SENATE . . . . . . . . . . . . . . No. 2662
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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SENATE, March 28, 2024.
The committee on Education, to whom was referred the petitions (accompanied by bill, Senate, No. 292) of Patricia D. Jehlen, Joanne M. Comerford and Robyn K. Kennedy for legislation relative to the financial impact of charter schools; (accompanied by bill, Senate, No. 302) of Jason M. Lewis for legislation to strengthen the evaluation process for proposed new charter schools; (accompanied by bill, Senate, No. 304) of Jason M. Lewis for legislation relative to the net school spending cap; (accompanied by bill, Senate, No. 320) of Michael O. Moore and Adam Scanlon for legislation relative to local approval for charter schools; (accompanied by bill, Senate, No. 321) of Susan L. Moran, Vanna Howard and James B. Eldridge for legislation to ensure charter school transparency and public accountability; and (accompanied by bill, Senate, No. 352) of Bruce E. Tarr for legislation relative to ensure the integrity of charter schools, report the accompanying bill (Senate, No. 2662).
For the committee,
Jason M. Lewis
FILED ON: 2/7/2024
SENATE . . . . . . . . . . . . . . No. 2662
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to charter schools.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Paragraph (3) of subsection (i) of section 89 of chapter 71, as appearing in the 2022 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraphs:-
If a district is no longer in the lowest 10 per cent, the net school spending cap shall be 9 per cent, unless the district net school spending was above 9 per cent in the year prior to moving out of the lowest 10 per cent in which case the net school spending cap shall remain at the actual spending level plus enrollment previously approved by the board; provided, that for the purposes of a regional charter school, enrollment previously approved by the board shall mean the actual enrollment of students from a district as a portion of the total enrollment previously approved by the board for the regional charter school. The department shall determine and make available to the public a list of the school districts in said lowest 10 per cent.
The department shall not approve any additional seats for charter schools that originate from a sending district that moved out of the lowest 10 per cent if the net school spending cap of the sending district was above 9 per cent at the time that the sending school district moved out of the lowest 10 per cent, provided that any district costs related to seats previously approved in contradiction to this paragraph shall be borne by the department.
The department shall provide the total tuition amount owed by the sending district calculated for each enrolled charter school student from a district that is no longer in the lowest 10 per cent who was permitted to enroll notwithstanding the net school spending cap. The department shall not require a charter school or the district to reimburse the department for said tuition amount. The state treasurer shall not deduct the tuition amount from the district’s state school aid, as defined in section 2 of chapter 70 of the General Laws.
SECTION 2. Subsection (j) of said section 89 of said chapter 71, as so appearing, is hereby amended by striking the first paragraph and inserting in place thereof the following paragraph:-
The board shall make the final determination on granting charter school status and may condition charters on the applicant's taking certain actions or maintaining certain conditions. The board shall establish criteria for the approval of a charter application and recommendations to the board shall be based upon and reference those criteria. Criteria shall, to the extent possible, include, but not be limited to, (i) the projected impact on enrollment to the sending district or districts and (ii) the projected financial impact to the sending district or districts.
SECTION 3. Subsection (dd) of said section 89 of said chapter 71, as so appearing, is hereby amended by adding the following paragraph:-
The decision by the board to renew a charter shall be based upon the presentation of affirmative evidence regarding the faithfulness of the school to the terms of its charter. The presentation of affirmative evidence shall be made available to the public by the board at least 30 days prior to the vote to renew a school’s charter. Further, the board shall solicit public comment for a period of at least 30 days prior to the board’s vote to renew a school’s charter. The board shall review all material submitted in support of or in opposition to the charter renewal prior to a renewal vote.