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Budget Summary FY2011

Outside Section 174
Data Current as of:  8/6/2010




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Bureau of Sped Appeals Transfer

SECTION 174.   (a) Notwithstanding any general or special law to the contrary, the dispute resolution functions of the bureau of special education appeals, which was established as an independent entity by the department of elementary and secondary education within the executive office of education, its employees, proceedings, rules and regulations, and legal obligations are hereby transferred to the division of administrative law appeals, established in section 4H of chapter 7 of the General Laws.

(b) Those employees of the department of elementary and secondary education covered by a collective bargaining agreement who, before the effective date of this act, were assigned to the bureau of special education appeals, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or who have tenure in their positions as provided by section 9A of chapter 30 of the General Laws, are hereby transferred to the division of administrative law appeals without interruption of service within the meaning of said section 9A of said chapter 30, without impairment of seniority, retirement or other rights of the employees and without reduction in compensation or salary grade and without loss of accrued rights to holidays, sick leave, vacation and other benefits and without change in union representation, if any, or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under said chapter 31 or has tenure in a position by reason of said section 9A of said chapter 30. Notwithstanding any general or special law to the contrary, all employees assigned to the bureau of special education appeals covered by collective bargaining agreements shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E. Nothing in this section shall confer upon an employee any right not held immediately before the date of this transfer or prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before the transfer date.

(c) The assistant director of special education appeals is hereby transferred to the division of administrative law appeals as the initial director of the bureau of special education appeals without interruption of service within the meaning of section 9A of chapter 30 of the General Laws, without impairment of seniority, retirement or other rights of the employee and without reduction in compensation or salary grade and without loss of accrued rights to holidays, sick leave, vacation and other benefits. The reorganization shall not impair any civil service status of such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of said section 9A of said chapter 30.

(d) All petitions, requests, hearings and other proceedings appropriately and duly brought before the bureau of special education appeals and pending before it before the effective date of this act shall continue unabated and remain in force, but shall be assumed and completed by the bureau of special education appeals as part of the division of administrative law appeals.

(e) All orders issued by the bureau of special education appeals that are in force immediately before the effective date of this act shall continue in full force and effect in accordance with the terms of such orders.

(f) All rules and regulations governing the bureau of special education appeals which are in force immediately before the effective date of this act shall continue in full force and effect until superseded, revised, rescinded or canceled by the board of elementary and secondary education, in consultation with the director of special education appeals and the chief administrative magistrate of the division of administrative law appeals.