the mandated training in the time frame set
			 forth in 603 CMR 50.05(3) and
			 50.12(3)
			  may result in the collaborative being placed
			 on probationary status in accordance with
			 603 CMR
			 50.10.
(c) The Department will publish notices of
			 available training, certification requirements, criteria for approval of
			 authorized training, and supplemental materials.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 50.00 - Education Collaboratives Regulations › Section 50.06 - Collaborative Employees

Current through Register 1525, July 5, 2024
(1)
Public Employer
. The collaborative board of directors
			 is a public employer and may employ such personnel as may be required to
			 fulfill its mission subject to the certification and approval standards in
			 M.G.L. c. 40, § 4E.
(2)
Segregation of Duties
.
(a) There must be segregation of duties
			 between the positions of executive director, treasurer and business
			 manager.
(b) No appointed
			 representative on the collaborative board of directors shall be eligible to
			 serve in the position of executive director, treasurer, or business manager or
			 a person with responsibilities similar to those of a town accountant.
(c) No employee of the collaborative may
			 serve on the board of directors of the educational collaborative or shall be
			 eligible to serve concurrently in the positions of treasurer, or business
			 manager or a person with responsibilities similar to those of a town
			 accountant.
(d) No employee shall
			 serve concurrently in the positions of executive director, treasurer, or
			 business manager or a person with responsibilities similar to those of a town
			 accountant.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 50.00 - Education Collaboratives Regulations › Section 50.07 - Finance

Current through Register 1525, July 5, 2024
(1)
Financial Accounting
			 System
. Each collaborative shall adopt and maintain a financial
			 accounting system in accordance with generally accepted accounting principles
			 as prescribed by the governmental accounting standards board and any
			 supplemental requirements prescribed jointly by the Commissioner and the
			 Commissioner of Revenue, in consultation with the State Auditor. At a minimum,
			 the financial accounting system shall delineate:
(a) administration and overhead;
(b) rental of real property;
(c) program costs;
(d) capital expenditures, including fixed
			 assets, real property or the improvement of real property;
(e) debt payments;
(f) deposits into a capital reserve;
			 and
(g) all additional disclosures
			 required in
			 603 CMR
			 50.08(2).
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 50.00 - Education Collaboratives Regulations › Section 50.08 - Reporting

Current through Register 1525, July 5, 2024
(1)
Annual Report
.
			 An educational collaborative shall prepare an annual report. Upon approval by
			 the collaborative board of directors and no later than January
			 1st of each year, the annual report for the
			 preceding fiscal year shall be submitted to the chair of each member district
			 and the Commissioner. The collaborative shall make the annual report available
			 on its website. The format and content of the annual report shall be presented
			 in accordance with guidelines established by the Department, and shall include,
			 at a minimum, the following information:
(a)
			 information on the programs and services provided by the
			 collaborative;
(b) discussion of
			 the cost-effectiveness of such programs and services;
(c) progress made toward achieving the
			 objectives and purposes set forth by the collaborative; and
(d) audited financial statements and the
			 independent auditor's report in accordance with 603 CMR 50.08(2).
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 50.00 - Education Collaboratives Regulations › Section 50.09 - Department Review of Educational Collaboratives

Current through Register 1525, July 5, 2024
(1)
Six-year Review
			 Cycle
. The Department shall review the programs and services
			 provided by each educational collaborative at least once every six years. The
			 review shall focus on compliance with special education and other programmatic
			 requirements, civil rights requirements, and financial systems and controls.
			 The review shall determine compliance with the written collaborative agreement,
			 with the requirements of M.G.L. c. 40, § 4E, and with
			 603
			 CMR 50.00. As a result of any finding, the
			 collaborative board of directors and/or the member districts may be required to
			 develop a corrective action plan that may result in remedial action or
			 suspension or revocation of the collaborative agreement as noted in
			 603 CMR
			 50.10 and
			 50.11.
(2)
Evaluation and
			 Compliance
. The Department may evaluate, review, or audit any part
			 of the educational collaborative's records to determine whether the student,
			 personnel, program and financial data reported by the collaborative are
			 accurate, to ensure compliance with applicable law and regulations, to
			 determine whether the collaborative is maintaining effective controls over
			 revenues, expenditures, assets, and liabilities, and to corroborate and augment
			 information provided in other reporting documents.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 50.00 - Education Collaboratives Regulations › Section 50.10 - Conditions, Probationary Status, Suspension, and Revocation

