2021 -- H 6021 SUBSTITUTE A AS AMENDED | |
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LC001870/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
____________ | |
A N A C T | |
RELATING TO EDUCATION | |
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Introduced By: Representatives Ajello, McNamara, Kislak, Felix, Williams, Barros, | |
Date Introduced: February 26, 2021 | |
Referred To: House Education | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 16-1-5 of the General Laws in Chapter 16-1 entitled "State |
2 | Department of Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island |
3 | Board of Education Act]" is hereby amended to read as follows: |
4 | 16-1-5. Duties of commissioner of elementary and secondary education. |
5 | It shall be the duty of the commissioner of elementary and secondary education: |
6 | (1) To carry out the policies and program formulated by the council on elementary and |
7 | secondary education. |
8 | (2) To evaluate credentials of applicants for certificates, to verify that the certification of |
9 | teachers is in accordance with law and established standards, and to issue certificates at the direction |
10 | of the board. |
11 | (3) To certify the approval of accredited schools. |
12 | (4) To recommend to the board an outline of the subjects and courses of study and the |
13 | instructional standards for elementary and secondary schools. |
14 | (5) To approve the distribution of state school funds in accordance with law and the |
15 | regulations of the board. |
16 | (6) To verify that school sites and school building plans are in accordance with law and |
17 | regulations. |
18 | (7) To exercise supervision over school libraries and library services. |
19 | (8) To certify that school bus routes and schedules and all contracts for pupil transportation |
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1 | conform with provisions of law and the rules and regulations of the board. |
2 | (9) To require the observance of all laws relating to schools and education. |
3 | (10) To interpret school law and to decide such controversies as may be appealed to the |
4 | commissioner from decisions of local school committees. |
5 | (11) To prepare and recommend standard forms for the use of local schools. |
6 | (12)(i) To prepare, with the assistance of the department of administration, manuals of |
7 | uniform budgetary and standard financial records and procedures for local school officers. The |
8 | board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989, |
9 | and those procedures should include, at a minimum, the following: |
10 | (A) Provision for uniform classification of revenues and expenditures; |
11 | (B) Requirements of detailed expenditure estimates and a table of organization including |
12 | the proposed staffing of each school; |
13 | (C) Estimates of receipts and expenditures for the last two (2) completed fiscal years, the |
14 | current and ensuing fiscal years; and |
15 | (ii) To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000) not |
16 | otherwise appropriated shall be included in the appropriation made to support the department of |
17 | elementary and secondary education. |
18 | (13) To receive general supervision from the council on elementary and secondary |
19 | education and to appoint the several officers and employees of the department subject to the |
20 | provisions of the state merit system act, chapters 3 and 4 of title 36. |
21 | (14) To establish health education, alcohol and substance abuse programs for students in |
22 | grades kindergarten (K) through twelve (12), in accordance with § 35-4-18. The program will |
23 | consist of the following: A mandated state health education, alcohol and substance abuse |
24 | curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in the |
25 | areas of health, fitness, alcohol and substance abuse, and an in-service training program that will |
26 | be developed specifically for the implementation of the mandated curriculum. |
27 | (15)(i) To appoint a three-member (3) committee for the purpose of choosing a "teacher of |
28 | the year" among teachers in public school grades kindergarten (K) through twelve (12). The |
29 | "teacher of the year" shall receive an award of one thousand dollars ($1,000). |
30 | (ii) It is the intent of the general assembly that the funds necessary to carry out the |
31 | provisions of this subdivision shall be provided within the annual appropriations act. |
32 | (16) To institute a process to review, revise, and adopt statewide academic standards that |
33 | align with state assessments for the core subjects of mathematics, English language arts, science |
34 | and technology, history and social studies, world languages, and the arts. |
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1 | (17) To institute a process for adapting, adopting, and developing curriculum frameworks |
2 | for mathematics, English language arts, science and technology, history and social studies, world |
3 | languages, and the arts covered by the academic standards. |
4 | (18) To institute a process for reviewing and identifying high-quality curriculum and |
5 | materials in mathematics, English language arts, and science and technology. |
6 | (19) To prepare each year a plan for providing statewide assistance in the preparation and |
7 | implementation of professional development plans. |
8 | (20) To promulgate rules and regulations relating to school-run lotteries of all eligible |
9 | public school students and incoming kindergarten students for admission or waiting list to a charter |
10 | school or mayoral academy established pursuant to chapters 77 through 77.4 of this title for which |
11 | they would be eligible to attend if offered. Notwithstanding the foregoing provision, the lottery |
12 | process shall not apply to charter schools or mayoral academies created with the purpose of offering |
13 | specialized training and education in specific fields of study or targeting at risk groups approved |
14 | by the commissioner. |
15 | (21) To provide each charter school or mayoral academy established pursuant to chapters |
16 | 77 through 77.4 of this title with the data collected and disseminated from each sending district |
17 | pursuant to § 16-2-36(c). |
18 | SECTION 2. Chapter 16-2 of the General Laws entitled "School Committees and |
19 | Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby |
20 | amended by adding thereto the following section: |
21 | 16-2-36. Charter schools -- Lottery process and responsibilities. |
22 | (a) The department of education shall coordinate with each school district so that all |
23 | eligible public school students are provided the opportunity to participate in a lottery for enrollment |
24 | in a charter school or mayoral academy established pursuant to chapters 77 through 77.4 of this |
