Massachusetts

Massachusetts law contains the following caps on charter school growth:
(1) 120 charter schools statewide are permitted, with 72 reserved for commonwealth charter schools and 48 reserved for Horace Mann charter schools.
(2) Not less than two of the new charters approved by the state board of education in any year shall be granted for charter schools located in districts where overall student performance on the statewide assessment system is in the lowest 10 percent statewide in the two years preceding the charter application.
(3) In any fiscal year, no school district's total charter school tuition payment to commonwealth charter schools shall exceed nine percent of said district's net school spending. However, in the districts performing in the lowest 10 percent statewide, this percentage is 18 percent between Fiscal Year 2011 and Fiscal Year 2017, with any new charters above the previous cap of nine percent reserved for the replication of high performing schools these districts. The law provides that the schools authorized above the previous cap of nine percent don’t count toward the cap of 72 commonwealth charter schools.
(4) The state board of education shall not approve a new commonwealth charter school in any community with a population of less than 30,000 unless it is a regional charter school. In any year, the state board of education shall approve only one regional charter school application of any commonwealth charter school located in a school district where overall student performance on the statewide assessment system is in the top 10 percent in the year preceding charter application.

There are currently 78 charter schools open in Massachusetts - 72 commonwealth charter schools and six Horace Mann charter schools. However, the state's cap on a school district's total charter school tuition payment to commonwealth charter schools in the districts performing in the lowest 10 percent statewide is a constraint on growth in many school districts in the state (including Boston).

Massachusetts law allows new start-ups and public school conversions.

Massachusetts provides only a single authorizer option in the state board of education.

Massachusetts law requires the state commissioner of education to collect data on the racial, ethnic, and socio-economic make-up of the student enrollment of each charter school in the commonwealth and the number of students enrolled in each charter school who have individual education plans and those requiring English language learners programs. It also requires the state commissioner of education to file such data annually with the clerks of the house and senate and with the joint committee on education, arts, and humanities not later than December 1.
While the law does not require the legislature and governor to regularly review the performance of the state board of education as an authorizer, they can do so at any time. In addition, the ability of the state board of education to continue authorizing can be removed by the legislature and governor (the entities that gave it that authority).

Massachusetts law includes a small number of the model law's provisions for adequate authorizer funding. State ethics laws preclude a charter school from being required to purchase services from the state department of education. Because the authorizer resides within the state department of education, its funding is contained within the overall funding of the department. The funding levels for the authorizer are steady or shrinking while the number of schools continues to grow.

Massachusetts law contains application elements for all schools and additional application elements specific to conversion schools. The law also contains additional requirements for applications submitted by proven providers (i.e., successful charter school operators) that want to replicate their models.
According to Massachusetts law, if the charter school intends to procure substantially all educational services under contract with another person, the terms of such a contract must be approved by the board either as part of the original charter or by way of an amendment thereto.

The state department of education issues applications, including all requirements and approval criteria, for the state.

Massachusetts law and regulation require an in-person interview and a public hearing for each charter application.

Massachusetts law provides that only charter applications that have been recommended by the state commissioner of education go to the public meeting of the state board and that all founding groups receive letters if they are denied with reasons.

Massachusetts does not have a performance contract per se. However, because the state has a single authorizer in the state board of education, the Charter School Performance Criteria issued by the state department of education and the Accountability Plan executed by the governing board of the charter school and the authorizer (as specified in regulation) fully define the roles, powers, and responsibilities for the school and the authorizer and the academic and operation performance expectations by which the school will be judged.
Massachusetts law provides that charter contract terms are for five years.

Massachusetts regulations allow the state department of education to send evaluation teams to visit each charter school on an annual basis to corroborate and augment the information provided in the school’s annual report in accordance with guidelines issued by the department. State regulations also allow site visit teams to gather any other evidence relevant to the school's performance and provide that the written reports from these site visits become part of the charter school's record, along with any written addendum that the school wishes to submit in response to a report.
Massachusetts regulations require a charter school to submit to the state board of education and the local school committee and make available to every parent or guardian of its enrolled students and to every parent or guardian who expresses interest in enrolling in that charter school, an annual report.

Massachusetts regulations require each charter school to have an independent audit conducted of its accounts, consistent with generally accepted auditing principles, and consistent with any guidelines the state department of education may issue. Regulations require charter schools to file audits annually and file a Charter School End-of-Year Financial Report which is similar to that filed by traditional districts.

Massachusetts regulations require that a charter school is responsible for filing any data reports or school returns as required under public school law and regulations, in accordance with guidelines published by the state department of education.

According to Massachusetts regulations, as required by the state department of education, a charter school must submit written documentation that the school remains in compliance with all building, health, safety, and insurance requirements established as conditions for charter granting and that all related inspections and approvals are current.

Massachusetts regulations require a charter school to notify the state department of education in writing immediately of any change in circumstances that may have a significant impact on a charter school's ability to fulfill its goals or mission as stated in its charter. Within 30 days after receiving such notice, regulations require the state commissioner of education to determine whether any remedial action is required and to recommend such action, if necessary, to the state board of education. Regulations provide that such actions may include suspension or revocation of the charter or placing the charter school on probation.

