The Massachusetts Board of Elementary and Secondary Education
Charter Schools - Report on Conditions and Major Amendment Request for Mystic Valley Regional Charter School
This memorandum provides a report on conditions for Mystic Valley Regional Charter School (MVRCS). Based upon the evidence presented below, the school has not met a majority of the conditions. I recommend that the Board of Elementary and Secondary Education (Board) extend the existing conditions and impose two additional conditions. Further, in light of the fact that the school has not addressed the governance issues at the heart of these conditions, I am not considering the school's resubmitted major charter amendment request to add 400 seats to their existing K-12 school. As I have noted in the past, any requests for expansion by the school should be deferred until after the school has complied substantially with the conditions imposed on its charter.
Background
At its meeting in October 2011, the Board voted to authorize the Commissioner of Elementary and Secondary Education (Commissioner) to act on its behalf in "(a) granting charter renewals that do not involve probation; and (b) approving charter amendments that do not involve changes in grade span, maximum enrollment, or districts served; provided that the Commissioner shall report to the Board on all charter renewals and charter amendments that have been so approved; and provided further, that the Commissioner shall notify the Board in advance of all such intended actions, and a Board member may request that the Commissioner place the charter matter(s) on the agenda of the Board for discussion and action."
On February 8, 2013, I notified the Board that I intended to renew the charter of MVRCS and impose conditions on its charter. At that time, I gave the Board the opportunity to request that the renewal be brought to the full Board for review and vote at its meeting scheduled for February 26, 2013. Because no Board member requested that the matter be brought to the full Board for review, on February 15, 2013, I notified the Board that I renewed the charter of MVRCS with five conditions pertaining to governance practices. Additionally, on February 15, 2013, I notified the school that, due to governance concerns, I was not recommending the approval of MVRCS's amendment request to add 400 seats.
On March 12, 2013, I notified the school that I had denied their request. On March 29, 2013, the school requested a review of my decision by the Board. At the Board's May 21, 2013 meeting, the Board discussed my decision regarding the school's expansion request and to school's request to overturn the renewal conditions. The Board declined to act on the school's requests.
| Type of Charter | Commonwealth | Location | Malden |
| Regional/Non-Regional | Regional | Districts in Region | Everett, Malden, Medford, Melrose, Stoneham, Wakefield |
| Year Opened | 1998 | Year(s) Renewed | 2003, 2008, 2013 |
| Maximum Enrollment | 1,500 | Current Enrollment | 1,500 |
| Students on Waitlist | 2,760 (as of 5/2013) | Grade Span in Charter | K-12 |
| Mission statement "The mission of the Mystic Valley Regional Charter School is to provide the opportunity of a world class education characterized by a well mannered, disciplined and structured academic climate. Central to Mystic Valley's academic environment is the incorporation of selected core virtues and the fundamental ideals of our American Culture, which are embodied in the Declaration of Independence and the United States Constitution." | |||
Report on Conditions
Condition 1: Beginning in March 2013 and until further notice, the Mystic Valley Regional Charter School (MVRCS) will submit to the Department of Elementary and Secondary Education (Department), at charterschools@doe.mass.edu or 75 Pleasant St., Malden, MA, 02148, board meeting agendas, materials, and minutes prior to each board meeting at the same time these items are sent to MVRCS board members. The Department reserves the right to request additional information, such as quarterly or monthly financial statements, if board materials do not already include this information, and MVRCS must provide such additional information within two business days.
Status: Ongoing
On March 25, May 9, and September 9, 2013, the Department received information that had been sent to board members of MVRCS for meetings of the charter board. For the meeting it held on October 25, 2013, MVRCS only provided the Department with an agenda and did not provide the Department a full board package.
Condition 2: By May 31, 2013, the Board of Trustees of MVRCS shall amend its bylaws to set specific, reasonable limits on successive or total terms that a member may serve on the board of trustees. These limits must apply to all current board members.
Status: Not met
The Department received draft bylaws from MVRCS on August 30, 2013. After a review, the Department determined the draft bylaws did not comply with the above condition or with Department guidance regarding bylaws. The Department sent feedback regarding the bylaws on September 27, 2013. On October 21, 2013, MVRCS provided the Department with further revisions to the bylaws. After review, the Department determined that the second draft of bylaws did not comply with the above condition. The Department sent feedback regarding the second draft of bylaws on October 28, 2013. On December 3, 2013, the Department received a third draft of the bylaws. After a review, the Department determined that the third draft of bylaws still did not comply with the condition. The Department provided the school with feedback on December 5, 2013.
Condition 3: By May 31, 2013, the Board of Trustees of MVRCS will engage in a comprehensive self-evaluation of its own capacity and recruit additional members who have the needed expertise.
Status: Partially Met
MVRCS submitted a board self-evaluation on May 31, 2013. The self-evaluation was conducted internally and concluded that the board is fully accessible and has a diversity of experience, skills, and personalities. MVRCS has not submitted any materials illustrating efforts to recruit additional members with needed expertise.
