The Massachusetts Board of Elementary and Secondary Education

Delegation of Authority to Commissioner to take Necessary Action between Board Meetings and to Approve Proposed Contracts with Education Management Organizations for Dudley Street Neighborhood Charter School and Roxbury Preparatory Charter School

The Board of Elementary and Secondary Education's (Board) next regular meeting is scheduled for September 24, 2019. During the three-month hiatus, matters could arise that require Board action and that are not covered by the Board's previous delegations of authority (e.g., the Board has delegated grant approvals and certain charter school matters to the Commissioner). In a compelling situation, we would convene a special meeting of the Board. To deal with other situations, the Board may delegate authority to the Commissioner, in accordance with G.L. c. 15, §1F, paragraph 3, which reads as follows:

General delegation of authority to take necessary action between meetings

I recommend that the Board vote to authorize the Commissioner to act on its behalf in approving any matters that are not otherwise covered by the Board's previous delegations of authority and that require Board action between June 25, 2019 and the next regular meeting of the Board in September 2019; provided that the Commissioner shall notify Board members in advance of any such action and shall report to the Board on any matters that have been so approved.

Specific delegation of authority to take necessary action on two contracts

In addition, I recommend that the Board vote to authorize the Commissioner to approve the contracts of Dudley Street Neighborhood Charter School (DSNCS) and Roxbury Preparatory Charter School (RPCS), upon satisfactory completion of my review. Under the charter school statute, G.L. c. 71, § 89(k)(5), the Board approves contracts between charter schools and the entities from which they intend to procure substantially all education services. Both schools are in the initial stages of developing or revising their education services contracts and each school plans to complete that work over the summer. In similar situations involving other charter schools in previous years, the Board has voted to delegate the approval of such contracts to the Commissioner.

Prior to approval, the Department of Elementary and Secondary Education (Department) reviews the technical and legal aspects of the proposed management contracts and may require or recommend changes as appropriate. The contracts must include a delineation of the roles and responsibilities of the education management organization and the school; a description of how the board of trustees of the charter school will monitor the academic performance and fiscal activity of the school; performance evaluation measures, including those for student academic performance; the total fee paid for management services; a description of the payment structure; delineation of authority over hiring and firing; and the conditions and procedures for the contract's renewal and termination.

Once provisional approval is granted by the Department, the board of trustees for each of these charter schools then votes to approve the contract, and to submit an executed contract to the Department for final approval by the Board or by the Commissioner if authorized by the Board. In addition, the board of trustees of DSNCS, a Horace Mann charter school, also must obtain approval of the local teachers union and the school committee for the new contract pursuant to G.L. c. 71, § 89(c) and (i)(1), and 603 CMR 1.10(4). As in previous years, I recommend that the Board vote to authorize me to approve the contracts upon satisfactory completion of my review.

Enclosed is a motion incorporating both delegations of authority to the Commissioner. If you have any questions, please contact me.