According to Massachusetts regulations, at the discretion of the state board of education, charter schools may be required to submit additional information other than that specifically required by regulation.

Massachusetts regulations allow the state board of education to place a charter school on probation, rather than revoke its charter, in order to allow for the implementation of a remedial plan approved by the board. If after 60 days, or such longer period as the board may specify, said plan is unsuccessful in remedying the problem or alleviating the causes of the probation, regulations allow the board to summarily revoke the charter.

Massachusetts regulations allow the state department of education to impose certain conditions on a school's charter for violations of law or failure to comply with the terms of the school's charter.

Massachusetts regulations allow the state board of education to withhold payments to any charter school placed on probation or whose charter has been suspended, revoked, or not renewed or that has failed to comply with conditions imposed by law or regulation.

Massachusetts regulations require that charter schools seeking renewal apply for it under renewal application guidelines established by the state board of education. Regulations also require that applications for the renewal of Horace Mann charters must be submitted with the approval of the local teachers' union and the local school committee.
Massachusetts regulations provides that the renewals of high-performing charter schools are delegated to the state commissioner of education. The state commissioner of education must declare which schools he plans to invoke delegation for. The state board of education may choose to bring the school in front of the board for a vote instead.

Massachusetts regulations require the state department of education to issue guidelines describing the evaluation process to be followed in reviewing applications for charter renewal, including protocols for renewal inspections. Regulations require that the decision by the state board of education to renew a charter must be based upon the presentation of affirmative evidence regarding the success of the school's academic program; the viability of the school as an organization; and the faithfulness of the school to the terms of its charter. Regulations require the state department to gather evidence regarding these issues from the renewal application and from other information, including but not limited to, a school's annual reports, financial audits, test results, site visit reports, and renewal inspection. Regulations provide that all charter schools must be evaluated on the same performance criteria as provided in the guidelines, provided, however, that the criteria take into account each school's charter and accountability plan.

Massachusetts regulations provide that the state board may suspend or revoke a charter for cause, including but not limited to: a material misrepresentation in the application for approval of the charter; failure to comply substantially with the terms of the charter, with any of the applicable provisions in state law, or with any other applicable law or regulation; financial insolvency; 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 charter school or its administrators in their fiduciary capacities; fraud or gross mismanagement on the part of charter school administrators or Board of Trustees; criminal convictions on the part of the charter school or its Board of Trustees; or failure to fulfill any conditions imposed by the state board in connection with the grant of a charter.

Massachusetts regulations require that charters that are renewed must be for five years from the expiration of the previous charter under such conditions as the state board may establish under regulation. The law does not provide authorizers with the authority to vary length of charter renewal contract terms based on performance or other issues.

Massachusetts regulations require the state board to provide charter schools with timely notification of potential revocation or non-renewal and reasonable time to respond and to provide charter schools with due process for nonrenewal and revocation.

Massachusetts regulations contain the following closure provisions:

• Charter schools must comply with the closing procedures established by the state department.
• Upon the revocation, non-renewal, or voluntary return of a commonwealth charter, title to all of the property of the charter 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 charter school. Any funds remaining after the satisfaction of the charter school's obligations shall be deposited in the General Fund. This regulation shall not apply to the extent the charter school or any other interested party demonstrates that charter school property was purchased solely by, or solely with funds paid to the school by, persons or entities other than the Commonwealth, in which case ownership of the property shall be transferred to such persons or entities, unless otherwise voted by the Board of Trustees.
• Upon the revocation, non-renewal, or voluntary return of a Horace Mann charter, title to all of the property of the charter school shall immediately vest in the school district in which the school is located, subject to the rights of any secured party holding a perfected security interest in the property of such charter school. This regulation shall not apply to the extent the charter school or any other interested party demonstrates that charter school property was purchased solely by, or solely with funds paid to the school by, persons or entities other than the district or Commonwealth, in which case ownership of the property shall be transferred to such persons or entities, unless otherwise voted by the Board of Trustees.

Massachusetts law allows all types of educational service providers, requires contracts between boards and providers, and has provisions regarding conflicts of interest.
The law requires applications submitted by proven providers (i.e., successful charter operators) to demonstrate the performance of their successful schools they propose to replicate, including academic and operational performance, and board capacity to operate additional schools.

The law provides that a charter school has to ensure that any adult that comes in contact with students, where they are an employee of the school or not, has a background check.

Massachusetts law provides requirements for fiscally and legally autonomous schools with independent charter school boards.

Massachusetts law requires charter schools to provide open enrollment to any student in the state. However, the law provides that preference for enrollment in a commonwealth charter school must be given to students who reside in the city or town in which the charter school is located or the region the school serves if it is chartered to be regional.
According to the law, charter schools cannot discriminate on the basis of race, color, national origin, creed, sex, gender identity, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need, proficiency in the English language or academic achievement.

The law provides that preference must be given to prior year students within chartered schools and siblings of students currently attending the charter school.

