2020 -- H 7441 | |
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LC003995 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO EDUCATION | |
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Introduced By: Representatives Millea, O'Brien, Phillips, Hawkins, and Amore | |
Date Introduced: February 05, 2020 | |
Referred To: House Health, Education & Welfare | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 16-77-3.1 of the General Laws in Chapter 16-77 entitled |
2 | "Establishment of Charter Public Schools [See Title 16 Chapter 97 - The Rhode Island Board of |
3 | Education Act]" is hereby amended to read as follows: |
4 | 16-77-3.1. Legislative purpose. |
5 | (a) The purpose of this chapter is to provide an alternative within the public education |
6 | system by offering opportunities for entities identified in § 16-77-2.1 to establish and maintain a |
7 | high performing public school program according to the terms of a charter. The key appeal of the |
8 | charter school concept is its promise of increased accountability for student achievement in |
9 | exchange for increased school autonomy. |
10 | (b) Charter public schools are intended to be vanguards, laboratories, and an expression |
11 | of the on-going and vital state interest in the improvement of education. Notwithstanding the |
12 | provisions of this section or any law to the contrary, a charter school shall be deemed to be a |
13 | public school acting under state law and subject to the Age Discrimination Act of 1975, 42 U.S.C. |
14 | § 6101, et seq., title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., title IX of the |
15 | educational amendments of 1972, 20 U.S.C. § 1681, et seq., § 794 of title 29, and part B of the |
16 | Individuals With Disabilities Education Act, 20 U.S.C. § 1411, et seq. All students and |
17 | prospective students of a charter school shall be deemed to be public school students, having all |
18 | the same rights under federal and Rhode Island law as students and prospective students at a non- |
19 | chartered public school. These charter public schools shall be vehicles for research and |
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1 | development in areas such as curriculum, pedagogy, administration, materials, facilities, |
2 | governance, parent relations and involvement, social development, instructor's and administrator's |
3 | responsibilities, working conditions, student performance and fiscal accountability. It is the intent |
4 | of the general assembly to create within the public school system vehicles for innovative learning |
5 | opportunities to be utilized and evaluated in pilot projects. The provisions of this chapter are to be |
6 | interpreted liberally to support the purposes set forth in this chapter and to advance a renewed |
7 | commitment by the state to the mission, goals, and diversity of public education. |
8 | (c) It is the intent of the general assembly to provide opportunities for teachers, parents, |
9 | pupils, and community members to establish and maintain public schools that operate |
10 | independently as a method to accomplish all of the following: |
11 | (1) Improve pupil learning by creating schools with rigorous academic standards in all |
12 | basic areas of instruction for high pupil performance; |
13 | (2) Increase learning opportunities for all pupils, with special emphasis on expanded |
14 | learning experiences for pupils who are identified as educationally disadvantaged and at-risk; |
15 | (3) Encourage the use of innovative teaching methods; |
16 | (4) Create opportunities for teachers, including the opportunity to be responsible for the |
17 | learning program at the school site; |
18 | (5) Provide parents and pupils with expanded choices in the types of educational |
19 | opportunities that are available within the public school system; |
20 | (6) Hold the schools established under this chapter accountable for meeting publicly |
21 | promulgated, measurable, state and charter-based pupil academic results, and provide the schools |
22 | with a method to implement performance-based and/or other student-based accountability |
23 | systems, while providing a means to restrict the expansion of ineffective charter public schools; |
24 | and |
25 | (7) Encourage parental and community involvement with public schools. |
26 | (d) No private or parochial schools shall be eligible for charter public school status, nor |
27 | shall a charter public school be affiliated in any way with a sectarian school or religious |
28 | institution. Any charter public school authorized by this chapter shall be nonsectarian and |
29 | nonreligious in its programs, admissions policies, employment practices, and all other operations. |
30 | The board of regents shall not approve a charter to a school whose overall operation or education |
31 | program is managed by a for profit entity. |
32 | (e) The commissioner is empowered to promulgate rules and regulations consistent with |
33 | this chapter, in conformance with chapter 35 of title 42, for the creation and operation of charter |
34 | public schools. These rules and regulations shall set forth the process for rescission of state |
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1 | approval of a charter public school, including appropriate protections to ensure the continued |
