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Ex. AGY-ST-EDUCATION-HIGHER-ED-007 Order Primary source read

603 CMR 27.00, Student Learning Time, including 27.08 (Health and Safety Standards during a State of Emergency or Other Exigent Circumstances), as amended through February 23, 2021 (Wayback capture of February 26, 2021)

603 CMR 27.08: Commissioner to issue health and safety requirements; every district to submit a plan prioritizing in-person instruction with hybrid and remote models meeting minimum live-instruction hours

Massachusetts Board of Elementary and Secondary Education (regulation); Commissioner Jeffrey C. Riley (requirements issued under 27.08) · Massachusetts Board of Elementary and Secondary Education and Commissioner of Elementary and Secondary Education; State level (State)

The COVID Project

The record

Jurisdiction
Massachusetts Board of Elementary and Secondary Education and Commissioner of Elementary and Secondary Education; State level · Massachusetts
Level
State
Authority
M.G.L. c. 69, ss. 1B, 1G; 603 CMR 27.08
Issued
2021-02-23 Feb. 23, 2021
Effective
27.08 adopted on an emergency basis in 2020 (amendments of September 29, 2020 and February 23, 2021 recited on the page); hybrid and remote hours effective January 19, 2021 (read as 2020-09-29)
End
Remained in force through 2021 Q3 (as amended May 25, 2021, Ex. 068); the Commissioner's mask requirement under 27.08 ran from August 25, 2021 (Ex. MA-071) (read as 2021-05-25)
In force
Sept. 29, 2020 to May 25, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Face-covering requirementSchools and child careWorkplace rulesOther
Addressees
  • every school district, charter school, regional and county agricultural school
  • the Commissioner
  • students and staff
Functions reached
  • IN in-person instruction (plans, modified environments)
  • RL remote and hybrid learning (minimum synchronous hours)
  • EMP health and safety requirements issued by the Commissioner
  • HR staffing under the models
  • WF parents' workforce (hybrid schedules)
  • CB families
Collection
State education and higher-education authorities AGY-ST-EDUCATION-HIGHER-ED

Operative words

(1) Upon a declaration by the Governor that an emergency exists which is detrimental to the public health, or upon a determination by the Board that exigent circumstances exist that adversely affect the ability of students to attend classes in a safe environment unless additional health and safety measures are put in place, the Commissioner, in consultation with medical experts and state health officials, shall issue health and safety requirements and related guidance for districts. (2) Upon such a declaration by the Governor or determination by the Board, the Commissioner shall require each district to develop and submit a plan that prioritizes providing in-person instruction to all students in a safe environment.... (3) Alternative education models shall include the following: (a) Hybrid learning model... Effective January 19, 2021, districts and schools operating a hybrid learning model shall provide at least 35 hours of live instruction over a 10-school day period... (b) Remote learning model... procedures for all students to participate in remote learning, including a system for tracking attendance and participation

Enforcement

M.G.L. c. 69, ss. 1B, 1G (Board's regulatory power over school year and safety standards); 603 CMR 27.06-27.07 (waivers, implementation); district compliance is a condition of structured learning time credit and Chapter 70 aid

Notes

The regulation is the platform for the Commissioner's binding 2020-21 reopening requirements, the January 19, 2021 live-instruction minimums, the spring 2021 phased return to full in-person instruction and the August 2021 mask requirement (Ex. MA-071; record 048)

Retrieval note

Full regulation text read (DESE's official web publication, capture of Feb. 26, 2021, 'Most Recently Amended... February 23, 2021'). Ex. 068 is the later text (May 25, 2021).