The law provides that priority for enrollment in a Horace Mann charter school must be given first to students actually enrolled in said school on the date that the application is filed with the state board of education and to their siblings and second to other students actually enrolled in the public schools of the district where the Horace Mann charter school is to be located and third to other resident students.

Massachusetts law requires charter schools to hold lotteries if too many students seek enrollment in the school.

Massachusetts law provides that charter schools must operate in accordance with the provisions of law regulating other public schools, although the following provisions of state law do not apply to commonwealth charter schools: “Section 41. Tenure of teachers and superintendents; persons entitled to professional teacher status; dismissal; review” and “Section 42: Dismissal or demotion of teachers or other employees of school or school district; arbitration.”
For commonwealth charter schools, the law provides that teachers do not have to be certified but need to pass the state teacher test within one year of employment. For Horace Mann charter schools, the law requires charter teachers to be certified.

Massachusetts state statute requires collective bargaining for non-charter public school teachers. Collective bargaining must address nine topics: wages, insurance or fringe benefits, pension or retirement benefits, hours, terms and conditions of employment, class load or size, leave, layoffs, and evaluation processes or instruments. In addition, management rights, transfers and reassignments, and grievance procedures may be bargained. No topics are expressly excluded from collective bargaining. State law does not require teachers in Commonwealth charter schools to be part of district collective bargaining agreements, though they may choose to collectively bargain. Horace Mann charter teachers remain bound by school district collective bargaining agreements to the extent provided by the terms of their charters.
Prior to the Supreme Court’s ruling in Janus v. AFSCME, Massachusetts allowed mandatory agency fees. The Supreme Court decision renders that state law unconstitutional. There has not been any reactive legislation enacted.
A public employer in Massachusetts may directly certify an exclusive representative if it receives written evidence that the labor organization has the support of a majority of employees. If the certification is disputed, the employer or employees can petition the Massachusetts Labor Relations Commission (MLRC) to investigate and hold a hearing, after which the MLRC may deem it necessary to hold an election or establish another method of assessing employees’ wishes. No specific provision governs what entities are listed on an election ballot. An election may not be held within a year of an election or during the term of an active collective bargaining agreement.

Massachusetts law allows the state board of education to approve applications for replication schools received from those with a record of operating at least one school or similar program with demonstrated academic success and organizational viability, with independent fiscal and academic accountability for each school.

Massachusetts law is silent about charter eligibility and access.

Massachusetts law provides that charter schools must comply with the state’s special education statutes provided, however, that the fiscal responsibility of any special needs student currently enrolled in or determined to require a private day or residential school shall remain with the school district where the student resides.
Massachusetts laws and regulation provide equal access to all applicable categorical federal and state funding, and clear guidance on the pass-through of such funds, including for charter schools that are significantly expanding.

It also provides that if a charter school expects that a special needs student currently enrolled in the charter school may be in need of the services of a private day or residential school, the school must convene an individual education plan team meeting for said student that includes representatives from the sending district.

Massachusetts law provides that charter schools are funded by tuition charges assessed against the school districts where the students reside. The state provides partial reimbursement to the sending districts for the tuition costs incurred.
Massachusetts laws and regulation provide equal access to all applicable categorical federal and state funding, and clear guidance on the pass-through of such funds, including for charter schools that are significantly expanding.

Massachusetts law requires school districts to provide transportation to charter school students on the same basis as it is provided to regular public school students in the district. In providing such transportation, the law requires districts to accommodate the particular school year and school day of the charter school, in accordance with state law. If a district and a charter school cannot reach agreement about the service to be provided, and if the charter school finds an alternative that costs the same as or less than the average cost of transportation per student in the district, the law allows the charter school to provide its own transportation services to students eligible for transportation. In such cases, the law provides that the costs for such services will be deducted from a district's account on a quarterly basis, based on estimated and actual expenditures for transportation.

Comparable district and charter school financial reports are published on the state department of education’s website.
In a national study of charter school funding (University of Arkansas, Charter School Funding: Inequity Persists, 2014), Massachusetts charter schools were receiving on average $12,861 per pupil in public funds, while traditional public schools would have received $17,555 for those students. As a result, the state's charter schools were receiving $4,694 per pupil - or 26.7% - less than what the traditional public schools would have received for those students. This figure includes all sources of funding, and analysis reveals some continued inequities for operational, but the significant inequities exist for capital funding (see component #19 for information on capital issues).

Massachusetts law requires the state department of education to provide, subject to appropriation, funding to charter schools for a portion of the per pupil capital needs component included in the charter tuition amount. The per-pupil capital needs component is $938.
Massachusetts law allows charter schools to access tax-exempt bond financing for capital projects through the Massachusetts Development Finance Agency.
While not created in statute, the Massachusetts Development Finance Agency provides loan guarantees for charter facilities projects.

Massachusetts law requires charter schools to participate in the Massachusetts Teacher Retirement System. However, other school staff are prevented from participating in state retirement systems.

Massachusetts law does not allow full-time virtual charter schools.