Current through Register 1525, July 5, 2024
(1)
Conditions
: The
			 Board or Commissioner may impose conditions on an educational collaborative for
			 the reasons identified in 603 CMR 50.10(2)(a)1. through 6. The Board may impose
			 conditions on the education collaborative that require the education
			 collaborative board of directors to address specific areas of
			 concern.
(2)
Probationary Status
.
(a) The Commissioner may place an educational
			 collaborative on probationary status, if in the Commissioner's judgement the
			 imposition of a condition alone would be insufficient to remediate the problem.
			 The Commissioner may act upon receipt of information which, in the opinion of
			 the Commissioner:
1. compromises the
			 collaborative's ability to provide a safe, healthy, and appropriate educational
			 environment;
2. indicates a failure
			 to comply with legal and regulatory requirements relating to the
			 collaborative's delivery of services to students;
3. indicates the presence of circumstances
			 that impede an educational collaborative's viability;
4. demonstrates inability or refusal to
			 comply with provisions of M.G.L. c. 40, § 4E,
			 603
			 CMR 50.00 or the terms of the collaborative
			 agreement;
5. demonstrates
			 deficiencies in programmatic quality of the collaborative; or
6. demonstrates significant malfeasance,
			 financial or otherwise, by any appointed representative of the collaborative
			 board of directors or any employee of the educational collaborative.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 50.00 - Education Collaboratives Regulations › Section 50.11 - Dissolution

Current through Register 1525, July 5, 2024
(1)
Voluntary
			 Termination
. A collaborative may dissolve the collaborative in
			 accordance with the procedures set forth in the collaborative
			 agreement.
(2)
Termination Procedures
. In all instances of
			 termination, the collaborative must:
(a)
			 Submit the following information to the Department:
1. A process for determining the appropriate
			 disposition of federal/state funds, equipment, and supplies;
2. Identification of the member district(s)
			 responsible for maintaining all fiscal records upon termination of the
			 collaborative;
3. Identification of
			 the member district(s) responsible for maintaining student, employee, and
			 program records upon termination of the collaborative;
4. The plans of the member districts to
			 accommodate the programs and services formerly provided by the educational
			 collaborative;
5. A process for
			 ensuring the secure disposal of all electronic items used by or containing
			 confidential or personally identifiable student and personnel information prior
			 to sale, disposal or donation of such items.
6. A process for determining the appropriate
			 disposition of all assets of the collaborative, including capital property
			 owned by the educational collaborative;
7. A process for meeting all liabilities of
			 the collaborative, including obligations for post-employment
			 benefits;
8. Copies of the minutes
			 of the meetings of the board of directors and the member districts' recording
			 of the vote to terminate the collaborative;
9. The effective date of the termination;
			 and
10. A copy of the final audit
			 of the collaborative, including an accounting of assets and liabilities of the
			 collaborative and the disposition of same.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 50.00 - Education Collaboratives Regulations › Section 50.12 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Waivers
. Upon written request from a collaborative or
			 member district, the Commissioner may waive the applicability of one or more
			 provisions of
			 603
			 CMR 50.00, upon certification that the collaborative
			 or member district has made a good faith effort to comply with said provisions
			 or has presented a reasonable alternative to the Commissioner. The waiver
			 request shall include sufficient documentation to support the need for relief.
			 Waivers of
			 603
			 CMR 50.00 shall be considered only under circumstances
			 the Commissioner deems exceptional and shall be granted only to the extent
			 allowed by law.
(2)
State Ethics Law
. Collaborative board members and
			 employees shall be public employees subject to M.G.L. c. 268A.
(3)
Related
			 Organizations
.
(a) No appointed
			 representative shall serve on the board of directors or as an officer or
			 employee of a related for-profit or nonprofit organization.
(b) The executive director, treasurer, and
			 business manager shall not serve as a board member, officer, or employee of any
			 related for-profit or nonprofit organization.
(c) No employee of an educational
			 collaborative shall be employed at any related for-profit or nonprofit
			 organization.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 51.00 - Criminal History Checks For School Employees › Section 51.01 - Authority, Scope, and Purpose

