Chapter 150E, the collective bargaining law for public employees, became effective July 1, 1974, superseding the original public employee collective bargaining law in place since 1965. The current statute requires that public employers bargain with their employees concerning wages, hours, conditions of employment, and standards of productivity and performance. Both parties are expected to meet at reasonable times and to bargain in good faith; neither party is compelled to agree to a proposal or to make a concession. A provision of the 1993 Education Reform Act requires that the chief executive officer of a city or town will participate and vote as a member of the committee. If no chief executive officer exists, then the chair of the board of selectmen will serve. In regional districts, the boards of selectmen from each town shall select one member to represent all the boards.
POLICY
Establish and periodically review educational goals and policies for the schools in the district, consistent with the requirements of law and the statewide goals and standards established by the Board of Education. This is the primary role of the school committee. Policies should be reflective of the fact that the school committee has oversight of and responsibility for the school system, the direction in which the system must go, and establish criteria to determine if its goal and policies are being met.
FINANCE
Review and approve a budget for education in the district according to a process and timeline developed with the superintendent.
Work to ensure that necessary funds are appropriated for the district and that a balance is maintained between needs and resources in the distribution of available monies.
Oversee the operation of the annual school budget
STAFFING
Appoint the superintendent
Appoint the assistant/associate superintendents, school business administrator, administrator of special education, school physicians and registered nurses (unless employees of the Board of Health), legal counsel, and supervisors of attendance, upon recommendation of the superintendent.
Prescribe additional qualifications for educator positions, beyond basic certification.
Discipline or terminate the employment of the superintendent, in accordance with state law and the terms of the contract of employment.
COLLECTIVE BARGAINING
Act as employer of school employees for collective bargaining purposes.
Designate a negotiator or negotiating team.
Receive advice from superintendent about educational consequences of bargaining positions.
PERFORMANCE STANDARDS
Establish, upon the recommendation of the superintendent, the performance standards for teachers and other employees of the school district.
Evaluate the performance of the superintendent.
Conduct self-evaluation of the committee's effectiveness in meeting its stated goals and performing its role in public school governance.
PROFESSIONAL DEVELOPMENT
Adopt a professional development plan for all principals, teachers and other professional staff employed by the district.
Provide and encourage resources for school committee professional development programs that will enable school leaders to have the knowledge and skills required to provide effective policy leadership for the school system.
SCHOOL COUNCILS
Review and approve an annual school improvement plan for each school in the district.
Provide and encourage resources for school council professional development programs that will enable council members to have knowledge and skills required to provide effective educational leadership.
ADVOCACY
Engage in advocacy on behalf of students and their schools and promote the benefits of a public school system to the community.
Work closely, when appropriate, with other Governmental agencies and bodies
Collaborate with other school committees through state and national school committee associations to let state legislators, members of Congress, and all other appropriate state and federal officials know of local concerns and issues.
CURRICULUM
Approve major adoption or revision of curriculum and textbooks upon recommendation of the superintendent.
GOVERNANCE
Establish educational goals and policies for the schools in the district, consistent with the requirement of law and the standards established by the Board of Education.
Delegate to the superintendent the responsibilities for all administrative functions.
Act only as a body as prescribed by law and not as individual members.COMMUNICATION
Support the development and promotion of the vision, mission, goals and strategies of the school system.
Review prior to all school committee meetings the information provided by the superintendent and when possible communicate any questions or concerns to the superintendent prior to the meeting to provide and opportunity for a response.
Consult and confer with the superintendent on all matters as they arise that concern the system and on which the school committee may take action.
Maintain open communication between the community and the schools by scheduling public meetings on a regular basis.
Support the superintendent in all matters that conform to committee policy.
Source: Massachusetts Association of School Committees
www.masc.org
“Meeting”, a deliberation by a public body with respect to any matter within the body’s jurisdiction; provided, however, “meeting” shall not include:
(a) an on-site inspection of a project or program, so long as the members do not deliberate;
(b) attendance by a quorum of a public body at a public or private gathering, including a conference or training program or a media, social or other event, so long as the members do not deliberate;
(c) attendance by a quorum of a public body at a meeting of another public body that has complied with the notice requirements of the open meeting law, so long as the visiting members communicate only by open participation in the meeting on those matters under discussion by the host body and do not deliberate;
(d) a meeting of a quasi-judicial board or commission held for the sole purpose of making a decision required in an adjudicatory proceeding brought before it; or
(e) a session of a town meeting convened under section 10 of chapter 39 which would include the attendance by a quorum of a public body at any such session.
“Deliberation”, an oral or written communication through any medium, including electronic mail, between or among a quorum of a public body on any public business within its jurisdiction; provided, however, that “deliberation” shall not include the distribution of a meeting agenda, scheduling information or distribution of other procedural meeting or the distribution of reports or documents that may be discussed at a meeting, provided that no opinion of a member is expressed.
Emergency is defined as "a sudden, generally unexpected occurrence or set of circumstances demanding immediate action." The emergency in question must be one that relates directly to the functions and responsibilities of the governmental body convening the meeting; it cannot be an emergency brought on by the needs or requirements of a person or entity not related to the governmental body. In addition, the emergency must be of such a nature that there is not time to wait forty-eight hours (the Law's prescribed notice period) to hold a meeting.
The Open Meeting Law applies to every meeting of a quorum of a governmental body if any public business over which the governmental body has jurisdiction is discussed or considered.
A meeting of a governmental body subcommittee, which is itself a governmental body, is subject to the Law if a quorum of the subcommittee is present, even if that quorum is not sufficient to constitute a quorum of the parent governmental body.
When quorums of two governmental bodies meet jointly it is a meeting of each governmental body. If only one of the governmental bodies has a quorum present, it is a meeting only of that governmental body.
The Law does not apply to any "chance" or "social" meetings of a governmental body or members of the body at which matters relating to official business are discussed, so long as no final decision on such business is reached. The Law specifically states that chance or social meetings are not to be used to circumvent the letter or spirit of the Law by treating them as occasions to discuss or act on a matter within the governmental body's jurisdiction, control or advisory power.
Except for notice requirements, the Law applies to emergency meetings. Emergency is defined as "a sudden, generally unexpected occurrence or set of circumstances demanding immediate action." The emergency in question must be one that relates directly to the functions and responsibilities of the governmental body convening the meeting; it cannot be an emergency brought on by the needs or requirements of a person or entity not related to the governmental body. In addition, the emergency must be of such a nature that there is not time to wait forty-eight hours (the Law's prescribed notice period) to hold a meeting.
Section 23C. No person shall address a meeting of a public body without permission of the chair, and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt the proceedings, the chair may order the person to withdraw from the meeting and if the person does not withdraw, the chair may authorize a constable or other officer to remove the person from the meeting.
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