2013 -- S 0312 SUBSTITUTE A

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LC01226/SUB A/2

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION - MAYORAL ACADEMIES

     Introduced By: Senators Lombardi, Miller, McCaffrey, Jabour, and Crowley

     Date Introduced: February 13, 2013

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-77.4-1 of the General Laws in Chapter 16-77.4 entitled

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"Mayoral Academies" is hereby amended to read as follows:

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     16-77.4-1. Entities eligible to apply to become a mayoral academy. -- (a) A "mayoral

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academy" means a charter school created by a mayor of any city or town within the State of

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Rhode Island, acting by or through a nonprofit organization established for said purpose

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(regardless of the time said nonprofit organization is in existence), which enrolls students from

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more than one city or town including both urban and non-urban communities and which offers an

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equal number of enrollments to students on a lottery basis; provided, further, that such mayoral

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academies shall have a board of trustees or directors which is comprised of representatives from

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each included city or town and is chaired by a mayor of an included city or town. For purposes of

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this chapter the term "mayor" shall include any elected town administrator.

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      (b) No child shall be required to attend a mayoral academy nor shall any teacher be

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required to teach in a mayoral academy. The school committee of the district in which a mayoral

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academy is located shall make accommodations to facilitate the transfer of students who do not

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wish to participate in a mayoral academy into other public schools. It shall also make

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accommodations for those students who wish to transfer into the mayoral academy as space

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permits. If the total number of students who are eligible to attend and apply to a mayoral academy

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is greater than the number of spaces available, the mayoral academy shall conduct a lottery to

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determine which students shall be admitted.

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     (c) A "mayoral academy" charter school's application shall not be approved by the board

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of education unless the board considers the position, if any, of the host community’s town or city

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council and the position of the residents of the communities to be served by the mayoral academy

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charter school. The host community's town or city council shall indicate support or lack thereof

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by resolution after at least one public hearing. Prior to the decision on the application, the

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department of education shall provide the board of education with a summary of the written and

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oral testimony indicating the position regarding said school's application. The board of education

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shall accept all public testimony regarding the application at no fewer than one regularly

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scheduled meeting prior to determining approval or denial of the mayoral academy charter

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school’s application. This section shall not apply to a mayoral academy charter school's renewal

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application.

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     SECTION 2. Section 16-77.3-1 of the General Laws in Chapter 16-77.3 entitled

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"Independent Charter Schools" is hereby amended to read as follows:

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     16-77.3-1. Entities eligible to apply to become independent charter schools. -- (a)

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Persons or entities eligible to submit an application to establish an independent charter school

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shall be limited to:

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      (1) Rhode Island nonprofit organizations provided that these nonprofit organizations

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shall have existed for at least two (2) years and must exist for a substantial reason other than to

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operate a school; or

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      (2) Colleges or universities within the State of Rhode Island.

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      (b) No child shall be required to attend an independent charter school nor shall any

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teacher be required to teach in an independent charter school. The sending school district shall

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make accommodations for those students who wish to participate to transfer into an independent

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charter school as space permits. If the total number of students who are eligible to attend and

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apply to an independent charter school is greater than the number of spaces available, the

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independent charter school shall conduct a lottery to determine which students shall be admitted.

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     (c) An independent charter school's application shall not be approved by the board of

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education unless the board considers the position, if any, of the host community's town or city

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council and the position of residents of the communities to be served by the independent charter

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school. The host community's town or city council shall indicate support or lack thereof by

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resolution after at least one public hearing. Prior to the decision on the application, the

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department of education shall provide the board of education with a summary of the written and

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oral testimony indicating the position regarding said school’s application. The board of education

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shall accept all public testimony regarding the application at no fewer than one regularly

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scheduled meeting prior to determining approval or denial of the independent charter school’s

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application. This section shall not apply to an independent charter school’s renewal application.

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     SECTION 3. This act shall take effect upon passage.

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LC01226/SUB A/2

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - MAYORAL ACADEMIES

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     This act would provide that in considering the application of a mayoral charter school or

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of an independent charter school, the board of education would consider the positions, if any, of

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the host community's city or town council, and also of the residents of the communities to be

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served by the new school.

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     This act would take effect upon passage.

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LC01226/SUB A/2

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