25 | title for which they would be eligible to attend if offered. |
26 | (b) The parent or guardian of an eligible public school student may inform the sending |
27 | public school district or the department of education of their intent to not have their child entered |
28 | into the lottery to be offered enrollment in a charter school or mayoral academy. |
29 | (c) The sending districts shall provide student data to the department of education by |
30 | February 1 of each year to ensure eligible public school students are entered in the lottery for |
31 | enrollment. |
32 | (d) The parent or guardian of a student not registered in the school district for which they |
33 | are eligible to register may provide the student’s data to the department of education by February |
34 | 1 to ensure the student is entered in the lottery for enrollment. |
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1 | (e) The parent or guardian of a student not residing in the school district for which they |
2 | would be eligible to register at the time of the lottery may, with an acknowledgment that they intend |
3 | to be registered in the school district at the commencement of the school year, provide the student’s |
4 | data to the department of education by February 1 to ensure the student is entered in the lottery for |
5 | enrollment. |
6 | SECTION 3. Sections 16-77.2-1, 16-77.2-2, 16-77.2-4 and 16-77.2-7 of the General Laws |
7 | in Chapter 16-77.2 entitled "District Charter School [See Title 16 Chapter 97 - The Rhode Island |
8 | Board of Education Act]" are hereby amended to read as follows: |
9 | 16-77.2-1. Entities eligible to apply to become district charter schools. |
10 | (a) Persons or entities eligible to submit an application to establish a district charter school |
11 | shall be limited to: |
12 | (1) Existing public schools; |
13 | (2) Groups of public school personnel; |
14 | (3) Public school districts; or |
15 | (4) A group of school districts. |
16 | (b) No existing public school shall be converted into a district charter school unless a |
17 | majority of the parents and/or guardians of the students currently assigned to the school and two- |
18 | thirds (2/3) of the certified teaching personnel currently assigned to the school approve the |
19 | proposed charter, as provided in § 16-77.2-2. |
20 | (c) School professionals employed by a local or regional school committee or the State of |
21 | Rhode Island shall be entitled to a two (2) year leave of absence, without compensation, in order to |
22 | be employed in a district charter school, provided this leave shall be extended upon request for an |
23 | additional two (2) years. At any time during or upon completion of this leave of absence, a school |
24 | professional may return to work in the school district in the position in which he or she was |
25 | previously employed or a comparable position. This leave of absence shall not be deemed to be an |
26 | interruption of service for purposes of seniority and teachers' retirement. |
27 | (d) No child shall be required to attend a district charter school nor shall any teacher be |
28 | required to teach in a district charter school. The school committee shall make accommodations to |
29 | facilitate the transfer of students who do not wish to participate in the district charter school into |
30 | other public schools. It shall also make accommodations for those students who wish to participate |
31 | to transfer into the district charter school as space permits. If the total number of students who are |
32 | eligible to attend and apply to a district charter school is greater than the number of spaces available, |
33 | the charter school shall conduct a lottery to determine which students shall be admitted. |
34 | (e) Notwithstanding students who are otherwise eligible for enrollment prioritization as |
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1 | siblings of currently enrolled students or children of staff, all remaining openings shall be offered |
2 | to those students selected though the lottery process established by the department of education. |
3 | (f) Nothing in this chapter shall preclude any eligible public school student of any age for |
4 | enrollment in a district charter school for which they would be eligible if offered. District charter |
5 | schools may not discriminate on the basis of an applicant’s race, ethnicity, socioeconomic status, |
6 | ability, religion, gender, and/or sexual orientation. |
7 | 16-77.2-2. Procedure for creation of district charter schools. |
8 | (a) Any persons or entities eligible to establish a district charter school may submit a |
9 | proposed charter to the commissioner and the school committee of the district where the district |
10 | charter school is to be located. The proposed charter shall: |
11 | (1) Be submitted to the commissioner and to the school committee of the district where the |
12 | district charter school is to be located no later than December 1st of the school year before the |
13 | school year in which the district charter school is to be established; |
14 | (2) Describe a plan for education, including the mission, objective, method of providing a |
15 | basic education, measurable student academic goals that the district charter school will meet, and |
16 | process for improving student learning and fulfilling the charter and fulfilling state and national |
17 | educational goals and standards; |
18 | (3) Provide a minimum of one hundred eighty (180) days of instruction to students per |
19 | year; |
20 | (4) Indicate performance criteria that will be used to measure student learning and to |
21 | comply with the charter, state, and national educational goals and standards; |
22 | (5) Include an agreement to provide a yearly report to parents, the community, the school |
23 | committee of the district where the district charter school is to be located, and the commissioner, |
24 | which indicates the progress made by the district charter school during the previous year in meeting |
25 | the charter objectives; |
26 | (6) Present a plan for the governance, administration, and operation of the district charter |
27 | school, including the manner in which the governing board of the school will be chosen, the nature |
28 | and extent of parental, professional educator, and community involvement in the governance and |
29 | operation of the district charter school, and the means of ensuring accountability to the |
30 | commissioner, the school district of the district where the district charter school is to be located, |
31 | and the board of regents; |
32 | (7) Identify the building that will house the district charter school and from whom and |
33 | under what terms and conditions it is to be provided; |