2 | provision of education services to the students of the charter public school whose charter is |
3 | rescinded. |
4 | (f) All charter public schools shall adhere to financial record keeping, reporting, auditing |
5 | requirements, and procedures as required by the Rhode Island department of education and in |
6 | accordance with federal and state laws and regulations. |
7 | (g) No more than thirty-five (35) charters shall be granted. At least one-half (1/2) of the |
8 | total number of charter public schools in the state shall be reserved for charter school applications |
9 | which are designed to increase the educational opportunities for at-risk pupils. |
10 | (h) The council on elementary and secondary education shall not grant preliminary |
11 | approval or final approval for any new charter school to begin operation in the 2021-2022, 2022- |
12 | 2023 or 2023-2024 school years. The council on elementary and secondary education shall not |
13 | grant preliminary approval or final approval for any charter school expansion to be effective in |
14 | the 2021-2022, 2022-2023 or 2023-2024 school years. These restrictions shall be waived upon |
15 | enactment of revisions to the charter school funding formula in § 16-7.2-5. |
16 | SECTION 2. Section 16-77.2-2 of the General Laws in Chapter 16-77.2 entitled "District |
17 | Charter School [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby |
18 | amended to read as follows: |
19 | 16-77.2-2. Procedure for creation of district charter schools. |
20 | (a) Any persons or entities eligible to establish a district charter school may submit a |
21 | proposed charter to the commissioner and the school committee of the district where the district |
22 | charter school is to be located. The proposed charter shall: |
23 | (1) Be submitted to the commissioner and to the school committee of the district where |
24 | the district charter school is to be located no later than December 1st of the school year before the |
25 | school year in which the district charter school is to be established; |
26 | (2) Describe a plan for education, including the mission, objective, method of providing a |
27 | basic education, measurable student academic goals that the district charter school will meet, and |
28 | process for improving student learning and fulfilling the charter and fulfilling state and national |
29 | educational goals and standards; |
30 | (3) Provide a minimum of one hundred eighty (180) days of instruction to students per |
31 | year; |
32 | (4) Indicate performance criteria that will be used to measure student learning and to |
33 | comply with the charter, state, and national educational goals and standards; |
34 | (5) Include an agreement to provide a yearly report to parents, the community, the school |
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1 | committee of the district where the district charter school is to be located, and the commissioner, |
2 | which indicates the progress made by the district charter school during the previous year in |
3 | meeting the charter objectives; |
4 | (6) Present a plan for the governance, administration, and operation of the district charter |
5 | school, including the manner in which the governing board of the school will be chosen, the |
6 | nature and extent of parental, professional educator, and community involvement in the |
7 | governance and operation of the district charter school, and the means of ensuring accountability |
8 | to the commissioner, the school district of the district where the district charter school is to be |
9 | located, and the board of regents; |
10 | (7) Identify the building that will house the district charter school and from whom and |
11 | under what terms and conditions it is to be provided; |
12 | (8) Describe what support services will be provided by the school district and under what |
13 | terms and conditions those services are to be provided, and describe what support services the |
14 | district charter school will obtain directly from third-parties and, to the extent known, under what |
15 | terms and conditions those services are to be provided; |
16 | (9) Explain the procedures that will be followed to ensure the health and safety of pupils |
17 | and staff; |
18 | (10) Describe enrollment procedures including the permissible criteria for admission in |
19 | accordance with applicable state and federal law, along with a policy or policies that outline |
20 | outreach and recruitment programs to encourage the enrollment of a diverse student population; |
21 | (11) Explain the student discipline procedures; |
22 | (12) Explain the relationship that will exist between the proposed district charter school |
23 | and its employees, including the terms and conditions of employment and the qualifications that |
24 | the employees must meet. Teachers and administrators in district charter schools must be certified |
25 | pursuant to state law and regulation. Teachers and administrators in district charter schools shall |
26 | be entitled to prevailing wages and benefits as enjoyed by other public school teachers and |
27 | administrators within the school district where the district charter school is to be located and to |
28 | the state teachers' retirement system under chapter 8 of title 36. Employment in a district charter |
