2022 -- H 7117 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- STATE DEPARTMENT OF ELEMENTARY AND

SECONDARY EDUCATION

     Introduced By: Representatives Ajello, McNamara, Kislak, Amore, Biah, Williams,
Morales, O'Brien, Felix, and Alzate

     Date Introduced: January 20, 2022

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-1-5 of the General Laws in Chapter 16-1 entitled "State

Department of Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island

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

     16-1-5. Duties of commissioner of elementary and secondary education.

     It shall be the duty of the commissioner of elementary and secondary education:

     (1) To carry out the policies and program formulated by the council on elementary and

secondary education.

     (2) To evaluate credentials of applicants for certificates, to verify that the certification of

teachers is in accordance with law and established standards, and to issue certificates at the direction

of the board.

     (3) To certify the approval of accredited schools.

     (4) To recommend to the board an outline of the subjects and courses of study and the

instructional standards for elementary and secondary schools.

     (5) To approve the distribution of state school funds in accordance with law and the

regulations of the board.

     (6) To verify that school sites and school building plans are in accordance with law and

regulations.

     (7) To exercise supervision over school libraries and library services.

     (8) To certify that school bus routes and schedules and all contracts for pupil transportation

conform with provisions of law and the rules and regulations of the board.

     (9) To require the observance of all laws relating to schools and education.

     (10) To interpret school law and to decide such controversies as may be appealed to the

commissioner from decisions of local school committees.

     (11) To prepare and recommend standard forms for the use of local schools.

     (12)(i) To prepare, with the assistance of the department of administration, manuals of

uniform budgetary and standard financial records and procedures for local school officers. The

board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989,

and those procedures should include, at a minimum, the following:

     (A) Provision for uniform classification of revenues and expenditures;

     (B) Requirements of detailed expenditure estimates and a table of organization including

the proposed staffing of each school;

     (C) Estimates of receipts and expenditures for the last two (2) completed fiscal years, the

current and ensuing fiscal years; and

     (ii) To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000) not

otherwise appropriated shall be included in the appropriation made to support the department of

elementary and secondary education.

     (13) To receive general supervision from the council on elementary and secondary

education and to appoint the several officers and employees of the department subject to the

provisions of the state merit system act, chapters 3 and 4 of title 36.

     (14) To establish health education, alcohol and substance abuse programs for students in

grades kindergarten (K) through twelve (12), in accordance with § 35-4-18. The program will

consist of the following: A mandated state health education, alcohol and substance abuse

curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in the

areas of health, fitness, alcohol and substance abuse, and an in-service training program that will

be developed specifically for the implementation of the mandated curriculum.

     (15)(i) To appoint a three-member (3) committee for the purpose of choosing a "teacher of

the year" among teachers in public school grades kindergarten (K) through twelve (12). The

"teacher of the year" shall receive an award of one thousand dollars ($1,000).

     (ii) It is the intent of the general assembly that the funds necessary to carry out the

provisions of this subdivision shall be provided within the annual appropriations act.

     (16) To institute a process to review, revise, and adopt statewide academic standards that

align with state assessments for the core subjects of mathematics, English language arts, science

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and technology, history and social studies, world languages, and the arts.

     (17) To institute a process for adapting, adopting, and developing curriculum frameworks

for mathematics, English language arts, science and technology, history and social studies, world

languages, and the arts covered by the academic standards.

     (18) To institute a process for reviewing and identifying high-quality curriculum and

materials in mathematics, English language arts, and science and technology.

     (19) To prepare each year a plan for providing statewide assistance in the preparation and

implementation of professional development plans.

     (20) To promulgate rules and regulations relating to school-run lotteries of all eligible

public school students and incoming kindergarten students for admission or waiting list to a charter

school or mayoral academy established pursuant to chapters 77 through 77.4 of this title for which

they would be eligible to attend if offered. Notwithstanding the foregoing provision, the lottery

process shall not apply to charter schools or mayoral academies created with the purpose of offering

specialized training and education in specific fields of study or targeting at risk groups approved

by the commissioner.

     (21) To provide each charter school or mayoral academy established pursuant to chapters

77 through 77.4 of this title with the data collected and disseminated from each sending district

pursuant to § 16-2-37(c).

