2015 -- H 5555 AS AMENDED

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LC001491

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION - CHARTER SCHOOLS

     Introduced By: Representatives O`Grady, Amore, Fogarty, Regunberg, and O'Brien

     Date Introduced: February 25, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-77.2-3 of the General Laws in Chapter 16-77.2 entitled "District

Charter School [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

amended to read as follows:

     16-77.2-3. Process for consideration of proposed charter. -- (a) If the commissioner or

the school committee of the district where the district charter school is to be located finds the

proposed charter to be incomplete, further information may be requested and required. The

commissioner shall develop regulations for amending an approved charter, consistent with the

provisions of this chapter.

      (b) After having received a satisfactory proposed charter, the commissioner will provide

for a public comment period of not less than sixty (60) days, during which they will hold at least

two (2) public hearings on the proposed charter. These hearings will be held in the district where

the proposed district charter school is to be located. Any person may file with the committee

and/or the commissioner comments, recommendations, and/or objections relevant to the granting

of a charter.

      (c) A copy of the proposed charter for a district charter school at an existing public

school shall be provided to the collective bargaining agent for the teachers in the school district

where the district charter school is to be located at the time that it is filed with the school

committee of the district where the district charter school is to be located and the commissioner.

The teachers through their collective bargaining agent shall be afforded the opportunity to present

their analysis of and recommendations regarding the proposed charter to the school committee of

the district where the district charter school is to be located and the board of regents council on

elementary and secondary education (hereinafter the "council") prior to any determination by

those entities. If the teachers' union objects to the proposed charter or to any provision of it, it

shall set forth the reasons for those objections in detail. These objections and recommendations

shall be considered and responded to by the school committee of the district where the district

charter school is to be located and the commissioner before making any recommendation to the

board of regents council, and by the board of regents council prior to its determination.

      (d) The commissioner or the school committee of the district where the district charter

school is to be located will each decide on whether or not to recommend the granting of the

charter to the board of regents council on elementary and secondary education within ninety (90)

days after the conclusion of the public comment period.

      (e) The commissioner or the school committee of the district where the district charter

school is to be located may recommend to the board of regents council on elementary and

secondary education the granting of a revocable charter for a district charter school upon

receiving a proposed charter.

      (f) If the commissioner or the school committee of the district where the district charter

school is to be located recommends the granting of the proposed charter, the matter shall be

referred to the board of regents council on elementary and secondary education for a decision on

whether to grant a charter. Provided, if the council is asked to approve an application for a new

district charter school or the expansion of seats in an existing district charter school, the council

shall, prior to granting any such approval, make an affirmative finding that the proposed school or

the proposed expansion shall not have a detrimental effect on the finances and/or the academic

performance of the sending districts affected by the new school or the expansion. Provided

further, any charter school already approved by the council on elementary and secondary

education, and any charter school seeking to expand up to, and including, its maximum capacity

as set forth in the school's original charter which has been approved, prior to the effective date of

this act, shall not be limited or prohibited by this section. The board of regents council on

elementary and secondary education may grant a charter for a period of up to five (5) years. The

decision of the board of regents council on elementary and secondary education, complete with

reasons and conditions, shall be made available to the public and to the applicant. Charter public

school approval for establishment or continuation shall be for up to a five (5) year period. At the

conclusion of each five (5) year period, the board of regents council on elementary and secondary

education may conduct a subsequent review of the district charter school's charter. If the board of

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regents council on elementary and secondary education does not conduct such a review, the

charter shall renew for another five (5) year period. The commissioner, with approval of the

board of regents council on elementary and secondary education, shall promulgate rules and

regulations for these five (5) year reviews.

      (g) The commissioner, with the approval of the board of regents council on elementary

and secondary education, may grant a variance to any provision of title 16 other than those

enumerated in section 16-77.1, and to any department of education regulation and to any school

district regulation which does not affect the health and safety or civil rights of pupils in district

charter schools.

      (h) All proposed charters shall be matters of public record and will be provided to

members of the public upon request.

     SECTION 2. Section 16-77.3-3 of the General Laws in Chapter 16-77.3 entitled

"Independent Charter Schools [See Title 16 Chapter 97 - The Rhode Island Board of Education

Act]" is hereby amended to read as follows:

     16-77.3-3. Process for consideration of proposed charter. -- (a) If the commissioner

finds the proposed charter to be incomplete, further information may be requested and required.

The commissioner shall develop regulations for amending an approved charter, consistent with

the provisions of this chapter.

      (b) After having received a satisfactory proposed charter, the commissioner will provide

for a public comment period of not less than sixty (60) days, during which they will hold at least

two (2) public hearings on the proposed charter. These hearings will be held in the district where

the proposed independent charter school is to be located. Any person may file with the

commissioner comments, recommendations, and/or objections relevant to the granting of a

charter.

      (c) The commissioner will decide on whether or not to recommend the granting of the

charter to the board of regents council on elementary and secondary education (hereinafter the

"council") within ninety (90) days after the conclusion of the public comment period.

