Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 52.00 - Commonwealth of Massachusetts Virtual Schools › Section 52.05 - Student Recruitment, Enrollment, and Retention

Current through Register 1525, July 5, 2024
(1)
Statewide Cap
.
			 The Board will use the October SIMS data to determine if the number of
			 full-time students allowed to attend a Commonwealth of Massachusetts virtual
			 school is above the 2% cap. Once the 2% cap is reached, no additional full-time
			 enrollments will be allowed.
(2)
Student Recruitment and Retention
. A Commonwealth of
			 Massachusetts virtual school must develop a deliberate, specific steps to
			 attract, to enroll, and to retain any target populations specified in the
			 certificate and to ensure the provision of equal educational opportunity for
			 all students in similar grades in public schools across the Commonwealth. The
			 virtual school shall not, however, restrict enrollment to target
			 populations.
(3)
Non-discrimination
. Commonwealth of Massachusetts
			 virtual schools shall not 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 a foreign language, or prior academic
			 achievement. For purposes of
			 603
			 CMR 52.05, gender identity shall mean a
			 person's gender-related identity, appearance or behavior, whether or not that
			 gender-related identity, appearance or behavior is different from that
			 traditionally associated with the person's physiology or assigned sex at birth.
			 Gender-related identity may be shown by providing evidence including, but not
			 limited to, medical history, care or treatment of the gender-related identity,
			 consistent and uniform assertion of the gender-related identity, or any other
			 evidence that the gender-related identity is sincerely held as part of a
			 person's core identity; provided, however, that gender-related identity shall
			 not be asserted for any improper purpose.
(4)
Application
			 Deadlines
. Virtual schools may have a rolling admissions process
			 but shall give reasonable public notice, of at least one month, of all
			 application deadlines.
(5)
Enrollment Conditions
. Except for unemancipated
			 students whose parent or guardian is a member of the armed forces of the United
			 States, to the extent specified in M.G.L. c. 71, § 94 (u), students shall
			 not enroll as a full-time student while attending another school. Eligibility
			 for enrollment shall be consistent with the virtual school's grade levels.
			 Virtual school shall not administer tests to potential applicants or predicate
			 enrollment on results from any test of ability or achievement. A virtual school
			 shall not use attendance at informational meetings and interviews to
			 discriminate against applicants. A virtual school shall not use financial or
			 technology incentives to recruit students.
Unemancipated students who live outside of Massachusetts and
				whose parent or guardian is a member of the armed forces may seek admission to
				a CMVS if they provide evidence of military orders that the parent or guardian
				will be stationed in Massachusetts during the current or following school year.
				Additionally, such students shall use an address consistent with G.L. c. 71,
				§ 6B(b). Alternatively, if a student was last enrolled in grades 9 through
				12 in Massachusetts and their parent or guardian was deployed or received a
				military transfer to a location outside of Massachusetts, such student must
				provide evidence of military orders and of the grade and dates that they
				attended in Massachusetts.
(6)
Enrollment
			 Process
. Commonwealth of Massachusetts virtual school will
			 conclude its principal enrollment process for the upcoming school year no later
			 than May 1st. In conformance with M.G.L. c. 71,
			 § 94, enrollment in Commonwealth of Massachusetts virtual schools shall be
			 conducted as follows:
(a) In such cases where
			 there are fewer spaces than eligible applicants, students shall be accepted for
			 admission from among applicants by a lottery process.
(b) Notwithstanding the provisions of
			 603
			 CMR 52.05(6), a virtual
			 school shall provide enrollment preferences for those categories of students
			 specified in the Terms of Certificate for the virtual school.
(c) Commonwealth of Massachusetts virtual
			 schools shall place names of students not selected in an enrollment lottery on
			 a waitlist or in a wait pool. When a student stops attending for any reason,
			 the virtual school shall attempt to fill that vacancy.