     SECTION 2. Chapter 16-2 of the General Laws entitled "School Committees and

Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

amended by adding thereto the following section:

     16-2-37. Charter schools -- Lottery process and responsibilities.

     (a) The department of education shall coordinate with each school district so that all

eligible public school students are provided the opportunity to participate in a lottery for enrollment

in a charter school or mayoral academy established pursuant to chapters 77 through 77.4 of this

title for which they would be eligible to attend if offered.

     (b) The parent or guardian of an eligible public school student may inform the sending

public school district or the department of education of their intent to not have their child entered

into the lottery to be offered enrollment in a charter school or mayoral academy.

     (c) The sending districts shall provide student data to the department of education by

February 1 of each year to ensure eligible public school students are entered in the lottery for

enrollment.

     (d) The parent or guardian of a student not registered in the school district for which they

are eligible to register may provide the student's data to the department of education by February 1

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to ensure the student is entered in the lottery for enrollment.

     (e) The parent or guardian of a student not residing in the school district for which they

would be eligible to register at the time of the lottery may, with an acknowledgment that they intend

to be registered in the school district at the commencement of the school year, provide the student's

data to the department of education by February 1 to ensure the student is entered in the lottery for

enrollment.

     SECTION 3. Sections 16-77.2-1, 16-77.2-2, 16-77.2-4 and 16-77.2-7 of the General Laws

in Chapter 16-77.2 entitled "District Charter School [See Title 16 Chapter 97 - The Rhode Island

Board of Education Act]" are hereby amended to read as follows:

     16-77.2-1. Entities eligible to apply to become district charter schools.

     (a) Persons or entities eligible to submit an application to establish a district charter school

shall be limited to:

     (1) Existing public schools;

     (2) Groups of public school personnel;

     (3) Public school districts; or

     (4) A group of school districts.

     (b) No existing public school shall be converted into a district charter school unless a

majority of the parents and/or guardians of the students currently assigned to the school and two-

thirds (2/3) of the certified teaching personnel currently assigned to the school approve the

proposed charter, as provided in § 16-77.2-2.

     (c) School professionals employed by a local or regional school committee or the State of

Rhode Island shall be entitled to a two (2) year leave of absence, without compensation, in order to

be employed in a district charter school, provided this leave shall be extended upon request for an

additional two (2) years. At any time during or upon completion of this leave of absence, a school

professional may return to work in the school district in the position in which he or she was

previously employed or a comparable position. This leave of absence shall not be deemed to be an

interruption of service for purposes of seniority and teachers' retirement.

     (d) No child shall be required to attend a district charter school nor shall any teacher be

required to teach in a district charter school. The school committee shall make accommodations to

facilitate the transfer of students who do not wish to participate in the district charter school into

other public schools. It shall also make accommodations for those students who wish to participate

to transfer into the district charter school as space permits. If the total number of students who are

eligible to attend and apply to a district charter school is greater than the number of spaces available,

the charter school shall conduct a lottery to determine which students shall be admitted.

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     (e) Prospective students, who have siblings who are then-currently enrolled in a district

charter school or who have a parent or guardian who is employed at the district charter school, shall

have and be given priority enrollment within that school. All remaining openings at the district

charter school shall be offered to those students selected through the lottery process established by

the department of education.

     (f) Nothing in this chapter shall preclude any eligible public school student of any age for

enrollment in a district charter school for which they would be eligible if offered. District charter

schools may not discriminate on the basis of an applicant's race, ethnicity, socioeconomic status,

ability, religion, gender, and/or sexual orientation.

     16-77.2-2. Procedure for creation of district charter schools.

     (a) Any persons or entities eligible to establish a district charter school may submit a

proposed charter to the commissioner and the school committee of the district where the district

charter school is to be located. The proposed charter shall:

     (1) Be submitted to the commissioner and to the school committee of the district where the

district charter school is to be located no later than December 1st of the school year before the

school year in which the district charter school is to be established;

     (2) Describe a plan for education, including the mission, objective, method of providing a

basic education, measurable student academic goals that the district charter school will meet, and

process for improving student learning and fulfilling the charter and fulfilling state and national

educational goals and standards;

     (3) Provide a minimum of one hundred eighty (180) days of instruction to students per

year;

     (4) Indicate performance criteria that will be used to measure student learning and to

comply with the charter, state, and national educational goals and standards;

