Charter Amendment Guidelines 2017-2018 - Web viewAll new management contracts must align with...

Charter Amendment and Notification Guidelines

June 2017

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© 2017 Massachusetts Department of Elementary and Secondary EducationPermission is hereby granted to copy any or all parts of this document for non-commercial educational purposes. Please credit

the “Massachusetts Department of Elementary and Secondary Education.”

Massachusetts Department of Elementary and Secondary Education75 Pleasant Street, Malden, MA 02148-5023

Phone 781-338-3000 TTY: N.E.T. Relay 800-439-2370www.doe.mass.edu

http://www.doe.mass.edu/

Table of Contents

I. Introduction..............................................................................................................................2

II. Changes at a Charter School Which Require Approval of the Board of Elementary and Secondary Education..............................................................................2

III. Changes at a Charter School Which Require Approval of the Commissioner of Elementary and Secondary Education................................................................3

IV. The Department’s Amendment Process...................................................................................5A. Review of Amendment Requests............................................................................................5B. Criteria for Approval of an Amendment Request...................................................................6C. Eligibility Charter School Program Grant...............................................................................6

V. Preparing and Submitting Amendment Requests.....................................................................7A. Required Elements for Amendment Requests to the Board....................................................8

1. Instructions for Amendment to District(s) Specified in a Charter School’s Region........92. Instructions for Amendment to Maximum Enrollment and/or Grades Served...............123. Instructions for Amendment to Contractual Relationship with

a Management Organization...........................................................................................19

B. Required Elements for Amendment Requests to the Commissioner....................................211. Instructions for Amendment to School Name (Effective subsequent fiscal year)..........222. Instructions for Amendment to Mission.........................................................................233. Instructions for Amendment to Governance or Leadership Structure............................244. Instructions for Amendment to Educational Program, Curriculum Model, or Whole School Design.....................................................................................................265. Instructions for Amendment to Bylaws..........................................................................276. Instructions for Approval of New Board Member(s) [Year Round]...............................287. Instructions for Amendment to Memorandum of Understanding (Horace Mann).........298. Instructions for Amendment to Schedule (e.g. length of year, school week or day)......309. Instructions for Amendment to Accountability Plan......................................................3210. Instructions for Amendment to Enrollment Policy and Application (Effective subsequent enrollment period).......................................................................3311. Instructions for Amendment to Expulsion Policy..........................................................3412. Instructions for Amendment to Location of Facilities (if relocating or expanding to a new municipality)........................................................35

VI. Additional Changes at a Charter School that Require Approval [Loans Beyond Charter Terms]..............................................................................................36

VII. Changes at a Charter School that Require Notification to the Department............................38

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I. Introduction

These guidelines have four purposes: To identify the kinds of changes1 that must be approved by the commissioner and/or the

Board of Elementary and Secondary Education (Board) prior to implementation; To outline the process that a charter school must follow when requesting approval of an

amendment; To specify the information that must be included in an amendment request; and To identify the kinds of changes that do not require formal approval by the Commissioner of

Elementary and Secondary Education (commissioner) or the Board but which must reported to the Department of Elementary and Secondary Education (Department).

II. Changes at a Charter School Which Require Approval of the Board of Elementary and Secondary Education

Changes requiring approval by the Board before they can be implemented include: Maximum enrollment; Grades served; District(s) specified in a school’s charter; and Contractual relationship with an education management organization that is providing or

planning to provide substantially all the school’s educational services 2 . (603 CMR 1.10(1)).

The charter school's board of trustees must vote on adopting the proposed change to its charter and submit an amendment request that addresses the requirements described in these guidelines. In general, the Board will consider requests for maximum enrollment increases, changes to grades served, and districts specified in the school’s charter only after the school undergoes a comprehensive evaluation by the Department at the time of the school’s first charter renewal. Additionally, any school under one or more conditions is unlikely to be considered by the Board until the school has made progress towards meeting the conditions and the commissioner has recommended removal of conditions. Schools are encouraged to consult with the Department prior to submission to ensure the request meets the standards for consideration by the commissioner and the Board.

Submission deadlines of amendments subject to Board approval:The Department will accept requests related to charter region, maximum enrollment, and grades served no later than August 1 annually. Requests to revise management contracts shall be submitted no later than April 1 for an effective date in the following fiscal year.

The commissioner reviews all requests prior to asking the Board for approval. If the commissioner does not recommend a charter school’s amendment request, and does not bring the request to the Board for consideration, the school’s board of trustees may request that the Board review the commissioner’s decision at the time of the commissioner’s decision (603 CMR 1.10(8). The school’s board of trustees may not request review of the commissioner’s decision beyond the fiscal

1 The kinds of changes that require approval by the commissioner and/or the Board are defined in 603 CMR 1.10.2 Changes to existing management contracts must align to Department guidance, and require consultation with the Department prior to submission to ensure timely approval by the commissioner and Board.

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year of submission. For example, a request to increase maximum enrollment that is submitted on August 1, 2017 cannot be subject to Board review after the Board’s meeting in June 2018.

A Note about Consolidations: A consolidation is an action by the Board to permit two or more legally distinct charter schools within a charter school network3 to operate as a single charter school with multiple campuses. The Board has previously granted consolidation amendments to four networks of charter schools. Please contact the Department for further guidance if considering a request for consolidation.

III. Changes at a Charter School Which Require Approval of the Commissioner of Elementary and Secondary Education

There are two categories of charter amendments which require commissioner approval prior to implementation: amendments subject to provisional approval by the Department prior to a vote by the board of trustees and amendments that do not require provisional approval prior to a vote by the board of trustees.

Amendments subject to provisional approval:All amendments to policies approved by a board of trustees that require alignment to published Department guidance require provisional approval by the Department prior to a board of trustees vote. Provisional approval ensures that all changes maintain alignment with current Department requirements and guidance. The Department works with school representatives to ensure the timeline for provisional approval takes into consideration the meeting schedule of the school’s board of trustees. Depending upon the policy under revision and the degree to which the school has aligned its policy with Department guidance, the process for provisional approval may involve consultations with Department staff over a period of three to four weeks via phone and email, and a number of additional revisions to the proposed policy. Schools are encouraged to align the following policies as closely as possible to the Department’s criteria prior to submission.

Provisional approval is required for changes to: Accountability Plan ; Bylaws; Enrollment policy and application for admission ; Expulsion policy; and Memorandum of understanding for Horace Mann charter schools.

Amendments that do not require Department review prior to board of trustees approval:All other amendments to terms of the school’s charter may be voted upon by the board of trustees and submitted directly to the Department via [email protected] for commissioner approval without consultation with the Department. While consultation is not required, schools are encouraged to speak directly with their accountability liaison to address any questions or concerns prior to submission.

Consultation is not required for changes to: School name;

3 A charter school network exists when multiple charter schools are overseen by a single board of trustees. Each charter school within the network was granted its own charter.

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mailto:[email protected]

Mission 4 ; Governance or leadership structure; Educational programs, curriculum models, or whole-school designs that are

inconsistent with those specified in the school’s charter 5 ; Membership of the board of trustees ; Schedule (e.g. length of school year, school week, or school day); or Location of facilities, if such change involves relocating or expanding to another

municipality within the charter region. (603 CMR 1.10(2)).

Vote by board of trustees to approve changes:Before submitting an amendment request for commissioner approval to the Department, the board of trustees should vote to authorize the school to work with the Department to make any minor technical changes to the amendment submitted for approval if such changes are necessary to meet the requirements of statute or regulations.

Appointment of trustees by commissioner:The commissioner will appoint new members of a school’s board of trustees on a monthly basis throughout the year.

Differentiated timelines for amendment requests subject to commissioner approval:In general, the Department will accept the majority of requests related to the following changes by Commonwealth charter schools from January 1 through June 1 for an effective date in the current or subsequent fiscal year. The Department’s preferred window does not include amendments provisionally approved by the Department returning for commissioner approval after a board vote. In most cases, commissioner approval will take place no later than August 1.

