Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. For the purposes of this act, the following words shall have, unless the context requires otherwise, the following meanings:

"City", the city of Chelsea.

"School committee", the school committee of said city of Chelsea.

"School system", the public school system of said city of Chelsea.

"University", Boston University or, where appropriate, the trustees of Boston University.

SECTION 2. It is hereby declared and determined: that providing the best possible education to students in the public schools of the city of Chelsea and to the inhabitants of said city is the essential public purpose of the school committee; that the school system in said city currently offers unacceptably low levels of educational opportunity, as reflected by the poor performance of students on standardized tests, by the unacceptably high dropout rate of students and by the prevalence of functional illiteracy and academically and vocationally unprepared students in said city; that it is in the best interests of said city and its inhabitants to create new and expand existing educational opportunities in the school system so as to improve the academic performance of the students and to increase the general level of education among the inhabitants of said city; that the creation and expansion of educational opportunities within said school system would be significantly improved with the assistance of and under the direction of experts; that the university employs talented faculty and administrators who are experts in matters of educational policy and management, has particular knowledge of said school system gained by conducting a comprehensive study of said school system, has proven its ability, in a detailed report to the school committee, to identify the problems faced by said school system and to make specific and practical recommendations for capitalizing on the strengths and eliminating the weaknesses of said school system so that it may solve those problems, and thus is uniquely qualified to help the school committee make significant improvements in the educational opportunities offered by said school system and in the academic performance of students within said system; and that said city is experiencing and has experienced in recent years financial instability as evidenced in part by the enactment of chapter one hundred and forty-seven of the acts of nineteen hundred and eighty-six, which instability has detracted further from the ability of the school committee to improve the condition of said school system and provides a further indication of the need for the extraordinary grant of authority to the school committee provided by this act.

It is further determined and declared to be in the best interests of said city and its inhabitants and said school system and its students and for the school committee, in exercising its duties, powers and functions, to seek the assistance and employ the resources of the university by granting some or all of such duties, powers and functions to the university in accordance with the provisions of this act, thereby fulfilling an essential public purpose.

SECTION 3. Notwithstanding any provision of any general or special law to the contrary, including without limitation the provisions of chapter seventy-one of the General Laws, and notwithstanding any provision of the city's charter to the contrary, the school committee is hereby authorized to enter into an agreement with the university, which may be subject to amendment by the parties from time to time and which shall be subject to termination by the school committee upon reasonable notice, under which (i) the school committee shall delegate to the university some or all of its legal duties, powers and functions, on such terms and subject to such conditions, controls, standards and procedures as the school committee may determine to be appropriate to ensure that the public purposes of the agreement and this act are carried out, and (ii) the university shall act for, on behalf of and in the name and stead of the school committee, in the manner set forth in such agreement, in exercising the duties, powers and functions which are so delegated. Any such agreement may provide that no votes of the school committee shall be required in connection with the exercise of any such powers. The term of any such agreement shall not exceed ten years.

SECTION 4. In exercising and performing any duties, powers and functions delegated to it pursuant to section three, the university shall use its best efforts to implement, during the term of any agreement entered into pursuant to said section three, the policy goals, purposes and objectives of this act, including, without limitation, revitalizing the curriculum of the school system to increase the rigor and breadth of the courses of instruction, including practice in organizing, integrating and applying knowledge with an emphasis on reasoning, mastery of content and problem-solving; to establish programs of professional development for school personnel and to provide learning opportunities for parents; to improve test scores of students in the school system, especially the scores for each school and the system as a whole in the elementary grades in reading, writing and mathematics; to decrease the dropout rate; to increase the average daily student attendance rate; to increase the number of high school graduates; to increase the number of high school graduates going on to attend four-year colleges; to increase the number of job placements for graduates; to develop a community school program through which before-school, after-school and summer programs are offered to students in the school system and adult education classes for inhabitants of the city; to identify and encourage the utilization of community resources; to establish programs which link the homes to the schools; to decrease teacher absenteeism; to improve the financial management of the school system and expand the range of operating funds available to the school system; to increase salaries and benefits for all staff, including raising the teacher salary average to make it competitive with the statewide average; to construct effective recruiting, hiring and retention procedures for staff members; to establish student assessment designs and procedures which are of assistance in monitoring programs and which act as incentives for staff members in each school; and to expand and modernize physical facilities in the school system. Any agreement entered into pursuant to the provisions of section three shall require the university to make periodic, detailed reports to the school committee, the mayor of the city and the board of aldermen of the city with respect to the efforts and undertakings of the university under the provisions of such agreement and of this act.

