Current through Register 1531, September 27, 2024
(1)
Commonwealth of Massachusetts virtual school Application
Process. Applicants shall submit to the Department application
materials in accordance with the schedule, application form, and guidelines
established by the Department. Applications for Commonwealth of Massachusetts
virtual schools must be submitted by the deadline established by the Department
to be considered. The application must address the requirements in M.G.L. c. 71
§ 94(b), as well as other criteria required by the application.
(2)
Review Process.
The Department shall review application materials submitted in accordance with
established deadlines. The role of any reviewer is solely advisory. Application
materials will be reviewed and evaluated in accordance with criteria outlined
in 603 CMR 52.05 and in the
application itself. The Department will hold a public hearing, solicit public
comments, and conduct interviews with all applicants in order to better assess
their qualifications and capacity to start and operate a Commonwealth of
Massachusetts virtual school.
(3)
Evaluation and Approval of Applications. The
Department reviews applications to ensure that the applicant has, at a minimum,
demonstrated the ability:
(a) to address all
of the requirements included in M.G.L. c. 71, § 94, including the
identification of educational programs identified in the statute;
(b) to conform with M.G.L. c. 71, § 94,
and all other applicable laws and regulations including, but not limited to,
those related to English learners and students with disabilities and any
guidelines issued by the Department;
(c) to meet its enrollment projections
through demonstration of support for the proposed Commonwealth of Massachusetts
virtual school;
(d) to develop a
management structure and plan which enables the virtual school to achieve its
goals and mission, including information about proposed board members and the
selection, roles, and responsibilities of the board of trustees;
(e) to develop bylaws that govern the board
of trustees consistent with M.G.L. c. 71, § 94,
603 CMR
52.00, and guidelines issued by the
Department;
(f) to assure that
students will meet the same performance standards and assessment requirements
set by the Board for students in other public schools;
(g) to involve parents and guardians as
partners in the education of their children;
(h) to establish a method for tracking
student learning time that is acceptable to the Department or, if a waiver of
those requirements is requested, a rigorous competency based model;
(i) to develop an accountability plan that
meets criteria established by the Department, setting specific performance
objectives to measure the virtual school's progress and success in raising
student achievement, establishing a viable organization, and fulfilling the
terms of its certificate;
(j) to
administer its educational programs, school operations, and finances
effectively;
(k) to develop a
professional development plan for all online teachers, such professional
development shall be consistent with the Massachusetts Standards for
Professional Development;
(l) to develop an online learning experience
for enrolled students to better prepare them to be a successful online
learner;
(m) to establish a process
to provide to students, parents and guardians, the Board, other interested
parties, and the public all information required by law and regulation, as well
as to provide other information the Board may request;
(n) to perform a daily visual check-in for
students; and
(o) to provide
synchronous learning opportunities with teachers in which students are required
to participate and to share their knowledge.
If a certificate is granted, the drafts of documents submitted
during the application process are subject to Department review and approval
during the opening procedures process and must meet the additional requirements
in 603 CMR
52.04.
(4)
Granting of
Certificates. The Board shall grant certificates to boards of
trustees under M.G.L. c. 71 § 94, with such conditions as the Board
specifies.
(a) A certificate granted by the
Board shall be effective for three to five years, beginning July
1st of the first fiscal year in which the virtual
school enrolls students, unless revoked pursuant to M.G.L. c. 71 § 94 and
603
CMR 52.12. If no students are attending a
Commonwealth of Massachusetts virtual school within 19 months from the date the
certificate was granted, the certificate will be null and void, unless an
extension is granted by the Commissioner.
(b) Private and parochial schools shall not
be eligible for status as a Commonwealth of Massachusetts virtual school. If
members of an applicant group are on the governing board or management of a
private or parochial school that plans to close or closes around the time of
seeking a certificate, it creates a rebuttable presumption that the private or
parochial school seeks a certificate for the purpose of securing public
funding. To rebut this presumption, the applicant group must establish facts
sufficient for the Department to determine that funding is not the primary
reason they are seeking a certificate while the private or parochial school is
closing. In making a determination, the Department will compare the governance,
management, and other characteristics of the private or parochial school and
the governance, management, and other characteristics of the Commonwealth of
Massachusetts virtual school, including but not limited to curriculum, student
body, staff, leadership, location, and the financial plan for the virtual
school.
(5)
Conditions for Opening New Commonwealth of Massachusetts Virtual
Schools. Certificates shall be awarded subject to the conditions
listed in
603
CMR 52.04, and any additional conditions that
the Board or Department may specify. Upon receiving a certificate, the virtual
school must successfully complete the opening procedures process specified by
the Department. This process begins with the awarding of a new certificate by
the Board and ends in the following June when the virtual school submits a
draft Accountability Plan to the Department. Opening procedures requirements
include, but are not limited to, the following:
(a) the terms of the proposed contract, in
such cases where the virtual school's board of trustees intends to procure
substantially all educational services from another person or organization, the
board of trustees shall submit for the Commissioner's approval the terms of the
contract;
(b) approved
bylaws;
(c) attendance policy,
including but not limited to a daily visual check-in for students;
(d) criteria and procedures for suspension
and expulsion of students;
(e)
written documentation that criminal background checks have been performed as
required by state law for all employees and volunteers; and
(f) written documentation of the virtual
school's compliance with state and federal laws, including, but not limited to,
all fire, health, and safety laws and accessibility requirements for facilities
owned or leased by or for the virtual school.
(6)
Information for Distribution
of Public Funds. Upon receiving a certificate, a Commonwealth of
Massachusetts virtual school shall provide the Department with a federal tax
identification number issued solely to the virtual school, and banking
information regarding a bank account solely in the name of the virtual school,
as required by the State Treasurer for the transfer of public funds.