Bylaws for boards of trustees of both Commonwealth and Horace Mann charter schools; Educational programs, curriculum models, or whole-school designs that are inconsistent

with those specified in the school’s charter; Expulsion policy; Governance or leadership structure; Location of facilities, if such change involves relocating or expanding to another

municipality within the charter region. Schedule (e.g. length of school year, school week, or school day); School name; and Mission.

Enrollment processes: The Department will accept requests related to the revision of a school’s enrollment policy and application for admission from January 1 through October 1. The Department’s preferred window does not include amendments provisionally approved by the Department returning for commissioner approval after a board vote. In most cases, commissioner approval will take place no later than August 1. The Department will not consider revisions to enrollment policies that would take effect during an active enrollment period. Changes to enrollment processes for an upcoming application period must be approved by the commissioner prior to implementation, but no later than November 15.

Accountability plans: Submissions of accountability plan amendment requests for schools that have been successfully renewed are accepted from April 1 through July 1 to take effect in the first year of

4 Mission amendments are language revisions of the school’s mission statement. 5 Such requests include changes to the school’s mission which reflect a change in educational program, curriculum model, or whole school design.

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the new charter term. Submissions of accountability plan amendment requests for schools within their first year of operation are accepted from March 1 through June 1 to take effect immediately. Submissions will be considered outside of the required dates in exceptional circumstances upon request. Schools are discouraged from amending the accountability plan during the charter term except in exceptional circumstances. The Department’s preferred window does not include amendments provisionally approved by the Department returning for commissioner approval after a board vote.

Horace Mann charter schools: All requests subject to the approval of the local collective bargaining unit and the local school committee may be submitted until October 1 in order to acquire the necessary approvals prior to implementation.

In the case of extraordinary circumstances, the Department will consider review of amendments subject to commissioner approval outside of the indicated deadlines on an as needed basis.

Please note that the timeline for processing an amendment is subject to the complexity of the issues involved and the schedules of the commissioner and the Board. Charter schools are strongly encouraged to consult with the Department prior to submitting an amendment request, particularly one that proposes a significant change. The submission of requests shall follow deadlines set by the Department. Please review the instructions for each type of amendment for information regarding the deadlines set by the Department. Amendment requests from Horace Mann charter schools:Boards of trustees of Horace Mann charter schools must address the following requirements depending upon the type of amendment request and whether the Horace Mann charter is I, II, or III.

Bylaws and New Board Members : Amendments by a Horace Mann charter school to its bylaws and membership on its board of trustees do not require approval of the local collective bargaining unit and local school committee.

Horace Mann I and III : All other amendments, as described in 603 CMR 1.10(1) and (2), by a Horace Mann I and III require the approval of the local collective bargaining unit and the local school committee prior to the submission of such requests to the Department.

Horace Mann II (conversion) : All other amendments, as described in 603 CMR 1.10(1) and (2), by a Horace Mann II require approval of a majority of the school's faculty and the local school committee prior to the submission of such requests to the Department.

IV. The Department’s Amendment Process

A. Review of Amendment RequestsThe Department manages the process of review for the commissioner and the Board. Submission of an accurate amendment request that includes all of the required elements as described in these guidelines increases the efficiency with which the request can be processed. The Department will communicate with the school regarding additional information required for review, or if a discussion is required with school and board leadership.

A Note about Interviews: The Department may request an interview with the school’s board members and school leadership for an amendment request to increase a school’s maximum enrollment and/or grade span. Interviews are required if a request meets the definition of a substantial expansion, the addition of two or more grades and an increase that is 50 percent or more

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of the school’s current maximum enrollment. The Department conducts interviews to address any areas of concern identified through the review process that require additional information or context from the school, including eligibility for proven provider status if required.

While the Department solicits and reviews comments from superintendents of relevant districts on amendment requests to change maximum enrollment, grades served, the municipality or school district of its location, or the districts specified in its region, charter schools are encouraged to inform families and community members of their ability to provide public comment to the Department’s Office of Charter Schools and School Redesign at [email protected] for commissioner consideration.

B. Criteria for Approval of an Amendment RequestPursuant to 603 CMR 1.10, the commissioner and the Board consider the school’s record of performance when reaching a determination regarding a school’s request to amend its charter. In general, the following factors are considered during the review of charter amendment requests:

the school’s compliance with applicable state, federal, and local law; affirmative, credible evidence of the existing school's success in each of the three

accountability areas as documented in the Charter School Performance Criteria (CSPC): academic program success, organizational viability, and faithfulness to the terms of its charter. Examples of evidence include accountability documentation such as summaries of review and site visit reports.

In general, the commissioner and the Board will consider requests for changes to maximum enrollment, to grades served, and districts specified in the school’s charter only after the school undergoes a comprehensive evaluation by the Department at the time of the school’s first charter renewal.

A board of trustees seeking an amendment to increase maximum enrollment in districts performing in the lowest 10 percent statewide must qualify as a proven provider6 if current charter school enrollment in the district exceeds the 9 percent net school spending cap or the cap would be exceeded by the proposed enrollment increase.

If the commissioner does not recommend a charter school’s amendment request, and does not bring the request to the Board for consideration, the school’s board of trustees may seek review of that decision by the Board directly at the time of the commissioner’s decision (603 CMR 1.10(8). The school’s board of trustees may not request review of the commissioner’s decision beyond the fiscal year of submission. For example, a request to increase maximum enrollment that is submitted on August 1, 2017 cannot be subject to Board review after the Board’s meeting in June 2018.

C. Eligibility Charter School Program GrantMassachusetts was awarded the federal Charter Schools Program (CSP) grant for fiscal years 2017-2019. The Department’s CSP grant allows new and existing Commonwealth and Horace Mann charter schools to receive funds during the establishment of a new school or implementation of a substantial expansion to an existing school that meets certain criteria.7 The submission of an 6 Proven Providers must meet the performance criteria described in 603 CMR 1.04(4).603 CMR 1.04(4).7 A request must meet the definition of a substantial expansion as outlined in Massachusetts CSP application; the addition of two or more grades and an increase that is 50 percent or more of the school’s current maximum enrollment.

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amendment request serves as the initial application for the CSP grant funds. Eligible schools who are awarded charter amendments will receive baseline funding of $300,000. Additional funding is available if schools meet one or both of the priorities described below.

Access and Equity Priority: ESE will provide $175,000 in additional CSP grant funding to schools that either:

1. Commit to backfilling all vacancies through grade 10 in alignment with current backfilling procedures, or

2. Adopt/Have an explicit mission and educational program designed to:a. Specifically serve English language learners, orb. Specially serve students who are disconnected, over-age and under-credited, or off-

track in their high school education;

Immediate High Impact Priority: ESE will provide $125,000 in additional CSP grant funding to those charter schools that quickly provide new, high-quality educational seats to communities by opening with at least 250 seats in the first year of expansion.

Additional details about these grants will be made available at: http://www.doe.mass.edu/grants/. If you have any questions regarding the grant and your particular request, please contact the Office of Charter Schools and School Redesign at 781-338-3227 or [email protected].

V. Preparing and Submitting Amendment Requests

All documentation must be submitted to the Department electronically, including documents with signatures. Amendment requests are addressed to either the Board or the commissioner based on the type of approval required, and also copied to the Director of the Office of Charter Schools and School Redesign. All amendment requests are submitted under the penalties of perjury and must provide complete information regarding the request. Incomplete amendment requests will not be considered and will require resubmission which will delay the review process.

All amendment requests shall include a Charter Amendment Cover Sheet and a Charter Amendment Request Letter. Charter Amendment Request Letters should briefly describe how the board came to decide to submit the charter amendment, why the amendment should be granted, and indicate specific concerns if the request is not granted, as applicable. Reminders to include these documents are included in the specific amendment instructions below. Templates for both documents can be found at: http://www.doe.mass.edu/charter/governance/

All amendment requests already approved by the charter school board of trustees are submitted via email to [email protected]. For amendment requests due on August 1, the full request must be submitted by 5:00 p.m., in order to be considered.

A Note about Superintendent Amendment Receipt: If a Commonwealth charter school seeks an amendment to change its maximum enrollment, grades served, the municipality or school district of its location, or the districts specified in its region, the school is required to send a copy of its amendment materials to the superintendent of the school districts from which the school enrolls or is expected to enroll students and certify to the Department that it has done so. Certification may Schools with multiple same grade campuses will be eligible if the increase to enrollment is 50 percent of more of the school’s enrollment at its largest campus.