34 | (8) Describe what support services will be provided by the school district and under what |
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1 | terms and conditions those services are to be provided, and describe what support services the |
2 | district charter school will obtain directly from third-parties and, to the extent known, under what |
3 | terms and conditions those services are to be provided; |
4 | (9) Explain the procedures that will be followed to ensure the health and safety of pupils |
5 | and staff; |
6 | (10) Describe enrollment procedures including the permissible criteria for admission in |
7 | accordance with applicable state and federal law and the use of the lottery process approved by the |
8 | department of education, along with a policy or policies that outline outreach and recruitment |
9 | programs to encourage the enrollment of a diverse student population; |
10 | (11) Explain the student discipline procedures; |
11 | (12) Explain the relationship that will exist between the proposed district charter school |
12 | and its employees, including the terms and conditions of employment and the qualifications that |
13 | the employees must meet. Teachers and administrators in district charter schools must be certified |
14 | pursuant to state law and regulation. Teachers and administrators in district charter schools shall be |
15 | entitled to prevailing wages and benefits as enjoyed by other public school teachers and |
16 | administrators within the school district where the district charter school is to be located and to the |
17 | state teachers' retirement system under chapter 8 of title 36. Employment in a district charter school |
18 | shall be considered "service" as that term is defined in chapter 16 of this title. All employees and |
19 | prospective employees of a district charter school shall be deemed to be public school employees, |
20 | having the same rights, including retirement, under Rhode Island and federal law as employees and |
21 | prospective employees at a non-chartered public school. |
22 | (13) Identify with particularity the state statutes, state regulations, and school district rules |
23 | from which variances are sought in order to facilitate operation of the district charter school. |
24 | Explain the reasons for each variance and the alternative method by which the concern that gave |
25 | rise to the regulation or provision will be addressed; |
26 | (14) The proposed charter shall set forth those provisions of the collective bargaining |
27 | agreement which will not be applicable to that district charter school subject to agreement by the |
28 | parties to the collectively bargaining agreement; |
29 | (15) Provide a financial plan including a proposed budget for the term of the charter, and |
30 | an annual audit of the financial and administrative operations of the district charter school, and the |
31 | manner in which the funds allocated to the district charter school will be managed and disbursed; |
32 | (16) Provide procedures by which teaching personnel and parents can legally challenge |
33 | decisions of the governing board of the school which do not conform to the school's charter; and |
34 | (17) Provide a copy of the proposed bylaws of the district charter school; and |
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1 | (18) Provide a detailed copy of the district charter school’s lottery and enrollment process, |
2 | including but not limited to, the offer and acceptance process, the right to refuse an offer and the |
3 | effect of siblings not attending the school. |
4 | (b) In those instances where a charter is being sought for an existing public school, the |
5 | proposed charter must receive the affirmative votes of two-thirds (2/3) of the teachers assigned to |
6 | the school prior to implementation. If approved by the faculty, the proposed charter shall be voted |
7 | on by the parents or legal guardians of each student assigned to the school, with one vote being cast |
8 | for each student. To be adopted by the parents, the proposed charter must receive the affirmative |
9 | votes of parents or legal guardians representing a majority of all the students assigned to the school. |
10 | (c) In those instances where a charter is being sought for a newly created district charter |
11 | school, the proposed charter must receive the affirmative support of a number of certified teachers |
12 | employed within the school district where the district charter school is to be located at least equal |
13 | to two-thirds (2/3) of the number of teachers that will be required to staff the proposed district |
14 | charter school. The teachers who affirmatively support the proposed charter must state their desire |
15 | to transfer to the district charter school, once established, and to teach under the terms of the charter. |
16 | To demonstrate parental support within the school district, the charter must receive the affirmative |
17 | support of parents or legal guardians representing a number of students currently enrolled in the |
18 | school district equal to at least one-half (1/2) of the number of students who would be needed to |
19 | attend the proposed district charter school. The parents or guardians must state their desire to have |
20 | their children transfer to the district charter school, once established, and to be educated under the |
21 | terms of the charter. The charter may then be presented by the commissioner to the board of regents |
22 | for its approval. The charter shall set forth those provisions of state statute, regulation, and school |
23 | district rules which will not be applicable to that district charter school |
24 | (d) By approval of the charter upon the recommendation of the commissioner, the board of |
25 | regents will be deemed to have authorized all necessary variances from law and regulation |
26 | enumerated in the charter. Should the need for relief from the operation of additional provisions of |
27 | law and/or contract become apparent subsequent to implementation of the charter, a variance may |
28 | be obtained by an affirmative vote of two-thirds (2/3) of the teachers then assigned to the school, |
29 | agreement by all parties to the collective bargaining agreement and by an affirmative vote of the |
30 | board of regents upon a recommendation of the commissioner. |
31 | 16-77.2-4. Revocation of the charter of a district charter school. |
32 | (a) The board of regents may revoke the charter of a district charter school at any time, |
33 | pursuant to § 16-77-5.1, if the school: |
34 | (1) Materially violates any of the provisions contained in the charter; |
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1 | (2) Fails to meet or pursue the educational objectives contained in the charter; |