     (5) Include an agreement to provide a yearly report to parents, the community, the school

committee of the district where the district charter school is to be located, and the commissioner,

which indicates the progress made by the district charter school during the previous year in meeting

the charter objectives;

     (6) Present a plan for the governance, administration, and operation of the district charter

school, including the manner in which the governing board of the school will be chosen, the nature

and extent of parental, professional educator, and community involvement in the governance and

operation of the district charter school, and the means of ensuring accountability to the

commissioner, the school district of the district where the district charter school is to be located,

and the board of regents;

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     (7) Identify the building that will house the district charter school and from whom and

under what terms and conditions it is to be provided;

     (8) Describe what support services will be provided by the school district and under what

terms and conditions those services are to be provided, and describe what support services the

district charter school will obtain directly from third-parties and, to the extent known, under what

terms and conditions those services are to be provided;

     (9) Explain the procedures that will be followed to ensure the health and safety of pupils

and staff;

     (10) Describe enrollment procedures including the permissible criteria for admission in

accordance with applicable state and federal law and the use of the lottery process approved by the

department of education, along with a policy or policies that outline outreach and recruitment

programs to encourage the enrollment of a diverse student population;

     (11) Explain the student discipline procedures;

     (12) Explain the relationship that will exist between the proposed district charter school

and its employees, including the terms and conditions of employment and the qualifications that

the employees must meet. Teachers and administrators in district charter schools must be certified

pursuant to state law and regulation. Teachers and administrators in district charter schools shall be

entitled to prevailing wages and benefits as enjoyed by other public school teachers and

administrators within the school district where the district charter school is to be located and to the

state teachers' retirement system under chapter 8 of title 36. Employment in a district charter school

shall be considered "service" as that term is defined in chapter 16 of this title. All employees and

prospective employees of a district charter school shall be deemed to be public school employees,

having the same rights, including retirement, under Rhode Island and federal law as employees and

prospective employees at a non-chartered public school.

     (13) Identify with particularity the state statutes, state regulations, and school district rules

from which variances are sought in order to facilitate operation of the district charter school.

Explain the reasons for each variance and the alternative method by which the concern that gave

rise to the regulation or provision will be addressed;

     (14) The proposed charter shall set forth those provisions of the collective bargaining

agreement which will not be applicable to that district charter school subject to agreement by the

parties to the collectively bargaining agreement;

     (15) Provide a financial plan including a proposed budget for the term of the charter, and

an annual audit of the financial and administrative operations of the district charter school, and the

manner in which the funds allocated to the district charter school will be managed and disbursed;

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     (16) Provide procedures by which teaching personnel and parents can legally challenge

decisions of the governing board of the school which do not conform to the school's charter; and

     (17) Provide a copy of the proposed bylaws of the district charter school; and

     (18) Provide a detailed copy of the district charter school's lottery and enrollment process,

including, but not limited to, the offer and acceptance process, the right to refuse an offer and the

effect of siblings not attending the school.

     (b) In those instances where a charter is being sought for an existing public school, the

proposed charter must receive the affirmative votes of two-thirds (2/3) of the teachers assigned to

the school prior to implementation. If approved by the faculty, the proposed charter shall be voted

on by the parents or legal guardians of each student assigned to the school, with one vote being cast

for each student. To be adopted by the parents, the proposed charter must receive the affirmative

votes of parents or legal guardians representing a majority of all the students assigned to the school.

     (c) In those instances where a charter is being sought for a newly created district charter

school, the proposed charter must receive the affirmative support of a number of certified teachers

employed within the school district where the district charter school is to be located at least equal

to two-thirds (2/3) of the number of teachers that will be required to staff the proposed district

charter school. The teachers who affirmatively support the proposed charter must state their desire

to transfer to the district charter school, once established, and to teach under the terms of the charter.