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http://www.doe.mass.edu/charter/governance/

http://www.doe.mass.edu/grants/

include evidence of email or hard copy distribution; a written assurance will not be sufficient. The Department will solicit and review comments on the amendment request from the superintendents of the affected districts.

A. Required Elements for Amendment Requests to the BoardAmendment requests are required to include the information outlined below in the respective instructions for each type of amendment. Please provide the information in a document separate from the Amendment Cover Sheet and the Amendment Request Letter. Schools are required to submit the full amendment request as a Microsoft Word document for the purposes of Department review, duplication, and distribution. Only letters signed by individuals authorized by the board of trustees to submit the request may be submitted in Portable Document Format (PDF). Schools are encouraged to contact the Department with questions prior to submission of any amendment request.

The Commonwealth of Massachusetts is committed to providing information to the public that is accessible to all, including those utilizing assistive technology to access information. Due to the frequency of public requests, we ask that schools submit an accessible electronic version of all amendment requests for maximum enrollment increases, changes to grades served, and districts specified in the school’s charter. In order to ensure accessibility, we recommend the elimination of images and the use of tables instead. If images are used, alternative text is required. The document file properties (author and title) should be completed using Title Case (not all uppercase or lowercase). We strongly recommend a document size less than 5MB. The Department’s Website Accessibility Policy can be found online at http://www.doe.mass.edu/nmg/accessibility.html as well as guidance on preparing accessible documents.

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1. Instructions for Amendment to District(s) Specified in a Charter School’s Region8

Any Commonwealth charter school which wishes to add one or more districts to its current charter region must request approval from the Board. Please contact the Department with any questions regarding the availability of seats within the districts under consideration in your request.

If the request to amend a school’s charter region is required by M.G.L. c. 71 § 89(n) due to enrollment outside of its approved charter region, please follow the instructions below found under 'Two Year Trend of 20 Percent Enrollment Outside District(s) Specified in Charter.'

Charter Amendment Request Cover Sheet http://www.doe.mass.edu/charter/governance/

Charter Amendment Request Letter (contains clear descriptive statement of request being made by board of trustees)http://www.doe.mass.edu/charter/governance/

Send a copy of the submitted amendment materials to the superintendent of the school districts from which the school enrolls or is expected to enroll students and certify to the Department that it has done so. Certification may come in a variety of forms, such as email, or proof of mailing via certified mail.

Please address the following criteria in your request’s supporting documentation, as applicable.

Describe the reason for the selection of the community(ies) and the relationships that have been established in the targeted community.

Describe how this amendment enhances or expands the educational opportunities currently available to the targeted student population based on their needs.

Describe how the school has assessed parental support from the proposed district(s) to be added to the school’s region and provide evidence of demand. The Department strongly discourages the submission of petitions containing confidential personal information as evidence of demand.

Provide a projection of how the expansion of the region will impact enrollment distribution across the grade span from the proposed district(s) and existing districts in the region. Please factor into your projection the current availability of seats under the applicable net school spending cap (see District Information on Enrollment Projections at http://www.doe.mass.edu/charter/governance/).

Identify if the current grade span includes a preschool grade that is not available in all districts of the proposed region. Describe how the school intends to manage the enrollment of preschool students for whom the school will not receive tuition reimbursement.9

Describe how transportation services will be provided to all eligible students.10 Indicate if transportation services will be modified from current practice if request is granted.

8 August 1st deadline for submission. 9 A charter school may not introduce an enrollment preference within its charter region to admit only students whose districts provide preschool. Preschool students who are residents of districts that do not provide preschool cannot be paid for through charter school tuition. 10 See Charter School Transportation Technical Advisory at: http://www.doe.mass.edu/charter/guidance/2016-1.html.

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Please note: charter schools must notify the district providing transportation no later than February 1st prior to the start of the school year of all transportation needs, including any changes resulting from the granting of an amendment. NOTE: A school’s commitment to provide transportation services to residents of the charter region during the scheduled school year, including those students who reside outside the city or town where the school is located, will establish the school’s eligibility for regional transportation aid.

Describe the anticipated financial impact if the amendment is granted and the school’s preparations for any challenges, e.g. revenue increase or decrease based on variation in per pupil tuition and projected enrollment, additional transportation costs due to larger geographical region, etc.

Submit a draft enrollment policy and application for admission which reflects the proposed charter region and enrollment preference change. [If the school’s request is approved by the Board of Elementary and Secondary Education, the Department will work directly with the school to provide provisional approval of a revised enrollment policy and application for admission and ensure timely approval by the commissioner prior to the next enrollment period.]

Provide examples of anticipated additional strategies to attract, enroll, and retain students that will be incorporated in the school’s recruitment and retention plan if changes to the charter region are granted, as applicable.

Two Year Trend of 20 Percent Enrollment Outside District(s) Specified in CharterIn accordance with M.G.L. c. 71 § 89(n), if more than 20% of the school's total enrollment for two consecutive years comes from school districts not included in its original charter, the school's board of trustees must file an amendment request to reflect its actual enrollment patterns.

The following criteria are only for requests required by the Department because 20% or more of the students enrolled in the charter school for two consecutive years are from districts other than those the school is chartered to serve.

Provide a description of the enrollment trends experienced by the school that requires this charter amendment request. If charter enrollment within the present charter region has declined over time while enrollment outside of the charter region has increased, provide a rationale for the enrollment trends experienced by the school and the strategies the board and school leadership have implemented in response.

Identify if the current grade span includes a preschool grade that is not available in all districts of the proposed region. Describe how the school intends to manage the enrollment of preschool students for whom the school will not receive tuition reimbursement.11

Provide a projection of how the expansion of the region may impact enrollment distribution across the grade span from the proposed district(s) and existing districts in the region. Explain the basis for your projection. Please factor into your projection the current availability of seats under the applicable net school spending cap (see District Information on Enrollment Projections at http://www.doe.mass.edu/charter/governance/).

11 A charter school may not introduce an enrollment preference within its charter region to admit only students whose districts provide preschool. Preschool students who are residents of districts that do not provide preschool cannot be paid for through charter school tuition.

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Describe how transportation services will be provided to all eligible students.12 Indicate if transportation services will be modified from current practice if request is granted. Please note that charter schools must notify the district providing transportation no later than February 1st prior to the start of the school year of all transportation needs, including any changes resulting from the granting of an amendment. NOTE: A school’s commitment to provide transportation services to residents of the charter region during the scheduled school year, including those students who reside outside the city or town where the school is located, will establish the school’s eligibility for regional transportation aid.

Submit a draft enrollment policy and application for admission which reflects the proposed charter region and enrollment preference change. [If the school’s request is approved by the Board of Elementary and Secondary Education, the Department will work directly with the school to provide provisional approval of a revised enrollment policy and application for admission and ensure timely approval by the commissioner prior to the next enrollment period.]

Provide examples of anticipated additional strategies to attract, enroll, and retain students that will be incorporated in the school’s recruitment and retention plan if changes to the charter region are granted, as applicable.

12 See Charter School Transportation Technical Advisory at: http://www.doe.mass.edu/charter/guidance/2016-1.html.

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2. Instructions for Amendment to Maximum Enrollment and/or Grades Served13

Any Commonwealth or Horace Mann charter school seeking to change the grades being served by the school and/or its maximum enrollment must request approval from the Board. All requests must explicitly indicate within the request the proposed change to maximum enrollment and/or grade span in addition to providing information as described in these guidelines. Please contact the Department with any questions regarding your request, including seat availability or the proven provider requirements.

In May of each year, the Department projects the number of additional seats available for each district in the Commonwealth under the net school spending (NSS) cap, including those districts where the cap is raised. The estimated number of seats available in each district is updated annually in the District Information on Enrollment Projections and can be found at http://www.doe.mass.edu/charter/governance/. Any Commonwealth charter school considering an amendment request to increase maximum enrollment should review the availability of seats in their targeted district(s) prior to developing and submitting their request.

