Section 16. A regional school district established under the provisions of the preceding section shall be a body politic and corporate with all the powers and duties conferred by law upon school committees, and with the following additional powers and duties:
(a) To adopt a name and a corporate seal, and the engraved or printed facsimile of such seal on a bond or note of the district shall have the same validity and effect as though such seal were impressed thereon.
(b) To sue and be sued, but only to the same extent and upon the same conditions that a town may sue or be sued.
(c) To acquire property within the towns comprising the district under the provisions of chapter seventy-nine and section fourteen of chapter forty for the purposes of the district and to construct, reconstruct, add to, remodel, make extraordinary repairs to, equip, organize and operate a school or schools for the benefit of the towns comprising the district, and to make any necessary contracts in relation thereto; provided, however, that no property shall be acquired unless the town in which such property is located approves such acquisition by a two-thirds vote at a town meeting which shall be called within sixty days after the district committee authorizes the incurring of debt for such purpose.
(d) To incur debt for the purpose of acquiring land and constructing, reconstructing, adding to and equipping a school building or for the purpose of remodeling and making extraordinary repairs to a school building and for the construction of sewerage systems and sewerage treatment and disposal facilities, or for the purchase or use of such systems with municipalities, and for the purpose of purchasing department equipment; or for the purpose of constructing, reconstructing or making improvements to outdoor playground, athletic or recreational facilities; or for the purpose of constructing, reconstructing or resurfacing roadways and parking lots; or for the purpose of any other public work or improvement of a permanent nature required by the district; or for the purpose of any planning, architectural or engineering costs relating to any of the above purposes; provided, however, that written notice of the amount of the debt and of the general purposes for which it was authorized shall be given to the board of selectmen in each of the towns comprising the district not later than 7 days after the date on which the debt was authorized by the district committee; provided further, that no debt may be incurred until the expiration of 60 days after the date on which the debt was authorized; and provided further, that before the expiration of this period any member town of the regional school district may hold a town meeting for the purpose of expressing disapproval of the amount of debt authorized by the district committee, and if at that meeting a majority of the voters present and voting express disapproval of the amount authorized by the district committee, the debt shall not be incurred and the district school committee shall prepare another proposal which may be the same as any prior proposal and an authorization to incur debt therefor. Debt incurred under this section shall be payable within 30 years, but no such debt shall be issued for a period longer than the maximum useful life of the project being financed as determined in accordance with guidelines established by the director of accounts pursuant to section 38 of chapter 44.
In the case of a vocational regional school district, if the district agreement so provides or is amended to so provide, such debt may also be incurred if two thirds of the member towns do not vote disapproval within said sixty day period provided that said towns which have not voted disapproval agree, within ninety days of the date on which said debt was authorized, to pay the total bond indebtedness authorized by the district committee without contribution by the member towns which voted disapproval of the amount of said debt. The member towns of such vocational regional school district which have voted disapproval of the new indebtedness shall have the right to retain their membership in the school district as provided in their district agreement except that they shall not be allowed any added enrollment that might result solely from the expansion of facilities that occurs on account of said new indebtedness.
(e) To issue bonds and notes in the name and upon the full faith and credit of said district; said bonds or notes shall be signed by the chairman and treasurer of the district committee, except that said chairman by a writing bearing his written signature and filed in the office of said treasurer, which writing shall be open to public inspection, may authorize said treasurer to cause to be engraved or printed on said bonds or notes a facsimile of said chairman's signature, and such facsimile so engraved or printed shall have the same validity and effect as said chairman's written signature, and each issue of bonds or notes shall be a separate loan.
(f) To receive and disburse funds for any district purpose.
(g) To incur temporary debt in anticipation of revenue to be received from any source. This clause shall also apply to all regional school districts established under the provisions of special laws.
(h) To assess member towns for any expenses of the district.
(i) To receive any grants or gifts for the purposes of the regional district school or schools.
(j) To engage legal counsel.
(k) To submit an annual report to each of the member towns, containing a detailed financial statement, and a statement showing the method by which the annual charges assessed against each town were computed, together with such additional information relating to the operation and maintenance of such school or schools as may be deemed necessary by the district school committee or by the selectmen of any member town.
