Code of Massachusetts Regulations 963 CMR - MASS. SCHOOL BUILDING AUTHORITY
Here’s an overview of 963 CMR 2.00, the Massachusetts School Building Authority (MSBA) regulations governing school facilities projects:
1. Authority, Scope & Purpose (§ 2.01)
Established under M.G.L. Chapter 70B and St. 2004, c. 208.
Applies to all cities, towns, regional districts, and independent ag/tech schools seeking MSBA grants.
Governs planning, management, and financial sustainability of school construction, renovation, or repair grants (mass.gov, mass.gov).
2. Definitions (§ 2.02)
Defines key terms like Application, Approved Project, Total Facilities Grant, Accelerated Repair Program, Owner’s Project Manager, etc. (mass.gov).
3. General Requirements (§ 2.03)
Projects must meet statutory priorities (M.G.L. 70B §§ 6, 8, 9).
Must have at least a 50-year useful life, demonstrate cost-efficiency, and comply with audits and initial compliance certifications (massschoolbuildings.org).
4. Application & Approval Process (§ 2.04–2.05)
Submission timeline includes:
Statement of Interest (SOI) by July 31 each year (emergency SOIs possible) (massschoolbuildings.org).
Followed by detailed Modules (Site Standards, Feasibility, Schematic Design, Funding, etc.) (law.cornell.edu).
5. Project Modules (§ 2.06–2.14)
2.06: Educational program space standards
2.07: Designer selection
2.08: Cost standards
2.09: SOI process
2.10: Funding and board approvals
2.11: Owner’s Project Manager requirement (for projects > $1.5M) (massschoolbuildings.org)
2.12 – 2.14: Detailed design, construction, close-out, including post-occupancy evaluation (law.cornell.edu).
6. Accelerated Repair Program (§ 2.15)
Funds repairs or replacements of key building systems for eligible pipeline districts, subject to available capacity (mass.gov).
7. Grants, Payments & Audits (§ 2.16–2.17)
MSBA disburses funds as costs are incurred.
Audit procedures enforce compliance; non-cooperation may reduce funding (en.wikipedia.org, massschoolbuildings.org).
8. Grant Formula & Integrity (§ 2.18–2.19)
Grant percentages are determined by district need and wealth indicators; funding ranges from roughly 31% to 80% (en.wikipedia.org).
Includes provisions to ensure integrity and prevent fraud.
9. Waivers & School Closures (§ 2.20–2.21)
MSBA may grant waivers for specific regulations under Board-approved circumstances.
If closing a school built with MSBA funds, proceeds must be divided per regulations or with Board approval (mass.gov).
📌 Updates & Publication
The latest regulatory version was effective May 10, 2024 (Mass Register #1521) (mass.gov).
Major updates occurred previously in 2008, 2009, and 2010 (massschoolbuildings.org).
🔎 For More Details
The official PDF of 963 CMR 2.00 is available on Mass.gov.
Cornell Law and vLex offer breakdowns by section—for instance, § 2.12 (Construction) or § 2.04 (Approval Process) (casetext.com).
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