|
LAW |
|
Year Passed |
1993; last amended in 2010.
|
|
Rank |
17th strongest of the nation's 41 charter laws. |
|
Grade |
C |
|
GENERAL DATA |
|
|
• Two of the state enrollment restrictions were eliminated or increased in early 2010, but some operational
autonomy was lost in negotiations
• State board authorizer consistently approves strong schools
• Impact aid requirement provides disincentives for districts to approve charters |
|
INDEPENDENT OR MULTIPLE AUTHORIZERS - NO |
|
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. |
|
Appeal |
None. |
|
NUMBER OF SCHOOLS ALLOWED |
|
Cap |
Yes. Two types of caps. 72 Commonwealth charters and 48 Horace Mann
charters allowed. 9 percent cap on the total district spending for
Commonwealth charters. In the lowest-scoring districts, this cap is increased
to 12 percent and then incrementally by 1 percent each year until the cap
reaches 18 percent. |
|
OPERATIONAL AUTONOMY |
|
State |
Yes. There is no blanket waiver but the law gives schools a wide range of
autonomy. New restrictions mandating enrollment percentages for certain
student categories (ELL, at-risk, etc.) and new rules on funding reserves.
Virtual schools not allowed.Management contracts with ESPs are not
restricted. |
|
Local |
Yes. Commonwealth charters are free from district rules governing
operations and funding. Horace Mann schools get their oversight and
budgets from the district. |
|
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. |
|
EQUITY |
|
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.
"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)] |
|
Facilities Funding |
Yes. Charters receive a per pupil capital needs allowance, which was $893 per pupil in FY 2009. [MA Gen Law 89(nn)] |
