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LAW |
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Year Passed |
1993; last amended in 2003.
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Rank |
18th strongest of the nation's 40 charter laws. |
|
Grade |
C |
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GENERAL DATA |
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• Numerous enrollment restrictions on growth yield thousands on waiting lists
• State board authorizer consistently approves strong schools
• Impact aid requirement provides disincentives to districts to approve charters |
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MULTIPLE AUTHORIZERS - NO |
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Approval |
The State Board of Education authorizes two types of charter schools: Commonwealth charters are those approved directly by the state board; Horace Mann charters are normally conversion schools approved by the school board and teachers union before state approval. |
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Appeal |
None. |
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NUMBER OF SCHOOLS ALLOWED |
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Cap |
Yes. Three types of caps:
(1) 72 Commonwealth charters and 48 Horace Mann charters allowed. State must approve 3 new charter schools in struggling districts.
(2) 4 percent cap on the total number of students attending Commonwealth charters.
(3) 9 percent cap on the total district spending for Commonwealth charters. |
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OPERATIONAL AUTONOMY |
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State |
Yes. There is no blanket waiver but the law gives schools a wide range of autonomy. Virtual schools not permitted. Management contracts with ESPs are not restricted. |
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Local |
Yes. Commonwealth charters are free from district rules governing operations and funding. Horace Mann schools get their oversight and budgets from the district. |
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Teacher Freedom |
Yes for Commonwealth charters. Teachers not covered by district bargaining agreement. No for Horace Mann charters. A charter school must recognize a teachers union as the exclusive collective bargaining unit for all teachers if 60 percent of teachers are members of that unit. Charter schools must participate in the state's retirement system. |
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EQUITY |
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Student Funding |
• 100 percent of state and district operations funding is required to follow the student, but the formula created reflects only the average per pupil cost of each district where the charter school receives students.
• Impact aid reimbursements "reward" districts that lose students -- 100 percent in the first year, 60 percent the next year, and 40 percent the following year.
• Funds pass from state to school, minus deductions from state aid to affected districts.
• Average per pupil revenue - $9,713
"The commonwealth shall pay a tuition amount to the charter school, which shall be the sum of the tuition amounts calculated separately for each district sending students to the charter school. Tuition amounts for each sending district shall be calculated by the department of education using the formula set forth herein, to reflect, as much as practicable, the actual per pupil spending amount that would be expended in the district if the students attended the district schools." [MA Gen Law 89(nn)] |
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Facilities Funding |
Yes. Charters receive a per pupil capital needs allowance, which was $893 per pupil in FY 2009. [MA Gen Law 89(nn)] |