A Note about Expansions and Student Entry Points: As part of all amendment requests to increase maximum enrollment, the Department evaluates and considers the degree to which schools provide admission for new students across all grade levels. To strengthen a request to increase enrollment, the Department strongly encourages schools to increase access and admission of new students at as many grade levels as possible. In approving recent amendment requests, the Board has indicated its support for the growth of charter schools that provide student access beyond what is required in statute.

Proven Provider DeterminationAny Commonwealth charter school located in or serving as part of their region a district performing in the lowest 10 percent statewide should contact the Department to confirm if the group must qualify as a proven provider. Proven provider status is required when requesting to increase the maximum enrollment of an existing Commonwealth charter school if the sending region includes district(s) that have performed in the lowest 10 percent statewide and where the 9 percent net school spending cap has been, or would be exceeded by the request or the combination of amendment requests and new charter applications submitted. The commissioner will evaluate whether a board of trustees qualifies as a proven provider based on the performance of the existing school compared to the state and the district in which the school is located.

In order to determine if a current board of trustees qualifies for proven provider status, the commissioner will consider affirmative, credible evidence of the existing school's success in each of the three accountability areas as documented in the Charter School Performance Criteria (CSPC): academic program success, organizational viability, and faithfulness to the terms of its charter. Pursuant to 603 CMR 1.04(4), determination of proven provider status includes consideration of the following data as indicators of success in student academic performance and evidence of overall academic program success:

student proficiency levels and growth measures levels on the MCAS in English language arts and mathematics, for over no less than a three-year period, for all students and one or more subgroups; and

attendance, retention, attrition, in-school suspension rates, out-of-school suspension rates, and if applicable, graduation and dropout data.

13 August 1st deadline for submission.

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Proven provider status is determined at the time of the request. Previous determinations of proven provider status made for previous amendment requests or charter applications are not maintained for requests in future years. The Department will not require submission of any data readily available on the Department’s website.


Charter Amendment Request Letter (contains clear descriptive statement of request being made by board of trustees)http://www.doe.mass.edu/charter/governance/

Statement of Assurances for the Federal Charter School Program Grant (as applicable)http://www.doe.mass.edu/charter/governance/

Send a copy of the submitted amendment materials to the superintendent of the school districts from which the school enrolls or is expected to enroll students and certify to the Department that it has done so. Certification may come in a variety of forms, such as email, or proof of mailing via certified mail.

Certification that the local school committee and teachers’ union have approved the proposed changes as applicable (Horace Mann only)

Each criterion serves to augment current accountability documentation and allow schools to present the most complete picture of their record of performance for all interested stakeholders. Schools must respond to all criteria, as applicable, in order to address anticipated areas of Department inquiry, and to adequately demonstrate capacity to implement the proposed request and maintain or improve upon current performance of the school under the proposed expansion. In addition, the date of the school’s most recent renewal decision or Department site visit should influence a school’s approach to crafting a complete response to the criteria. If the school believes that the documentation developed within the past three years of operation addresses criteria related to the request, please site those particular summaries of review, site visit reports, annual reports, audits, or other documents in your response.

Requests to Increase Maximum Enrollment by 10 Percent or Less of Current Maximum Enrollment: The magnitude of a school’s request will influence the type of information required to evaluate the school’s performance in the areas of faithfulness to the terms of its charter, academic program success, and organizational viability. The Department has indicated areas of inquiry within the listed criteria that are recommended but optional for schools that are requesting an increase of enrollment that is 10 percent or less of the school’s current maximum enrollment. The Department recommends that schools review the criteria labeled ‘Optional for enrollment requests that are 10% or less of current maximum enrollment’ to determine if a response to this optional criteria may provide an opportunity to address anticipated areas of Department inquiry due to past trends, or to adequately demonstrate capacity to implement the proposed request.

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Mission and Key Design Elements Describe how the amendment request is consistent with the school’s mission. [Grade Span Change Only] Describe how this amendment enhances or expands the

educational opportunities currently available to the targeted student population. Incorporate a discussion regarding the key design elements of your school into your response.

[Grade Span Change Only] Describe how the proposed change to grades served will impact any key design elements of the current educational program or curriculum model. Provide examples of how the key design elements of the current school model will be reflected in the additional proposed grades.

[Optional for enrollment requests that are 10% or less of current maximum enrollment] Briefly summarize the school’s track record of success in demonstrating faithfulness to its mission, implementing the key design elements outlined in its charter, and substantially meeting its accountability plan goals during its charter term. The summary should provide additional context to any recent circumstances in the school’s history involving these areas of the school’s performance, including charter conditions, probation, recent amendments, performance against CSPC as reported in site visit reports, or charter renewal.

Access and Equity Describe how the charter school has determined a need to increase maximum enrollment

and/or increase the grade span. Strong evidence includes feedback from parent and faculty surveys, a historical pattern of an increase in submitted admission applications, and a growing population of eligible students in local region.

Describe how the school has determined that there is sufficient parent support to fill existing and proposed seats and/or grades at the school under the proposed amendment.

Briefly summarize the school’s efforts to eliminate barriers to program access, including but not limited to, recruitment and enrollment practices, retention practices, and school policies, such as student support and discipline systems. Describe the progress made in attracting, enrolling, and retaining a student population that is demographically comparable to similar grades in schools from which the existing charter school(s) enrolls students. Describe actions taken and reported in their recruitment and retention plan to address challenges in any of these areas of school performance. Indicate how the school’s efforts may need to evolve during implementation of the proposed expansion.

Explain trends and/or anomalies in attendance, retention, attrition, in-school suspension rates, out-of-school suspension rates, and if applicable, graduation and dropout data over the past four years. The Department performs a review using available student data in the aggregate, and by targeted subgroups, and grade cohorts using the CHART tool at http://www.doe.mass.edu/charter/chart/. Schools should explain any unique circumstances related to published school data, and corrective actions taken to address challenges in any of these areas of school performance.

Indicate, in a table, both the historical distribution of enrolled students in the present grade span, and the projected distribution of students by grade, including the primary entry points for new students, and the grades where backfilling will occur. The Department strongly encourages schools to promote new student access under the proposed expansion, and to explicitly indicate access for new students at as many grade levels as possible. The table should reflect the implementation timeline, projecting a five-year enrollment pattern, or more if necessary, to project the maximum enrollment and/or grade span requested. In your projection, indicate clearly the potential for variation in enrollment to safeguard against the need for a future minor amendment if granted.

14

http://www.doe.mass.edu/charter/chart/

http://www.doe.mass.edu/charter/chart/

Submit a draft enrollment policy and application for admission which reflects the proposed change to entry point(s) and backfilling of vacancies, as applicable. The Department strongly encourages schools to promote new student access under the proposed expansion, and to explicitly indicate access for new students at as many grade levels as possible. [If the school’s request is approved by the Board of Elementary and Secondary Education, the Department will work directly with the school to provide provisional approval of a revised enrollment policy and application for admission and ensure timely approval by the commissioner prior to the next enrollment period.]

Compliance [Optional for enrollment requests that are 10% or less of current maximum enrollment]

Briefly summarize the school’s record of compliance with the terms of its charter and applicable state and federal laws and regulations over the past four years, both in reference to school and board operations. Indicate in the summary any corrective action taken in response to challenges, and the implementation of any safeguards to maintain compliance with all legal requirements. The summary should provide additional context to any recent circumstances in the school’s history involving these areas of the school’s performance, including charter conditions, probation, recent amendments, performance against CSPC as reported in site visit reports, or charter renewal.

Dissemination [Optional for enrollment requests that are 10% or less of current maximum enrollment]

Briefly summarize the school’s efforts to provide innovative models for replication and best practices to other public schools in the district where the charter school is located. The response may also include dissemination to other schools, districts, and organizations beyond the district of location. The summary should provide additional context to any recent circumstances in the school’s history involving these areas of the school’s performance, including past or present grant awards related to dissemination practices.

Student Performance [Optional for enrollment requests that are 10% or less of current maximum enrollment] The

Department will review the school’s academic performance based on available MCAS data, including student subgroups. Schools should explain any unique circumstances related to published school data, and corrective actions taken to address challenges in any of these areas of school performance within their request. The Department typically reviews the most recent 3 years of student data, as available, at a minimum.