29 | school shall be considered "service" as that term is defined in chapter 16 of this title. All |
30 | employees and prospective employees of a district charter school shall be deemed to be public |
31 | school employees, having the same rights, including retirement, under Rhode Island and federal |
32 | law as employees and prospective employees at a non-chartered public school. |
33 | (13) Identify with particularity the state statutes, state regulations, and school district |
34 | rules from which variances are sought in order to facilitate operation of the district charter school. |
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1 | Explain the reasons for each variance and the alternative method by which the concern that gave |
2 | rise to the regulation or provision will be addressed; |
3 | (14) The proposed charter shall set forth those provisions of the collective bargaining |
4 | agreement which will not be applicable to that district charter school subject to agreement by the |
5 | parties to the collectively bargaining agreement; |
6 | (15) Provide a financial plan including a proposed budget for the term of the charter, and |
7 | an annual audit of the financial and administrative operations of the district charter school, and |
8 | the manner in which the funds allocated to the district charter school will be managed and |
9 | disbursed; |
10 | (16) Provide procedures by which teaching personnel and parents can legally challenge |
11 | decisions of the governing board of the school which do not conform to the school's charter; and |
12 | (17) Provide a copy of the proposed bylaws of the district charter school. |
13 | (b) In those instances where a charter is being sought for an existing public school, the |
14 | proposed charter must receive the affirmative votes of two-thirds (2/3) of the teachers assigned to |
15 | the school prior to implementation. If approved by the faculty, the proposed charter shall be voted |
16 | on by the parents or legal guardians of each student assigned to the school, with one vote being |
17 | cast for each student. To be adopted by the parents, the proposed charter must receive the |
18 | affirmative votes of parents or legal guardians representing a majority of all the students assigned |
19 | to the school. |
20 | (c) In those instances where a charter is being sought for a newly created district charter |
21 | school, the proposed charter must receive the affirmative support of a number of certified |
22 | teachers employed within the school district where the district charter school is to be located at |
23 | least equal to two-thirds (2/3) of the number of teachers that will be required to staff the proposed |
24 | district charter school. The teachers who affirmatively support the proposed charter must state |
25 | their desire to transfer to the district charter school, once established, and to teach under the terms |
26 | of the charter. To demonstrate parental support within the school district, the charter must receive |
27 | the affirmative support of parents or legal guardians representing a number of students currently |
28 | enrolled in the school district equal to at least one-half (1/2) of the number of students who would |
29 | be needed to attend the proposed district charter school. The parents or guardians must state their |
30 | desire to have their children transfer to the district charter school, once established, and to be |
31 | educated under the terms of the charter. The charter may then be presented by the commissioner |
32 | to the board of regents for its approval. The charter shall set forth those provisions of state statute, |
33 | regulation, and school district rules which will not be applicable to that district charter school |
34 | (d) By approval of the charter upon the recommendation of the commissioner, the board |
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1 | of regents will be deemed to have authorized all necessary variances from law and regulation |
2 | enumerated in the charter. Should the need for relief from the operation of additional provisions |
3 | of law and/or contract become apparent subsequent to implementation of the charter, a variance |
4 | may be obtained by an affirmative vote of two-thirds (2/3) of the teachers then assigned to the |
5 | school, agreement by all parties to the collective bargaining agreement and by an affirmative vote |
6 | of the board of regents upon a recommendation of the commissioner. |
7 | (e) The council on elementary and secondary education shall not grant preliminary |
8 | approval or final approval for any district charter school to begin operation in the 2021-2022, |
9 | 2022-2023 or 2023-2024 school years. The council on elementary and secondary education shall |
10 | not grant preliminary approval or final approval for any district charter school expansion to be |
11 | effective in the 2021-2022, 2022-2023 or 2023-2024 school years. These restrictions shall be |
12 | waived upon enactment of revisions to the charter school funding formula in § 16-7.2-5. |
13 | SECTION 3. Section 16-77.3-2 of the General Laws in Chapter 16-77.3 entitled |
14 | "Independent Charter Schools [See Title 16 Chapter 97 - The Rhode Island Board of Education |
15 | Act]" is hereby amended to read as follows: |
