Private School Application Outline in Massachusetts

Curriculum

M.G.L. c.76 section 1 states that a school committee should approve a private school where the program meets “thoroughness and efficiency” language. Further, no mandate regarding curriculum offered by a private school is implied by this language. However, a curriculum that is equivalent to that offered by public schools should be offered, to include:

• Mathematics
• Science and Technology
• English
• The Arts
• Physical Education
• History and Social Science
• Foreign Languages
• Massachusetts Art Week (last week of May) – it is wise to include a provision that celebrates this week by displaying student art works, exhibitions, or other ceremonies as required for public schools under M.G.L. ch. 6, section 15D.

Adequacy of Educational Materials

Policy should reflect that all textbooks and any instructional materials, computers, etc., are adequate to promote educational objectives.

Student Assessment and Performance

Evaluation of the skills, competencies, knowledge is conducted at regular intervals and documented.

Accreditation, Licensing & Registration

The State of Massachusetts offers no requirements for accreditation, licensing or registration of the private school. However, as previously noted, approval by the school committee of the district in which the private school is to be located, irrespective of the location of its students, is a requirement.

Certification of Teachers

Although individual teachers are not required to meet state certification requirements, the “thorough and efficient” language of the statute implies that some minimum standard must be met. Without knowing precisely what those standards required for teachers at a private school might be, it is recommended that the following standards be adopted:

• Qualified Teachers – teachers are qualified according to some objective measure
• Staff Competency and Evaluation – Staff should receive evaluation and competency checks at regular intervals by senior administrative staff to ensure that staff meet an objective standard that has been established by policy.
• CORI/SORI Checks – criminal offender record information (CORI) checks should be conducted of all employees and volunteers prior to employment or placement in the private school setting. Sex Offender Registry Information (SORI) checks may be required depending upon the population served and state law and are advisable regardless as a precautionary measure. CORI checks should also be conducted ongoing and not less than every three years under M.G.L. ch. 71, section 38R.
• Student-Teacher Ratios – maintain adequate ratios of student to teachers

Population Served

Develop Admissions criteria and indicate how enrollment will be documented in applicable policy on the subject.

Administration

Organizational structure, objectives and mission of the private school, and policy and procedure must be fully developed.

Health and Safety Issues (603 CMR 18.00, et. al.)

Address how the private school will maintain on-site safety, as well as that of any equipment used at the school in policy and procedure. Develop policy and procedure for display and maintenance of the following:

• Fire Inspection conducted annually by the local fire department; however, requests should be made quarterly.
• Safety Inspection from the Department of Public Safety or building inspector for buildings to which students have access, and a copy of the Certificate of Inspection should always be kept on site.
• Sprinkler System Inspection
• Certificate of Occupancy
• Kitchen Security measures implemented which demonstrate safe and security of equipment used in the making and storage of food, as well as regular maintenance of the kitchen to ensure the sanitary condition of the area.
• Dining Rooms/Furniture/Utensils/Drinking Water – policy and procedure indicating the use and maintenance of such facilities in accordance with the regulatory authority must be established
• Bathing/Toilet Facilities – water temperature, privacy issues, hygiene accommodations, mirrors, toiletries, access, flush sink or diaper rinsing sink and other regulations must be complied with. In day schools, the current requirement is one toilet and sink for every fourteen students in one or more well ventilated bathrooms or a statement of why a lower ratio meets the school’s needs.
• Classroom and General Space Requirements as required under the Code.
• Elevator Inspection (if necessary)
• Health Inspection per regulation guidelines
• Mandated Reporting – Under M.G.L. chapter 119, section 51A, a school teacher with reasonable cause to believe that a child under 18 is suffering physical or emotional injury due to either abuse, neglect, or both, must report immediately to their administrator or to DCF directly.
• Hazing Policy – Where Grades 6-12 are taught at the private school, an annual report must be filed to the board of education certifying notification of students by the private school of notice of the hazing prohibition and its adoption and distribution of a disciplinary policy that addresses organizers and participants of hazing under M.G.L. ch. 269, section 19.
• Fire Loss – The fire marshal must be notified within 48 hours (excluding Sundays and holidays) in writing of any fire or explosion which resulted in a loss. The report should contain a statement of facts addressing cause and origin of the fire/explosion, scope of damage, insurance on the property, and other information as necessary.
• Pesticide Use– Policy should reflect that the private school is subject to the Massachusetts Pesticide Control Act, and note any necessary requirements of that Act.
• Compliance with Federal and State Health and Safety Standards– handicap accessibility, asbestos inspections, PCB, Lead (under 6 years old), etc.

NOTE: As a general matter, policy should reflect that the site and any equipment in use on-site support the program adequately and are used and operated in such a manner as to ensure the health and safety of the student body.

Length of School Year and Length of School Day

It is a good idea to at least equal the required length for public schools in Massachusetts of the school year and day which are 180 and 900 hours in elementary schools and 180 and 990 hours at secondary schools, respectively.

Required Recordkeeping and Reporting

Supervisory officers of a private school should report names, ages, and residence of any child enrolled at the private school to the superintendent of the schools for the town where the child resides within the first 30 days of enrollment. Under M.G.L. ch. 72, section 2, notification of any child that has withdrawn from the school must be made to the superintendent of the applicable school district within 10 days of withdrawal from the private school.

Additionally, where a justice or agent of the court makes a request for the attendance, conduct, or standing of a pupil that is enrolled in the private school and that student is awaiting examination or trial by a court or is under court supervision, the private school must furnish information or reports as requested.

Transcripts of current or former students must be timely furnished by a private school operating in Massachusetts upon request. A fee of no greater than $5.00 may be charged for this service. Additionally, upon cessation of operations, the private school is prepared to transfer transcripts of all students and former students to the Massachusetts Department of Elementary and Secondary Education or other schools, as noted in M.G.L. c.71, section 34G.

Special Education

Students with disabilities attending a private school at private expense are entitled to special education designed to meet those disabilities, including individualized education program (IEP) if not paid for with state funds, e.g. federal funds. In the case of IEP, if state monies are funding a given student, the student must be served in a public facility per M.G.L, ch. 71B, section 1; St. 1999, ch. 27, section 258; CMR 28.03(1)(e).

Nursing, Health, Student Services

The local school committee or board of health may provide for sight, hearing, and other physical defect screening with request by a parent or guardian, where the private school has included language that it does not discriminate in entrance requirements on the basis of race or color. M.G.L. Ch. 71, section 57.

Student services are adequate and include health care policy and procedure, guidance and counseling programs, and disciplinary policy of students and employees/volunteers.

Financial Reporting

Private schools in Massachusetts must satisfactorily demonstrate financial solvency, e.g., profit and loss, balance sheets, budgetary provisions, and means of sustaining educational programs. Applicable evidence of tax-exempt status or articles of incorporation must be available upon request.

Disclaimer: No guarantees of approval of a private school by a school committee in any Massachusetts district are made or implied in a party’s use of this material in the drafting and/or submission of information required by a school committee of a private school seeking board or school committee approval.