52.05(13) Establishing School District Enrollment Four commenters recommend allowing the establishing district(s) or education collaborative districts to offer full-time and individual course enrollments for free or at least at a discount to students from the sponsoring district(s) or education collaborative. We have revised the regulation to remove the provision requiring the establishing district to pay the same fee. Allowable discounts will be outlined in guidance and defined in the Terms of the Certificate. 52.05(14) Online Learning Experience Concern that this conflicts with 52.05(5) and may impact ability to identify students from target group(s). This provision requiring the virtual school to assess students with respect to potential success in online learning is quite important. It is not in a student’s interest to enroll if the student has a high risk for failure in this virtual education medium. But other rules conflict with this important proposed rule that no assessment can be used to make enrollment decisions and a rule saying there can be no in acceptance, even with target groups. Recommend adding a provision to ensure the student cannot be counseled out. The proposed regulation does not allow the school to refuse to enroll or to unenroll students based upon “potential success in online learning experiences”; rather, the virtual school must provide supports to alleviate the learning gaps before giving the student significant coursework. This assessment occurs after the student is enrolled.
52.05(15) Educational Concern if the school is required to provide internet access and the student lives in an area without adequate internet or requires a significant upfront fee to get internet service. Can the regulations include a provision to require a student to have transportation to a facility with computer access? A virtual school will need a higher funding rate to accommodate this. Recommend that the virtual school shall provide such technology and materials free of charge to students who are eligible for free and reduced-price lunch and do not have computer equipment. Public schools, including Commonwealth of Mass. Virtual Schools, must provide, at public expense, textbooks and instructional materials and supplies intended for use and re-use over a period of years. G.L. c. 71, § 48. This requirement exists irrespective of family income. The Department will provide further guidance. 52.06: Board of Trustees and Staff 52.06(1) Responsibilities of Board of Trustees Recommend adding language to identify similarity to public school committees and explicitly mentioning they are considered a government body or instrumentality. Recommend adding language about boards of trustees fulfilling their fiduciary responsibilities. Boards of trustees are different from school committees and are governed by G.L. c. 71, § 94. We have revised the regulation by adding language to differentiate how members are appointed for statewide virtual schools versus one serving a specific group of school districts. We have also revised the regulation to address the fiduciary responsibilities of boards of trustees.
52.08(10) Additional Information and Reports Concern about costs of additional reports and information, and virtual schools are funded below traditional schools that have fewer reporting requirements. The statute gives the Board authority to promulgate regulations to implement and enforce the statute. G.L. c. 71, § 94(r). The statute also authorizes the Board, in consultation with the Operational Services Division, to set tuition amounts; the Board may increase tuition if additional reporting requirements justify the need. This provision helps ensure the Department receives sufficient information and that virtual schools provide high quality programs. 52.10: Amendments of Certificates 52.10(2) Amendments Requiring Commissioner Approval Recommend grammatical change to include the preposition “to”. We have revised the regulation. 52.11: Renewal of Certificates 52.11(2) Renewal Guidelines Concern that “evidence of academic success for all students is essential for renewal” is too broad. Should include more focus on annual goals and serving targeted groups. The statute states virtual school students “shall be required to meet the same academic standards, testing and portfolio requirements set by the Board for students in other public schools.” G.L. c. 71, § 94(g). While annual goals and serving targeted groups will be taken into consideration, a virtual school must meet the same academic standards as all public schools in the Commonwealth. 52.12: Conditions, Probation, Suspension, Revocation, and Non-Renewal