Current through Register 1525, July 5, 2024
(1)
Authority
.
			 603 CMR 51.00 is promulgated
			 pursuant to the authority of the Board of Elementary and Secondary Education
			 under M.G.L. c. 71, § 38R and St. 2013, c. 77.
(2)
Scope
.
			 603 CMR 51.00 governs the
			 state and national criminal history checks of individuals working in or
			 applying to work in Massachusetts public and private schools as required and
			 permitted by M.G.L. c. 71, § 38R, M.G.L. c. 6, §§ 167 through
			 178B and
			 803 CMR 2.00:
Criminal
			 Offender Record Information (CORI)
also apply to such criminal history
			 checks.
(3)
Purpose
. The purpose of
			 603 CMR 51.00 is to provide
			 school employers and employees with consistent rules and procedures regarding
			 criminal history background checks.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 51.00 - Criminal History Checks For School Employees › Section 51.03 - Individuals Subject to a National Criminal History Check for Suitability Determinations

Current through Register 1525, July 5, 2024
(1) School
			 employers shall review the results of a national criminal history check for all
			 current and prospective school employees in the following categories:
a) Any full or part-time employee who may
			 have direct and unmonitored contact with children;
(b) Any substitute employee who may have
			 direct and unmonitored contact with children;
(c) Any student teacher, apprentice or intern
			 working at a school who may have direct and unmonitored contact with children;
			 and
(d) Any individual who
			 regularly provides school related transportation to children.
Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 51.00 - Criminal History Checks For School Employees › Section 51.04 - School Employer Policies on National Criminal History Checks and Suitability Determinations; Confidentiality; Dissemination; Audit

Current through Register 1525, July 5, 2024
(1) Each school employer that receives CHRI
			 shall maintain a written CHRI policy that meets the minimum standards of the
			 DCJIS model CORI Policy and that complies with all federal rules and
			 regulations regarding CHRI, including limitations on record retention and the
			 requirement of CHRI consent forms.
(2) Security of CHRI: School employers will
			 conform to all of the requirements of the FBI Criminal Justice Information
			 System (CJIS) security policy and the DCJIS security policies and procedures
			 pertaining to the use, storage, dissemination, and destruction of CHRI and
			 CJI.
(3) Before taking any adverse
			 action based on CHRI, a school employer shall:
(a) comply with applicable federal and state
			 laws and regulations, which may include, but are not limited to, M.G.L. c. 71,
			 §§ 42 and 42D, and c. 150E, if applicable;
(b) notify the individual in person, by
			 telephone, fax, or electronic or hard copy correspondence of the potential
			 determination;
(c) provide a copy
			 of the individual's CHRI policy to the individual;
(d) provide a copy of the employer's CHRI
			 policy to the individual;
(e)
			 identify the information in the individual's CHRI that is the basis for the
			 potential determination;
(f)
			 provide the individual with the opportunity to dispute the accuracy of the
			 information contained in the CHRI;
(g) provide the individual with a copy of
			 state and FBI information regarding the process for correcting CHRI;
			 and
(h) document all steps taken to
			 comply with 603 CMR 51.04.