2016 -- S 3075 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO EDUCATION - ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS

     Introduced By: Senator Hanna M. Gallo

     Date Introduced: June 09, 2016

     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.

      (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 council on elementary and secondary

education approval is required.

     (c) Local written support shall be required for a proposed charter that is a network charter

school as defined herein. "Written support" means a resolution or ordinance granted by the town

or city council for each proposed sending district where the council considers the fiscal and

educational welfare of the municipality and students after at least one public hearing.

     (d) A charter public school as defined in §16-77-2.1 shall be considered a network charter

school if the charter public school encompasses or will encompass elementary and secondary

schools or multiple elementary or multiple secondary schools.

      (e) Charter public schools as defined in §16-77-2.1(4) and authorized as of the effective

date of this act shall be exempt from subsection (c) of this section and shall not require local

written support under subsection (c) of this section for any proposed expansion or charter

renewal.

     (f) A proposed charter or amendment to a charter for expansion may proceed through the

approval process by removing districts that have not provided written support in accordance with

this section from the catchment area and may be approved with the remaining districts in the

catchment area, provided that the application satisfies the requirements of regulations and law.

     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 council on elementary and secondary education; 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)(g) 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)(h) The establishment of new charter public schools shall be contingent upon state

approval and appropriation.

     SECTION 2. Sections 16-77.3-2 and 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]" are hereby amended to read as follows:

     16-77.3-2. Procedure for creation of independent charter schools. -- Procedure for

creation and expansion of independent charter schools. -- (a) Any persons or entities eligible

to establish an independent charter public school may submit a proposed charter or an amendment

to a charter for an expansion to the commissioner. For purposes of this chapter, "expansion" shall

be an increase in total enrollment, an increase in the grade levels previously authorized in the

charter or the addition of a school district to the catchment area. The proposed charter shall:

      (1) Be submitted to the commissioner no later than December 1st of the school year

before the school year in which the independent charter school is to be established;

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      (2) Describe a plan for education, including the mission, objective, method of providing

a basic education, measurable student academic goals that the independent charter school will

meet, and process for improving student learning and fulfilling the charter and fulfilling state and

national educational goals and standards;

      (3) Provide a minimum of one hundred eighty (180) days of instruction to students per

year;

      (4) Indicate performance criteria that will be used to measure student learning and to

comply with the charter, state, and national educational goals and standards;

      (5) Include an agreement to provide a yearly report to parents, the community, the

sending school districts, and the commissioner, which indicates the progress made by the

independent charter school during the previous year in meeting the charter objectives;

      (6) Present a plan for the governance, administration, and operation of the independent

charter school, including the manner in which the governing board of the school will be chosen,

the nature and extent of parental, professional educator, and community involvement in the

governance and operation of the independent charter school, and the means of ensuring

accountability to the commissioner, the sending school districts, and the board of regents council

on elementary and secondary education;

      (7) Identify the building that will house the independent charter school and from whom

and under what terms and conditions it is to be provided;

      (8) Describe what support services will be provided by the sending school district(s) and

under what terms and conditions those services are to be provided, and describe what support

services the independent charter school will obtain directly from third parties and, to the extent

known, under what terms and conditions those services are to be provided;

      (9) Explain the procedures that will be followed to ensure the health and safety of pupils

and staff;

      (10) Describe enrollment procedures including the permissible criteria for admission in

accordance with applicable state and federal law, along with a policy or policies that outline

outreach and recruitment programs to encourage the enrollment of a diverse student population;

      (11) Explain the student discipline procedures;

      (12) Explain the relationship that will exist between the proposed independent charter

school and its employees, including the terms and conditions of employment and the

qualifications that the employees must meet. Teachers and administrators in independent charter

schools must be certified pursuant to state law and regulation. Teachers and administrators in

independent charter schools shall be entitled to prevailing wages and benefits as enjoyed by other

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Rhode Island public school teachers and administrators. Employment in an independent charter

school shall be considered "service" as that term is defined in chapter 16 of this title for purposes

of determining the appropriate step on a salary schedule for certified personnel. Employment in

an independent charter school can be considered "service" as that term is defined in chapter 16 of

this title for determining status in the teachers' retirement system. All employees and prospective

employees of an independent charter school shall be deemed to be public school employees,

having the same rights under Rhode Island and federal law as employees and prospective

employees at a non-chartered public school;

      (13) Identify with particularity the state statutes, state regulations, and sending school

district(s) rules from which variances are sought in order to facilitate operation of the independent

charter school. Explain the reasons for each variance and the alternative method by which the

concern that gave rise to the regulation or provision will be addressed;

      (14) Provide a financial plan including a proposed budget for the term of the charter, and

an annual audit of the financial and administrative operations of the independent charter school,

and the manner in which the funds allocated to the independent charter school will be managed

and disbursed;

      (15) Provide procedures by which teaching personnel and parents can legally challenge

decisions of the governing board of the school which do not conform to the school's charter; and

      (16) Provide a copy of the proposed bylaws of the independent charter school.