2 | (3) Fails to comply with fiscal accountability procedures as specified in the charter; |
3 | (4) Violates provisions of law that have not been granted variance by the board of regents; |
4 | or |
5 | (5) Fails to base its offer of enrollment on criteria prescribed by § 16-77.2-1(e); |
6 | (6) Bases its offer of enrollment on criteria that is not in accordance with state or federal |
7 | law; or |
8 | (5)(7) After three (3) consecutive years of operation, is not a "high-performing charter |
9 | school," defined as a charter public school that has demonstrated overall success, including: (i) |
10 | Substantial progress in improving student achievement and (ii) The management and leadership |
11 | necessary to establish a thriving, financially viable charter public school. |
12 | (b) After denying or prior to non-renewing or revoking a charter, the department of |
13 | elementary and secondary education will hold a hearing on the issues in controversy under § 16- |
14 | 39-1. |
15 | 16-77.2-7. Portions of title 16 applicable to district charter schools. |
16 | The following provisions of this title shall be binding on district charter schools and may |
17 | not be waived by the commissioner under § 16-77.2-3: |
18 | (1) Section 16-2-2 (minimum length of school year); |
19 | (2) Section 16-2-17 (right to a safe school); |
20 | (3) Section 16-8-10 (federal funds for school lunch); |
21 | (4) Section 16-11-1 (certification of public school teachers); |
22 | (5) Section 16-12-3 (duty to cultivate principles of morality); |
23 | (6) Section 16-12-10 (immunity for report of suspected substance abuse); |
24 | (7) Chapter 13 (teachers' tenure); |
25 | (8) Chapter 16 (teachers' retirement); |
26 | (9) Section 16-19-1 (compulsory attendance); |
27 | (10) Section 16-20-1 (school holidays enumerated); |
28 | (11) Sections 16-21-3 and 16-21-4 (fire safety); |
29 | (12) Sections 16-21-10, 16-21-14, and 16-21-16 (health screenings); |
30 | (13) Section 16-22-9 (uniform testing); |
31 | (14) Section 16-24-2 (regulations of state board); |
32 | (15) Section 16-38-1 (discrimination because of race or age); |
33 | (16) Section 16-38-1.1 (discrimination because of sex); |
34 | (17) Section 16-38-2 (immunizations); |
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1 | (18) Section 16-38-4 (exclusive club); |
2 | (19) Section 16-38-6 (commercial activities prohibited); |
3 | (20) Section 16-38-9 (misconduct of school officers); |
4 | (21) Section 16-38-10 (power of officials to visit schools); |
5 | (22) Section 16-39-1 (appeal of matters of dispute to commissioner); |
6 | (23) Section 16-39-2 (appeal of school committee actions to commissioner); |
7 | (24) Section 16-39-3 (appeal to state board); |
8 | (25) Section 16-39-3.1 (enforcement of final decision); |
9 | (26) Section 16-39-3.2 (interim protective orders); |
10 | (27) Section 16-39-8 (subpoena power of commissioner); |
11 | (28) Section 16-40-16 (student records); |
12 | (29) Section 16-71-1 (Educational Record Bill of Rights Act). |
13 | (30) Chapter 16-21-21.1 (Penalties for drug, alcohol or weapons offenses); |
14 | (31) Chapter 16-21.5 (Student interrogations); and |
15 | (32) Section 16-1-5(20) (lottery process). |
16 | SECTION 4. Chapter 16-77.2 of the General Laws entitled "District Charter School [See |
17 | Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding |
18 | thereto the following section: |
19 | 16-77.2-3.1. Enrollment process. |
20 | (a) Upon completion of its annual lottery process each district charter school shall notify |
21 | the department of education of the results and the district charter school shall offer enrollments |
22 | according to its approved charter to those students selected in the random lottery. |
23 | (b) A student may choose to accept the offer, or reject said offer to enroll. |
24 | (1) In the event a student rejects the invitation to enroll, another student shall be selected |
25 | from the waitlist, pursuant to the district charter school’s approved charter, until all available slots |
26 | for students are filled. |
27 | (c) Nothing in this section shall preclude a district charter school from enrolling students |
28 | who are otherwise eligible for enrollment prioritization as siblings of currently enrolled students or |
29 | children of staff. |
30 | SECTION 5. Sections 16-77.3-1, 16-77.3-2, 16-77.3-4 and 16-77.3-7 of the General Laws |
31 | in Chapter 16-77.3 entitled "Independent Charter Schools [See Title 16 Chapter 97 - The Rhode |
32 | Island Board of Education Act]" are hereby amended to read as follows: |
33 | 16-77.3-1. Entities eligible to apply to become independent charter schools. |
34 | (a) Persons or entities eligible to submit an application to establish an independent charter |
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1 | school shall be limited to: |
2 | (1) Rhode Island nonprofit organizations provided that these nonprofit organizations shall |
3 | have existed for at least two (2) years and must exist for a substantial reason other than to operate |
4 | a school; or |
5 | (2) Colleges or universities within the State of Rhode Island. |
6 | (b) No child shall be required to attend an independent charter school nor shall any teacher |
7 | be required to teach in an independent charter school. The sending school district shall make |
8 | accommodations for those students who wish to participate to transfer into an independent charter |
9 | school as space permits. If the total number of students who are eligible to attend and apply to an |
10 | independent charter school is greater than the number of spaces available, the independent charter |
11 | school shall conduct a lottery to determine which students shall be admitted. |
12 | (c) Notwithstanding students who are otherwise eligible for enrollment prioritization as |
13 | siblings of currently enrolled students or children of staff, all remaining openings shall be offered |
14 | to those students selected though the lottery process established by the department of education. |
15 | (d) Nothing in this chapter shall preclude any eligible public school student of any age for |
16 | enrollment in an independent charter school for which they would be eligible if offered. |
17 | Independent charter schools may not discriminate on the basis of an applicant’s race, ethnicity, |
18 | socioeconomic status, ability, religion, gender, and/or sexual orientation. |
19 | 16-77.3-2. Procedure for creation and expansion of independent charter schools. |
20 | (a) Any persons or entities eligible to establish an independent charter public school may |
21 | submit a proposed charter, or an amendment to a charter for an expansion, to the commissioner. |
22 | For purposes of this chapter, "expansion" shall be an increase in total enrollment; an increase in the |
