Current through Register 1531, September 27, 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.
(4)
Waivers. Upon
the written request of the Commissioner, the Board may waive any provision of
603 CMR
48.00 for good cause.
