Current through Register 1527, August 2, 2024
Section 52.03 - General Provisions(1)Administrative Bulletins. The Board and the Department may issue advisories to interpret, implement, and provide guidance to Commonwealth of Massachusetts virtual schools.(2)Waivers. The Board may waive provisions of 603 CMR 52.00 for good cause. If an applicant or Commonwealth of Massachusetts virtual school board of trustees makes a written request for a waiver, the Board may waive the applicability of one or more provisions of 603 CMR 52.00. These waivers shall be granted only under circumstances the Board deems exceptional and such waivers shall be granted only to the extent allowed by law. All such requests from the applicant or a board of trustees must:(a) be in writing, signed by the waiver applicant;(b) specify the provisions of 603 CMR 52.00 to be waived, the duration of the waiver, circumstances to which the waiver applies, and the specific reason why a waiver is sought;(c) include a certification that the waiver applicant has made a good faith effort to comply with said provisions; and(d) be accompanied by supporting documentation considered sufficient by the Board to support the special circumstances or the need for relief.(3)Prohibitions. Commonwealth of Massachusetts virtual schools shall not charge students an application fee or tuition. Commonwealth of Massachusetts virtual schools shall not charge students any fee related to the provision of required educational programs. Commonwealth of Massachusetts virtual schools may not charge any public school for the use of their curriculum, subject to the restrictions contained in any contract between Commonwealth of Massachusetts virtual schools and any vendors. Private and parochial schools and for-profit entities may not apply for a certificate.(4)Immediate Closure. The Commissioner may order immediate closure of a Commonwealth of Massachusetts virtual school where the health, safety, or education of the virtual school's students is at risk. Additionally, the Commissioner may order immediate closure of a facility owned or leased by or for a Commonwealth of Massachusetts virtual school where fire, health, or safety codes, regulations, laws, or accessibility requirements are not met.Adopted, Mass Register Issue 1261, eff. 5/23/2014.Amended by Mass Register Issue 1500, eff. 7/21/2023.