Section 1K Determination of district’s chronic under-performance; designation of receiver; failure of municipality to fulfill fiscal responsibilities; petition for modification or removal of re - Massachusetts Statutes

Section 1K. Upon a determination by the board pursuant to regulations adopted by the board that a school district has consistently failed to improve the performance of students attending school in the district, the commissioner shall appoint an independent fact-finding team, pursuant to section 55A of chapter 15, to assess the reasons for the under-performance and the prospects for improvement. Upon review of the conclusions of the fact-finding team, the board may declare the district chronically under-performing. Following such a declaration, the board shall designate a receiver for the district with all the powers of the superintendent and school committee. The receiver shall report directly to the commissioner.

If a municipality has failed to fulfill its fiscal responsibilities to education under chapter seventy, the commissioner shall recommend to the board that the district be declared chronically under-performing. The municipality’s mayor or chairman of the board of selectmen shall have the opportunity to present evidence to the board. A vote by the board that a school district is chronically under-performing for fiscal reasons shall authorize the commissioner to petition the commissioner of revenue to require an increase in funds for the school district, alleging that the amount necessary in said community for the support of public schools has not been included in the annual budget appropriations. The commissioner of revenue shall determine the amount of any deficiency pursuant to the sums required under chapter seventy, if any, and issue an order compelling the community to provide a sum of money equal to such deficiency. If the community does not provide a sum of money equal to such deficiency, the commissioner of revenue, in accordance with his powers in section twenty-three of chapter fifty-nine, shall not approve the tax rate of the community for the fiscal year until the deficiency is alleviated. This section shall not be construed to create a cause of action for educational malpractice by students or their parents, guardians or persons acting as parents.

At any time after the imposition under this section or section one J of extraordinary measures at any school or of a receiver for any district, the school committee of the affected district, acting on the recommendation of the superintendent, may petition the commissioner for a determination whether such measures or receivership should be modified or eliminated and whether the school or school district is no longer chronically under-performing. A school district may seek review by the board of any adverse determination. The determination of the board shall be subject to judicial review in accordance with the provisions of section fourteen of chapter thirty A.