Enrollment Policy and Practice Frequently Asked Questions

What are the backfilling requirements for charter schools?

In conformance with G.L. c. 71, § 89(n), charter schools shall, when a student stops attending the school for any reason, fill vacant seats up to February 15^th, excluding seats in the last half of the grades offered and grades 10, 11, and 12 . If a school has an odd number of grades, the school must backfill more than half of the grades offered. 603 CMR 1.05(10)(c). A vacancy not filled after February 15^th moves into the subsequent grade, and the school must fill the seat by the following September, provided such grade is not in the last half of the grades offered and is not in grades 10, 11, or 12. Seats for students who have accepted an offer of admission to the charter school but have never attended are exempt from this provision. If the school fills vacancies beyond the statutory requirements, the school must clearly articulate its practice in its enrollment policy. In order to increase access to charter schools at as many entry points as possible, the Department strongly encourages schools to consider enrollment policies that include backfilling grades beyond those required by law, with which a school must comply. Additionally, this may be required as a condition when granting requests for charter amendments, especially expansion requests.

During the same school year, may a school backfill a vacancy in one grade by admitting a student into a different grade?

No. If there is a vacancy in a grade where there is a backfilling requirement, the statute, G.L. c. 71, § 89(n), states that the vacancy must be filled in the grade level in which it occurs. If the vacancy occurs after February 15^th, the statute requires the vacancy to "remain with the grade cohort and . . . be filled in the following September if it has not previously been filled." If a vacancy occurs in a grade for which the charter school statute does not require backfilling, the school fills the vacancy in accordance with its enrollment policy and applicable laws and regulations regarding charter school enrollment.

May a charter school count a student who repeats a grade toward backfilling a seat? Is a charter school required to backfill the seat of a student who repeats a grade?

No. A charter school may not count students who repeat a grade toward meeting backfill requirements. Students who repeat a grade also do not create a vacancy that needs to be filled because they have not stopped attending the charter school.

What are the backfilling requirements from February 15^th until the last day of school?

From February 15^th through the end of the school year, charter schools are not required to fill vacancies. The school, however, must keep the vacancy with the grade cohort and fill it the following September. Alternatively, the school may choose to backfill the seat during the current school year. For example, if a vacancy occurs in a kindergarten class after February 15^th and is not filled during the remaining school year, the school must fill the vacancy the following September by adding a student to the first grade class.

What are the consequences for failing to backfill a vacant seat?

Charter schools must comply with the statute, which is part of the material terms of all charters. If the school fails to comply, conditions could be imposed on the school's charter and it will be considered in the school's record of performance at renewal. The Department and Board also consider failures to comply with the terms of a charter when determining whether to grant future expansion or replication requests by a school.