16 | 16-77.3-2. Procedure for creation and expansion of independent charter schools. |
17 | (a) Any persons or entities eligible to establish an independent charter public school may |
18 | submit a proposed charter, or an amendment to a charter for an expansion, to the commissioner. |
19 | For purposes of this chapter, "expansion" shall be an increase in total enrollment; an increase in |
20 | the grade levels previously authorized in the charter, or the addition of a school district to the |
21 | catchment area. The proposed charter shall: |
22 | (1) Be submitted to the commissioner no later than December 1st of the school year |
23 | before the school year in which the independent charter school is to be established; |
24 | (2) Describe a plan for education, including the mission, objective, method of providing a |
25 | basic education, measurable student academic goals that the independent charter school will meet, |
26 | and process for improving student learning and fulfilling the charter and fulfilling state and |
27 | national educational goals and standards; |
28 | (3) Provide a minimum of one hundred eighty (180) days of instruction to students per |
29 | year; |
30 | (4) Indicate performance criteria that will be used to measure student learning and to |
31 | comply with the charter, state, and national educational goals and standards; |
32 | (5) Include an agreement to provide a yearly report to parents, the community, the |
33 | sending school districts, and the commissioner, that indicates the progress made by the |
34 | independent charter school during the previous year in meeting the charter objectives; |
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1 | (6) Present a plan for the governance, administration, and operation of the independent |
2 | charter school, including the manner in which the governing board of the school will be chosen, |
3 | the nature and extent of parental, professional educator, and community involvement in the |
4 | governance and operation of the independent charter school, and the means of ensuring |
5 | accountability to the commissioner, the sending school districts, and the council on elementary |
6 | and secondary education; |
7 | (7) Identify the building that will house the independent charter school and from whom, |
8 | and under what terms and conditions, it is to be provided; |
9 | (8) Describe what support services will be provided by the sending school district(s), and |
10 | under what terms and conditions those services are to be provided, and describe what support |
11 | services the independent charter school will obtain directly from third parties and, to the extent |
12 | known, under what terms and conditions those services are to be provided; |
13 | (9) Explain the procedures that will be followed to ensure the health and safety of pupils |
14 | and staff; |
15 | (10) Describe enrollment procedures, including the permissible criteria for admission in |
16 | accordance with applicable state and federal law, along with a policy, or policies, that outline |
17 | outreach and recruitment programs to encourage the enrollment of a diverse student population; |
18 | (11) Explain the student discipline procedures; |
19 | (12) Explain the relationship that will exist between the proposed independent charter |
20 | school and its employees, including the terms and conditions of employment and the |
21 | qualifications that the employees must meet. Teachers and administrators in independent charter |
22 | schools must be certified pursuant to state law and regulation. Teachers and administrators in |
23 | independent charter schools shall be entitled to prevailing wages and benefits as enjoyed by other |
24 | Rhode Island public school teachers and administrators. Employment in an independent charter |
25 | school shall be considered "service" as that term is defined in chapter 16 of this title for purposes |
26 | of determining the appropriate step on a salary schedule for certified personnel. Employment in |
27 | an independent charter school can be considered "service" as that term is defined in chapter 16 of |
28 | this title for determining status in the teachers' retirement system. All employees, and prospective |
29 | employees of an independent charter school shall be deemed to be public school employees, |
30 | having the same rights under Rhode Island and federal law as employees, and prospective |
31 | employees at a non-chartered public school; |
32 | (13) Identify, with particularity, the state statutes, state regulations, and sending school |
33 | district(s) rules from which variances are sought in order to facilitate operation of the independent |
34 | charter school. Explain the reasons for each variance and the alternative method by which the |
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1 | concern that gave rise to the regulation or provision will be addressed; |
2 | (14) Provide a financial plan, including a proposed budget for the term of the charter, and |
3 | an annual audit of the financial and administrative operations of the independent charter school, |
4 | and the manner in which the funds allocated to the independent charter school will be managed |
5 | and disbursed; |
6 | (15) Provide procedures by which teaching personnel and parents can legally challenge |