SECTION 5. This act shall not be construed or interpreted to limit the authority of any public official otherwise authorized to conduct an audit of the public funds of the city or of the school committee, but neither shall this act be construed or interpreted to extend the authority of any such official to conduct an audit of any private funds of the university. The provisions of chapter twelve A of the General Laws shall not apply to any undertaking by the university or any of its officers, trustees, employees or agents pursuant to the provisions of this act, unless, and to the extent, any such undertaking shall be financed by funds received by the city, or an officer or department thereof, in accordance with the provisions of section fifty-three or section fifty-three A of chapter forty-four of the General Laws.

SECTION 6. For the purposes of sections twenty-three A to twenty-three C, inclusive, of chapter thirty-nine of the General Laws and in connection with any undertaking by the university or any of its officers, trustees, employees or agents pursuant to the provisions of this act, no group of officers, trustees, employees or agents of the university shall be deemed to constitute a governmental body; provided, however, that all final decisions of the university acting pursuant to powers delegated by the school committee, which decisions, if made by the school committee directly, would be required to be made in an open meeting pursuant to said chapter thirty-nine, shall be made at a meeting open to the public conducted by one or more authorized representatives of the university. Except in an emergency, notice of any such meeting shall be filed with the clerk of the city, and the notice or a copy thereof shall be publicly posted in the office of said clerk or on the principal official bulletin board of the city at least forty-eight hours prior to such meeting, including Saturdays but not including Sundays.

SECTION 7. For the purposes of section ten of chapter sixty-six and clause Twenty-sixth of section seven of chapter four of the General Laws and in connection with any undertaking by the university or any of its officers, trustees, employees or agents pursuant to the provisions of this act, no book, paper, map, photograph, recorded tape, financial statement, statistical tabulation or other documentary materials or data made or received by any officer, trustee, employee or agent of the university shall be deemed to be a public record by virtue of having been so made or received, unless, and to the extent, any such record contains or describes (i) a final policy decision or position or (ii) a recommendation presented for action at an open meeting described in section six of this act. In connection with any such undertaking, no internal memorandum or correspondence between or among officers, trustees, employees or agents of the university shall be deemed to be a personnel record or part of a personnel folder, file or card for the purposes of section forty-two C of chapter seventy-one or section fifty-two C of chapter one hundred and forty-nine of the General Laws, nor shall refusal by the university or any such officer, trustee, employee or agent to furnish any such memorandum or correspondence, or any other document which is not a public record, or the information contained therein to any person or organization constitute a prohibited practice within the meaning of paragraph (a) of section ten of chapter one hundred and fifty E of the General Laws; provided, however, that any such memorandum or correspondence, to the extent used in connection with a decision relating to tenure, suspension, promotion, demotion or dismissal of an employee of the school system, shall be made available to such employee and to any organization representing such employee pursuant to said chapter one hundred and fifty E; and, provided further, that nothing in this act is intended to impair or limit the access of any individual or organization to records maintained in the city by the school committee or the superintendent of schools.

SECTION 8. Notwithstanding any provision of any special or general law to the contrary, while acting pursuant to any agreement with the school committee authorized by this act, the university in its corporate capacity and all of its officers, trustees, employees and agents (1) shall be deemed to be public employees for the purposes of chapter two hundred and fifty-eight of the General Laws and (2) shall be immune from liability for torts, except those based on wanton or malicious conduct, and from liability based on the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty, whether or not the discretion involved is abused; provided, however, that nothing in this act shall be construed to provide immunity with respect to any violation of the civil rights of any person under any law.

No person shall be entitled to the immunity provided by this section unless such person provides reasonable cooperation to the city and the school committee in the defense of any action or proceeding which arises out of the conduct of such person.

Except for the liability pursuant to chapter two hundred and fifty-eight of the General Laws provided for herein, nothing in this section shall be construed to impose any liability upon the city, the school committee, or any officer, employee or agent of either the city or the school committee, or to transfer any liability from the university, its officers, trustees, employees or agents to the city, the school committee or any officer, employee or agent of either the city or the school committee.

Notwithstanding any provision of any general or special law to the contrary, including, without limitation, the provisions of chapter two hundred and fifty-eight of the General Laws, and notwithstanding any provision of the city's charter to the contrary, the city and the school committee are hereby authorized to defend, hold harmless and indemnify the university, its officers, trustees, employees and agents as and to the extent they may agree to do so expressly in any agreement with the university, and the approval of any such agreement by the city board of aldermen and the execution thereof by the mayor of the city shall be conclusive as to the validity, enforceability and binding nature of any such agreement; provided, however, that the provisions of this paragraph shall not be construed to supersede or otherwise modify the provisions of the first paragraph of this section.

