Enrollment Policy and Practice Frequently Asked Questions

Does a student need to be a Massachusetts resident to apply for admission and to attend a charter school?

Yes. A student must be a resident of Massachusetts at the time of application to be eligible to participate in a charter school's enrollment process. Additionally, a student must be a resident of Massachusetts to attend and to continue attending a charter school in Massachusetts.

What constitutes proof of residency?

A charter school must specify the reasonable evidence and documentation of residency in its enrollment policy, as approved by the Department. Because the enrollment preferences for applicants and funding are based upon the actual residence of students, charter schools may request reasonable information documenting the residency of both the applicant and the parent or guardian. Charter schools, however, must be flexible regarding what information they will accept as documentation. Charter schools may set reasonable requirements for documentation (e.g., utility bills, signed leases, etc.) in their enrollment policy. Schools may not require proof of residency for students who can be identified as "homeless" under the McKinney-Vento Act. See Q&A No. 3 for additional information about residential preference and students who are homeless.

In their enrollment policies, for purposes of enrollment preferences, a charter school may establish a presumption that an applicant student resides in the school district in which s/he and his/her siblings attend public school. Such a provision must specify that the applicant student may rebut this presumption through evidence indicating that they reside in a school district that is different from the one in which they attend school. Evidence submitted may include, but is not limited to, admission to the attending district through school choice, G.L. c. 76, § 12B; through an agreement between school committees; or through provisions of a collective bargaining agreement.

In their enrollment policies, for purposes of enrollment preferences, a charter school may also state that an applicant must "actually reside" in the city or town indicated on their application. "Actual residence" may be determined by looking at physical presence in the city or town with an intent to remain in the city or town and make it the applicant's home, "the center of [the applicant's] domestic, social and civil life." See Lydia D. v. Payzant, No. 03-5847-E, 2003 Mass. Super. LEXIS 471, at *6-7 (Mass. Super. Ct. Dec. 30, 2003) (addressing exclusion of students from Boston Latin School based upon residency). If the student lives in two separate residences because his or her parents share physical custody, the student may choose either location as their residence for purposes of attendance at the charter school. Factors that might be considered in determining "actual residence" might include where the applicant sleeps, where the applicant participates in other activities outside of school, where the applicant attends school, and whether the applicant intends to remain in the city or town and make it his or her home. Schools should consider consulting with legal counsel in making such determinations.

Example: a student actually resides in Quincy, but the student's parents rent an apartment in Boston for the purposes of establishing "residency" when applying to a charter school. If articulated in the charter school's enrollment policy and if the charter school determines that the student does not actually reside at the Boston rental address, then the school may not provide residential preference before the lottery takes place, or may rescind an offer of admission, may unenroll a student, or may terminate the enrollment of a currently attending student. See Q&A No. 18, for information regarding rescinding an offer of admission, unenrolling a student, or terminating the enrollment of a currently attending student.

If a student is homeless, what documentation is sufficient to receive an enrollment preference based on residency?

A student who meets the definitions of McKinney-Vento as being homeless must be considered eligible to apply regardless of residency documentation. The McKinney-Vento Act prohibits students who meet the definition of homeless from being barred from enrollment due to lack of required documentation. Please review the Department's Homeless Education Advisories for additional information. Homeless students, however, must still provide reasonable proof of residency to receive an admission preference based on where they are temporarily living. What is reasonable proof of the city or town in which a homeless student's is temporarily living depends upon the circumstances. In some situations, if other reasonable documentation is not available, an affidavit may be sufficient. Homeless students should receive a residency preference based on the location of their temporary residence; if their temporary residence is located within the charter school's sending region, they are entitled to a residency preference. The location of a student's prior permanent residence does not provide a residency preference for admission.

Can a foreign exchange student seek admission to or attend a charter school?

No. Charter schools may not admit foreign exchange students. Because foreign exchange students are not Massachusetts residents, they are not eligible to attend Massachusetts charter schools. Because they are not eligible to attend, they cannot enter the lottery, receive sibling preference, or be admitted. Charter schools would not receive any tuition or other funding for foreign exchange students and may not charge tuition to any foreign exchange student, a condition of eligibility for an F-1 visa to attend a secondary school. For additional information on F-1 visa requirements, please see Foreign Students in Public Schools.