     (17) Provide written support from school districts in the proposed catchment area if

required pursuant to §16-77-5.1.

      (c)(b) Any nonprofit organization which seeks to establish an independent charter school

must submit its financial records and financial plan for operating the school to the auditor general,

who shall review the records, the financial plan, and the financial integrity of the organization. At

the time of submission of a proposed charter the financial records and financial recordkeeping

system of the nonprofit organization and the proposed financial plan for the independent charter

school shall be reviewed by the auditor general and the auditor general shall, while the proposed

charter is being considered for preliminary approval by the board of regents council on

elementary and secondary education, provide an initial determination to the board of regents

council on elementary and secondary education, the commissioner, and the speaker of the house

of representatives and the president of the senate indicating that the auditor general is satisfied

that the nonprofit organization is financially responsible. Final approval for operation of the

independent charter school shall not be granted by the board of regents council on elementary and

secondary education until the auditor general has approved the financial plan and financial record

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keeping system and is satisfied that the nonprofit organization is financially responsible. The

auditor general shall notify the board of regents council on elementary and secondary education,

the commissioner, and the speaker of the house of representatives of the findings. During the year

immediately preceding the September in which the independent charter school is to begin

operation, the charter applicant shall make any additional submissions to the auditor general

prescribed by the auditor general in the initial determination. Additional submissions during the

year prior to the September in which the independent charter school is to begin operation shall

include, but not be limited to, evidence submitted to the auditor general not later than June 1st

prior to the opening of the independent charter school of the existence of an agreement, option for

lease or purchase, lease agreement or purchase agreement, contingent upon general assembly

funding, for a facility in which the independent charter school will operate in its first year of

operation. The auditor general shall have the authority to review independent charter schools

affiliated with nonprofit organizations on an annual basis or require the school to have an annual

certified audit in accordance with the same federal and state standards that are applicable to local

public school districts. If as a result of any annual audit the auditor general believes there are

financial irregularities, the auditor general shall withdraw the original approval and the board of

regents council on elementary and secondary education shall withdraw its approval for the

independent charter school to continue operation.

     16-77.3-3. Process for consideration of proposed charter. -- Process for

consideration of proposed charter or expansion. -- (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 and §16-77-5.1.

      (b) After having received a satisfactory proposed charter or expansion, 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 or expansion 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 or amendment

for expansion, the matter shall be referred to the board of regents council on elementary and

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secondary education for a decision on whether to grant a revocable charter or expansion. 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) In considering a proposed charter or an amendment to a charter for expansion, the

council on elementary and secondary education shall consider all relevant information including,

but not limited to, the requirements of regulations and law.

     (f) In considering a proposed charter or an amendment to a charter for expansion, the

council on elementary and secondary education shall place substantial weight on the fiscal impact

on the city or town, programmatic impact on the sending school district, and the educational

impact on the students in the district to ensure that the proposal is economically prudent for the

city or town, and academically prudent for the proposed sending school district and for all

students in the sending district.

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

members of the public upon request.

     SECTION 3. Sections 16-77.4-1, 16-77.4-2 and 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]" are hereby amended to read as follows:

     16-77.4-1. Entities eligible to apply to become a mayoral academy. -- Entities eligible

to apply to become or for the expansion of a mayoral academy. -- (a) A "mayoral academy"

means a charter school created by a mayor of any city or town within the State of Rhode Island,

acting by or through a nonprofit organization established for said purpose (regardless of the time

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said nonprofit organization is in existence), which enrolls students from more than one city or

town including both urban and non-urban communities and which offers an equal number of

enrollments to students on a lottery basis; provided, further, that such mayoral academies shall

have a board of trustees or directors which is comprised of representatives from each included

city or town and is chaired by a mayor of an included city or town. The mayor from each city or

town, or in the absence of a mayor, the city or town council via a resolution or ordinance, shall

approve the participation in the mayoral academy's catchment area for a proposed charter or an

amendment to a charter for expansion. For purposes of this chapter the term "mayor" shall

include any elected town administrator.

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

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

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

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

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

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

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

determine which students shall be admitted.