(l) To employ a superintendent of schools who may also be a superintendent of one or more of the towns comprising said district and to establish an employment contract for a period of time to provide for the salary, fringe benefits, and other conditions of employment, including but not limited to, severance pay, relocation expenses, reimbursement for expenses incurred in the performance of duties of office, liability insurance, and leave for said superintendent, and said superintendent shall have all the powers and duties imposed upon school superintendents by law.
(m) To adopt an annual operating and maintenance budget for the next fiscal year not later than forty-five days prior to the earliest date on which the business session of the annual town meeting of any member town is to be held, but not later than March thirty-first, provided that said budget need not be adopted prior to February first; provided, further, that a superintendent may, with the approval of a majority of the member communities, submit said budget for approval following the notification of the annual local aid distribution, so-called.
(n) To incur debt for the purposes and terms specified in clause (d); provided that the vote of the district committee authorizing such debt is approved by a majority of the registered voters in the member towns voting on the question at an election called and held pursuant to the following provisions. The election shall be called by a warrant addressed to the registered voters in the member towns and signed by a majority of the members of the district committee which shall set forth the date of the election, the polling place or places in each town, the hours during which the polls are to be open and the question which is to appear upon the ballot. Notice of the election shall be given by posting a copy of the warrant attested by the secretary of the committee in at least one public place in each town and by publishing a copy thereof at least once in a newspaper of general circulation in the district, said posting and publishing to occur at least ten days before said election. A certificate of the secretary shall be conclusive evidence that the warrant was duly posted and published. The number and location of the polling place, or places, in each town shall be determined by the district committee after consultation with the selectmen thereof; and the hours during which all the polls in the district are open shall be uniform throughout the district and shall be not less than four nor more than eight consecutive hours. The district committee shall be responsible for preparing the ballots used at the election. The town clerk of each town shall certify the results of the election to the district committee. Except as provided herein the election shall be conducted in each town in the same manner as town meetings for the election of town officers. The expenses of the election shall be paid by the regional school district as an operating expense of the district; and if provision for their payment is not included in the budget for the year in which they are incurred, the district committee may use any available funds of the district or may transfer the sums required from appropriations included in the budget. The defeat of a proposal for incurring debt shall not prevent the resubmission of the same proposal as a new authorization.
(o) To refinance any debt incurred under paragraphs (d), (e), or (n), in accordance with the provisions of section 21A of chapter 44.
(p) To lease, or lease with an option to purchase, equipment for educational purposes. Such leases may be made for periods not exceeding five years.
(q) To lease land and buildings for educational purposes. Such leases may be made for periods not exceeding five years.
(r) To rent or lease with the approval of the commissioner of education surplus space in a school building of the district to house public or private profit-making businesses or nonprofit organizations; provided, however, that if said school building is in actual use such joint occupancy shall not interfere with education programs being conducted therein; and provided, further, that if said school building is not in actual use, such lease must be approved by the city or town in which the said building is located. Such leases may be made for periods not exceeding ten years. The monies received from such rental or lease shall be kept separate and apart from other funds in the district treasury by the district treasurer, and the principal and interest thereon may be expended without further appropriation by the regional school district committee for the upkeep of the facility in which such surplus space is located; provided, however, that any balance remaining in such account at the close of a fiscal year shall be paid into the excess and deficiency fund, so called, of the regional school district as unencumbered funds and expended as provided in section sixteen B.5.