To demonstrate parental support within the school district, the charter must receive the affirmative

support of parents or legal guardians representing a number of students currently enrolled in the

school district equal to at least one-half (1/2) of the number of students who would be needed to

attend the proposed district charter school. The parents or guardians must state their desire to have

their children transfer to the district charter school, once established, and to be educated under the

terms of the charter. The charter may then be presented by the commissioner to the board of regents

for its approval. The charter shall set forth those provisions of state statute, regulation, and school

district rules which will not be applicable to that district charter school

     (d) By approval of the charter upon the recommendation of the commissioner, the board of

regents will be deemed to have authorized all necessary variances from law and regulation

enumerated in the charter. Should the need for relief from the operation of additional provisions of

law and/or contract become apparent subsequent to implementation of the charter, a variance may

be obtained by an affirmative vote of two-thirds (2/3) of the teachers then assigned to the school,

agreement by all parties to the collective bargaining agreement and by an affirmative vote of the

board of regents upon a recommendation of the commissioner.

     16-77.2-4. Revocation of the charter of a district charter school.

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     (a) The board of regents may revoke the charter of a district charter school at any time,

pursuant to § 16-77-5.1, if the school:

     (1) Materially violates any of the provisions contained in the charter;

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

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

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

or

     (5) Fails to base its offer of enrollment on criteria prescribed by § 16-77.2-1(e);

     (6) Bases its offer of enrollment on criteria that is not in accordance with state or federal

law; or

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

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

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

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

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

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

39-1.

     16-77.2-7. Portions of title 16 applicable to district charter schools.

     The following provisions of this title shall be binding on district charter schools and may

not be waived by the commissioner under § 16-77.2-3:

     (1) Section 16-2-2 (minimum length of school year);

     (2) Section 16-2-17 (right to a safe school);

     (3) Section 16-8-10 (federal funds for school lunch);

     (4) Section 16-11-1 (certification of public school teachers);

     (5) Section 16-12-3 (duty to cultivate principles of morality);

     (6) Section 16-12-10 (immunity for report of suspected substance abuse);

     (7) Chapter 13 (teachers' tenure);

     (8) Chapter 16 (teachers' retirement);

     (9) Section 16-19-1 (compulsory attendance);

     (10) Section 16-20-1 (school holidays enumerated);

     (11) Sections 16-21-3 and 16-21-4 (fire safety);

     (12) Sections 16-21-10, 16-21-14, and 16-21-16 (health screenings);

     (13) Section 16-22-9 (uniform testing);

     (14) Section 16-24-2 (regulations of state board);

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     (15) Section 16-38-1 (discrimination because of race or age);

     (16) Section 16-38-1.1 (discrimination because of sex);

     (17) Section 16-38-2 (immunizations);

     (18) Section 16-38-4 (exclusive club);

     (19) Section 16-38-6 (commercial activities prohibited);

     (20) Section 16-38-9 (misconduct of school officers);

     (21) Section 16-38-10 (power of officials to visit schools);

     (22) Section 16-39-1 (appeal of matters of dispute to commissioner);

     (23) Section 16-39-2 (appeal of school committee actions to commissioner);

     (24) Section 16-39-3 (appeal to state board);

     (25) Section 16-39-3.1 (enforcement of final decision);

     (26) Section 16-39-3.2 (interim protective orders);

     (27) Section 16-39-8 (subpoena power of commissioner);

     (28) Section 16-40-16 (student records);

     (29) Section 16-71-1 (Educational Record Bill of Rights Act).

     (30) Chapter 16-21-21.1 (Penalties for drug, alcohol or weapons offenses);

     (31) Chapter 16-21.5 (Student interrogations); and

     (32) Section 16-1-5(20) (lottery process).

     SECTION 4. Chapter 16-77.2 of the General Laws entitled "District Charter School [See

Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding

thereto the following section:

     16-77.2-3.1. Enrollment process.

     (a) Upon completion of its annual lottery process each district charter school shall notify

the department of education of the results and the district charter school shall offer enrollments

according to its approved charter to those students selected in the random lottery, subject to the

provisions of § 16-77.2-1(e). The district charter school shall provide a written notice to the student

and the student's parent/guardian/responsible adult which shall include:

     (1) A date certain, which shall be at least twenty-eight (28) calendar days after the notice

is issued, by which the student or their parent/guardian/responsible adult must notify the district

charter school of the student's intention to matriculate at the school at the start of the next school

year; and

     (2) A statement that this offer of attendance is an opt-in offer, and failure to notify the

district charter school of the student's intent to matriculate at the district charter school shall result

in another student being offered that position.

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     (b) A student may choose to accept the offer, or reject said offer to enroll.

