Budget Amendment ID: FY2016-S3-539

EDU 539

Unfunded Education Mandates

Messrs. Tarr, Ross, deMacedo, Fattman and Humason moved that the proposed new text be amended by inserting, after section ___, the following new section:-

SECTION X.  Chapter 15 of the general laws is hereby amended by inserting at the end thereof the following section:-

SECTION XX.  Unfunded Education Mandates

If the division of local mandates, established under section 6 of chapter 11, determines that a law, rule or regulation related to education has not been paid in full by the commonwealth using the procedures established by section 27C(d) of chapter 29, then a city, town, or school district may petition the department of elementary and secondary education for a waiver from said law, rule or regulation, or any part thereof.  The department shall grant the waiver unless it determines that the absence of the mandate will lower the quality of education provided; provided, however, that the petition shall be deemed granted if the department fails to respond within 90 days of the submission of the petition request.