      (d) If the commissioner recommends the granting of the proposed charter, the matter

shall be referred to the board of regents council on elementary and secondary education for a

decision on whether to grant a revocable charter. Provided, if the council is asked to approve an

application for a new independent charter school or the expansion of seats in an existing

independent charter school, the council shall, prior to granting any such approval, make an

affirmative finding that the proposed school or the proposed expansion shall not have a

detrimental effect on the finances and/or the academic performance of the sending districts

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affected by the new school or the expansion. Provided further, any independent charter school

already approved by the council on elementary and secondary education, and any independent

charter school seeking to expand up, to and including, its maximum capacity as set forth in the

school's original charter which has been approved, prior to the effective date of this act, shall not

be limited or prohibited by this section. The board of regents council on elementary and

secondary education may grant a charter for a period of up to five (5) years. The decision of the

board of regents council on elementary and secondary education, complete with reasons and

conditions, shall be made available to the public and to the applicant. Charter public school

approval for establishment or continuation shall be for up to a five (5) year period. At the

conclusion of each five (5) year period, the board of regents council on elementary and secondary

education may conduct a subsequent review of the independent charter school's charter. If the

board of regents council on elementary and secondary education does not conduct such a review,

the charter shall renew for another five (5) year period. The commissioner, with approval of the

board of regents council on elementary and secondary education, shall promulgate rules and

regulations for these five (5) year reviews.

      (e) The commissioner, with the approval of the board of regents council on elementary

and secondary education, may grant a variance to any provision of title 16 other than those

enumerated in § 16-77.3-7 and to any department of education regulation and to any school

district regulation which does not affect the health and safety or civil rights of pupils in

independent charter schools.

      (f) All proposed charters shall be matters of public record and will be provided to

members of the public upon request.

     SECTION 3. Section 16-77.4-3 of the General Laws in Chapter 16-77.4 entitled

"Mayoral Academies [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is

hereby amended to read as follows:

     16-77.4-3. Process for consideration of proposed charter. -- (a) If the commissioner

finds the proposed charter to be incomplete, further information may be requested and required.

The commissioner shall develop regulations for amending an approved charter, consistent with

the provisions of this chapter.

      (b) After having received a satisfactory proposed charter, the commissioner will provide

for a public comment period of not less than sixty (60) days, during which they will hold at least

two (2) public hearings on the proposed charter. These hearings will be held in the district where

the proposed mayoral academy is to be located. Any person may file with the committee and/or

the commissioner comments, recommendations, and/or objections relevant to the granting of a

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charter.

      (c) The commissioner will decide whether to recommend the granting of the charter to

the board of regents council on elementary and secondary education within ninety (90) days after

the conclusion of the public comment period.

      (d) If the commissioner recommends the granting of the proposed charter, the matter

shall be referred to the board of regents council on elementary and secondary education for a

decision on whether to grant a charter. Provided, if the council is asked to approve an application

for a new mayoral academy or the expansion of seats in an existing mayoral academy, the council

shall, prior to granting any such approval, make an affirmative finding that the proposed school or

the proposed expansion shall not have a detrimental effect on the finances and/or the academic

performance of the sending districts affected by the new school or the expansion. Provided

further, any mayoral academy already approved by the council on elementary and secondary

education, and any mayoral academy seeking to expand up to, and including, its maximum

capacity as set forth in the school's original charter which has been approved, prior to the

effective date of this act, shall not be limited or prohibited by this section.

     The board of regents council on elementary and secondary education may grant a charter

for a period of up to five (5) years. The decision of the board of regents council on elementary

and secondary education, complete with reasons and conditions, shall be made available to the

public and to the applicant. Charter public school approval for establishment or continuation shall

be for up to a five (5) year period. At the conclusion of each five (5) year period, the board of

regents council on elementary and secondary education may conduct a subsequent review of the

mayoral academy's charter. If the board of regents council on elementary and secondary

education does not conduct such a review, the charter shall renew for another five (5) year period.

The commissioner, with approval of the board of regents council on elementary and secondary

education, shall promulgate rules and regulations for these five (5) year reviews.

      (e) The commissioner, with the approval of the board of regents council on elementary

and secondary education, may grant a variance to any provision of title 16 other than those

enumerated in § 16-77.4-7 and to any department of education regulation and to any school

district regulation which does not affect the health and safety or civil rights of pupils in a mayoral

academy.

      (f) All proposed charters shall be matters of public record and will be provided to

members of the public upon request.

     SECTION 4. This act shall take effect upon passage.

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LC001491

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - CHARTER SCHOOLS

***

     This act would require the council on elementary and secondary education, prior to

granting approval for either a new charter school or the expansion of an existing charter school, to

first make an affirmative finding that the proposed school or the proposed expansion would not

have a detrimental effect on the finances and/or the academic performance of the sending districts

affected by the new school or the expansion.

     This act would take effect upon passage.

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