The Massachusetts Board of Elementary and Secondary Education

Draft Legislative Proposal on Virtual Schools - May 13, 2011

SECTION 1. Section 89 of chapter 71 of the general laws, as amended by section 7 of chapter 12 of the acts of 2010, is hereby further amended by adding the following paragraph at the end thereof:-
(nn) Nothing contained in this section shall prohibit the board from awarding a commonwealth charter or a Horace Mann charter for the establishment of a virtual school that provides instruction to students through distance learning, including online learning programs and courses, subject to regulations adopted by said board. The board may in said regulations modify or waive any requirements of section 89 of chapter 71 as needed to allow for the operation of a virtual school.

SECTION 2. Section 92 of chapter 71 of the general laws, as inserted by section 8 of chapter 12 of the acts of 2010, is hereby amended by deleting paragraph (e) and inserting in place thereof the following paragraph:-
(e) Nothing in this section shall be construed to prohibit: (i) the establishment of an Innovation School as an academy within an existing public school; (ii) the establishment of an Innovation School serving students from 2 or more school districts; provided, however, that all of the provisions of this section are met by each school district; or (iii) the simultaneous establishment of 2 or more Innovation Schools as an Innovation Schools Zone within a school district.

SECTION 3. (a) Notwithstanding paragraph (nn) of section 89 of chapter 71, the board of elementary and secondary education shall grant not more than 3 charters for virtual schools to operate in the 2012-13 school year.
(b) The commissioner of elementary and secondary education shall, not later than December 31, 2012, submit to the joint committee on education a report on virtual schools, including but not limited to an evaluation of the virtual schools in operation in the commonwealth and the commissioner's recommendations pertaining thereto. The commissioner may expend funds set aside for the administration of the charter school program under line item 7061-9010 of section 2 of this act for the purpose of conducting said evaluation.