2016 -- S 2019

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LC003570

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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 - MAYORAL ACADEMIES

     

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

     Date Introduced: January 13, 2016

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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charter schools, independent charter schools, or mayoral academies, as defined by §16-77-2.1.

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

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

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

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

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

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

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least one public hearing. Provided, any charter public school already approved by the council on

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elementary and secondary education prior to (the effective date of this act), and any charter public

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school seeking to expand up to and including its maximum capacity as set forth in the school's

 

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original application which has been approved prior to (the effective date of this act), shall not be

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limited or prohibited by this section. Provided further, as to any proposed new charter public

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school whose district would include the entire state, referred to herein as a "statewide charter

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public school," and which application is submitted after (the effective date of this act), then in the

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event a city or town council of any proposed sending school district does not grant approval as

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provided for in this subsection, such district shall not be obligated to be a sending district or to

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pay or forward any funds to the statewide charter public school. In such instance, the statewide

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charter public school district may operate and service those districts that do provide approval

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pursuant to this subsection. However, the charter may be revoked at any time if the school:

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      (1) Materially violates provisions contained in the charter;

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

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

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

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regents; or

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

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

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

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

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

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

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39-1.

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      (d) The establishment of new charter public schools, or the expansion of existing charter

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public schools, which establishment or expansion has not been approved prior to (the effective

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date of this act), shall be contingent upon local and state approval and appropriation.

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     (e) Nothing contained in this section shall prohibit any expansion of an existing charter

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public school where such expansion was completely approved by the council on elementary and

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secondary education or any predecessor to the council prior to (the effective date of this act).

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     (f) This section shall not apply to any school created pursuant to chapter 95 of title 16.

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     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 - MAYORAL ACADEMIES

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

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

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

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

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

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any expansion of an existing charter public school which expansion was already completely

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approved by the council on elementary and secondary education or its predecessor prior to the

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effective date of this act.

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     This act would take effect upon passage.

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