Code of Massachusetts Regulations
963 CMR - MASS. SCHOOL BUILDING AUTHORITY
Title 963 CMR 2.00 - School Building Grant Program
Section 2.01 - Authority, Applicability, Scope and Purpose

(1) 963 CMR 2.00 is promulgated by the Massachusetts School Building Authority ("Authority" or "MSBA") established by M.G.L. c. 70B pursuant to rule-making authority conferred by M.G.L. c. 70B and St. 2004, c. 208 for the implementation of that statute and the school building grant program it establishes, all is consistent with M.G.L. c. 30 and c. 30A.

(2) The provisions of 963 CMR 2.00 shall apply to all cities, towns, regional school districts, and independent agricultural and technical schools, and all projects for which an Eligible Applicant is seeking and/or receiving funds for a portion of a municipally-owned or regionally-owned school facility from the Authority pursuant to M.G.L. c. 70B. The provisions of 963 CMR 2.00 are intended to govern the relationship between the Authority and all cities, towns, regional school districts, and independent agricultural and technical schools with respect to such projects and are not intended to confer rights, enforcement prerogatives, or causes of action on third parties, including contractors, abutters, or members of the general public.

(3) Except with respect to the express provisions of 963 CMR 2.00 or as otherwise provided by law, including St. 2004, c. 208, all school projects previously awarded school building assistance grants by the Massachusetts Department of Education or grandfathered under the provisions of St. 2004, c. 208, § 45 shall continue to be governed by the provisions of 603 CMR 38.00 and Massachusetts Department of Education policies, guidelines, and practices and any amendments, clarifications, interpretations, policies or guidelines related to said 603 CMR 38.00 developed or implemented by the Authority.

(4) No city, town, regional school district, or independent agricultural and technical school shall have any entitlement to funds under M.G.L. c. 70B or the provisions of 963 CMR 2.00.

(5) 963 CMR 2.00 sets forth the Authority's authority and responsibilities to achieve the effective planning, management and financial sustainability of a program to provide partial funding for the construction, renovation or repair of municipally or regionally owned school facilities and sets forth the requirements which shall be met, the standards which shall be applied, and the procedures which shall be followed in the application for and the awarding of Authority school building funds. The Authority may issue supplemental policies, rules, guidelines, guidance documents, advisories, and/or administrative procedures to assist in the implementation and administration of M.G.L. c. 70B and 963 CMR 2.00.

(6) Cities, towns, regional school districts, and independent agricultural and technical schools are responsible for the administration and success of a project, and the provision of technical advice, guidance, approvals, or funds, if any, by the Authority shall not in any way be construed, interpreted or deemed to imply that the Authority shall have any responsibility for the administration or success of the project. Although cities, towns, regional school districts, and independent agricultural and technical schools are encouraged to seek the advice and opinion of the Authority on issues that may arise regarding the project, advice provided by the Authority shall not transfer the responsibility for final decisions from cities, towns, regional school districts, and independent agricultural and technical schools to the Authority, nor render the Authority responsible for any such advice.

(7) Total Facilities Grants awarded by the Authority pursuant to M.G.L. c. 70B and 963 CMR 2.00, if any, shall be used in conformance with M.G.L. c. 70B, St. 2004, c. 208, 963 CMR 2.00, the provisions of the Project Funding Agreement and any other documents, contracts, forms, statements, certifications or other documents required by the Authority, to achieve the grant objectives and to ensure that the purposes set forth in M.G.L. c. 70B and 963 CMR 2.00 are fully executed.

(8) The Authority shall not distribute any grant amounts in excess of the limitations established in M.G.L. c. 70B, § 7.