     (1) In the event a student rejects the invitation to enroll, another student shall be selected

from the waitlist, pursuant to the district charter school's approved charter, until all available

openings for students are filled.

     (c) Nothing in this section shall preclude a district charter school from enrolling students

who are otherwise eligible for enrollment prioritization as siblings of currently enrolled students or

children of staff.

     SECTION 5. Sections 16-77.3-1, 16-77.3-2, 16-77.3-4 and 16-77.3-7 of the General Laws

in Chapter 16-77.3 entitled "Independent Charter Schools [See Title 16 Chapter 97 - The Rhode

Island Board of Education Act]" are hereby amended to read as follows:

     16-77.3-1. Entities eligible to apply to become independent charter schools.

     (a) Persons or entities eligible to submit an application to establish an independent charter

school shall be limited to:

     (1) Rhode Island nonprofit organizations provided that these nonprofit organizations shall

have existed for at least two (2) years and must exist for a substantial reason other than to operate

a school; or

     (2) Colleges or universities within the State of Rhode Island.

     (b) No child shall be required to attend an independent charter school nor shall any teacher

be required to teach in an independent charter school. The sending school district shall make

accommodations for those students who wish to participate to transfer into an independent charter

school as space permits. If the total number of students who are eligible to attend and apply to an

independent charter school is greater than the number of spaces available, the independent charter

school shall conduct a lottery to determine which students shall be admitted.

     (c) Prospective students, who have siblings who are then-currently enrolled in an

independent charter school or who have a parent or guardian who is employed at the independent

charter school, shall have and be given priority enrollment within that school. All remaining

openings at the independent charter school shall be offered to those students selected though the

lottery process established by the department of education.

     (d) Nothing in this chapter shall preclude any eligible public school student of any age for

enrollment in an independent charter school for which they would be eligible if offered.

Independent charter schools may not discriminate on the basis of an applicant's race, ethnicity,

socioeconomic status, ability, religion, gender, and/or sexual orientation.

     16-77.3-2. Procedure for creation and expansion of independent charter schools.

     (a) Any persons or entities eligible to establish an independent charter public school may

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submit a proposed charter, or an amendment to a charter for an expansion, to the commissioner.

For purposes of this chapter, "expansion" shall be an increase in total enrollment; an increase in the

grade levels previously authorized in the charter, or the addition of a school district to the catchment

area. The proposed charter shall:

     (1) Be submitted to the commissioner no later than December 1st of the school year before

the school year in which the independent charter school is to be established;

     (2) Describe a plan for education, including the mission, objective, method of providing a

basic education, measurable student academic goals that the independent charter school will meet,

and process for improving student learning and fulfilling the charter and fulfilling state and national

educational goals and standards;

     (3) Provide a minimum of one hundred eighty (180) days of instruction to students per

year;

     (4) Indicate performance criteria that will be used to measure student learning and to

comply with the charter, state, and national educational goals and standards;

     (5) Include an agreement to provide a yearly report to parents, the community, the sending

school districts, and the commissioner, that indicates the progress made by the independent charter

school during the previous year in meeting the charter objectives;

     (6) Present a plan for the governance, administration, and operation of the independent

charter school, including the manner in which the governing board of the school will be chosen,

the nature and extent of parental, professional educator, and community involvement in the

governance and operation of the independent charter school, and the means of ensuring

accountability to the commissioner, the sending school districts, and the council on elementary and

secondary education;

     (7) Identify the building that will house the independent charter school and from whom,

and under what terms and conditions, it is to be provided;

     (8) Describe what support services will be provided by the sending school district(s), and

under what terms and conditions those services are to be provided, and describe what support

services the independent charter school will obtain directly from third parties and, to the extent

known, under what terms and conditions those services are to be provided;

     (9) Explain the procedures that will be followed to ensure the health and safety of pupils

and staff;

     (10) Describe enrollment procedures, including the permissible criteria for admission in

accordance with applicable state and federal law and the use of the lottery process approved by the

department of education, along with a policy, or policies, that outline outreach and recruitment

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programs to encourage the enrollment of a diverse student population;

     (11) Explain the student discipline procedures;