[Optional for enrollment requests that are 10% or less of current maximum enrollment] Schools may submit student performance data for other standardized assessments in English language arts and mathematics as additional evidence of academic student achievement. Please indicate and define the metric used in your submission. Schools are required to submit at least three years of data for all students and one or more targeted subgroups.14 Targeted subgroups may include, but are not limited to students with disabilities; students who qualify for free and/or reduced lunch; and English language learners. If the number of students in one or more targeted subgroups is below the threshold of students required for reporting based on the metric15, schools may include a high needs16 student subgroup where

14 If available, the submission should include comparative performance data, national, statewide, or district(s), for all students and for one or more targeted subgroups in comparable grades.15 For example, the Department does not report achievement percentages for subgroups with fewer than 10 students included, or growth percentiles for subgroups with fewer than 20 students included.

15

student data is aggregated into a ‘super’ subgroup of students with high needs adjusted for enrollment.

Program Delivery [Grade Span Change Only] Describe any schedule changes anticipated with implementation

of the new grade span, including length of school year, week, or day. Describe how the change in grade span will impact the mechanics of the educational program in terms of the daily and weekly organization of students and faculty.

[Grade Span Change Only] Provide an overview of how the current educational program, curriculum model, or whole school design, including curriculum and instruction, will be adapted to serve younger or older students, as applicable.

[Grade Span Change Only] Briefly describe the process that is used to align curriculum to the Massachusetts curriculum frameworks.

[Grade Span Change Only] Describe the process used to develop horizontally and vertically aligned curriculum for the new grade span and a timeline for curriculum development and implementation, if applicable, including the individuals involved.

[Grade Span Change Only] Describe the process and procedures used to evaluate whether curriculum and instruction is effective and successfully implemented. Include in your response a brief summary of the assessment system implemented at the school, and any modifications if request is granted.

[Grade Span Change Only] Provide an outline of the curriculum scope and sequence that will be used in the new grade levels, including the content and skills to be taught in the core content areas at each new grade level, if applicable.

[Optional for enrollment requests that are 10% or less of current maximum enrollment] Briefly describe the supports provided to meet the academic needs of all students, including but not limited to students with disabilities, and English language learners. Indicate how the strategies may need to evolve during implementation of the proposed expansion.

Culture and Family Engagement [Optional for enrollment requests that are 10% or less of current maximum enrollment]

Briefly describe the strategies used to create a safe school environment, and to address the physical, social, emotional, and health needs of your students. Indicate how the strategies may need to evolve during implementation of the proposed expansion.

[Optional for enrollment requests that are 10% or less of current maximum enrollment] Briefly describe how the school develops strong working relationships with families/guardians in order to support students’ academic progress and social and emotional well-being. Indicate how the strategies may need to evolve during implementation of the proposed expansion.

Capacity Describe how the staff will implement the request effectively and evaluate its success.

Indicate the individuals involved throughout the process of implementation, and the systems in place for decision-making and communication among all members of the school community.

Provide a complete staffing chart and detailed narrative staffing plan to support the planning and implementation of the proposed increase in enrollment and/or grade span.

16 A student is high needs if he or she is designated as either low income, or EL, or former EL, or a student with disabilities. A former EL student is a student not currently an EL, but had been at some point in the two previous academic years.

16

If the school contracts with an EMO, describe how the EMO will support the planning and implementation of the proposed amendment.

[Optional for enrollment requests that are 10% or less of current maximum enrollment] Provide an action plan for implementation. Describe the proposed strategies that will lead to a successful implementation of the proposed changes. Include: a timeline, action(s) to be taken, designated point person, and start date and projected completion date.

Governance [Optional for enrollment requests that are 10% or less of current maximum enrollment]

Schools may choose to summarize briefly within their request board activities that demonstrate effective governance, including compliance with applicable laws and regulations, and examples of corrective action in response to identified challenges. The summary may include specific achievements over the most recent charter term; analyses of stakeholder satisfaction surveys; board and school leadership evaluations; board of trustees’ self-evaluation; and strategic planning. The summary should provide additional context to any recent circumstances in the school’s history involving these areas of the school’s performance, including charter conditions, probation, recent amendments, performance against CSPC as reported in site visit reports, or charter renewal.

Describe how the board of trustees will implement the request effectively and evaluate its success. Provide details of the board’s role in planning, and monitoring progress of the expansion.

Provide approved board minutes (including all board committee minutes) for the twelve months prior to the submission of this amendment request on August 1.

Finance [Optional for enrollment requests that are 10% or less of current maximum enrollment]

Schools may choose to summarize briefly within their request board activities that demonstrate effective financial management, as well as compliance with applicable laws and regulations. The summary may include information regarding real estate acquisition, loan agreements and debt repayment, and fundraising, as applicable. The summary should provide additional context to any recent circumstances in the school’s history involving these areas of the school’s performance.

The Department will review the school’s financial history, including the Financial Dashboard at http://www.doe.mass.edu/charter/finance/dashboard/, as part of the amendment request. Schools should explain any unique circumstances related to published school data, and corrective actions taken to address challenges in any of these areas of school performance within their request.

Describe the financial resources that are necessary to implement the school’s expansion, including the projected sources of revenue that will ensure the fiscal viability of the school and the successful implementation of the proposed change(s). Describe contingency planning for potential challenges in cash flow or budget shortfalls due to lower than anticipated student enrollment or other financial challenges in the early years of expansion, include specific strategies.

Provide financial projections performed in planning for the proposed expansion. Financial projections should reflect both immediate and long-term considerations that the board and school leadership have identified in implementation of the proposed amendment. Provide a detailed narrative explaining the financial forecasts, and the underlying assumptions.

Describe the facility that will be used to meet the school’s needs and how it is accessible to individuals with physical disabilities and able to accommodate all students, and if

17

http://www.doe.mass.edu/charter/finance/dashboard/



modifications will be required. Indicate if the current facility will accommodate the expansion, or if additional space and/or renovations will be required.

Describe how transportation services are provided to all eligible students, and if modifications will be required. Please note: charter schools must notify the district(s) providing transportation no later than February 1st prior to the start of the school year of all transportation needs, including any changes resulting from the granting of an amendment.

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3. Instructions for Amendment to Contractual Relationship with a Management Organization

Draft to be submitted no later than April 1 for an effective date in the following fiscal year.


Charter Amendment Request Letter http://www.doe.mass.edu/charter/governance/

Certification that the local school committee and teachers’ union have approved the proposed changes (Horace Mann only)

Prior to submission, contact the Department to discuss the proposed changes to the contract. The Department will work directly with the school's board of trustees to ensure required elements are incorporated or remain in the contract. When modifications are required, the board of trustees and education management organization must sign and adopt the modified contract after provisional approval by the Department. Once provisional approval is provided, the board of trustees must vote to approve the revised contract prior to execution, and a copy of the signed contract must be provided to the Department to complete the commissioner approval process.


A. If the school is proposing to enter into a relationship 17 with an EMO for substantially all educational services, the request must:

Identify the EMO.

Provide a comprehensive summary of the EMO’s history, a description of how it implements its program, past results (including student academic achievement and financial status) of its school management efforts, and its educational philosophy. There should be evidence that the entity has demonstrated positive academic results and responsible fiscal management, as well as success in serving similar student populations.

Explain how and why the EMO was selected, what due diligence has been conducted, and how contracting with this EMO will assist the school in meeting the needs of the community(ies) served by the school.

Describe the respective roles and responsibilities of the school’s board of trustees and the EMO for the financial management and oversight of the school, and the internal controls that the board will put into place, including a plan to monitor the performance of the entity to hold them accountable.

Include a draft of the proposed contract. The contract must include a delineation of the roles and responsibilities of the other entity and the school, a description of how the

17 All new management contracts must align with Department guidance, and require consultation with the Department prior to submission to ensure timely approval by the commissioner and Board.