23 | grade levels previously authorized in the charter, or the addition of a school district to the catchment |
24 | area. The proposed charter shall: |
25 | (1) Be submitted to the commissioner no later than December 1st of the school year before |
26 | the school year in which the independent charter school is to be established; |
27 | (2) Describe a plan for education, including the mission, objective, method of providing a |
28 | basic education, measurable student academic goals that the independent charter school will meet, |
29 | and process for improving student learning and fulfilling the charter and fulfilling state and national |
30 | educational goals and standards; |
31 | (3) Provide a minimum of one hundred eighty (180) days of instruction to students per |
32 | year; |
33 | (4) Indicate performance criteria that will be used to measure student learning and to |
34 | comply with the charter, state, and national educational goals and standards; |
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1 | (5) Include an agreement to provide a yearly report to parents, the community, the sending |
2 | school districts, and the commissioner, that indicates the progress made by the independent charter |
3 | school during the previous year in meeting the charter objectives; |
4 | (6) Present a plan for the governance, administration, and operation of the independent |
5 | charter school, including the manner in which the governing board of the school will be chosen, |
6 | the nature and extent of parental, professional educator, and community involvement in the |
7 | governance and operation of the independent charter school, and the means of ensuring |
8 | accountability to the commissioner, the sending school districts, and the council on elementary and |
9 | secondary education; |
10 | (7) Identify the building that will house the independent charter school and from whom, |
11 | and under what terms and conditions, it is to be provided; |
12 | (8) Describe what support services will be provided by the sending school district(s), and |
13 | under what terms and conditions those services are to be provided, and describe what support |
14 | services the independent charter school will obtain directly from third parties and, to the extent |
15 | known, under what 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 and the use of the lottery process approved by the |
20 | department of education, along with a policy, or policies, that outline outreach and recruitment |
21 | programs to encourage the enrollment of a diverse student population; |
22 | (11) Explain the student discipline procedures; |
23 | (12) Explain the relationship that will exist between the proposed independent charter |
24 | school and its employees, including the terms and conditions of employment and the qualifications |
25 | that the employees must meet. Teachers and administrators in independent charter schools must be |
26 | certified pursuant to state law and regulation. Teachers and administrators in independent charter |
27 | schools shall be entitled to prevailing wages and benefits as enjoyed by other Rhode Island public |
28 | school teachers and administrators. Employment in an independent charter school shall be |
29 | considered "service" as that term is defined in chapter 16 of this title for purposes of determining |
30 | the appropriate step on a salary schedule for certified personnel. Employment in an independent |
31 | charter school can be considered "service" as that term is defined in chapter 16 of this title for |
32 | determining status in the teachers' retirement system. All employees, and prospective employees |
33 | of an independent charter school shall be deemed to be public school employees, having the same |
34 | rights under Rhode Island and federal law as employees, and prospective employees at a non- |
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1 | chartered public school; |
2 | (13) Identify, with particularity, the state statutes, state regulations, and sending school |
3 | district(s) rules from which variances are sought in order to facilitate operation of the independent |
4 | charter school. Explain the reasons for each variance and the alternative method by which the |
5 | concern that gave rise to the regulation or provision will be addressed; |
6 | (14) 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 independent charter school, |
8 | and the manner in which the funds allocated to the independent charter school will be managed and |
9 | disbursed; |
10 | (15) Provide procedures by which teaching personnel and parents can legally challenge |
11 | decisions of the governing board of the school that do not conform to the school's charter; |
12 | (16) Provide a copy of the proposed bylaws of the independent charter school; and |
13 | (17) Provide written support from town or city council(s) in the proposed catchment area |
14 | if required pursuant to § 16-77-5.1; and |
15 | (18) Provide a detailed copy of the independent charter school’s lottery and enrollment |
16 | process, including but not limited to, the offer and acceptance process, the right to refuse an offer |
17 | and the effect of siblings not attending the school. |
18 | (b) Any nonprofit organization that seeks to establish an independent charter school must |
19 | submit its financial records and financial plan for operating the school to the auditor general, who |
20 | shall review the records, the financial plan, and the financial integrity of the organization. At the |
21 | time of submission of a proposed charter, the financial records and financial recordkeeping system |
22 | of the nonprofit organization and the proposed financial plan for the independent charter school |
23 | shall be reviewed by the auditor general and the auditor general shall, while the proposed charter |
24 | is being considered for preliminary approval by the council on elementary and secondary education, |
25 | provide an initial determination to the council on elementary and secondary education, the |
26 | commissioner, and the speaker of the house of representatives and the president of the senate |
27 | indicating that the auditor general is satisfied that the nonprofit organization is financially |
28 | responsible. Final approval for operation of the independent charter school shall not be granted by |
29 | the council on elementary and secondary education until the auditor general has approved the |
30 | financial plan and financial-record keeping system and is satisfied that the nonprofit organization |
31 | is financially responsible. The auditor general shall notify the council on elementary and secondary |
32 | education, the commissioner, the president of the senate, and the speaker of the house of |
33 | representatives of the findings. During the year immediately preceding the September in which the |
