For a district qualifying under this paragraph whose
charter school tuition payments exceed 9 per cent
of the school district's net school spending, the board shall only approve an application for the establishment
of a commonwealth
charter school if an applicant, or a provider with which an applicant proposes to contract, has a record
of operating at least 1 school or similar program that demonstrates academic success and organizational viability and serves student populations similar to those the proposed school seeks to serve, from the following
categories of students, those: (i) eligible for free lunch; (ii) eligible for reduced price lunch; (iii) that require special education; (iv) limited English - proficient
of similar language proficiency level as measured by the Massachusetts English Proficiency Assessment examination; (v) sub-proficient, which shall mean students who have scored in the «needs improvement», «warning» or «failing»
categories on the mathematics or English language arts exams
of the Massachusetts Comprehensive Assessment System for 2
of the past 3 years or as defined by the department using a similar measurement; (vi) who are designated as at risk
of dropping
out of school based on predictors determined by the department; (vii) who have dropped
out of school; or (viii) other at - risk students who should be targeted to eliminate achievement gaps among different groups
of students.
The Commission was faced with the difficulty
of identifying the beneficiary undertakings
of the STL regime in this case, as it acknowledged that it was in principle possible to identify 5 major
categories of actors: (i) the shipyards offering new built vessels or construction, repair and renovation services, (ii) leasing companies offering financing facilities, (iii) EIGs
chartering out and selling vessels, (iv) the investors in those EIGs offering goods and services on a wide range
of market (except if they are individuals not exercising any economic activity, in which case the Commission recognised that they were not covered by the Decision), and (v) shipping companies offering maritime transport services buying vessels to the EIGs through the STL system (recital 126).