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charter school board of trustees will monitor the academic performance and fiscal activity of the school, performance evaluation measures (including student academic performance), the total fee paid for management services, a description of the payment structure, clarification of authority over hiring and firing, and the conditions and procedures for the contract’s renewal and termination. Please see http://www.doe.mass.edu/charter/governance for the required elements of contracts for educational services.

B. If the school is proposing to revise an existing management contract, the contract must align with current Department guidance , and requires consultation with the Department prior to submission to ensure timely approval by the commissioner and Board.

Submit a copy of the current contract with the EMO.

Submit a copy of the proposed contract with the EMO that clearly indicates the changes being proposed.

Summarize the reasons for the proposed changes to the contract, and describe the process used to reach an agreement with the EMO on the proposed changes.

C. If the school is proposing to sever a relationship with an EMO:

Submit a copy of the current contract with the EMO.

Describe the current services provided by the EMO.

Describe the reasons and process for the termination of services, including penalties that will be incurred by the school as a result of the proposed termination.

Provide detailed information on how the school has planned for and will implement all of the changes required by, and the costs associated with, severing the contract. Describe the proposed changes in school operations, staffing, programming, and finances that are anticipated to result from the termination of services. Provide evidence of adequate financial planning to cover the costs associated with termination, such as financial projections performed by the school.

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http://www.doe.mass.edu/charter/governance

B. Required Elements for Amendment Requests to the Commissioner

As noted above, amendment requests subject to commissioner approval fall into two types: those that require provisional approval by the Department and those that do not. Likewise, each type of commissioner approval amendment has a timeline for submission. The types of amendments and their corresponding timelines are found below.

Type of Amendment Subject to Commissioner Approval Timeline for Submission

Is there a Checklist or Form to submit with Request Letter?

Is Department Approval required Prior to a Vote by Board of Trustees?

School name January 1 – June 1 No No

Mission January 1 – June 1 No No

Governance/leadership structure January 1 – June 1 No No

Educational programs, curriculum models, or whole school designs January 1 – June 1 No No

Bylaws [Horace Mann and Commonwealth] January 1 – June 1 Checklist Yes

Schedule January 1 – June 1 Schedule template No

Accountability plan New: March 1 – June 1Renewal: April 1 – July 1

Accountability Plan template Yes

Expulsion policy January 1 – June 1 Checklist Yes

Location of facility [change in municipality] January 1 – June 1 No No

Enrollment policy and application for admission January 1 – October 1 Checklist Yes

Horace Mann amendments[Amendments subject to school committee approval are provided an extended window]

January 1– October 1 No MOU (yes)

Membership of the board of trustees [All schools] Any time

Individual’s Resume or Biography

No

A full explanation of the amendment request should be included in the Charter School Amendment Request Letter. In order to reach a determination regarding the request, the Department also requires each type of request to contain the information outlined below in the respective instructions. Schools are encouraged to contact the Department with questions prior to submission of any amendment request.

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1. Instructions for Amendment to School Name (Effective subsequent fiscal year)

Submissions are accepted from January 1 through June 1 to take effect in the following fiscal year (July 1 of the same request/calendar year).



Certification that the local school committee have approved the proposed changes (Horace Mann charter schools only)

Certification that the teachers’ union has approved the proposed changes (only Horace Mann I and III) or certification that the majority of the school’s faculty has approved the proposed changes (only Horace Mann II)

Proposed name must be clearly indicated in documentation

If the school is to be named in honor of a person, living or dead, proof that the person in question or the estate of the person in question has granted the school permission to use the name.

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2. Instructions for Amendment to Mission

Submissions are accepted from January 1 through June 1 to take effect in the following fiscal year (July 1 of the same request/calendar year). Mission amendments are typically language revisions of the school’s mission statement. If the language revision to the mission includes changes to the educational program, curriculum model, or whole school design, schools are advised to review and complete instructions for both types of amendments.






Describe why the school has proposed a change to its mission.

Indicate if the request is required by a previously approved charter amendment or a recommendation previously issued by the Department.

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3. Instructions for Amendment to Governance or Leadership Structure

Submissions are accepted from January 1 through June 1 to take effect in the following fiscal year (July 1 of the same request/calendar year). Changes to governance or leadership structure refer to a change in the position(s) hired, supervised, and evaluated by the board of trustees. If the position(s) directly reporting to the board of trustees has or will be changed and results in a fundamental change in governance or leadership structure, the board is expected to submit a new organizational chart reflecting the change as well as updated bylaws reflecting the change in the position(s) reporting to the board.





A copy of the school’s current bylaws with proposed changes clearly marked.

A copy of the proposed bylaws.

A completed bylaws checklist using the Criteria for Charter School Bylaws Checklist, found at http://www.doe.mass.edu/charter/governance/

A copy of the school’s current organizational chart with a narrative description that clarifies the school’s current reporting structure to the board of trustees and the current reporting structure and relationship of the school’s leader(s) and administration regarding teachers, specialists, and other staff members.

A copy of the school’s proposed organizational chart with a narrative description of the proposed reporting structure to the board of trustees and the reporting structure and relationship of the school’s leader(s) and administration regarding teachers, specialists, and other staff members. Discuss what motivated the proposed change and the incorporation of new positions and their responsibilities only if these new positions report directly to the board of trustees.


If the school contracts with an educational management organization (EMO), describe how the EMO’s relationship with the board or school leadership changes as a result of the proposed amendment, if applicable.

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If the request is prompted by changes in individual(s) who report to the board due to the development of a network structure to provide management and administrative support to multiple schools, describe the proposed changes to the distribution of responsibilities and how the network structure will support the management and operation of multiple schools.

Indicate if the request is required by a recommendation previously issued by the Department.

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4. Instructions for Amendment to Educational Program, Curriculum Model, or Whole School Design

Submissions are accepted from January 1 through June 1 to take effect in the following fiscal year (July 1 of the same request/calendar year). Such amendments include significant changes to the school’s mission which reflect a change in educational program, curriculum model, or whole school design.






Describe how the amendment request is consistent with the school’s mission. If the proposed change is not consistent with the school’s current mission, address the following criteria:o Describe why the school has proposed a significant change to its mission.o Describe how the proposed change in mission alters the original mission of the

school. Schools are advised to consult with the Department if the nature of the change would also result in an amendment to the language used in the school’s mission.

Describe the process that was used to determine a change was needed and how the choice was made regarding the proposed educational program, curriculum model, or whole-school design.

Describe how will the school’s culture and norms will be maintained or changes that will occur as a result of the proposed change(s).

Provide an outline of the curriculum/design that will be used, if modifications are required, including the content and skills to be taught in the core content areas at each grade level. Describe the process and procedures that will be used to align the curriculum to the Massachusetts curriculum frameworks and to evaluate whether the curriculum is effective and successfully implemented.

Provide details of the implementation of the program delivery change in terms of daily or weekly organization of students and faculty (e.g. multi-grade, tracking, team-teaching, etc.), if modifications are required.

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5. Instructions for Amendment to Bylaws

Submissions are accepted from January 1 through June 1 to take effect upon approval. Submissions will be considered outside of the required dates in exceptional circumstances upon request.



A copy of the school’s current bylaws with proposed changes clearly marked.

A copy of the proposed bylaws.

A completed bylaws checklist using the Criteria for Charter School Bylaws Checklist, found at http://www.doe.mass.edu/charter/governance/

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6. Instructions for Approval of New Board Member(s) [Year Round]

When a charter school’s board of trustees votes to accept new members, and before those individuals may take official action, the following steps must be taken through the Board Member Management System to receive approval of the new members from the commissioner:

All requests for the approval of new board members first require entering the proposed board member’s name and preferred email address, at a minimum, into the Board Member Management System by a system user.

The system user must upload the request for approval to the individual record of the proposed new member(s) within the Board Member Management System.

The letter must include a statement that the charter school's board of trustees voted to accept the new member(s). A Template Letter to Request Approval of New Board Members can be found at: http://www.doe.mass.edu/charter/governance/

The letter must include the signature of either the chairperson of a charter school’s board of trustees or an individual authorized by the board of trustees.

The system user must upload a copy of the proposed board member’s resume to the individual record of the proposed new member(s) within the Board Member Management System with the letter requesting approval.