34 | independent charter school is to begin operation, the charter applicant shall make any additional |
| LC001870/SUB A - Page 12 of 21 |
1 | submissions to the auditor general prescribed by the auditor general in the initial determination. |
2 | Additional submissions during the year prior to the September in which the independent charter |
3 | school is to begin operation shall include, but not be limited to evidence submitted to the auditor |
4 | general, not later than June 1st prior to the opening of the independent charter school, of the |
5 | existence of an agreement, option for lease or purchase, lease agreement, or purchase agreement, |
6 | contingent upon general assembly funding, for a facility in which the independent charter school |
7 | will operate in its first year of operation. The auditor general shall have the authority to review |
8 | independent charter schools affiliated with nonprofit organizations on an annual basis or require |
9 | the school to have an annual, certified audit in accordance with the same federal and state standards |
10 | that are applicable to local public school districts. If, as a result of any annual audit, the auditor |
11 | general believes there are financial irregularities, the auditor general shall withdraw the original |
12 | approval and the council on elementary and secondary education shall withdraw its approval for |
13 | the independent charter school to continue operation. |
14 | 16-77.3-4. Revocation of the charter of an independent charter school. |
15 | (a) The board of regents may revoke the charter of an independent charter school at any |
16 | time, pursuant to § 16-77-5.1, if the school: |
17 | (1) Materially violates any provision contained in the charter; |
18 | (2) Fails to meet or pursue the educational objectives contained in the charter; |
19 | (3) Fails to comply with fiscal accountability procedures as specified in the charter; |
20 | (4) Violates provisions of law that have not been granted variance by the board of regents; |
21 | or |
22 | (5) Fails to base its offer of enrollment on criteria prescribed by § 16-77.3-1(c); |
23 | (6) Bases its offer of enrollment on criteria that is not in accordance with state or federal |
24 | law; or |
25 | (5)(7) After three (3) consecutive years of operation, is not a "high-performing charter |
26 | school," defined as a charter public school that has demonstrated overall success, including: (i) |
27 | Substantial progress in improving student achievement and (ii) The management and leadership |
28 | necessary to establish a thriving, financially viable charter public school. |
29 | (b) After denying or prior to non-renewing or revoking a charter, the department of |
30 | elementary and secondary education will hold a hearing on the issues in controversy under § 16- |
31 | 39-1. |
32 | 16-77.3-7. Portions of title 16 applicability to independent charter schools. |
33 | The following provisions of this title shall be binding on independent charter schools and |
34 | may not be waived by the commissioner under § 16-77.3-3: |
| LC001870/SUB A - Page 13 of 21 |
1 | (1) Section 16-2-2 (minimum length of school year); |
2 | (2) Section 16-2-17 (right to a safe school); |
3 | (3) Section 16-8-10 (federal funds for school lunch); |
4 | (4) Section 16-11-1 (certification of public school teachers); |
5 | (5) Section 16-12-3 (duty to cultivate principles of morality); |
6 | (6) Section 16-12-10 (immunity for report of suspected substance abuse); |
7 | (7) Chapter 13 (teachers' tenure); |
8 | (8) Chapter 16 (teachers' retirement); |
9 | (9) Section 16-19-1 (compulsory attendance); |
10 | (10) Section 16-20-1 (school holidays enumerated); |
11 | (11) Sections 16-21-3 and 16-21-4 (fire safety); |
12 | (12) Sections 16-21-10, 16-21-14, and 16-21-16 (health screenings); |
13 | (13) Section 16-22-9 (uniform testing); |
14 | (14) Section 16-24-2 (regulations of state board); |
15 | (15) Section 16-38-1 (discrimination because of race or age); |
16 | (16) Section 16-38-1.1 (discrimination because of sex); |
17 | (17) Section 16-38-2 (immunizations); |
18 | (18) Section 16-38-4 (exclusive club); |
19 | (19) Section 16-38-6 (commercial activities prohibited); |
20 | (20) Section 16-38-9 (misconduct of school officers); |
21 | (21) Section 16-38-10 (power of officials to visit schools); |
22 | (22) Section 16-39-1 (appeal of matters of dispute to commissioner); |
23 | (23) Section 16-39-2 (appeal of school committee actions to commissioner); |
24 | (24) Section 16-39-3 (appeal to state board); |
25 | (25) Section 16-39-3.1 (enforcement of final decision); |
26 | (26) Section 16-39-3.2 (interim protective orders); |
27 | (27) Section 16-39-8 (subpoena power of commissioner); |
28 | (28) Section 16-40-16 (student records); |
29 | (29) Section 16-71-1 (Educational Record Bill of Rights Act); |
30 | (30) Section 16-21-21.1 (penalties for drug, alcohol or weapons offense); and |
31 | (31) Chapter 16-21.5 (student interrogations); and |
32 | (32) Section 16-1-5(20) (lottery process). |
33 |
|
34 | SECTION 6. Chapter 16-77.3 of the General Laws entitled "Independent Charter Schools |
| LC001870/SUB A - Page 14 of 21 |
1 | [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding |
2 | thereto the following section: |
3 | 16-77.3-3.1. Enrollment process. |
4 | (a) Upon completion of its annual lottery process each independent charter school shall |
5 | notify the department of education of the results and the independent charter school shall offer |
6 | enrollments according to its approved charter to those students selected in the random lottery. |
7 | (b) A student may choose to accept the offer, or reject said offer to enroll. |
8 | (1) In the event a student rejects the invitation to enroll, another student shall be selected |
9 | from the waitlist, pursuant to the independent charter school’s approved charter, until all available |
10 | slots for students are filled. |
11 | (c) Nothing in this section shall preclude an independent charter school from enrolling |
12 | students who are otherwise eligible for enrollment prioritization as siblings of currently enrolled |
13 | students or children of staff. |
14 | SECTION 7. Sections 16-77.4-1, 16-77.4-2, 16-77.4-4 and 16-77.4-7 of the General Laws |
15 | in Chapter 16-77.4 entitled "Mayoral Academies [See Title 16 Chapter 97 - The Rhode Island |
16 | Board of Education Act]" are hereby amended to read as follows: |
17 | 16-77.4-1. Entities eligible to apply to become, or for the expansion of, a mayoral |
18 | academy. |
19 | (a) A "mayoral academy" means a charter school created by a mayor of any city or town |
20 | within the State of Rhode Island, acting by, or through, a nonprofit organization established for |
