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Education Laws and Regulations

603 CMR 1.00:
Charter Schools

Section:
1.01:
1.02:
1.03:
1.04:
1.05:
1.06:
1.07:
1.08:
1.09:
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1.03: General Provisions

(1) Administrative Bulletins: The Board and the Department may issue advisories to interpret, implement, and provide guidance to charter schools.

(2) Waivers: The Board may waive provisions of 603 CMR 1.00 for good cause. If a charter applicant or charter school board of trustees makes a written request for a waiver, the Board may waive the applicability of one or more provisions of 603 CMR 1.00. These waivers shall be granted only under circumstances the Board deems exceptional and such waivers shall be granted only to the extent allowed by law. All such requests from the charter applicant or a board of trustees must:

(a) be in writing, signed by the waiver applicant;
(b) specify the provisions of 603 CMR 1.00 to be waived, the duration of the waiver, and the circumstances to which the waiver applies and the specific reason why a waiver is sought;
(c) include a certification that the waiver applicant has made a good faith effort to comply with said provisions; and
(d) be accompanied by supporting documentation considered sufficient by the Board to support the special circumstances or the need for relief.

If the granting of a waiver would have an impact on sending districts or the district of the town or city in which the charter school is located, the Commissioner shall provide the superintendent of each district notice and an opportunity to comment.

(3) Prohibitions: Private and parochial schools are not eligible for charter school status. Charter schools shall not charge students an application fee or tuition. Charter schools shall not charge their students any fee related to the provision of required educational programs. Charter schools shall not charge any public school or public school district for the use of their curriculum, subject to the restrictions contained in any contract between charter schools and third party providers. For-profit businesses or corporate entities may not apply for a charter.

(4) Immediate Closure: The Commissioner may order immediate closure of a charter school facility where the health, safety, or education of the school's students is at risk. Additionally, the Commissioner may order immediate closure of a charter school facility where fire, health, or safety codes, regulations, laws, or accessibility requirements are not met.

Regulatory Authority:
M.G.L. c. 69, § 1B; c. 69, §§ 1J and 1K, as amended by St. 2010, c. 12, § 3; c. 71, § 38G.



Last Updated: September 24, 2015
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