Section 1.10 - Amendments of ChartersRequests to amend the material terms of a school's charter must be voted on by the board of trustees and approved by the Commissioner or the Board before change is implemented.
(1)Amendments Requiring Board Approval. If a charter school plans to change the terms of its charter, the school's board of trustees shall vote on and submit to the Board a request in writing to amend its charter. Changes requiring approval by the Board before they can be implemented include: (a) Districts specified in the school's charter;(d) Contractual relationships with an education management organization providing or planning to provide substantially all the school's educational services.(2)Amendments Requiring Commissioner Approval. If a charter school plans to change the terms of its charter, the school's board of trustees shall vote on and submit to the Commissioner a request in writing to amend its charter. Changes requiring approval by the Commissioner before they can be implemented include: (c) Governance or leadership structure;(d) Educational programs, curriculum models, or whole-school designs that are inconsistent with those specified in the school's charter;(f) Membership of the board of trustees;(g) Memoranda of Understanding for Horace Mann charter schools;(h) Schedule (length of school year, school week, or school day);(j) Enrollment policy and application for admission;(k) Expulsion policy; and(l) Location of facilities, if such change involves relocating to or adding a facility in another municipality or school district, in a district already specified in the school's charter.(3)Consideration of Amendment Requests. The Commissioner and the Board may consider a charter school's compliance with applicable state, federal, and local law and evidence regarding the three areas set forth in 603 CMR 1.11(2) in reaching a determination regarding a school's request to amend its charter.(4)Horace Mann Charter Schools. (a) Amendments by a Horace Mann charter school to its bylaws and members on its board of trustees shall be voted on by the school's board of trustees and the request submitted in writing to the Commissioner. Such changes require approval by the Commissioner before they can be implemented and do not require approval of the local collective bargaining unit and local school committee.(b) All other amendments, as described in 603 CMR 1.10(1) and (2), by Horace Mann I and III require the approval of the local collective bargaining unit and the local school committee prior to the submission of such requests to the Department. All other amendments by a Horace Mann II require approval of a majority of the school's faculty and the local school committee prior to the submission of such requests to the Department.(5)Comment. If a Commonwealth charter school seeks an amendment to change its maximum enrollment, grades served, the municipality or school district of its location, or the districts specified in its region, the school shall send a copy of its amendment materials to the superintendent of the school districts from which the school enrolls or is expected to enroll students and certify to the Department that it has done so. The Department will solicit and review comments on the amendment request from the superintendents of the affected districts.(6)Proven Provider. Boards of trustees seeking amendment requests to increase maximum enrollment in districts performing in the lowest 10% statewide, under M.G.L. c. 71, § 89, and in which the 9% net school spending cap is or would be exceeded, must meet the performance criteria described in 603 CMR 1.04(4).(7)More than 20%: In accordance with M.G.L. c. 71 § 89(n), if more than 20% of the school's total enrollment for two consecutive years comes from school districts not included in its original charter, the school's board of trustees must file an amendment request to reflect its actual enrollment patterns.(8)Review. Should the Commissioner deny an amendment request, the charter school's board of trustees may seek review of the Commissioner's decision by the Board.Amended, Mass Register Issue 1258, eff. 4/11/2014.