     (12) Explain the relationship that will exist between the proposed independent charter

school and its employees, including the terms and conditions of employment and the qualifications

that the employees must meet. Teachers and administrators in independent charter schools must be

certified pursuant to state law and regulation. Teachers and administrators in independent charter

schools shall be entitled to prevailing wages and benefits as enjoyed by other Rhode Island public

school teachers and administrators. Employment in an independent charter school shall be

considered "service" as that term is defined in chapter 16 of this title for purposes of determining

the appropriate step on a salary schedule for certified personnel. Employment in an independent

charter school can be considered "service" as that term is defined in chapter 16 of this title for

determining status in the teachers' retirement system. All employees, and prospective employees

of an independent charter school shall be deemed to be public school employees, having the same

rights under Rhode Island and federal law as employees, and prospective employees at a non-

chartered public school;

     (13) Identify, with particularity, the state statutes, state regulations, and sending school

district(s) rules from which variances are sought in order to facilitate operation of the independent

charter school. Explain the reasons for each variance and the alternative method by which the

concern that gave rise to the regulation or provision will be addressed;

     (14) Provide a financial plan, including a proposed budget for the term of the charter, and

an annual audit of the financial and administrative operations of the independent charter school,

and the manner in which the funds allocated to the independent charter school will be managed and

disbursed;

     (15) Provide procedures by which teaching personnel and parents can legally challenge

decisions of the governing board of the school that do not conform to the school's charter;

     (16) Provide a copy of the proposed bylaws of the independent charter school; and

     (17) Provide written support from town or city council(s) in the proposed catchment area

if required pursuant to § 16-77-5.1; and

     (18) Provide a detailed copy of the independent charter school's lottery and enrollment

process, including, but not limited to, the offer and acceptance process, the right to refuse an offer

and the effect of siblings not attending the school.

     (b) Any nonprofit organization that seeks to establish an independent charter school must

submit its financial records and financial plan for operating the school to the auditor general, who

shall review the records, the financial plan, and the financial integrity of the organization. At the

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time of submission of a proposed charter, the financial records and financial recordkeeping system

of the nonprofit organization and the proposed financial plan for the independent charter school

shall be reviewed by the auditor general and the auditor general shall, while the proposed charter

is being considered for preliminary approval by the council on elementary and secondary education,

provide an initial determination to the council on elementary and secondary education, the

commissioner, and the speaker of the house of representatives and the president of the senate

indicating that the auditor general is satisfied that the nonprofit organization is financially

responsible. Final approval for operation of the independent charter school shall not be granted by

the council on elementary and secondary education until the auditor general has approved the

financial plan and financial-record keeping system and is satisfied that the nonprofit organization

is financially responsible. The auditor general shall notify the council on elementary and secondary

education, the commissioner, the president of the senate, and the speaker of the house of

representatives of the findings. During the year immediately preceding the September in which the

independent charter school is to begin operation, the charter applicant shall make any additional

submissions to the auditor general prescribed by the auditor general in the initial determination.

Additional submissions during the year prior to the September in which the independent charter

school is to begin operation shall include, but not be limited to evidence submitted to the auditor

general, not later than June 1st prior to the opening of the independent charter school, of the

existence of an agreement, option for lease or purchase, lease agreement, or purchase agreement,

contingent upon general assembly funding, for a facility in which the independent charter school

will operate in its first year of operation. The auditor general shall have the authority to review

independent charter schools affiliated with nonprofit organizations on an annual basis or require

the school to have an annual, certified audit in accordance with the same federal and state standards

that are applicable to local public school districts. If, as a result of any annual audit, the auditor

general believes there are financial irregularities, the auditor general shall withdraw the original

approval and the council on elementary and secondary education shall withdraw its approval for

the independent charter school to continue operation.

     16-77.3-4. Revocation of the charter of an independent charter school.

     (a) The board of regents may revoke the charter of an independent charter school at any

time, pursuant to § 16-77-5.1, if the school:

     (1) Materially violates any provision contained in the charter;

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

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

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

LC004084/SUB A - Page 13 of 22

or

     (5) Fails to base its offer of enrollment on criteria prescribed by § 16-77.3-1(c);

     (6) Bases its offer of enrollment on criteria that is not in accordance with state or federal

law; or

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

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

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

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

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

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

39-1.

     16-77.3-7. Portions of title 16 applicability to independent charter schools.