Structure Massachusetts General Laws
Part I - Administration of the Government
Section 1 - Maintenance; Double Sessions; Subjects; Twelve-Month School Year
Section 11/2 - Definitions; Applicability of Sec. 2 of Chapter 70
Section 1a - Period of Silence
Section 2a - Use of Tobacco Products Within School Buildings or Facilities or on School Grounds
Section 2b - Courses in American Sign Language
Section 3 - Physical Education
Section 4 - High Schools; Maintenance; Diplomas Awarded to Veterans
Section 4a - Failure to Keep Schools Open for Required Period; Penalty
Section 6 - Education in Out-of-Town High Schools
Section 6a - Admission of Students From Outside Commonwealth
Section 7a - Transportation of Pupils; Payment of Costs; Limitations
Section 7b - Transportation of Pupils; Reimbursement of Costs; Determination of Amount; Use of Funds
Section 7c - Bus Transportation Programs; Financial Assistance
Section 10 - Expenses of Physically Disabled Children
Section 11 - High School; Definition
Section 13 - Requested Courses; School Committee Approval
Section 13d - High Schools; Required Subjects; Driver Training
Section 13g - Executive Committee for Educational Television; Rules and Regulations; Personnel
Section 13h - Educational Television Program Fund; Accounts and Reports
Section 13i - Executive Committee for Educational Television; Powers and Duties
Section 14 - Regional School District Planning Committee; Creation; Membership
Section 14a - Duties of Planning Board
Section 14b - Regional School Districts; Formation; Procedure
Section 14c - Lease or Sale of Property to Regional School Districts
Section 14d - Regional School District Planning Board; Agreement; Approval of Indebtedness
Section 14e - Regional School District Committee Membership Options
Section 15 - Acceptance of Organization Provisions by Electorate
Section 16 - Regional School Districts; Status; Powers and Duties
Section 16b - Budgets; Apportionment of Expenses
Section 16b1/2 - Excess and Deficiency Fund; Surplus Funds Used to Reduce Assessments
Section 16c - Regional School Districts; School Transportation
Section 16e - Regional School Districts; Audits; Payment of Costs
Section 16f - Retirement System
Section 16g - Liability of Towns for Expenses of District
Section 16g1/2 - Stabilization Fund
Section 16i - Severability of Sections Relating to Regional School Districts
Section 17a - Culinary Arts Program; Special Fund
Section 19 - Evening Classes in High Schools
Section 20 - Notice of Evening Schools; Publication; Fees for Instruction
Section 20a - Instructional Materials Trust Fund
Section 21 - Continuation Schools; Establishment; Conditions
Section 23 - Use of Existing Educational Facilities
Section 24 - Cost of Maintenance; Source of Funds
Section 25 - Unemployed Minors; Attendance Requirements
Section 26 - Penalty for Failure to Establish or Maintain School
Section 26a - Extended School Services for Children; Establishment; Conditions
Section 26b - Extended School Services for Children; Organization and Operation of Plan
Section 26c - Extended School Services for Children; Contributions and Federal Funds; Use
Section 26d - Borrowing in Anticipation of Federal Funds
Section 31a - Guidelines for Celebration of Holidays Authorized
Section 32 - Observance of Memorial Day
Section 32a - Sex Education; Policy Regarding Notice to Parents, Exception
Section 34 - Support of Schools; Appropriations; Recommendations
Section 34a - Transcript of Student's Record; Availability
Section 34b - Remedy for Failure to Furnish Transcript of Student's Record
Section 34e - Inspection of Student Records; Persons Authorized
Section 34g - Private Schools; Transfer of Transcripts Upon Ceasing Operation
Section 35 - Beginning of Term
Section 36 - Secretary; Appointment; Duties
Section 36a - Orientation for School Committee Members
Section 37 - Powers and Duties; Superintendent Serving Joint Districts
Section 37a - Grants; Acceptance and Disbursement
Section 37b - Purchase of or Making Payments to Annuities or Investments
Section 37c - Promotion of Racial Balance
Section 37e - Legal Counsel for Collective Bargaining
Section 37f - Legal Counsel for General Purposes
Section 37g - Corporal Punishment of Pupils Prohibited; Use of Physical Restraint; Regulations
Section 37h - Policies Relative to Conduct of Teachers or Students; Student Handbooks
Section 37h1/2 - Felony Complaint or Conviction of Student; Suspension; Expulsion; Right to Appeal
Section 37k - Business Demonstration Projects; Disposition of Proceeds
