Section:
Adopted by the Board of Elementary and Secondary Education: May 23, 2023
(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 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 that do not reside in Massachusetts shall not enroll in a Commonwealth of Massachusetts virtual school. 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. A 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. A 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.
(7) Repeat Enrollment Process. If the enrollment process fails to fill the available admission spaces, a virtual school may repeat the process more than once, providing such process is fair and open and the virtual school gives reasonable public notice at least one month prior to the application deadline. As spaces become available during the school year, a virtual school may repeat the enrollment process to fill these openings. No student entering an enrollment process may be admitted ahead of other eligible students who were previously placed on a wait list during a prior enrollment process, except in cases where enrollment preferences change. The total number of students attending a Commonwealth of Massachusetts virtual school in a given school year cannot exceed the total number of students approved in the certificate.
(8) Public Lotteries. All lotteries shall be conducted in public, with a neutral party drawing names, and with reasonable public notice given at least one week prior to the lottery. Such lotteries may be conducted electronically, and the neutral party will certify the process is fair and selection is random. Lottery results must be published online in accordance with Department guidelines.
(9) Waitlist or Wait Pool. Commonwealth of Massachusetts virtual schools will maintain a waitlist or wait pool of students not selected in the enrollment lottery only for the school year for which the students applied.
(10) Maximum Age and Thresholds: A Commonwealth of Massachusetts virtual school shall specify age thresholds for kindergarten and maximum ages for high school programs, consistent with state and federal law.
(11) Enrollment Restrictions. In accordance with the guidance issued by the Department, a school committee may vote to restrict full-time enrollment of future students in a Commonwealth of Massachusetts virtual school if the district's total full-time student enrollment exceeds 1% of the total enrollment in the district. The Department will publish an annual list of districts eligible to restrict future full-time enrollment. October SIMS data will be used to assess which school committees are eligible to vote to restrict future full-time enrollment.
(12) Individual Online Course Enrollment. A student may take some classes online when such classes are approved by the district in which the student attends school. The student will be counted in the foundation enrollment of the district of residence and such courses shall be reported as online courses in accordance with Department guidelines. A virtual school may ;charge a district or a school for individual courses provided the virtual school reaches an agreement with the district or school.
(13) Districts Purchasing Online Courses for Individual Students Through a CMVS. Districts, including charter schools and educational collaboratives, may purchase online courses for individual students. Students accessing individual online courses remain enrolled in and continue to receive services from their current school district. Districts must include a visual component as part of the daily "live check-in."
(14) Online Learning Experience. Subsequent to enrolling a student, a Commonwealth of Massachusetts virtual school shall assess students with respect to their potential success in online learning experiences. The virtual school shall share the results of this assessment with the student and parent. A Commonwealth of Massachusetts virtual school shall provide support for students to enhance their success in online learning before the students start significant coursework.
(15) Educational Tools. A Commonwealth of Massachusetts virtual school shall ensure that all enrolled students have access to necessary technology and materials to participate in the virtual school' s educational program and shall provide such technology and materials free of charge to students as required by state law.
Disclaimer: For an official copy of these regulations, please contact the State House Bookstore, at 617-727-2834 or visit Massachusetts State Bookstore.
Last Updated: June 30, 2023
Massachusetts Department of Elementary and Secondary Education 135 Santilli Highway, Everett, MA 02149
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