21 | said purpose (regardless of the time said nonprofit organization is in existence), that enrolls students |
22 | from more than one city or town, including both urban and non-urban communities, and that offers |
23 | an equal number of enrollments to students on a lottery basis; provided, further, that such mayoral |
24 | academies shall have a board of trustees or directors that is comprised of representatives from each |
25 | included city or town and is chaired by a mayor of an included city or town. The mayor from each |
26 | city or town, or in the absence of a mayor, the city or town council via a resolution or ordinance, |
27 | shall approve the participation in the mayoral academy's catchment area for a proposed charter or |
28 | an amendment to a charter for expansion. For purposes of this chapter, the term "mayor" shall |
29 | include any elected town administrator. |
30 | (b) No child shall be required to attend a mayoral academy, nor shall any teacher be |
31 | required to teach in a mayoral academy. The school committee of the district in which a mayoral |
32 | academy is located shall make accommodations to facilitate the transfer of students who do not |
33 | wish to participate in a mayoral academy into other public schools. It shall also make |
34 | accommodations for those students who wish to transfer into the mayoral academy as space |
| LC001870/SUB A - Page 15 of 21 |
1 | permits. If the total number of students who are eligible to attend and apply to a mayoral academy |
2 | is greater than the number of spaces available, the mayoral academy shall conduct a lottery to |
3 | determine which students shall be admitted. |
4 | (c) Notwithstanding students who are otherwise eligible for enrollment prioritization as |
5 | siblings of currently enrolled students or children of staff, all remaining openings shall be offered |
6 | to those students selected though the lottery process established by the department of education. |
7 | (d) Nothing in this chapter shall preclude any eligible public school student of any age for |
8 | enrollment in a mayoral academy for which they would be eligible if offered. Mayoral academies |
9 | may not discriminate on the basis of an applicant’s race, ethnicity, socioeconomic status, ability, |
10 | religion, gender, and/or sexual orientation. |
11 | 16-77.4-2. Procedure for creation and expansion of a mayoral academy. |
12 | (a) Any persons or entities eligible to establish a mayoral academy may submit a proposed |
13 | charter, or an amendment to a charter for an expansion, to the commissioner. For purposes of this |
14 | chapter, "expansion" shall be an increase in total enrollment; an increase in the grade levels |
15 | previously authorized in the charter; or the addition of a school district to the catchment area. The |
16 | proposed charter shall: |
17 | (1) Be submitted to the commissioner no later than December 1st of the school year before |
18 | the school year in which the mayoral academy is to be established; |
19 | (2) Describe a plan for education, including the mission, objective, method of providing a |
20 | basic education, measurable student academic goals that the mayoral academy will meet, and |
21 | process for improving student learning and fulfilling the charter and fulfilling state and national |
22 | educational goals and standards; |
23 | (3) Provide a minimum of one hundred eighty (180) days of instruction to students per |
24 | year; |
25 | (4) Indicate performance criteria that will be used to measure student learning and to |
26 | comply with the charter, state, and national educational goals and standards; |
27 | (5) Include an agreement to provide a yearly report to parents, the community, the school |
28 | committee of the sending districts, and the commissioner, that indicates the progress made by the |
29 | mayoral academy during the previous year in meeting the charter objectives; |
30 | (6) Present a plan for the governance, administration, and operation of the mayoral |
31 | academy, including the manner in which the governing board of the school will be chosen, the |
32 | nature and extent of parental, professional educator, and community involvement in the governance |
33 | and operation of the mayoral academy, and the means of ensuring accountability to the |
34 | commissioner, the sending school district(s), and the council on elementary and secondary |
| LC001870/SUB A - Page 16 of 21 |
1 | education; |
2 | (7) Identify the building that will house the mayoral academy and from whom and under |
3 | what terms and conditions it is to be provided; |
4 | (8) Describe what support services will be provided by the sending school district(s) and |
5 | under what terms and conditions those services are to be provided, and describe what support |
6 | services the mayoral academy will obtain directly from third parties and, to the extent known, under |
7 | what terms and conditions those services are to be provided; |
8 | (9) Explain the procedures that will be followed to ensure the health and safety of pupils |
9 | and staff; |
10 | (10) Describe enrollment procedures, including the permissible criteria for admission in |
11 | accordance with applicable state and federal law and the use of the lottery process approved by the |
12 | department of education, along with a policy, or policies, that outline outreach and recruitment |
13 | programs to encourage the enrollment of a diverse student population; |
14 | (11) Explain the student discipline procedures; |
15 | (12) Explain the relationship that will exist between the proposed mayoral academy and its |
16 | employees, including the terms and conditions of employment and the qualifications that the |
17 | employees must meet. Teachers and administrators in mayoral academies must be certified |
18 | pursuant to state law and regulation. |
19 | (13) Each mayoral academy established pursuant to this chapter may, by written notice to |
20 | the commissioner of elementary and secondary education, elect to have this subsection apply (or |
21 | not apply) to its teachers, administrators, and employees: |
22 | (i) Teachers and administrators in a mayoral academy shall be entitled to prevailing wages |
23 | and benefits as enjoyed by other public school teachers and administrators; |
24 | (ii) Teachers and administrators in a mayoral academy shall be entitled to participate in the |
25 | state teachers' retirement system under chapter 8 of title 36; |
26 | (iii) Employment in a mayoral academy shall be considered "service" as that term is defined |
27 | in chapter 16 of this title. |
28 | (14) Identify, with particularity, the state laws, state regulations, and school district rules |
29 | from which variances are sought in order to facilitate operation of the mayoral academy. Explain |
30 | the reasons for each variance and the alternative method by which the concern that gave rise to the |
