chapter 43 an act relative to improving accountability and oversight of education collaboratives...

Chapter 43

An Act Relative to Improving Accountability and Oversight of Education Collaboratives

Presentation to Board of Elementary and Secondary Education

March 20, 2012

Massachusetts Department of Elementary and Secondary Education

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Summary of key provisions

Creates legislative commission to study the role of collaboratives

Establishes new accountability requirements for collaboratives, including annual reporting and independent audits

Authorizes Board of ESE to adopt regulations regarding oversight of collaboratives

Requires ESE to train new collaborative board members


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Collaborative board One voting member appointed annually by each member

school committee or member charter school board from among its membership. A school committee may appoint its superintendent.

One voting member appointed by the Commissioner. Must hold a minimum of six meetings annually. Each board member:

must participate in training provided by ESE within 60 days of appointment.

must provide quarterly updates to his/her appointing school committee or charter school board at an open meeting.

is prohibited from receiving a salary or stipend for services as a board member.


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Other new requirements Each collaborative must amend its agreement to

conform with new law by March 2013 Clarifies requirements to employ certified (licensed)

personnel, including school nurses Each collaborative must maintain a web site with:

agreement, annual reports, board minutes, etc. Prohibits establishment of new programs that provide

services to adults, but allows existing programs to continue

Prohibits board members, executive directors, or any other employee from holding any position at a non-profit or for-profit entity that conducts business with or is affiliated with the collaborative


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Fiscal requirements May enter into contracts for purchase of supplies,

materials and services and for purchase or leasing of land, buildings and equipment, subject to G.L. c.30B

May borrow money, enter into long- or short-term agreements or mortgages and receive grants consistent with the purpose of the collaborative

Must notify each member within 30 calendar days of applying for real estate mortgages

Must adopt and maintain a financial accounting system in accordance with GAAP and any supplemental requirements prescribed jointly by Commissioners of ESE and DOR


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Reporting requirements File annual independent audits of the

collaborative’s financial statements with ESE, State Auditor and its members by January 1, to include the names , duties and compensation of the 5 most

highly compensated employees transactions between collaborative and related for-

profit or non-profit organization amounts expended for services to individuals over 22 amounts expended on administrative overhead transactions related to purchase, sale, rental or lease

of real property Collaborative board must discuss and vote on

independent audits in open meeting


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Board of ESE: new authority Promulgate regulations, to include

Standards for certification and completion of board member training

Components of the required annual report Amount of cumulative surplus revenues held

by collaboratives at the end of the fiscal year Administrative procedures for requiring

remedial plans, revoking approval of an agreement, or withholding public funding if the viability of the collaborative is at risk


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Board of ESE authority, cont’d. Upon the recommendation of the

Commissioner: Authority to approve all collaborative

agreements and amendments May suspend or revoke with cause the

written collaborative agreement, following other remedial steps


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Dept. of ESE: new authority Commissioner:

Must appoint one “independent” voting member to each collaborative board

May assign probationary status to collaborative to allow implementation of a remedial plan May direct school districts and charter schools to

withhold payment of public funds May, in consultation, with A&F, withhold state funds

Makes recommendations to Board of ESE on approval or revocation of agreements or amendments


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Dept. of ESE authority, cont’d. Create and provide training to all collaborative board

members Develop a model agreement no later than September 2012 May review or audit collaborative’s records to determine

accuracy, to ensure compliance and to determine whether the collaborative is maintaining effective controls over finances

May enter into an agreement with the operational services division to assist in review of finances or posting of collaborative audits on line

Collect collaborative independent audits as of January 1 Collect annual reports by January 1 for the previous fiscal

year and provide a printed copy, upon request Report on MCAS results by collaborative Review the programs and services of collaboratives every 6

years to determine compliance with agreement and any requirement of regulation or law

Maintain a website to include: model agreement, annual reports, audits


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Legislative commission Co-Chaired by House and Senate Chairs

of the Joint Committee on Education First meeting must take place by May 1st Commission must issue a report of its

recommendations no later than 12 months after its first meeting


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Legislative commission: topics Whether a statewide network of collaboratives should be

established to implement new programs and provide technical assistance in partnership with ESE

Whether collaboratives are appropriate settings for providing programs to developmentally disabled adults over the age of 22

How to maximize the efficiency and capacity of existing collaboratives

Appropriate role and relationship between collaboratives and profit or non-profit agencies

Appropriate compensation levels and authority of collaborative management employees

Merits of merging or consolidating existing collaboratives, including a study of the effect

Provision of non-education related services by collaboratives to other government entities and appropriateness and effect of those provisions on the core mission of the collaborative

chapter 43 an act relative to improving accountability and oversight of education collaboratives...

Documents

board of elementary

member charter school

board minutes

member school committee

voting member

secondary educationmarch

commissioners of ese

new law