Be it enacted by the Senate and House
of Representatives in General Court assembled, and by the authority of the
same, as follows:
Chapter 40 of the General Laws is hereby amended by striking out section 4E, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:—
Section 4E. Pursuant to the provisions hereof, two or more school committees of cities, towns and regional school districts may enter into a written agreement to conduct education programs and services which shall complement and strengthen the school programs of member school committees and increase educational opportunities for children. The school committees shall collaborate to offer such programs and services, and the association of school committees which is formed pursuant hereof to deliver such programs and services shall be known as an education collaborative. The purpose of the education collaborative shall be to enable school districts to operate more efficiently and economically; assist school districts in improving student performance; and implement initiatives assigned by the general court or the commission of education. The education collaborative shall have a board of directors which shall have the power to select and terminate the executive director of the collaborative, to review and approve budgets for the collaborative and to establish policies for the collaborative which are consistent with the requirements of the law. The board of directors shall be comprised of one person appointed by each member school committee. Such person shall be either a school committee member or designee or the superintendent of schools. Each board member shall be entitled to one vote. The written agreement which shall form the basis of the education collaborative shall set forth the purposes of the program or service, the financial terms and conditions of membership of the education collaborative, the method of termination of the education collaborative and of the withdrawal of member school committees, the procedure for admitting new members and for amending the collaborative agreement, the powers and duties of the board of directors of the education collaborative and any other matter not incompatible with law which the member committees deem advisable. The agreement shall be subject to the approval of the member school committees and the commissioner of education. The commissioner of education shall develop in conjunction with collaborative directors and the Massachusetts Organization of Educational Collaboratives and promulgate a board of education approved policy on education collaboratives. Such policy shall be reviewed every five years by the board. Each board of directors of an education collaborative shall establish and manage a trust fund, to be known as Education Collaborative Trust Fund, and each such fund shall be designated by an appropriate name. All monies contributed by the member municipalities, and all grants or gifts from the federal government, state government, charitable foundations, private corporations, or any other source, shall be paid to the board of directors of the education collaborative and deposited in the aforesaid Fund. The board of directors of the education collaborative shall appoint a treasurer who may be a treasurer of a city, town or regional school district belonging to such collaborative. Such treasurer shall be authorized, subject to the direction of the board of directors of the education collaborative, to receive and disburse all monies of the trust fund without further appropriation. The treasurer shall give bond annually for the faithful performance of his duties as collaborative treasurer in a form approved by the department of revenue and in such sum, not less than the amount established by said department, as shall be fixed by the board of directors of the education collaborative. The board of directors of the education collaborative in its discretion may pay compensation to the treasurer for his services. No member of the board of directors of the education collaborative shall be eligible to serve as treasurer of said collaborative. The treasurer of the education collaborative board of directors shall have the authority to make appropriate investments of the monies of the Education Collaborative Trust Fund consistent with the provisions of section 54 of chapter 44. The board of directors of the education collaborative shall have the authority to borrow money, enter into long-term or short-term loan agreements and mortgages, issue bonds, apply for and be eligible to receive state, federal or corporate grants or contracts subject to the approval of the collaborative board members. For the purpose of applying for and receiving state, federal, or corporate grants or contracts only, education collaboratives shall be considered education service agencies. The board of directors of the education collaborative shall employ, and fix the compensation of an executive director. The executive director shall manage the education collaborative in a fashion consistent with state and federal law, board of education regulations, and policy determinations of the board of directors. The executive director, consistent with the collaborative's policies and budgetary restrictions, shall be responsible for hiring, supervising, overseeing, and terminating all personnel employed by the collaborative. The education collaborative shall be deemed to be a public employer, the representative of which is the board of directors. No person shall be eligible for employment bys aid collaborative as a teacher of children with intense special needs, teacher of children with special needs, teacher, guidance counselor, school psychologist, school adjustment counselor, school social worker, school nurse, unless he has been granted by the commissioner a provisional or standard certification pursuant to section 38G or chapter 71 or an approval under regulations promulgated by the board of education under chapter 71B or chapter 74 with respect to the type of position for which he seeks employment. The executive director of the collaborative shall implement the regulations and guidelines issued pursuant to section 38G of chapter 71. A board of directors of an education collaborative may, upon its request, be exempted by the board of education for any one school year from the requirements of this section to employ certified or approved personnel when compliance therewith would in the opinion of the board constitute a great hardship. Pursuant to Section 2 of Chapter 132 of the Acts of 198, this paragraph shall not apply to any person employed by an education collaborative on the effective date of that Act. An employee or volunteer of an education collaborative shall be immune from liability to the same extent as an employee or volunteer of a school district. The education collaborative shall be deemed to be a public entity, subject to or exempt from taxation in the same manner as a city, town or regional school district, and shall have standing to sue and be sued to the same extent as a city, town, or regional school district. An education collaborative, acting through its board of directors, may enter into contracts for the purchase of supplies, materials, services and for the purchase, sale or leasing of land, buildings and equipment as deemed necessary by such board of directors. A school committee of any city, town or regional school district may authorize the prepayment of monies for any educational program or service of the educational collaborative to the treasurer of an education collaborative, and the city, town or regional school district treasurer shall be required to approve and pay such monies in accordance with the authorization of the school committee. The provisions of sections forty-one, forty-two, forty-two D and forty-three of chapter 71 shall apply to each category of employees named in those sections who serve in education collaboratives.