2019 -- S 0544

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LC000957

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO EDUCATION -- ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS

     

     Introduced By: Senators Pearson, Seveney, Gallo, Satchell, and Picard

     Date Introduced: March 14, 2019

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-77-3.1 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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     16-77-3.1. Legislative purpose.

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     (a) The purpose of this chapter is to provide an alternative within the public education

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system by offering opportunities for entities identified in § 16-77-2.1 to establish and maintain a

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high performing public school program according to the terms of a charter. The key appeal of the

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charter school concept is its promise of increased accountability for student achievement in

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exchange for increased school autonomy.

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     (b) Charter public schools are intended to be vanguards, laboratories, and an expression

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of the on-going and vital state interest in the improvement of education. Notwithstanding the

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provisions of this section or any law to the contrary, a charter school shall be deemed to be a

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public school acting under state law and subject to the Age Discrimination Act of 1975, 42 U.S.C.

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§ 6101, et seq., title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., title IX of the

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educational amendments of 1972, 20 U.S.C. § 1681, et seq., § 794 of title 29, and part B of the

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Individuals With Disabilities Education Act, 20 U.S.C. § 1411, et seq. All students and

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prospective students of a charter school shall be deemed to be public school students, having all

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the same rights under federal and Rhode Island law as students and prospective students at a non-

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chartered public school. These charter public schools shall be vehicles for research and

 

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development in areas such as curriculum, pedagogy, administration, materials, facilities,

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governance, parent relations and involvement, social development, instructor's and administrator's

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responsibilities, working conditions, student performance and fiscal accountability. It is the intent

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of the general assembly to create within the public school system vehicles for innovative learning

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opportunities to be utilized and evaluated in pilot projects. The provisions of this chapter are to be

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interpreted liberally to support the purposes set forth in this chapter and to advance a renewed

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commitment by the state to the mission, goals, and diversity of public education.

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     (c) It is the intent of the general assembly to provide opportunities for teachers, parents,

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pupils, and community members to establish and maintain public schools that operate

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independently as a method to accomplish all of the following:

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     (1) Improve pupil learning by creating schools with rigorous academic standards in all

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basic areas of instruction for high pupil performance;

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     (2) Increase learning opportunities for all pupils, with special emphasis on expanded

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learning experiences for pupils who are identified as educationally disadvantaged and at-risk;

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     (3) Charter schools must reflect the demographics of the sending district(s) in terms of

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special education, English language learners, and students who qualify for free and reduced price

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lunch. No new students shall be enrolled in charter schools or taken from waiting lists until

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equalized demographic numbers are met. Each charter school shall:

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     (i) Continuously readjust their pupil admissions to reflect this requirement;

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     (ii) Not admit a pupil or pupils not in conformance with the demographic requirement set

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out in this section;

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     (iii) Certify to the department of education and the general assembly, on a quarterly basis,

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that its admissions policy and pupil demographics are in conformance with the demographic

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requirements of this section; and

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     (iv) Submit an annual report to the department of education and the general assembly

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detailing the demographic breakdown of all pupils and the length of time such pupils attended the

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charter school during said school year.

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     (3)(4) Encourage the use of innovative teaching methods;

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     (4)(5) Create opportunities for teachers, including the opportunity to be responsible for

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the learning program at the school site;

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     (5)(6) Provide parents and pupils with expanded choices in the types of educational

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opportunities that are available within the public school system;

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     (6)(7) Hold the schools established under this chapter accountable for meeting publicly

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promulgated, measurable, state and charter-based pupil academic results, and provide the schools

 

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with a method to implement performance-based and/or other student-based accountability

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systems, while providing a means to restrict the expansion of ineffective charter public schools;

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and

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     (7)(8) Encourage parental and community involvement with public schools.

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     (d) No private or parochial schools shall be eligible for charter public school status, nor

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shall a charter public school be affiliated in any way with a sectarian school or religious

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institution. Any charter public school authorized by this chapter shall be nonsectarian and

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nonreligious in its programs, admissions policies, employment practices, and all other operations.

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The board of regents shall not approve a charter to a school whose overall operation or education

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program is managed by a for profit entity.

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     (e) The commissioner is empowered to promulgate rules and regulations consistent with

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this chapter, in conformance with chapter 35 of title 42, for the creation and operation of charter

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public schools. These rules and regulations shall set forth the process for rescission of state

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approval of a charter public school, including appropriate protections to ensure the continued

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provision of education services to the students of the charter public school whose charter is

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rescinded.

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     (f) All charter public schools shall adhere to financial record keeping, reporting, auditing

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requirements, and procedures as required by the Rhode Island department of education and in

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accordance with federal and state laws and regulations.

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     (g) No more than thirty-five (35) charters shall be granted. At least one-half (1/2) of the

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total number of charter public schools in the state shall be reserved for charter school applications

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which are designed to increase the educational opportunities for at-risk pupils.

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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 CHARTER PUBLIC SCHOOLS

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     This act would require charter school populations to reflect the combined demographics

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of the sending district(s) in terms of special education, English language learners, and students

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who qualify for free and reduced price lunch.

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     This act would take effect upon passage.

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