Family & Community Alternative Learning
Massachusetts Charter Schools

Charter School Technical Advisory 06-1
Charter Amendments

When a school receives its original charter and any subsequent renewals of that charter from the Board of Education, the state approves the charter school's broad academic and organizational plans for the next five years. Any substantive changes to those plans require the approval of the Commissioner and/or Board of Education for an amendment to the school's charter before the changes are effective. Unless stated otherwise, the use of "charter school" in this document refers to both Horace Mann charter schools and Commonwealth charter schools.

This Technical Advisory replaces Technical Advisory 05-2 and a Memorandum dated May 26, 2005 entitled New Deadline and Process for Charter Amendments. This revised Technical Advisory has three purposes:

• It provides guidance to charter schools on the changes to their operations, as defined in 603 CMR 1.11, that require approval from the Commissioner or the Board of Education for an amendment to the school's charter before the school can implement the changes.
• It outlines the process that a charter school must follow in making an amendment request.
• It informs charter schools of changes at the school level and the Board of Trustees level about which they must notify the Charter School Office in a timely fashion.

An amendment request from a Horace Mann charter school for a major or minor change in its operations requires the approval of the local teachers' union and school committee. In the event that a Memorandum of Understanding between a Horace Mann charter school and the local school district is modified due to these changes in a school's operations, the school must submit the modified Memorandum of Understanding to the Commissioner of Education at the time of the amendment request.

I. Major Changes in a Charter School's Operations that Require Approval from the Board of Education for an Amendment

Under section 1.11 of the charter school regulations, "if a charter school wishes to make a major change in its operations, the school's Board of Trustees shall submit in writing to the Board of Education a request to amend its charter." 603 CMR 1.11(1). Major changes in a charter school's operations are defined as those that "fundamentally affect a school's mission, organizational structure, or educational program." Such changes include, but are not limited to, major changes in a school's

• educational philosophy or mission;
• governance or leadership structure;
• contractual relationship with an education management organization that is providing or planning to provide substantially all the school's educational services;
• curriculum models or whole-school change designs that are inconsistent with those specified in the school's charter;
• location of facilities, if such change involves relocating or expanding to another municipality (whether or not a school is regional);
• district(s) specified in a regional school's charter;
• maximum enrollment; or
• grades served.

II. Minor Changes in a Charter School's Operations that Require Approval from the Commissioner of Education for an Amendment

Under section 1.11 of the Charter School Regulations (603 CMR 1.00), "if a charter school wishes to make a minor change in its operations, the school's Board of Trustees shall submit in writing to the Commissioner of Education a request to amend its charter." Minor changes in a charter school's operations are defined as those that change the school's design and operations but that "do not fundamentally alter its mission, organizational structure or educational program." Such changes include, but are not limited to, changes to a school's

• bylaws;
• schedule (e.g. length of school year, school week, or school day);
• enrollment process;
• code of conduct;
• corrections and clarifications involving the mission statement or other sections of the charter that do not fundamentally affect the school's mission, organizational structure, or educational program;
• school name; or
• membership of the Board of Trustees, to be approved before they become voting members (as specified under 603 CMR 1.05(2)(a)).

Charter schools receiving approval for minor amendments that will require transportation scheduling changes for districts are strongly encouraged to communicate these changes to districts as early as possible to allow districts to plan both budgets and transportation schedules. Failure to do so may delay approval of the amendment request.

III. Process for Review of Amendment Requests

1. Amendment Request Deadlines

   Charter amendment requests may be submitted at any time, with the following exception:

   • August 1 of each year is the deadline for major amendment requests regarding maximum enrollment increases or changes to grades served or districts specified in a school's charter as the charter school's "region." Requests regarding changes in the location of facilities, if such changes involve relocating or expanding to another municipality, also should be submitted at this time.

   The Commissioner and the Board of Education will endeavor to approve or deny amendment requests within 60 days after they are complete. If the Commissioner denies a charter school's amendment request, the school's Board of Trustees may seek review of that decision with the Board of Education.

   Please note that suggested timelines are subject to the complexity of the issues involved and the schedules of the Commissioner and the Board of Education. Charter schools are strongly encouraged to plan ahead regarding amendment requests, particularly those that are major in nature, and to consult with the Charter School Office when an amendment request is anticipated.

2. Contents of an Amendment Request

   The chairperson of a charter school's board of trustees, or an individual authorized by the board of trustees, must submit amendment requests to the Commissioner of Education with a copy to the Director of Charter Schools. The request can take the form of a letter and may include supporting documents. The letter requesting an amendment is submitted under the penalties of perjury and should provide complete information regarding the request, as described below.