Section 37m - Consolidation of Administrative Functions With City or Town
Section 37n - Policy for School-Sponsored Student Travel
Section 37q - Mental Health Support Plans
Section 38a - Duties; Appointment of Director of Occupational Guidance, Duties of Director
Section 38c - Status of Director of Occupational Guidance
Section 38d - District Directors of Occupational Guidance; Appointment
Section 38h - School Librarian and School Library Supervisor or Co-Ordinator; Tenure
Section 38i - Reimbursement of Teachers for Tuitions and Fees
Section 38k - Public Relations Bureau in School Departments; Establishment
Section 38m - Student Advisory Committees
Section 38n - Proposed Annual Budgets; Public Hearings Required; Quorum
Section 38o - Sex Education Advisory Committees
Section 38p - School Psychologists; Tenure
Section 38q - Professional Development Plans; Statewide Assistance Plan
Section 38q1/2 - Curriculum Accommodation Plan
Section 39 - Teacher's Application Forms; Questions Concerning Religion or Politics
Section 40 - Compensation of Teachers; Deferred Payment
Section 41a - Leaves of Absence of Professional Staff
Section 41b - Leaves of Absence; Peace Corps
Section 42b - Rights of School Employees in Regional Districts
Section 42c - Records of Teachers; Inspection
Section 42d - Suspension of District Employees
Section 43 - Reduction of Salaries; Conditions
Section 44 - Restrictions on Teachers' Political Rights; Prohibition
Section 45 - Procurement of Teaching Positions; Regulation of Fees; Penalty for Violation
Section 47 - Athletic Programs; School Organizations; Student Activity Accounts
Section 47a - Athletic Coaches; Employment
Section 48 - Textbooks and School Supplies
Section 48a - School Safety Patrols; Functions, Limitations; Liability
Section 48b - Uniforms of School Employees
Section 49 - Purchase of Textbooks by Pupils
Section 49a - Orders for Materials and Equipment; Contracts for Services
Section 50 - Change of School Books
Section 51 - Exhibition of School Work at Expositions
Section 52 - Compensation of School Committee Members
Section 53 - School Physicians and Nurses
Section 54 - Examination of Children and School Personnel
Section 54b - Administration of Medications in School Settings; Regulations
Section 55 - Contagious Diseases; Regulations
Section 55c - Eye Protective Devices
Section 56 - Sick Children; Notification of Parents
Section 57 - Physical Examination of Pupils; Eye Examination, Written Report
Section 59 - Superintendent of Schools; Appointment; Compensation; Powers and Duties
Section 59a - Superintendents of Schools in Small Towns; Appointment; State Aid for Compensation
Section 59b - Principals; Appointment; Compensation; Duties; Appointment of Other Personnel
Section 59c - School Councils; Members; Meetings; Duties
Section 59d - School-Community Partnerships; Grant Program
Section 62 - Readjustment of Town Unions
Section 64 - Union Superintendent; Compensation
Section 69 - Display of National Flags; Pledge of Allegiance; Penalty for Violation
Section 69a - Plaque Reading ''for God and Country''; Placement on Public School Buildings
Section 70 - Location of Schools
Section 71 - Use of School Property; Purposes
Section 71a - Highway Safety Stations; Designation, Discontinuance
Section 71b - Adult Physical Fitness Programs
Section 71c - Community School Programs; Receipts; Deposit and Expenditure
Section 71d - Prepayment of Tuition to Private Schools or Program Sources
Section 73 - Closing of School for Teachers' Meetings
Section 74 - Management of Schools Funds by Private Corporations
Section 75 - Extended Courses of Instruction
Section 76 - Rules of Admission
Section 77 - Joint Establishment of Extended Courses
Section 79 - Junior College Designation, Degrees
Section 80 - Lunch Period for Teachers
Section 81 - Junior Colleges; Restriction on Establishment
Section 83 - Dress and Appearance of Students Protected
Section 84 - Discipline of Students on Matters Unrelated to School-Sponsored Activities Prohibited
Section 86 - Application of Secs. 83 to 85
Section 87 - Intelligence Test Scores; Records
Section 88 - Military Recruiters; On-Campus Recruiting Opportunities
Section 90 - Classroom Placement of Twins or Higher Order Multiples
Section 92 - Innovation Schools
Section 94 - Commonwealth Virtual Schools
Section 96 - Substance Use Prevention and Abuse Education Policies for Public Schools
Section 97 - Verbal Screening Tool for Substance Abuse Disorders