2017 -- H 6325

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LC002832

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO EDUCATION - ESTABLISHMENT OF PUBLIC CHARTER SCHOOLS

     

     Introduced By: Representatives Amore, Barros, and Serpa

     Date Introduced: June 09, 2017

     Referred To: House Health, Education & Welfare

     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.

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     (a) Individuals or groups may complain to a charter public school's governing body

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concerning any claimed violation of the provisions of this chapter by the school. If, after

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presenting their complaint to the governing body, the individuals or groups believe their

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complaint has not been adequately addressed, they may submit their complaint to the

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commissioner who shall hear and decide the issue pursuant to §§ 16-39-1 and 16-39-2.

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

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five-year (5) period. In either case, council on elementary and secondary education approval is

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required.

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

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

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

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

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

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

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secondary schools or multiple elementary or multiple secondary schools. A charter public school

 

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that operates or will operate elementary school grades and middle school grades or operates or

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will operate middle school grades and high school grades shall be considered a network charter

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school notwithstanding the facility or administration of the school.

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

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date of this act [July 13, 2016] shall be exempt from subsection (c) of this section and shall not

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require local, written support under subsection (c) for any proposed expansion or charter renewal.

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

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

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

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

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law.

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     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 council on

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

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approval and appropriation.

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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 - ESTABLISHMENT OF PUBLIC CHARTER SCHOOLS

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     This act would provide that a charter public school that operates or will operate

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elementary school grades, middle school grades or high school grades shall be considered a

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network charter school notwithstanding the facility or the administration of the school.

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     This act would take effect upon passage.

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