2015 -- S 0087 SUBSTITUTE A

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LC000502/SUB A/9

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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 - THE EDUCATION EQUITY AND PROPERTY RELIEF ACT

     Introduced By: Senators Satchell, Lombardi, Gallo, Miller, and Pearson

     Date Introduced: January 22, 2015

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-77-5.1 of the General Laws in Chapter 16-77 entitled

"Establishment of Charter Public Schools [See Title 16 Chapter 97 - The Rhode Island Board of

Education Act]" is hereby amended to read as follows:

     16-77-5.1. Oversight by commissioner. -- (a) Individuals or groups may complain to a

charter public school's governing body concerning any claimed violation of the provisions of this

chapter by the school. If, after presenting their complaint to the governing body, the individuals

or groups believe their complaint has not been adequately addressed, they may submit their

complaint to the commissioner who shall hear and decide the issue pursuant to §§ 16-39-1 and

16-39-2. Provided, the term "charter public schools" as used herein means and includes district

charter schools, independent charter schools, or mayoral academies pursuant to § 16-77-2.1.

      (b) Charter public school approval for establishment or continuation shall be for up to a

five (5) year period. In either case, board of regents approval by the council on elementary and

secondary education is required. Notwithstanding any provisions of the general laws to the

contrary, any proposal for the creation of a new charter public school or expansion of an existing

charter public school shall require approval from every city council or town council of each

sending school district. Such approval shall be provided either by resolution or ordinance

following at least one public hearing. Provided any charter public school already approved by the

council on elementary and secondary education, and any charter public school seeking to expand

up to and including its maximum capacity as set forth in the school's original application which

has been approved, prior to the effective date of this act, shall not be limited or prohibited by this

section.

     However, the charter may be revoked at any time if the school:

      (1) Materially violates provisions contained in the charter;

      (2) Fails to meet or pursue the educational objectives contained in the charter;

      (3) Fails to comply with fiscal accountability procedures as specified in the charter;

      (4) Violates provisions of law that have not been granted variance by the board of

regents; or

      (5) After three (3) consecutive years of operation, is not a "high-performing charter

school," defined as a charter public school that has demonstrated overall success, including: (i)

Substantial progress in improving student achievement; and (ii) The management and leadership

necessary to establish a thriving, financially viable charter public school.

      (c) After denying or prior to non-renewing or revoking a charter, the department of

elementary and secondary education will hold a hearing on the issues in controversy under § 16-

39-1.

      (d) The establishment of new charter public schools shall be contingent upon state

approval and appropriation.

     (e)(1) Effective upon passage of this act, neither the department of elementary and

secondary education nor the council on elementary and secondary education shall:

     (i) Accept or process any application for a new charter public school; or

     (ii) Approve or undertake any action to an application for a charter public school which

has not been fully approved as of effective date of this act.

     (2) Provided, the hiatus contained in this subsection shall expire upon the enactment by

the general assembly of a revised funding formula to account for any structural disparities in

funding between traditional public schools and charter public schools or mayoral academies.

     (3) Provided, further, should the state school aid funding formula not be adjusted by the

general assembly for FY 2017, to account for any structural disparities in funding between

traditional public schools and charter public schools or mayoral academies, local districts may

freeze payments to mayoral academies at their FY 2016 local share of the per pupil or aggregate

funding.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - THE EDUCATION EQUITY AND PROPERTY RELIEF ACT

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     This act would provide that the creation of a new charter public school or the expansion

of an existing charter public school would require approval from the city or town council of each

sending school district. Any charter public school seeking to expand up to and including its

maximum capacity as set forth in the school’s original application which had been approved prior

to the effective date of this act would not be limited or prohibited. This act also prohibits the

acceptance of or action being taken on any application for a new charter public school until a

revision to the current school funding formula by the general assembly to address any structural

disparities in funding between traditional public schools and charter public schools.

     This act would take effect upon passage.

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