Other than establishing residency in Massachusetts, are there other eligibility requirements that charter schools may consider for students?

Each charter school may include a provision in its enrollment policy that requires students to complete successfully the grade prior to the grade for which they seek admission. For example, pursuant to a provision in a charter school's enrollment policy, a fifth grade student applying for entry to sixth grade may be required to successfully complete fifth grade prior to beginning sixth grade at the charter school. Please note that the school the applicant attended for the prior grade determines whether the student successfully completed that grade, not the charter school to which the student has applied. See Q&A No. 20 for additional information regarding placement testing.

How can a student prove successful completion of the prior grade if they were previously home schooled?

As stated above, the determination of successful completion of a grade is made by the applicant's prior school, not the charter school to which the student has applied. Because a school does not determine successful completion of grades for students who are home schooled, grade completion can be attested to by the parents and confirmed by a review of the home schooling plan submitted to and approved by the student's district of residence and past evaluation and assessment results. Please note that such results may not be used to discriminate in admission based upon academic achievement. If a student who has previously been home schooled enrolls in a charter school, subsequent to admission, the charter school determines grade placement and whether to award course credit for work completed while the student was being home schooled. See Q&A No. 20 for additional information regarding placement testing.

Can a charter school require a student to repeat a grade to be eligible for admission?

No. A charter school may not require a student who has successfully completed a grade to repeat that grade level in order to be eligible for admission. See Q&A No. 20 for additional information regarding placement testing.

May a charter school set eligibility requirements based on age?

Pursuant to 603 CMR 1.05(12), each charter school in its enrollment policy shall specify age thresholds for kindergarten and maximum ages for high school programs that are consistent with state law. Schools with an entry point in kindergarten must specify the minimum age required to seek admission to those grades. For additional information, please see 603 CMR 8.00. A school's charter, enrollment policy, and application for admission should explicitly note the age eligibility for kindergarten.

With respect to setting maximum ages for high school programs, a charter school must serve students who have not yet obtained a high school diploma until age 22.

With respect to students without a high school diploma who are older than 22, on a case-by-case basis, any Commonwealth charter school whose approved enrollment policy permits it to serve such students may report these students through SIMS by requesting an exception for earlier dates of birth for SIMS element DOE006 (Date of Birth). Commonwealth charter schools may receive tuition for such students.

Does a student need to attend a district school to be eligible to attend a Commonwealth charter school?

No. Students do not need to attend a district school to be eligible to attend a Commonwealth charter school. All children who are residents of Massachusetts are eligible for admission.

May a Commonwealth charter school impose enrollment preferences other than those permitted under the charter school statute, such as preference for English language learners or students with disabilities?

No. Preferences for admission are specified in detail in the charter school statute and cannot be changed by the Department or by the charter school.

Does a student need to attend a district school to be eligible to attend a Horace Mann charter school?

No. Students do not need to attend a district school to be eligible to attend a Horace Mann charter school. All children who are residents of the district are eligible for admission. Students attending a school of the district, however, do receive a preference at the time of the admissions lottery. A Horace Mann charter school must admit students in the following order of preference:

1. for the initial lottery, any students attending the school, or attending school in the school building previously occupied by the school, on the date that the final application is filed with the Board;
2. for the initial lottery, siblings of any students attending the school, or attending school in the school building previously occupied by the school, on the date that the final application is filed with the Board;
3. in all subsequent lotteries, siblings of students currently attending the school;
4. students who currently attend the schools of the district in which the Horace Mann charter school is located; and
5. students who reside in the city or town in which the Horace Mann charter school is located.

Can a Horace Mann charter school directly admit a student who does not reside in the district in which the school is located and the student is not attending a school in the district?

No. A Horace Mann charter school, however, may admit a student who has been admitted to and attended school in the district in which the charter school is located under the school choice statute, G.L. c. 76, § 12B. Such student must be considered for admission as a student who is currently attending a school of the district in which the Horace Mann charter school is located.

May a district impose enrollment preferences at Horace Mann charter schools other than those permitted under the charter school statute, such as preference for English language learners or students with disabilities?

No. Preferences for admission are specified in detail in the charter school statute and cannot be changed by the Department, by the charter school, or by the district in which the Horace Mann charter school is located.