     16-77.4-2. Procedure for creation of a mayoral academy. -- Procedure for creation

and expansion of a mayoral academy. -- (a) Any persons or entities eligible to establish a

mayoral academy may submit a proposed charter or an amendment to a charter for an expansion

to the commissioner. For purposes of this chapter, "expansion" shall be an increase in total

enrollment, an increase in the grade levels previously authorized in the charter or the addition of a

school district to the catchment area. The proposed charter shall:

      (1) Be submitted to the commissioner no later than December 1st of the school year

before the school year in which the mayoral academy is to be established;

      (2) Describe a plan for education, including the mission, objective, method of providing

a basic education, measurable student academic goals that the mayoral academy will meet, and

process for improving student learning and fulfilling the charter and fulfilling state and national

educational goals and standards;

      (3) Provide a minimum of one hundred eighty (180) days of instruction to students per

year;

      (4) Indicate performance criteria that will be used to measure student learning and to

comply with the charter, state, and national educational goals and standards;

      (5) Include an agreement to provide a yearly report to parents, the community, the school

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committee of the sending districts, and the commissioner, which indicates the progress made by

the mayoral academy during the previous year in meeting the charter objectives;

      (6) Present a plan for the governance, administration, and operation of the mayoral

academy, including the manner in which the governing board of the school will be chosen, the

nature and extent of parental, professional educator, and community involvement in the

governance and operation of the mayoral academy, and the means of ensuring accountability to

the commissioner, the sending school district(s), and the board of regents council on elementary

and secondary education;

      (7) Identify the building that will house the mayoral academy and from whom and under

what terms and conditions it is to be provided;

      (8) Describe what support services will be provided by the sending school district(s) and

under what terms and conditions those services are to be provided, and describe what support

services the mayoral academy will obtain directly from third parties and, to the extent known,

under what terms and conditions those services are to be provided;

      (9) Explain the procedures that will be followed to ensure the health and safety of pupils

and staff;

      (10) Describe enrollment procedures including the permissible criteria for admission in

accordance with applicable state and federal law, along with a policy or policies that outline

outreach and recruitment programs to encourage the enrollment of a diverse student population;

      (11) Explain the student discipline procedures;

      (12) Explain the relationship that will exist between the proposed mayoral academy and

its employees, including the terms and conditions of employment and the qualifications that the

employees must meet. Teachers and administrators in mayoral academies must be certified

pursuant to state law and regulation.

      (13) Each mayoral academy established pursuant to this chapter may, by written notice

to the commissioner of elementary and secondary education, elect to have this subsection apply

(or not apply) to its teachers, administrators, and employees:

      (i) Teachers and administrators in a mayoral academy shall be entitled to prevailing

wages and benefits as enjoyed by other public school teachers and administrators;

      (ii) Teachers and administrators in a mayoral academy shall be entitled to participate in

the state teachers' retirement system under chapter 8 of title 36;

      (iii) Employment in a mayoral academy shall be considered "service" as that term is

defined in chapter 16 of this title.

      (14) Identify with particularity the state laws, state regulations, and school district rules

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from which variances are sought in order to facilitate operation of the mayoral academy. Explain

the reasons for each variance and the alternative method by which the concern that gave rise to

the regulation or provision will be addressed;

      (15) Provide a financial plan including a proposed budget for the term of the charter, and

an annual audit of the financial and administrative operations of the mayoral academy, and the

manner in which the funds allocated to the mayoral academy will be managed and disbursed;

      (16) Provide procedures by which teaching personnel and parents can legally challenge

decisions of the governing board of the mayoral academy which do not conform to the mayoral

academy's charter; and

      (17) Provide a copy of the proposed bylaws of the mayoral academy.

     (18) Provide written support from the school district in the proposed catchment area if

required pursuant to §16-77-5.1.

     16-77.4-3. Process for consideration of proposed charter. -- Process for

consideration of proposed charter or expansion. -- (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 and §16-77-5.1.

      (b) After having received a satisfactory proposed charter or expansion, 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 charter.

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

expansion 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 or expansion,

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 or expansion. 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

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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) In considering a proposed charter or an amendment to a charter for expansion, the

council on elementary and secondary education shall consider all relevant information including,

but not limited to, the requirements of regulations and law.

     (f) In considering a proposed charter or an amendment to a charter for expansion, the

council on elementary and secondary education shall place substantial weight on the fiscal impact

on the city or town, programmatic impact on the sending school district, and educational impact

on the students in the district to ensure that the proposal is economically prudent for the city or

town and academically prudent for the proposed sending school district and all of the students in

the sending district.

      (e)(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 § 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)(h) 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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS

***

     This act would require local written support, in the form of an ordinance granted by a

town or city council of a sending district, for a proposed network charter school, and would

require the council on elementary and secondary education to place substantial weight on the

impact of the sending districts when considering a proposed charter or expansion of a charter.

     This act would take effect upon passage.

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