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The Massachusetts Board of Elementary and Secondary Education

Charter Schools-Waiver of 603 CMR 1.04(3)(b)

To:Members of the Board of Elementary and Secondary Education
From:Mitchell D. Chester, Ed.D., Commissioner
Date:January 16, 2009

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Under the charter school regulations as adopted by the Board of Elementary and Secondary Education (Board), one member of the Board is required to attend public hearings soliciting comments on the merits of pending applications. The regulation, 603 CMR 1.04(3)(b), states, in relevant part:

The Board and the Department of Elementary and Secondary Education shall hold a public hearing on final applications and solicit and review comments on the application from the school committees of the school districts from which the applicant intends to draw students. At least one member of the Board of Elementary and Secondary Education shall attend public hearings soliciting comment on the merits of pending applications.

This year, the hearings on the three applications occurred on December 4th, 9th, and 11th. A Board member was present at the hearings on December 4th and 9th but despite best efforts, no Board member was able to attend the hearing on December 11th. The Board will receive a report on the testimony that was presented at each hearing and audiotapes of the hearings are available upon request. To eliminate any question about the process, however, I recommend that the Board vote to waive its regulatory requirement with respect to the public hearing on December 11th. Attached is a motion to this effect.

Enclosure:



last updated: January 22, 2009
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