Massachusetts Charter Schools

Updates regarding charter regulations and amendments

To:	Charter School Leaders and Board Chairs
From:	Cliff Chuang, Associate Commissioner
Date:	December 23, 2014

At its meeting on March 25, 2014, the Board of Elementary and Secondary Education (Board) voted to adopt amendments to 603 CMR 1.00, the regulations for charter schools. The regulations as amended are in effect. This memorandum

summarizes and provides more detail about the revised regulatory requirements;
clarifies the material terms of a school's charter; and
provides a review schedule for the greater-than-normal volume of charter amendments expected.

The charter school regulations contain new requirements relating to charter amendments, complaints, investigations, bylaws, enrollment policies, expulsion policies,1 and accountability plans. Each charter school is required to ensure that their policies and practices comply with the amended regulations. Some of these changes may require formal amendments to a school's charter, as outlined in this memo. The basic charter school bargain is that of "autonomy for accountability." Initially, the charter school statute and regulations offered independence to develop and manage schools in return for accepting increased responsibility for student outcomes. As the charter school sector has grown, more public awareness has led to greater public scrutiny, demanding transparency and additional oversight and accountability regarding the use of public funds and charter school governance. Greater public scrutiny has also led to an increased emphasis on charter school access and equity issues. The revised regulations articulate uniform rules and procedures governing the establishment and operations of charter schools and outline the material terms of a school's charter.

Revised Regulatory Requirements

The revised regulations are outlined in Table 1, attached to this memorandum. The column to the left summarizes changes to the regulations, and the column on the far right indicates action required by the school, if any. Table 1 also indicates which regulatory provisions may be applicable only to Commonwealth or to Horace Mann (HM) charter schools.

Material Terms of Charters

The regulations, at 603 CMR 1.10, define the materials terms of a school's charter. A school's final application for a charter serves as the basis on which the charter is granted and to which the school will be held accountable. The final application for a charter school articulates the mission, key design elements, and plans for a new public school. The Board authorizes the creation of the charter school with these key characteristics through a motion specifying the name of the school, school location, districts specified in the school's charter, maximum enrollment, and grades that the school will serve. Material terms of a school's charter are specified through the granting of a charter by the Board and in key documents approved during the opening procedures process, including the approval of the Accountability Plan prior to the start of the second year of operation. Key documents containing the material terms of a school's charter include, but are not limited to, the following:

Final application for a charter;
Board's motions granting, amending, or renewing a charter;
Accountability Plan;
Bylaws;
Enrollment policy and application for admission;
Expulsion policy;
Schedule (length of school year, school week, and school day);
Board of trustees - membership roster;
Management contracts (if applicable); and
Memoranda of Understanding (for Horace Mann charter schools)

Each charter school is accountable to and evaluated against the material terms of its charter during regular site visits and during the process for renewing a charter.2 These terms cannot be altered without a formal charter amendment through a vote of the school's board of trustees and formal approval from either the Board or the Commissioner of Elementary and Secondary Education (Commissioner), as outlined in 603 CMR 1.00. Table 2, attached to this memorandum, summarizes the material terms of the charter, where they are specified, and the level of approval required to be amended.

Charter Amendments Review Schedule

The amendments to the regulations for charter schools impact many of the key documents outlined in Table 2 and may require each charter school to amend certain material terms of its charter. The Charter School Amendment Guidelines provide full details about the amendment process. However, due to the sheer volume of amendments that may be required, the Department anticipates processing particular amendments consistent with the schedule that follows.

Enrollment Policies: Schools should submit enrollment policy amendment requests before the enrollment cycle for 2015-2016 admissions. The Department will endeavor to review and approve these requests as quickly as possible, though your patience and flexibility is requested due to the anticipated volume of requests.

Expulsion policies: The Department will endeavor to review all expulsion policies during the summer of 2015 to ensure compliance with the Student Discipline Regulations, 603 CMR 53.00. More details regarding this process will be provided in spring of 2015.

Schedule: The Department will request that all schools submit their current approved schedule on a standard template later this school year. The Department will also review any requested schedule changes at that time, and will endeavor to approve any schedule amendment requests during summer 2015. More details regarding this process will be provided in spring of 2015.

Accountability plans and Bylaws: Schools will update their Accountability Plans and bylaws as part of the renewal process. The Department intends to review and process submitted plans and bylaws by the summer after the renewal decision is made.

Other charter amendments will continue to be reviewed and processed as outlined in the Charter School Amendment Guidelines. The Department will communicate with schools directly regarding individual requests and any adjusted timeline as appropriate. If you have any questions or concerns, please feel free to contact Ruth Hersh at rhersh@doe.mass.edu or 781-338-3211.

Attachments:

Table 1: Revised Charter School Regulations Summary

Table 2: Material Terms of Charter Summary

Note:

1 On April 28, 2014, the Board also approved new Student Discipline Regulations, 603 CMR 53.00. These regulatory changes implement An Act Relative to Student Access to Educational Services and Exclusion from School. This statute and regulations are also in effect, and all charter schools must comply with these regulations.

2 In other states, these terms are often codified in a formal "charter contract."

Last Updated: December 23, 2014