Code of Massachusetts Regulations 963 CMR - MASS. SCHOOL BUILDING AUTHORITY
963 CMR – Massachusetts School Building Authority (MSBA)
The Massachusetts School Building Authority (MSBA) is a state agency that provides partial funding for public school construction, renovation, and repair. The regulations governing it are codified in 963 CMR, which establishes rules, procedures, and standards for eligible projects.
MSBA’s goal is to ensure safe, sustainable, and educationally appropriate school facilities while protecting public funds. Only certain entities — cities, towns, regional school districts, or eligible independent schools — can apply for MSBA funding.
Key Types of Projects / “Cases” Under 963 CMR
Here are more than five detailed cases showing how MSBA rules apply in different scenarios.
Case 1: New Construction of a School Facility
Scenario: A town wants to build a completely new school because student enrollment is increasing or the current facilities are outdated.
Requirements:
Submit a Statement of Interest outlining need, student numbers, and space requirements.
Develop a Design and Educational Program describing classrooms, special programs, common areas, and administrative space.
Meet space standards, including square footage per student and maximum “grossing factor” (extra non-classroom space).
Follow all local/state building codes, zoning, and environmental laws.
After approval, receive partial funding via a Total Facilities Grant, contingent on following the approved design and budget.
Impact: New construction requires full planning and strict compliance with MSBA standards. Funding can be substantial but conditional.
Case 2: Renovation or Reconstruction of an Existing School
Scenario: An old school needs major repairs, upgrades, or reconfiguration.
Requirements:
Submit an application for review, including a feasibility study.
Design must meet building codes, safety, accessibility, and environmental standards.
Space standards may be flexible since the building already exists.
Projects due to poor maintenance may not be funded.
Impact: Renovations are evaluated individually; funding is flexible but contingent on demonstrating genuine need.
Case 3: Small Projects or Minor Repairs
Scenario: A school needs to fix a roof, repaint classrooms, or repair plumbing, with costs under $250,000.
Requirement: Projects below the minimum threshold are ineligible for MSBA funding.
Impact: Minor repairs must be funded locally, as MSBA prioritizes larger capital needs.
Case 4: Closing, Selling, or Leasing a Previously Funded School
Scenario: A school that received MSBA funding is being closed, sold, or leased.
Requirements:
Provide six months’ notice to MSBA.
Show how displaced students will be accommodated.
If the school hasn’t reached its service-life requirement, MSBA may recapture part of the funding.
Proceeds from sale/lease must be shared proportionally between MSBA and the district.
Impact: MSBA ensures public investment is protected and discourages short-term closures or sales.
Case 5: Compliance and Misrepresentation
Scenario: A district submits false data, misrepresents costs, or fails to follow rules.
Requirements:
Projects must follow all procurement, ethics, accessibility, and environmental laws.
Districts must certify that maintenance and prior upkeep were properly performed.
Consequences:
MSBA can revoke funding, demand repayment, and bar future grants.
Impact: Strong accountability protects public funds from misuse or fraud.
Case 6: Emergency Repairs
Scenario: A school suffers sudden damage (e.g., storm, fire, flood) requiring urgent repairs.
Requirements:
Must demonstrate emergency need and inability to delay repairs.
MSBA may provide funding but may require post-repair documentation to confirm costs.
Impact: MSBA can assist in unforeseen events, but procedures ensure accountability and cost verification.
Case 7: Expanding Existing Facilities
Scenario: A school wants to add classrooms or labs to accommodate increasing enrollment.
Requirements:
Submit a plan showing current utilization and projected growth.
Follow educational space standards for new additions.
Must remain compliant with all codes and budget limits.
Impact: Expansion projects are treated like a hybrid of renovation and new construction, with careful review of eligibility and costs.
✅ Summary of Important Principles Across Cases
Eligibility: Only public or eligible independent schools can apply.
Funding is partial: MSBA covers a percentage of costs, based on project type and compliance.
Application process: Includes Statement of Interest, feasibility/design studies, and funding agreement.
Space and design standards: Especially strict for new construction; flexible for renovation.
Accountability: Misrepresentation or failure to comply leads to recapture and potential future ineligibility.
Minimum thresholds: Projects under $250,000 are ineligible.
Service-life protection: Funded schools must generally remain in service for a minimum period.
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