603 CMR, § 52.06 - Board of Trustees and Staff

(1) Appointing Authority. For a CMVS 1, the Commissioner appoints the members of the boards of trustees, except to the extent such members may be appointed directly by the Board in the Terms of Certificate. For a CMVS 2, the school committee(s) of the district(s) or the member school committees of the collaborative that formed the CMVS 2, shall appoint the members of the board of trustees and inform the Commissioner of such appointments within ten days of appointment.

(2) Responsibilities of Board of Trustees . The board of trustees of a Commonwealth of Massachusetts virtual school holds the certificate of the virtual school and governs the virtual school. Every board of trustees shall have a least five members. Boards of trustees are state governmental bodies. Boards of trustees must fulfill their fiduciary responsibilities including, but not limited to, the duty of loyalty and duty of care, as well as the obligation to oversee the school's budget. Boards of trustees shall not exercise managerial powers over the day-to-day operations of the virtual school. Boards of trustees must ensure that virtual schools operate in accordance with their certificate, including any approved amendments. Boards of trustees must ensure that virtual schools operate in compliance with all applicable state and federal laws. The responsibilities of the board of trustees shall include, but are not limited to, the following:

(a) Successfully completing the opening procedures process as specified by the Department;

(b) Requesting the Commissioner's approval for appointment of a CMVS 1 trustee or informing the Commissioner of new CMVS 2 trustees;

(c) Submitting timely annual reports;

(d) Submitting timely annual independent audits;

(e) Hiring, evaluating, and removing, if necessary, qualified personnel to manage the school's day-to-day operations and holding these administrators accountable for meeting specified goals;

(f) Approving and monitoring progress towards meeting the goals of the school's Accountability Plan;

(g) Adopting and revising school policies;

(h) Responding to complaints in writing as required by 603 CMR 52.09; and

(i) Ensuring that members of the board receive an orientation and training regarding their duties and obligations as members of a board of trustees.

(3) Bylaws. The bylaws of every board of trustees must comply with state and federal laws and contain provisions including, but not limited to:

(a) Specific, reasonable limits on successive or total terms for members of the board of trustees;

(b) the exercise of due diligence in assessing the suitability of candidates for board membership with respect to potential conflicts of interest and areas of skills and expertise that will be of value to the board of trustees, such due diligence to occur prior to a vote by the board of trustees to request the Commissioner to appoint the proposed members;

(c) frequency of board meetings, which must occur at least quarterly;

(d) compliance with the Commonwealth's open meeting law in M.G.L. c. 30A, including meeting all training requirements; and

(e) compliance by members of the board of trustees with the Commonwealth's state ethics requirements, including meeting all training requirements, filing all required disclosures under M.G.L. c. 268A, and the filing of statements of financial interest under M.G.L. c. 268B.

(4) Board of Trustees Training. Every member of the board of trustees shall, within one year of appointment, complete orientation concerning the responsibilities of their office, as determined by the Department and any other training required by other state agencies in accordance with timelines established by those agencies.

(5) Teacher License. All teachers hired by Commonwealth of Massachusetts virtual schools must be licensed in Massachusetts in the areas in which they teach or teach under a waiver pursuant to M.G.L. c. 71, § 38G.

(6) Educator Evaluation. All educators must be evaluated consistent with 603 CMR 35.00: Evaluation of Educators promulgated by the Board and related guidance issued by the Department.

Notes

603 CMR, § 52.06

Adopted, Mass Register Issue 1261, eff. 5/23/2014. Amended by Mass Register Issue 1500, eff. 7/21/2023.