SECTION 9. In exercising authority delegated to it by the school committee, the university shall provide parents and students with all rights provided to them under law, except that if the school committee delegates to the university any of its powers relating to parents or students, (i) the contract may provide that no votes of the school committee shall be required in connection with any such powers and (ii) the contract shall subject the university to the procedural requirements associated with their rights as aforesaid otherwise applicable to the school committee including, without limitation, notice and hearing requirements.

SECTION 10. Subject to the provisions of section seven, nothing in this act or in any delegation by the school committee shall impair the rights of employees of the school committee or their public employee organization, including, without limitation, rights of tenure, seniority and collective bargaining provided by chapters thirty-one, seventy-one and one hundred and fifty E of the General Laws, or rights provided under any applicable collective bargaining agreement; provided, however, that (i) the contract may provide that no votes of the school committee shall be required in connection with any such powers and (ii) the contract shall subject the university to the procedural requirements associated with employee rights as aforesaid otherwise applicable to the school committee including, without limitation, notice and hearing requirements.

SECTION 11. This act shall not be construed or interpreted to authorize the university to assume any powers, functions or duties relating to the city other than those delegated to the university by the school committee in accordance with the provisions of section three. Without limiting the generality of the foregoing, none of the powers, functions or duties of the mayor or the board of aldermen of the city, including without limitation powers, functions or duties relating to the finances of the city, shall be delegated to or assumed by the university pursuant to this act; provided, however, that the agreement described in section three may provide for termination of such agreement by the university upon failure by the city to appropriate funds for the school system in the amounts contemplated by such agreement. In accordance with the provisions of section three and without limiting the generality of such provisions, any powers, functions or duties of the school committee relating to city finances, including, without limitation, the authority of the school committee to determine expenditures within the total appropriation for educational costs pursuant to section thirty-four of chapter seventy-one of the General Laws, the authority of the school committee to approve the acceptance and expenditure of grants and gifts of funds pursuant to section fifty-three A of chapter forty-four of the General Laws and the authority of the school committee generally to prepare budgets, incur liabilities and make expenditures for the school system pursuant to said chapters forty-four and seventy-one and the city's charter, may be delegated in whole or in part to the university. Nothing in this act shall be construed or interpreted to limit the authority of the university to accept and expend grants and gifts of funds on its own behalf and in its own name and stead in furtherance of its efforts and undertakings pursuant to the provisions of this act, nor shall the provisions of section thirty-one of chapter forty-four of the General Laws or the provisions of the city's charter apply to the expenditure of any such funds.

SECTION 12. This act, being necessary for the welfare of the city and its inhabitants, shall be liberally construed to effect the purposes thereof.

SECTION 13. The university shall report its progress, or lack of it, in implementing any agreement between the university and the city authorized by this act, to the General Court by filing an annual report with the house clerk and senate clerk on September first, nineteen hundred and ninety-two, and on September the first for each year thereafter that any such agreement between the university and the city is in force and effect. Said report shall include, but not be limited to, a detailed statement, including all quantitative and qualitative evidence gathered by the university with a detailed analysis of the methodology used by the university to obtain such evidence, setting forth an analysis of the university's progress in (1) revitalizing the curriculum of the city's school system; (2) establishing programs for the professional development of school personnel and for the expansion of learning opportunities for parents; (3) improving test scores of students in the school system; (4) decreasing the dropout rate for students in the school system; (5) increasing the average daily student attendance rate for the school system; (6) increasing the number of high school graduates from the school system; (7) increasing the number of high school graduates from the school system that go on to attend four-year colleges; (8) increasing the number of job placements for graduates of the school system; (9) developing a community school program through which before-school, after-school and summer programs are offered to students in the school system and through which adult education classes for inhabitants of the city are offered; (10) identifying and encouraging the utilization of community resources; (11) establishing programs which link the home to the school system; (12) decreasing teacher absenteeism in the school system; (13) improving the financial management of the school system and expanding the range of operating funds available to the school system including a detailed accounting of all funds raised by the university on behalf of the school system, how such funds have been expended or will be expended by the university, what expenses the university has incurred or reasonably expects to incur in carrying out its duties under its agreement with the city, and whether, and in what amount, any such funds raised by the university on behalf of Chelsea have been retained by the university and for what purpose; (14) increasing salaries and benefits for all staff, including raising the teacher salary average to make it competitive with the statewide average; (15) constructing effective recruiting, hiring, and retention procedures for staff members; (16) establishing student assessment designs and procedures which are of assistance in monitoring programs and which act as incentives for staff members in each school; and (17) seeking to expand and modernize physical facilities in the school system. A copy of said report also shall be filed simultaneously with the state board of education and with the school committee.

SECTION 14. This act shall take effect upon its passage.