603 CMR, § 52.10 - Amendments of Certificates

(1) Amendment Requests. Requests to amend the material terms of a virtual school's certificate must be voted on by the board of trustees and approved by the Commissioner before the change is implemented.

(2) Amendments Requiring Commissioner Approval. If a Commonwealth of Massachusetts virtual school desires to change the terms of its certificate, the virtual school's board of trustees shall vote on and submit to the Commissioner a request in writing to amend its certificate. Changes requiring approval by the Commissioner before they can be implemented include all information specified as the Terms of Certificate. Changes requiring advance approval include, but are not limited to:

(a) School name;

(b) Membership of the board of trustees;

(c) Maximum enrollment;

(d) Grades served;

(e) Enrollment region;

(f) Mission, purpose, and special focus;

(g) Educational programs, instructional methodology, and services for students that are inconsistent with those specified in the virtual school's certificate;

(h) Governance or leadership structure;

(i) Bylaws;

(j) Schedule (length of school year, school week, or school day);

(k) Identity of software or curriculum providers;

(l) Contractual relationships with an individual or entity providing or planning to provide substantially all the virtual school's educational services;

(m) Support and storage of critical data;

(n) Accountability Plan;

(o) Enrollment policy and application for admission;

(p) Attendance policy;

(q) Expulsion policy; and

(r) Location of facilities, if such change involves relocating to or adding a facility in another municipality or school district.

(3) Consideration of Amendment Requests. The Commissioner may consider a Commonwealth of Massachusetts virtual school's compliance with applicable state, federal, and local law and the evidence the virtual school has provided regarding the areas set forth in 603 CMR 52.11(2) in reaching a determination regarding a virtual school's request to amend its certificate.

Notes

603 CMR, § 52.10

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