7 | decisions of the governing board of the school that do not conform to the school's charter; |
8 | (16) Provide a copy of the proposed bylaws of the independent charter school; and |
9 | (17) Provide written support from town or city council(s) in the proposed catchment area |
10 | if required pursuant to § 16-77-5.1. |
11 | (b) Any nonprofit organization that seeks to establish an independent charter school must |
12 | submit its financial records and financial plan for operating the school to the auditor general, who |
13 | shall review the records, the financial plan, and the financial integrity of the organization. At the |
14 | time of submission of a proposed charter, the financial records and financial recordkeeping |
15 | system of the nonprofit organization and the proposed financial plan for the independent charter |
16 | school shall be reviewed by the auditor general and the auditor general shall, while the proposed |
17 | charter is being considered for preliminary approval by the council on elementary and secondary |
18 | education, provide an initial determination to the council on elementary and secondary education, |
19 | the commissioner, and the speaker of the house of representatives and the president of the senate |
20 | indicating that the auditor general is satisfied that the nonprofit organization is financially |
21 | responsible. Final approval for operation of the independent charter school shall not be granted by |
22 | the council on elementary and secondary education until the auditor general has approved the |
23 | financial plan and financial-record keeping system and is satisfied that the nonprofit organization |
24 | is financially responsible. The auditor general shall notify the council on elementary and |
25 | secondary education, the commissioner, the president of the senate, and the speaker of the house |
26 | of representatives of the findings. During the year immediately preceding the September in which |
27 | the independent charter school is to begin operation, the charter applicant shall make any |
28 | additional submissions to the auditor general prescribed by the auditor general in the initial |
29 | determination. Additional submissions during the year prior to the September in which the |
30 | independent charter school is to begin operation shall include, but not be limited to evidence |
31 | submitted to the auditor general, not later than June 1st prior to the opening of the independent |
32 | charter school, of the existence of an agreement, option for lease or purchase, lease agreement, or |
33 | purchase agreement, contingent upon general assembly funding, for a facility in which the |
34 | independent charter school will operate in its first year of operation. The auditor general shall |
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1 | have the authority to review independent charter schools affiliated with nonprofit organizations |
2 | on an annual basis or require the school to have an annual, certified audit in accordance with the |
3 | same federal and state standards that are applicable to local public school districts. If, as a result |
4 | of any annual audit, the auditor general believes there are financial irregularities, the auditor |
5 | general shall withdraw the original approval and the council on elementary and secondary |
6 | education shall withdraw its approval for the independent charter school to continue operation. |
7 | (c) The council on elementary and secondary education shall not grant preliminary |
8 | approval or final approval for any new independent charter school to begin operation in the 2021- |
9 | 2022, 2022-2023 or 2023-2024 school years. The council on elementary and secondary education |
10 | shall not grant preliminary approval or final approval for any independent charter school |
11 | expansion to be effective in the 2021-2022, 2022-2023 or 2023-2024 school years. These |
12 | restrictions shall be waived upon enactment of revisions to the charter school funding formula in |
13 | § 16-7.2-5. |
14 | SECTION 4. Section 16-77.4-2 of the General Laws in Chapter 16-77.4 entitled |
15 | "Mayoral Academies [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is |
16 | hereby amended to read as follows: |
17 | 16-77.4-2. Procedure for creation and expansion of a mayoral academy. |
18 | (a) Any persons or entities eligible to establish a mayoral academy may submit a |
19 | proposed charter, or an amendment to a charter for an expansion, to the commissioner. For |
20 | purposes of this chapter, "expansion" shall be an increase in total enrollment; an increase in the |
21 | grade levels previously authorized in the charter; or the addition of a school district to the |
22 | catchment area. The proposed charter shall: |
23 | (1) Be submitted to the commissioner no later than December 1st of the school year |
24 | before the school year in which the mayoral academy is to be established; |
25 | (2) Describe a plan for education, including the mission, objective, method of providing a |
26 | basic education, measurable student academic goals that the mayoral academy will meet, and |
27 | process for improving student learning and fulfilling the charter and fulfilling state and national |
28 | educational goals and standards; |
