Net School Spending 1
SECTION 260.
(a) Notwithstanding any general or special law to the contrary, the commissioner of elementary and secondary education shall begin a 4-year phase-in of equal increments to include health care costs for retired teachers as part of net school spending for any district which accepts this section by a vote taken pursuant to section 4 and in which such costs were not considered part of net school spending in fiscal year 1994. For fiscal year 2016, 1/4 of the cost shall be included in calculating fulfillment of net school spending requirements; provided, however, that in districts currently in level IV or level V status under the commonwealth's accountability and assistance system, the commissioner may delay or limit the inclusion of the costs in calculating net school spending until their such district's status is lowered to level III or below, at which time the commissioner shall begin or resume a 4-year phase in of the remaining costs; provided further, that during the 4-year phase in period authorized under this section, the commissioner may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to noninclusion of health care costs for retired teachers if the commissioner approves a schedule submitted by the district to meet the requirements not later than at the end of the 4-year phase in period; and provided further, that the commissioner shall consider deficiencies in net school spending requirements in fiscal year 2015, if any, when approving such schedule.
(b) The commissioner of elementary and secondary education may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers in fiscal years 2013 and 2014.
(c) The commissioner of elementary and secondary education may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers in fiscal year 2015 if the district submits a schedule under this section and the commissioner approves the schedule.
(d) Notwithstanding any general or special law to the contrary, for the period beginning July 1, 2014 and ending June 1, 2015, this section may be accepted in a city having a Plan D or Plan E charter by majority vote of its city council and approval by the manager; in any other city, by a vote of its city council and approval by the mayor; in a town having a town council form of government, by vote of the town council, subject to charter of such town; in a town, by a vote of the board of selectmen; and in a regional school district, by a vote of the regional district school committee. The vote shall be by approval of all members of the district. Approval of each member shall be given in a city having a Plan D or Plan E charter by majority vote of its city council and approval by the manager; in any other city, by a vote of its city council and approval by the mayor; in a town having a town council form of government, by vote of the town council, subject to the charter of such town; in a town, by a vote of the board of selectmen.
(e) Any school district which accepts this section shall annually certify to the commissioner the treatment of retired teacher health insurance costs to ensure accurate counting of such costs toward required net school spending.