The proposed new board members will receive an electronic financial disclosure form for the preceding calendar year from the Board Member Management System once the request letter and resume are submitted via the system. This form is signed under the penalty of perjury. The request cannot be considered until the financial disclosure is completed and submitted by the proposed new board member.

System users of the Board Member Management System will be able to monitor the status of the approval request from within the Board Member Management System.

When a new board member, or a member returning after a period of non-service, is approved, the individual will receive notifications regarding conflict of interest and open meeting law information via the Board Member Management System.

NOTE: Board members who have previously been approved by the commissioner for service on a specific charter school board of trustees may be renewed for a concurrent subsequent term on the board in accordance with term limits set in the bylaws of the board of trustees without additional commissioner action for additional terms of service on the same charter school board of trustees if the terms are concurrent. Individuals who seek to return to board service, after a period of non-service, are required to be approved by the commissioner regardless of prior appointment to a board of trustees. Boards of trustees are required to comply with the term limits described in their board bylaws. Schools are required to notify the Department via the Board Member Management System when individuals occupying officer positions change, and when members leave the school's board of trustees, whether it is a resignation, the expiration of a term, or a removal.

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http://www.mass.gov/ma-ese-board-mem-req


http://www.doe.mass.edu/news/news.aspx?id=17899

http://www.doe.mass.edu/news/news.aspx?id=17899

7. Instructions for Amendment to Memorandum of Understanding (Horace Mann)

Submissions are accepted from January 1 through October 1 to take effect upon approval or the following fiscal year (July 1 of the same request/calendar year). Submissions will be considered outside of the required dates in exceptional circumstances upon request.



Prior to submission, contact the Department to discuss the proposed changes to the memorandum of understanding (MOU). The Department will work directly with the school's board of trustees to ensure required elements are incorporated or remain in the MOU. When modifications are required to the MOU, the board of trustees and district school committee must sign and adopt the modified MOU after provisional approval by the Department. Once provisional approval is provided, the board of trustees must vote to approve the revised MOU prior to execution, and a copy of the signed MOU must be provided to the Department to complete the commissioner approval process.

Review M.G.L. c. 71 Section 89(w) and 603 CMR 1.08(1) for complete information. We encourage Horace Mann charter schools to consult their own legal counsel regarding the adoption of the MOU with the district and/or local collective bargaining unit(s).

Review the required and recommended elements of a Type A (agreement with district) and Type B (agreement with district and local collective bargaining unit(s)) MOU found at http://www.doe.mass.edu/charter/governance/.

The board of trustees must submit evidence of the vote to adopt the Type A MOU and/or Type B MOU during a board meeting, such as meeting minutes or a letter from the board chair.

If a single MOU among the board of trustees, the school committee, and the local collective bargaining unit(s) is already in place, the agreement must include the required elements of both “Type A” and “Type B”.


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8. Instructions for Amendment to Schedule (e.g. length of year, school week or day)

Submissions are accepted from January 1 through June 1 to take effect in the following fiscal year (July 1 of the same request/calendar year). Submissions will be considered outside of the required dates in exceptional circumstances upon request.


Charter Amendment Request Letter http://www.doe.mass.edu/charter/governance/o The school must inform the school district where the school is located of the

proposed schedule change prior to submission of the request if the schedule change would impact the services currently being provided to the school. 18 The request letter should indicate that this communication has already taken place if applicable.

o Please note: charter schools must notify the district(s) providing transportation no later than February 1st prior to the start of the school year of all transportation needs, including any changes resulting from the granting of an amendment. Please see the transportation advisory for more information: http://www.doe.mass.edu/charter/guidance/2016-1.html.



A copy of the school’s current schedule, calendar, school week, and school day regardless of the type of change proposed.

18 603 CMR 1.07(3) Transportation:(a) All students who reside in the school district in which a charter school is located shall be provided transportation by the district, provided that either: 1. transportation is provided to district students in the same grade; or 2. transportation is required by the student's individualized education program. If a district provides an alternative means of transportation for its students in a particular grade, such as public transportation passes, it may do so for charter school students in that grade. A district may not limit transportation to charter school students based upon attendance zones or other geographic subdivisions of the district. The district shall accommodate the school day and school year specified in the school's charter, provided that the charter school shall make reasonable accommodations in setting its daily starting and ending times to foster cost-efficient transportation arrangements.(b) A charter school shall annually notify the district in which it is located of its projected transportation needs no later than February 1st prior to the start of the school year, provided that newly chartered schools shall provide such notification as soon as practicable following receipt of its charter. Charter schools shall update their projected transportation needs by April 1st based on pre-enrollment data.(c) If a district and a charter school are unable to reach agreement on the district's provision of transportation for all or some of the students attending said school, the charter school may provide its own transportation. The school shall make every reasonable effort to provide such transportation in the most cost effective manner possible, including but not limited to collaboration with the district. The school shall be reimbursed by the district for the actual costs incurred by the school or for the district's average per pupil cost for all in-district student transportation, whichever is less. Said reimbursements shall be subject to the commissioner's approval and shall be paid through the Department's charter tuition payment process.

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[Permanent Change] A copy of the proposed schedule using the Department’s schedule template found at http://www.doe.mass.edu/charter/governance/.

[Temporary Change] The school is not required to complete the Department’s schedule template if the schedule change is related to changing the number of school days in operation due to an unforeseen event. The school must explain the temporary cause and nature of the schedule change in the request letter.

Describe how transportation services will be provided to all eligible students, and indicate if any changes will be required.

Provide clear evidence that the proposed change is supported by school stakeholders such as staff, parents, and students.

Indicate the school’s efforts to collaborate with the district of residence if student transportation will be impacted by the proposed change in schedule.

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9. Instructions for Amendment to Accountability Plan

Schools in their first year of operation and schools who have undergone a successful renewal will work closely with the Department to ensure timely approval. Submissions of accountability plan amendment requests for schools that have been

successfully renewed are accepted from April 1 through July 1 to take effect in the first year of the new charter term.

Submissions of accountability plan amendment requests for schools within their first year of operation are accepted from March 1 through June 1 to take effect immediately.

Submissions will be considered outside of the required dates in exceptional circumstances upon request. Schools are discouraged from amending the accountability plan during the charter term except in exceptional circumstances. The Department’s preferred window does not include amendments provisionally approved by the Department returning for commissioner approval after a board vote.



Prior to submission, schools are asked to review the Department’s Guidelines for Writing Charter School Accountability Plans at http://www.doe.mass.edu/charter/acct.html?section=guidelines, and contact the Department to discuss the proposed changes to the accountability plan. The Department will work directly with the school to ensure required elements are incorporated in the plan. Once provisional approval is provided by Department staff, the board of trustees must vote to approve the provisionally approved plan, the school will submit a board approved accountability plan to complete the approval process and receive commissioner approval.



A copy of the school’s current or previous accountability plan if one exists. In the case of schools that were recently granted charter renewal, the plan will be from the prior charter term.

A copy of the proposed accountability plan following the Guidelines for Writing Charter School Accountability Plans found at http://www.doe.mass.edu/charter/acct.html?section=guidelines.

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http://www.doe.mass.edu/charter/acct.html?section=guidelines







10. Instructions for Amendment to Enrollment Policy and Application (Effective subsequent enrollment period)

Submissions are accepted from January 1 through October 1 to take effect in the upcoming enrollment period.





A copy of the school’s current enrollment policy and application for admission with proposed changes clearly marked.

A copy of the proposed enrollment policy and application for admission, including an established growth plan if the school is implementing a grade span and/or maximum enrollment increase, and the plan for transportation services if a regional school. o A growth plan includes the anticipated number of students per grade each year until

the school reaches its final amended grade span and/or maximum enrollment. Schools are encouraged to craft growth plans which adequately reflect the typical year to year variation in student enrollment due to retention, attrition, and backfilling.

o [Regional charter school] A school’s plan for transportation services, if applicable, will state if the school provides or intends to provide transportation to all residents of its charter region in accordance with the Charter School Technical Advisory 16-1: Transportation. NOTE: A school’s commitment to provide transportation services to residents of the charter region during the scheduled school year, including those students who reside outside the city or town where the school is located, will establish the school’s eligibility for regional transportation aid.

