(1)
Horace Mann Charter
Schools. Horace Mann charter schools shall be funded through the
local school district under the terms of the Memorandum of Understanding. A
Horace Mann charter school shall submit a budget request to the local school
district annually, in accordance with the budget schedule of the local school
district and no later than April 1st. Such budget
request shall be submitted to the superintendent and school committee of the
district in which the charter school is located. The school committee shall act
on the charter school budget request in conjunction with its approval of the
district's overall budget. The board of trustees of the Horace Mann charter
school may expend such allocation as it sees fit without any further approval
by the superintendent or school committee. A Horace Mann charter school's
budget allocation shall be consistent with the allocation of other public
schools in the district. In the case of budget reductions in the school
district, a Horace Mann charter school's budget may not be reduced
disproportionately to other schools in the district. The Horace Mann charter
school board of trustees shall follow the dispute resolution procedures
outlined in the Memorandum of Understanding. The board of trustees may appeal a
disproportionate budget allocation to the Commissioner. The Commissioner then
shall determine an equitable funding level for the charter school and, if
appropriate, shall require the school committee to provide such
funding.
(2)
Commonwealth Charter Schools. Every operating
Commonwealth charter school shall receive tuition payments from each school
district whose students attend the charter school. Such tuition payments shall
be equal to the appropriate charter school tuition rate, as determined in
accordance with 603 CMR 1.07(2)(a), multiplied by the number of students
attending the charter school from the sending district in the current year. If
any students attend the charter school for less than the full school year, the
tuition payment shall be reduced based on the number of days of enrollment.
Such tuition payments shall be paid in accordance with 603 CMR 1.07(2)(d).
(a)
Foundation Budget and
Commonwealth Charter Schools. For each sending district, a
separate foundation budget dollar amount and charter school tuition rate shall
be calculated as follows for each charter school to which the district sends
students.
1. The foundation budget dollar
amount shall be calculated, based on the foundation budget factors used for the
distribution of Chapter 70 aid in the current year, provided that the
out-of-district special education tuition component of the foundation budget
shall be excluded from the calculation. The student data for this calculation
shall be the foundation enrollment information reported by the charter school
as of October 1st of the prior school year. The
tuition rate shall equal the foundation budget dollar amount divided by the
number of students. If no students attended a particular charter school from a
particular sending district in the prior year, then the sending district's
average foundation budget per pupil will be used as the tuition rate.
2. Each tuition rate shall be increased by
the ratio of the sending district's current year budgeted net school spending,
as reported on schedule 19 of the Department's end of year pupil and financial
returns, to the sending district's total current year foundation budget.
Amounts reported on schedule 19 for out-of-district special education tuition
and retired teachers' health insurance shall be excluded from this
calculation.
3. Each tuition rate
shall be increased by a per pupil capital needs component calculated in
accordance with M.G.L. c. 71, § 89(ff), and each year's general
appropriations act.
(b)
Facilities. Any amounts appropriated under line item
7010-0030 for the purpose of per pupil facilities aid for Commonwealth charter
schools shall be used to reimburse sending districts for the capital component
of the tuition payments, as calculated in 603 CMR 1.07(2)(a)3., but shall not
affect the payments due to Commonwealth charter schools.
(c)
Tuition Rate.
For each sending district, the sum of its tuition payment to each Commonwealth
charter school, less any charter school capital facility reimbursement received
pursuant to 603 CMR 1.07(2)(b), shall be used as the district's "total charter
school tuition payment" for the purposes of M.G.L. c. 71, § 89(i), and
shall be used as the district's "total charter school tuition amount" for the
purposes of M.G.L. c. 71, § 89(gg).
(d)
Tuition Payment.
The State Treasurer shall make monthly payments to Commonwealth charter
schools. In making such payments, the Commonwealth shall reduce each sending
district's M.G.L. c. 70 allocation by an amount sufficient to meet its charter
school obligations for the month. If there are insufficient M.G.L. c. 70 funds
to meet a district's obligation, the Commonwealth shall reduce other state aid
allocated to the applicable cities and towns. If there are insufficient state
aid funds of any kind to meet a district's obligation, the Board shall
recommend to the Governor and legislature that a supplemental appropriation be
made to pay any remaining obligation to the charter school(s). The Department
shall notify both the Commonwealth charter school and the sending district(s)
of the amount of these tuition payments.
(e)
Monthly
Payments. The first five monthly payments to Commonwealth charter
schools shall be based on each charter school's pre-enrollment report, filed
with the Department pursuant to
603 CMR
1.08(5). The remaining
monthly payments of each fiscal year shall be based on updated enrollment
reports, submitted to the Department by each charter school. Failure to submit
a required enrollment report or charter school claim form may result in the
withholding of some or all of a charter school's monthly payment. Although each
monthly payment is intended to equal approximately one twelfth of the projected
annual amount, payments from December through June shall include adjustments to
correct any over- or under-payments in earlier months of the fiscal
year.
(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.
(4)
Surplus
Determination. Every Commonwealth charter school shall maintain a
separate fund on its books of account for tuition revenue. The Commissioner, in
consultation with the State Auditor, shall prescribe supplemental reports for
the purpose of calculating the school's cumulative unspent tuition revenue, and
such reports shall be submitted as part of the school's audited financial
statements. Commonwealth charter schools are permitted to retain a reasonable
surplus as working capital for the upcoming fiscal year equal to no more than
25% of the prior year's tuition payments plus 20% of the budgeted operating and
capital expenses for the upcoming year. Payments of excess cumulative tuition
revenue due to sending districts and the Commonwealth shall be made by the
Commissioner through adjustments to monthly tuition payments and monthly
distribution of charter 70 aid.
(5)
Capital Plan and Reserves. A charter school may
establish and periodically update a capital plan identifying current and future
capital projects. The Commissioner shall prescribe the information to be
reported for each such project as part of the school's annual report. A charter
school may establish a separate capital reserve account for each project
identified in its capital plan, and may make payments into said accounts. Funds
in a capital reserve account may only be used for the project or purpose for
which the account was established, provided, that such funds may be transferred
to another capital reserve account or to the school's operating fund with the
prior approval of the Commissioner.