31 | regulation or provision will be addressed; |
32 | (15) Provide a financial plan, including a proposed budget for the term of the charter, and |
33 | an annual audit of the financial and administrative operations of the mayoral academy, and the |
34 | manner in which the funds allocated to the mayoral academy will be managed and disbursed; |
| LC001870/SUB A - Page 17 of 21 |
1 | (16) Provide procedures by which teaching personnel and parents can legally challenge |
2 | decisions of the governing board of the mayoral academy that do not conform to the mayoral |
3 | academy's charter; |
4 | (17) Provide a copy of the proposed bylaws of the mayoral academy; and |
5 | (18) Provide written support from the town or city council(s) in the proposed catchment |
6 | area if required pursuant to § 16-77-5.1; and |
7 | (19) Provide a detailed copy of the academy’s lottery and enrollment process, including |
8 | but not limited to, the offer and acceptance process, the right to refuse an offer and the effect of |
9 | siblings not attending the academy. |
10 | 16-77.4-4. Revocation of the charter of a mayoral academy. |
11 | (a) The board of regents may revoke the charter of a mayoral academy at any time, pursuant |
12 | to § 16-77-5.1, if the school: |
13 | (1) Materially violates provisions contained in the charter; |
14 | (2) Fails to meet or pursue the educational objectives contained in the charter; |
15 | (3) Fails to comply with fiscal accountability procedures as specified in the charter; |
16 | (4) Violates provisions of law that have not been granted variance by the board of regents; |
17 | or |
18 | (5) Fails to base its offer of enrollment on criteria prescribed by § 16-77.4-1(c); |
19 | (6) Bases its offer of enrollment on criteria that is not in accordance with state or federal |
20 | law; or |
21 | (5)(7) After three (3) consecutive years of operation, is not a "high-performing charter |
22 | school," defined as a charter public school that has demonstrated overall success, including: (i) |
23 | Substantial progress in improving student achievement and (ii) The management and leadership |
24 | necessary to establish a thriving, financially viable charter public school. |
25 | (b) After denying or prior to non-renewing or revoking a charter, the department of |
26 | elementary and secondary education will hold a hearing on the issues in controversy under § 16- |
27 | 39-1. |
28 | 16-77.4-7. Portions of title 16 applicable to mayoral academies. |
29 | The following provisions of this title shall be binding on mayoral academies and may not |
30 | be waived by the commissioner under § 16-77.4-3: |
31 | (1) Section 16-2-2 (minimum length of school year); |
32 | (2) Section 16-2-17 (right to a safe school); |
33 | (3) Section 16-8-10 (federal funds for school lunch); |
34 | (4) Section 16-11-1 (certification of public school teachers); |
| LC001870/SUB A - Page 18 of 21 |
1 | (5) Section 16-12-3 (duty to cultivate principles of morality); |
2 | (6) Section 16-12-10 (immunity for report of suspected substance abuse); |
3 | (7) Section 16-19-1 (compulsory attendance); |
4 | (8) Section 16-20-1 (school holidays enumerated); |
5 | (9) Sections 16-21-3 and 16-21-4 (fire safety); |
6 | (10) Sections 16-21-10, 16-21-14, and 16-21-16 (health screenings); |
7 | (11) Section 16-22-9 (uniform testing); |
8 | (12) Section 16-24-2 (regulations of state board); |
9 | (13) Section 16-38-1 (discrimination because of race or age); |
10 | (14) Section 16-38-1.1 (discrimination because of sex); |
11 | (15) Section 16-38-2 (immunizations); |
12 | (16) Section 16-38-4 (exclusive club); |
13 | (17) Section 16-38-6 (commercial activities prohibited); |
14 | (18) Section 16-38-9 (misconduct of school officers); |
15 | (19) Section 16-38-10 (power of officials to visit schools); |
16 | (20) Section 16-39-1 (appeal of matters of dispute to commissioner); |
17 | (21) Section 16-39-2 (appeal of school committee actions to commissioner); |
18 | (22) Section 16-39-3 (appeal to state board); |
19 | (23) Section 16-39-3.1 (enforcement of final decision); |
20 | (24) Section 16-39-3.2 (interim protective orders); |
21 | (25) Section 16-39-8 (subpoena power of commissioner); |
22 | (26) Section 16-40-16 (student records); |
23 | (27) Section 16-71-1 (Educational Record Bill of Rights Act); |
24 | (28) Section 16-21-21.1 (Penalties for drug, alcohol or weapons offenses); |
25 | (29) Chapter 16-21.5 (Student interrogations); and |
26 | (30) Section 16-1-5(20) (lottery process). |
27 | SECTION 8. Chapter 16-77.4 of the General Laws entitled "Mayoral Academies [See Title |
28 | 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding thereto |
29 | the following section: |
30 | 16-77.4-3.1. Enrollment process. |
31 | (a) Upon completion of its annual lottery process each mayoral academy shall notify the |
32 | department of education of the results and the mayoral academy shall offer enrollments according |
33 | to its approved charter to those students selected in the random lottery. |
34 | (b) A student may choose to accept the offer, or reject said offer to enroll. |
| LC001870/SUB A - Page 19 of 21 |
1 | (1) In the event a student rejects the invitation to enroll, another student shall be selected |
2 | from the waitlist, pursuant to the mayoral academy’s approved charter, until all available slots for |
3 | students are filled. |
4 | (c) Nothing in this section shall preclude a mayoral academy from enrolling students who |
5 | are otherwise eligible for enrollment prioritization as siblings of currently enrolled students or |
6 | children of staff. |
7 | SECTION 9. This act shall take effect upon passage. |
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LC001870/SUB A | |
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| LC001870/SUB A - Page 20 of 21 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO EDUCATION | |
*** | |
1 | This act would require district charter schools, independent charter schools, and mayoral |
2 | academies to use an annual lottery process established pursuant to rules and regulations |
3 | promulgated by the department of education, to select students who would be invited to enroll in a |
4 | public charter school. The act would also provide that parents and guardians of students could |
5 | inform the sending public school district or the department of education of their intent to have or |
6 | not have their child entered into the lottery. The act would also provide that a student could choose |
7 | to accept or reject the offer to enroll in the public charter school. |
8 | This act would take effect upon passage. |
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LC001870/SUB A | |
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| LC001870/SUB A - Page 21 of 21 |