A completed enrollment policy checklist, using the Criteria for Enrollment Policy and Application for Admission Checklist, found at http://www.doe.mass.edu/charter/governance/

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11. Instructions for Amendment to Expulsion Policy

Submissions are accepted from January 1 through June 1 to take effect in the following fiscal year (July 1 of the same request year).

Changes to charter school policies should reflect the Act Relative to Student Access to Educational Services and Exclusion from School, G.L. c. 76, §21 and Student Discipline Regulations, 603 CMR 53.00. Schools are required to request and receive approval from the Department for any and all revisions to current expulsion policies prior to a vote of approval by the board of trustees. The revisions made to the school’s expulsion policies will be reviewed against published Department guidance, including the Department’s Advisory on Student Discipline.





A copy of the school’s current expulsion policy for regular and special education students with proposed changes clearly marked.

A copy of the proposed expulsion policy, included in the school’s code of conduct and/or student handbook.

A completed expulsion policy checklist using the Criteria for Expulsion Policy Checklist at: http://www.doe.mass.edu/charter/governance/.

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http://www.doe.mass.edu/lawsregs/advisory/discipline/StudentDiscipline.html

http://www.doe.mass.edu/lawsregs/603cmr53.html

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter76/Section21

https://malegislature.gov/Laws/SessionLaws/Acts/2012/Chapter222

https://malegislature.gov/Laws/SessionLaws/Acts/2012/Chapter222

12. Instructions for Amendment to Location of Facilities (if relocating or expanding to a new municipality)

Submissions are accepted from January 1 through June 1 to take effect in the following fiscal year (July 1 of the same request year).



Send a copy of the submitted amendment materials to the superintendent of the school districts from which the school enrolls or is expected to enroll students and certify to the Department that it has done so. Certification may come in a variety of forms, such as email, or proof of mailing via certified mail. Required for both permanent and temporary changes to location.

[Temporary Change] The school is not required to respond to the criteria below if the location change is temporary. The school must explain the temporary cause and nature of the location change in the request letter, describe the scope of the change for the school community, the plans and preparations for transportation and facility use, and communications with families and staff regarding the required temporary change.

Please address the following criteria in your request’s supporting documentation if the change is permanent, as applicable.

Describe the financing plans and proposed budget for acquisition of a facility and any necessary renovations to meet the school’s needs, all local building requirements, and to meet accessibility requirements. (NOTE: Any financing to be obtained by the school that extends beyond the charter term must be approved by the commissioner. For information on seeking approval from the commissioner for a loan beyond the term of the charter, please contact Joanna Laghetto at [email protected] or 781-338-3221. Charter schools are strongly encouraged to plan ahead regarding requests for approval of a term of repayment that exceeds the duration of the school's charter. All documents should be submitted at least 30 days before the approval is needed.)

Describe briefly how transportation services will be provided to all eligible students. Please note: charter schools must notify the district(s) providing transportation no later than February 1st prior to the start of the school year of all transportation needs, including any changes resulting from the granting of an amendment.

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VI. Additional Changes at a Charter School that Require Approval [Loans Beyond Charter Terms]

Under the charter school statute, G.L. c. 71, § 89(j)(6), the Board of Elementary and Secondary Education (Board) must approve the term of repayment of any charter school's debt if it exceeds the duration of the school's charter. At its meeting on October 21, 2008, the Board voted to delegate to the commissioner the authority to approve such loan requests. These requests include instances in which a charter school may guarantee a loan with a repayment term that exceeds the duration of the school's charter. The following outlines the timeline and process required in order to submit such a request for consideration. If approved, the commissioner informs the Board of such approval.

For the commissioner to consider approving a loan with a repayment term that exceeds the duration of the school's charter, the school must submit a number of documents to the Office of Charter School and School Redesign. These documents should be submitted at least thirty days before the commissioner's approval is needed. These documents, submitted under penalties of perjury, include as follows.

A letter from the school's board of trustees requesting approval of the term of repayment of the charter school debt, addressed to the commissioner, with a copy to the Office of Charter School and School Redesign. This letter must

o provide a description of the proposed loan including, but not limited to, its purpose and expected maximum term length, a description of the expected financing arrangements, and a statement about how the loan will benefit the school;

o include a statement that the school's board of trustees "voted to request approval of the term of repayment of this financing on [DATE] at a meeting held in compliance with the Open Meeting Law;" and

o include a statement that the board of trustees has authorized the person signing the letter to make the request on their behalf.

A five-year operating budget for the school that includes repayment of the proposed loan(s). Loan agreement(s) or commitment letter(s), if available. The loan agreement(s) or

commitment letter(s) must contain the following language:

The parties to the loan(s) acknowledge and agree that the Commonwealth of Massachusetts including, but not limited to, the commissioner, the Board, and the Department of Elementary and Secondary Education, provides no representations or guarantees with respect to these loans and has no liability for any portion of the loans. Furthermore, specifically and without limitation, the commissioner's approval of the loan has no impact on any action that the commissioner or the Board may choose to take in the future with respect to probation, revocation, or renewal of the School's charter.

If the loan agreement(s) or commitment letter(s) is not yet available or the language quoted above is not contained therein, a letter from the school's proposed lender(s) outlining the anticipated terms of the loan and the lender's understanding that:

o the Commonwealth of Massachusetts including, but not limited to, the commissioner, the Board, and the Department of Elementary and Secondary Education, provides no representations or guarantees with respect to these loans and

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that the Commonwealth of Massachusetts, including but not limited to the commissioner, the Board, and the Department of Elementary and Secondary Education, has no liability for any portion of the loans;

o the approval by the commissioner of the term of repayment of loan(s) has no impact on any action that the commissioner or the Board take in the future with respect to probation, revocation, or renewal of the School's charter; and

o any approval of the term of repayment by the commissioner would be explicitly conditioned upon the inclusion of this language in the loan agreement(s).

Please note that the submission of these documents is required before the commissioner will consider approving a term of repayment of any charter school debt that exceeds the duration of a school's charter. Resubmitting a request for approval of a loan beyond the term of the charter will not be required if minor changes are made to the expected term and financing arrangements. The suggested timelines are subject to the complexity of the issues involved and the schedule of the commissioner. Charter schools are strongly encouraged to plan ahead regarding requests for approval of a term of repayment that exceeds the duration of the school's charter. Questions about information contained in this advisory should be directed to Joanna Laghetto at [email protected] or 781-338-3221.

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VII. Changes at a Charter School that Require Notification to the Department

A number of changes at a charter school do not require an amendment request but do require that the school officially inform the Department in a timely fashion. Notification requires an individual authorized by the board, usually the school leader or a member of the school’s administration, to submit a letter to the Office of Charter Schools and School Redesign informing the Department of the change. Letters may be submitted via email to [email protected], with the exception of updates that can occur through the Board Member Management System.

The Department requires notification when schools make changes in: individuals holding school leadership positions, such as an executive director or principal

[whether interim or permanent capacity]; the delay of implementation of a granted amendment19; location of the school’s facilities within the same municipality and 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 the new facility or renovations to the current facility;

information regarding the board of trustees, including officers of the school’s board of trustees, individuals resigning from the board of trustees, and general contact information for members of the school’s board of trustees 20;

general contact information (phone number, mailing address, and email) for the school; or significant decreases in enrollment (more than 10% lower than any previously reported

figure.

In addition to notifying the Department of changes in leadership and contact information, charter schools must also update the Department’s central Directory Administration system as needed. This is an online system used by all public schools and districts to identify key personnel and contact information. The Directory Administration database is used by many different offices in the Department to distribute important information, and some of the information is also made available to the public on the School Profiles page of the Department’s website. Therefore, it is essential that this information be kept current. Charter schools can view, add, update, and delete their own information in the Directory Administration database through the Department’s security portal. Schools should contact the Department’s data collection unit at 781-338-DATA or [email protected] with any questions about this process.

19 If the delay of an amendment request includes a change to the roll out of a grade span change or maximum enrollment increase, the change will require commissioner approval and requires consultation with the Department.20 Information regarding the board of trustees can be updated within the Board Member Management System.

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