Pursuant to the Charter School Regulations, 603 CMR 1.10(1), the Board of Elementary and Secondary Education (Board) must approve certain changes in the material terms of a school's charter. This year (2021-2022), the Department of Elementary and Secondary Education (Department) received requests from 7 existing charter schools or charter school networks that involve changes to the districts specified in the school's charter region, the grades served, or the maximum enrollment allowed. Please contact the Department at charterschools@doe.mass.edu to obtain copies of any of the submitted amendment requests.
Section 1.10 of 603 CMR contains several criteria that the Commissioner of Elementary and Secondary Education (Commissioner) and the Board may consider in reaching a determination regarding a school's request to amend its charter. First, "the Commissioner and the Board may consider a charter school's compliance with applicable state, federal, and local law." Second, the Commissioner and the Board 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. Third, if seeking an increase in maximum enrollment in certain districts, the board of trustees must qualify as a "proven provider" based on the existing school and must meet the performance criteria described in 603 CMR 1.04(4). Fourth, schools must address additional criteria as outlined in the Department's guidelines on amendments.
We currently anticipate bringing these matters to the Board for consideration no earlier than its January 25, 2022 meeting and completing the process by its February 15, 2022 meeting, if recommended by the Commissioner for approval. Updates on this process may be found on the Department's Board Meeting Schedule and Agendas website.
The Department solicits comments from the superintendents in the school districts within each charter school's current/proposed district or region. Members of the public may submit written comments regarding a school's amendment request to: Massachusetts Department of Elementary and Secondary Education, c/o Office of Charter Schools and School Redesign, 75 Pleasant Street, Malden, MA 02148 or by email to charterschools@doe.mass.edu . The Department requests that public comment be submitted by January 7, 2022.
1 Pursuant to G.L. c. 71, § 89, and 603 CMR 1.00, Commonwealth charter schools provide enrollment preference and receive tuition funding based upon the public school district serving the town or city where a student resides. The public school district, rather than town or city, defines the charter region of a Commonwealth charter school. In 2001, Holden, a non-operating district, was added to the charter region of Abby Kelley Foster Charter Public School; the regional school district that serves Holden residents is Wachusett Regional School District. The school's request seeks to align the school's charter region with the requirements of the charter school statute.
2 Consolidation permits two or more separate charter schools within a network of charter schools to operate as a single charter school under one charter with multiple campuses. The Board has previously granted the consolidation requests of five former networks of charter schools. A charter school network exists when multiple charter schools operate under individual charters and a single board of trustees oversees all of the schools.