29 | (3) Provide a minimum of one hundred eighty (180) days of instruction to students per |
30 | year; |
31 | (4) Indicate performance criteria that will be used to measure student learning and to |
32 | comply with the charter, state, and national educational goals and standards; |
33 | (5) Include an agreement to provide a yearly report to parents, the community, the school |
34 | committee of the sending districts, and the commissioner, that indicates the progress made by the |
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1 | mayoral academy during the previous year in meeting the charter objectives; |
2 | (6) Present a plan for the governance, administration, and operation of the mayoral |
3 | academy, including the manner in which the governing board of the school will be chosen, the |
4 | nature and extent of parental, professional educator, and community involvement in the |
5 | governance and operation of the mayoral academy, and the means of ensuring accountability to |
6 | the commissioner, the sending school district(s), and the council on elementary and secondary |
7 | education; |
8 | (7) Identify the building that will house the mayoral academy and from whom and under |
9 | what terms and conditions it is to be provided; |
10 | (8) Describe what support services will be provided by the sending school district(s) and |
11 | under what terms and conditions those services are to be provided, and describe what support |
12 | services the mayoral academy will obtain directly from third parties and, to the extent known, |
13 | under what terms and conditions those services are to be provided; |
14 | (9) Explain the procedures that will be followed to ensure the health and safety of pupils |
15 | and staff; |
16 | (10) Describe enrollment procedures, including the permissible criteria for admission in |
17 | accordance with applicable state and federal law, along with a policy, or policies, that outline |
18 | outreach and recruitment programs to encourage the enrollment of a diverse student population; |
19 | (11) Explain the student discipline procedures; |
20 | (12) Explain the relationship that will exist between the proposed mayoral academy and |
21 | its employees, including the terms and conditions of employment and the qualifications that the |
22 | employees must meet. Teachers and administrators in mayoral academies must be certified |
23 | pursuant to state law and regulation. |
24 | (13) Each mayoral academy established pursuant to this chapter may, by written notice to |
25 | the commissioner of elementary and secondary education, elect to have this subsection apply (or |
26 | not apply) to its teachers, administrators, and employees: |
27 | (i) Teachers and administrators in a mayoral academy shall be entitled to prevailing |
28 | wages and benefits as enjoyed by other public school teachers and administrators; |
29 | (ii) Teachers and administrators in a mayoral academy shall be entitled to participate in |
30 | the state teachers' retirement system under chapter 8 of title 36; |
31 | (iii) Employment in a mayoral academy shall be considered "service" as that term is |
32 | defined in chapter 16 of this title. |
33 | (14) Identify, with particularity, the state laws, state regulations, and school district rules |
34 | from which variances are sought in order to facilitate operation of the mayoral academy. Explain |
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1 | the reasons for each variance and the alternative method by which the concern that gave rise to |
2 | the regulation or provision will be addressed; |
3 | (15) Provide a financial plan, including a proposed budget for the term of the charter, and |
4 | an annual audit of the financial and administrative operations of the mayoral academy, and the |
5 | manner in which the funds allocated to the mayoral academy will be managed and disbursed; |
6 | (16) Provide procedures by which teaching personnel and parents can legally challenge |
7 | decisions of the governing board of the mayoral academy that do not conform to the mayoral |
8 | academy's charter; |
9 | (17) Provide a copy of the proposed bylaws of the mayoral academy; and |
10 | (18) Provide written support from the town or city council(s) in the proposed catchment |
11 | area if required pursuant to § 16-77-5.1. |
12 | (b) The council on elementary and secondary education shall not grant preliminary |
13 | approval or final approval for any new mayoral academy to begin operation in the 2021-2022, |
14 | 2022-2023 or 2023-2024 school years. The council on elementary and secondary education shall |
15 | not grant preliminary approval or final approval for any mayoral academy expansion to be |
16 | effective in the 2021-2022, 2022-2023 or 2023-2024 school years. These restrictions shall be |
17 | waived upon enactment of revisions to the charter school funding formula in § 16-7.2-5. |
18 | SECTION 5. 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 | |
*** | |
1 | This act would restrict the creation or expansion of charter schools and mayoral |
2 | academies for the school years 2021-2022 through 2023-2024. This restriction shall be waived |
3 | upon revision to the charter school funding formula in § 16-7.2-5. |
4 | This act would take effect upon passage. |
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