Condition 4: By July 31, 2013, the Board of Trustees of MVRCS will expand the board membership to at least seven members.
Status: Not Met
As of November 2013, MVRCS board membership remains at five members. Three members have served since the school's founding in 1998, one member has served since 2000, and one member has served since 2002.
Condition 5: By September 30, 2013, the Board of Trustees of MVRCS will engage in training, conducted by an external consultant, accepted and approved in advance by the Department, on the roles and responsibilities of a public charter school board of trustees.
Status: Not Met
MVRCS has not submitted any documentation to the Department pertaining to board training.
Additional Information
MVRCS opened in September 1998 as a K-12 school with an original maximum enrollment of 1,176 students. MVRCS has previously received approval from the Board to increase its maximum enrollment to 1,400 students in 2005 and then to 1,500 students in 2009. A request in 2011 for 400 additional seats was not approved due to the limited information contained in the request about the scale and the challenges of implementing a 30 percent increase in maximum enrollment. On July 30, 2012, MVRCS resubmitted its request for an additional 400 seats. Because the school's current charter ran through June 30, 2013, I deferred action on the expansion request until after the renewal process was complete. As noted above, in February 2013, the expansion request was deferred until the board of trustees addressed governance concerns.
The maximum enrollment expansion to 1,500 students awarded in 2009 indicated a growth plan that included enrollment of 120 kindergarten students annually. At the time of the 2011 request to expand to 1,900 students, MVRCS enrolled 150 kindergarten students and continues to do so despite no approval from the Board of its request to increase the school's maximum enrollment. As a result of the school's increase in kindergarten enrollment from 120 to 150 students annually and an increasing number of students remaining through high school, the school may end up exceeding its maximum enrollment, unless it changes its enrollment practices.
The Department has also received a number of letters from MVRCS parents in support of the current expansion request that erroneously state the Department has placed a cap on the number of siblings that can enroll in the school. In fact, the Department has imposed no such cap on sibling enrollment. MVRCS has chosen to enroll more kindergartners rather than upper-grade siblings of current students, but it is unclear how the school has made these enrollment decisions.
Recommendation
The conditions placed on the charter of MVRCS in February 2013 require the school to address concerns related to governance practices. As noted above, the school has failed to address the requirement to revise its bylaws to set specific term limits for board members. This condition outlines reasonable standards that the Department requires for all boards of trustees of charter schools, and this requirement is codified in the proposed changes to the charter school regulations being brought forward for your initial consideration this month.
As outlined below, I recommend that the Board extend the five prior conditions on MVRCS's charter (conditions 1, 4, 5, 6, and 7) and add two additional conditions (conditions 2 and 3) pertaining to enrollment given the concerns noted above.
- Beginning in March 2013 and until further notice, the Mystic Valley Regional Charter School (MVRCS) will submit to the Department of Elementary and Secondary Education (Department), at charterschools@doe.mass.edu or 75 Pleasant St., Malden, MA, 02148, board meeting agendas, materials, and minutes prior to each board meeting at the same time these items are sent to MVRCS board members. The Department reserves the right to request additional information, such as quarterly or monthly financial statements, if board materials do not already include this information, and MVRCS must provide such additional information within two business days.
- By February 28, 2014, MVRCS will submit for Department approval an enrollment growth plan that maintains class sizes consistent with the school's current approved maximum enrollment of 1,500 students.
- By February 28, 2014, MVRCS will submit for Department approval a revised enrollment policy that clearly articulates the school's process for accepting students in each grade and conforms to Department criteria at Charter Schools' Enrollment Policy Amendments webpage.
- By April 30, 2014, the Board of Trustees of MVRCS will submit for Department approval amended bylaws that set specific, reasonable limits on successive or total terms that a member may serve on the board of trustees. These limits must apply to all current board members.
- By May 31, 2014, the Board of Trustees of MVRCS will recruit additional members who have needed expertise and provide documentary evidence of recruitment efforts to the Department.
- By June 30, 2014, the Board of Trustees of MVRCS will expand the board membership to at least seven members.
- By July 31, 2014, the Board of Trustees of MVRCS will engage in training, conducted by an external consultant, accepted and approved in advance by the Department, on the roles and responsibilities of a public charter school board of trustees.
As I have indicated to the school's leadership in both correspondence and in meetings with representatives of the board of trustees, I am prepared to give full consideration to an expansion request as soon as we have evidence that the school is responding to our concerns and has complied substantially with the conditions imposed on its charter.
Finally, I have attached a response from MVRCS for your review and consideration.
If you have any questions regarding this recommendation or require additional information, please contact Cliff Chuang, Associate Commissioner (781-338-3222); Jeff Wulfson, Deputy Commissioner (781-338-6500); or me.
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