603 CMR, § 52.12 - Conditions, Probation, Suspension, Revocation, and Non-renewal

(1) Conditions. The Board or Commissioner may impose conditions on a virtual school's certificate for violations of law, failure to improve student achievement, failure to comply with the terms of the virtual school's certificate, or failure to remain viable.

(2) Probation. The Board may place a Commonwealth of Massachusetts virtual school on probation if in its judgment the imposition of a condition alone would be insufficient to remediate the problem. The Board may impose conditions on the virtual school's certificate that require the virtual school to address specific areas of concern. Placing a virtual school on probation signals concern about the virtual school's viability and permits the Board to suspend a virtual school's certificate immediately if the virtual school fails to remedy the causes of its probation. The Department may require a virtual school on probation to establish an escrow account in an amount determined by the Department in consultation with the virtual school to pay for closing, legal, and audit expenses associated with closure should that occur.

(3) Suspension or Revocation. The Board may suspend or revoke a certificate for cause including, but not limited to:

(a) lack of evidence of academic success;

(b) failure to comply substantially with the terms of the certificate; with any of the applicable provisions of M.G.L. c. 71, § 94; or with any other applicable law or regulation;

(c) a material misrepresentation in the application for approval or renewal of the certificate;

(d) financial insolvency;

(e) misappropriation, conversion, mismanagement, or illegal withholding of funds or refusal to pay any funds that belong to any person otherwise entitled thereto and that have been entrusted to the virtual school or its administrators in their fiduciary capacities;

(f) fraud or gross mismanagement on the part of school administrators or board of trustees, including but not limited to, mismanagement of the educational program and failure to provide a healthy and safe environment for students;

(g) criminal convictions on the part of the school's administration or members of its board of trustees; or

(h) failure to fulfill any conditions imposed by the Board in connection with the grant or renewal of a certificate.

(4) Notification. Upon a Board vote to suspend a certificate, a vote of intent to revoke a certificate with that revocation effective as of a specified date, or a vote to not renew a certificate, the Commissioner shall notify the virtual school in writing of the Board's vote. A vote to suspend, a vote of intent to revoke, or a vote to not renew a certificate shall operate as a notice of the action and does not operate as an order to show cause. Except in the case of a suspension, the Commissioner shall send the notice 60 days before the revocation takes effect.

(5) Hearing. Upon receiving a notice of intent to revoke a certificate, notice of non-renewal, or notice of suspension where the health, safety, or education of the virtual school's students is at immediate risk, the virtual school shall have the rights provided in M.G.L. c. 30A, § 13, and 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure. Where hearings are provided by statute, all requests for hearings shall be in writing, addressed to the Board, and must be received within 15 days of receipt by the virtual school of notice. At such hearing, the virtual school shall bear the burden of proof and present its case first.

(6) Withhold Payments. The Board may withhold payments to any Commonwealth of Massachusetts virtual school that fails to comply with conditions imposed on its certificate; that has been placed on probation; or whose certificate has been suspended, revoked, or not renewed.

(7) Closing Procedures. A Commonwealth of Massachusetts virtual school must comply with the closing procedures established by the Department. Virtual schools must begin planning for closure and compliance with closing procedures immediately upon issuance of a notice of intent to revoke the virtual school's certificate, a notice of non-renewal, or a notice of suspension.

(8) Property. Upon the revocation, non-renewal, or voluntary return of the certificate of a Commonwealth of Massachusetts virtual school, title to all of the property of the virtual school shall immediately vest in the Commonwealth, subject to the rights of any secured party holding a perfected security interest in the property of such school. Any funds remaining after the satisfaction of the virtual school's obligations shall be deposited in the General Fund.

Notes

603 CMR, § 52.12

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