   Maximum enrollment increase requests must provide answers to the questions in the criteria found at the end of this document. The Charter School Office uses these criteria to evaluate the merits of the request.

   All requests must include the following:

   • Contact person
   • Position of contact person
   • Contact telephone
   • Contact email
   • School name and location
   • Is the school regional, and if so, what areas does it serve?
   • Year chartered
   • Year(s) charter renewal was granted (if applicable)
   • Current maximum enrollment
   • Current grade span
   • Current students per grade
   • Number of students requested (if applicable)
   • Distribution of new students in school (if applicable - no grade span change)
   • Proposed new grade span (if applicable)
   • Distribution of students in school (if proposing new grade span)

   All requests other than those for increased maximum enrollment and/or changes in grade span must also:

   • describe what is being requested, including the type of request as defined in 603 CMR 1.11 and stating what currently exists in the charter and what change(s) are proposed;
   • explain the reasons for the requested changes;
   • include a statement that the charter school's "Board of Trustees voted to request this amendment to its charter on [DATE] at a meeting held in compliance with the Massachusetts Open Meeting Law";
   • include a statement that the Board of Trustees authorized the individual sending the letter to make the request on their behalf if the Board Chairperson is not the author; and
   • in the case of Horace Mann charter schools, include certification that the local school committee and local teachers' union have approved the request.
   
   

3. Review of Amendment Requests

   The Charter School Office oversees the process of review for the Commissioner of Education and the Board of Education. In submitting an amendment request, accurately presenting the requested changes in a letter with the above elements enhances a school's credibility and the efficiency with which the request can be processed. The Charter School Office will work with the school regarding any necessary revisions or additional information. All amendment requests from Commonwealth charter schools for changes in maximum enrollment, grades served, the municipality of the school's location, or the districts specified in the school's region are sent to the superintendents of the affected districts to provide them with an opportunity to submit written comment to the Commissioner within 15 days.

IV. Criteria for Approval or Denial of an Amendment Request

Section 1.11 of 603 CMR 1.00 contains several criteria that the Commissioner and the Board of Education may consider in reaching a determination regarding a school's request to amend its charter. First, "the Commissioner and the Board of Education may consider a charter school's compliance with applicable state, federal, and local law." Second, the Commissioner and the Board of Education may consider the evidence regarding the success of the school's academic program, the viability of the school as an organization, and the faithfulness of the school to the terms of its charter. The criteria used to evaluate requests for enrollment increases ask specific questions about these areas. Complete answers will serve to expedite the amendment process.

V. Changes at a School About Which the School Must Notify the Charter School Office

A number of changes at a charter school may not require an amendment request but do require that the school inform the Charter School Office in a timely fashion. These include changes in

• individuals holding school leadership positions, such as an Executive Director or Principal;
• location of the school's facilities within the same municipality;
• documentation of the school's compliance with state and federal laws, including but not limited to all fire, health, and safety laws and accessibility requirements, for a move to new facility or for renovations to the same facility;
• officers of the school's Board of Trustees;
• general contact information (phone number, mailing address, and email) for the school and the school's Board of Trustees; or
• main contact persons for the school and the school's Board of Trustees.

Like all school districts and public schools in the state, charter schools are required to provide information to the ESE through the School and District Profilesi. Charter schools view, add, update and delete their own information over the web to make sure that the information is as up-to-date and accurate as possible. Information from all units of the Department is sent to schools using this information as the basis for mailing lists. Schools should contact 781-338-DATA or data@doe.mass.edu with any questions about this process.

VI. Increases in Maximum Enrollment, Allocation of Seats, and Net School Spending

After the completion of the April 1 Pre-Enrollment Report each year, the Department of Elementary and Secondary Education will estimate the number of additional seats available for each district in the Commonwealth without exceeding the net school spending (NSS) cap of 9%. To determine the number of additional seats available under the NSS cap, the Department will analyze reported pre-enrollment and the total number of seats already held by existing charter schools in relation to current new school spending and charter tuition projections. The estimated number of additional seats available in each district is printed each year in the Application for a Massachusetts Public School Charter that can be found at http://www.doe.mass.edu/charter/. The Department cautions that these are only estimates based upon current projections and may change, sometimes significantly.

The Department will reserve a sufficient number of the estimated additional seats available in each district to allow for deviations from the Department's NSS projections. Additionally, the Department may choose to establish a maximum number of seats to be made available for potential new charter school applicants if a district is approaching the 9% NSS cap. New charter school applicants may apply for up to the maximum number of seats determined to be available.

VII. Evaluation Criteria for Requested Changes in Maximum Enrollment and/or Grades Served

The following criteria define the basis on which the request will be evaluated.