     The following provisions of this title shall be binding on independent charter schools and

may not be waived by the commissioner under § 16-77.3-3:

     (1) Section 16-2-2 (minimum length of school year);

     (2) Section 16-2-17 (right to a safe school);

     (3) Section 16-8-10 (federal funds for school lunch);

     (4) Section 16-11-1 (certification of public school teachers);

     (5) Section 16-12-3 (duty to cultivate principles of morality);

     (6) Section 16-12-10 (immunity for report of suspected substance abuse);

     (7) Chapter 13 (teachers' tenure);

     (8) Chapter 16 (teachers' retirement);

     (9) Section 16-19-1 (compulsory attendance);

     (10) Section 16-20-1 (school holidays enumerated);

     (11) Sections 16-21-3 and 16-21-4 (fire safety);

     (12) Sections 16-21-10, 16-21-14, and 16-21-16 (health screenings);

     (13) Section 16-22-9 (uniform testing);

     (14) Section 16-24-2 (regulations of state board);

     (15) Section 16-38-1 (discrimination because of race or age);

     (16) Section 16-38-1.1 (discrimination because of sex);

     (17) Section 16-38-2 (immunizations);

     (18) Section 16-38-4 (exclusive club);

     (19) Section 16-38-6 (commercial activities prohibited);

     (20) Section 16-38-9 (misconduct of school officers);

LC004084/SUB A - Page 14 of 22

     (21) Section 16-38-10 (power of officials to visit schools);

     (22) Section 16-39-1 (appeal of matters of dispute to commissioner);

     (23) Section 16-39-2 (appeal of school committee actions to commissioner);

     (24) Section 16-39-3 (appeal to state board);

     (25) Section 16-39-3.1 (enforcement of final decision);

     (26) Section 16-39-3.2 (interim protective orders);

     (27) Section 16-39-8 (subpoena power of commissioner);

     (28) Section 16-40-16 (student records);

     (29) Section 16-71-1 (Educational Record Bill of Rights Act);

     (30) Section 16-21-21.1 (penalties for drug, alcohol or weapons offense); and

     (31) Chapter 16-21.5 (student interrogations); and

     (32) Section 16-1-5(20) (lottery process).

     SECTION 6. Chapter 16-77.3 of the General Laws entitled "Independent Charter Schools

[See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding

thereto the following section:

     16-77.3-3.1. Enrollment process.

     (a) Upon completion of its annual lottery process each independent charter school shall

notify the department of education of the results and the independent charter school shall offer

enrollments according to its approved charter to those students selected in the random lottery,

subject to the provisions of § 16-77.3-1(c) . The independent charter school shall provide a written

notice to the student and the student's parent/guardian/responsible adult which shall include:

     (1) A date certain, which shall be at least twenty-eight (28) calendar days after the notice

is issued, by which the student or their parent/guardian/responsible adult must notify the

independent charter school of the student's intention to matriculate at the school at the start of the

next school year; and

     (2) A statement that this offer of attendance is an opt-in offer, and failure to notify the

independent charter school of the student's intent to matriculate at the independent charter school

shall result in another student being offered that position.

     (b) A student may choose to accept the offer, or reject said offer to enroll.

     (1) In the event a student rejects the invitation to enroll, another student shall be selected

from the waitlist, pursuant to the independent charter school's approved charter, until all available

openings for students are filled.

     (c) Nothing in this section shall preclude an independent charter school from enrolling

students who are otherwise eligible for enrollment prioritization as siblings of currently enrolled

LC004084/SUB A - Page 15 of 22

students or children of staff.

     SECTION 7. Sections 16-77.4-1, 16-77.4-2, 16-77.4-4 and 16-77.4-7 of the General Laws

in Chapter 16-77.4 entitled "Mayoral Academies [See Title 16 Chapter 97 - The Rhode Island

Board of Education Act]" are hereby amended to read as follows:

     16-77.4-1. Entities eligible to apply to become, or for the expansion of, a mayoral

academy.

     (a) A "mayoral academy" means a charter school created by a mayor of any city or town

within the State of Rhode Island, acting by, or through, a nonprofit organization established for

said purpose (regardless of the time said nonprofit organization is in existence), that enrolls students

from more than one city or town, including both urban and non-urban communities, and that offers

an equal number of enrollments to students on a lottery basis; provided, further, that such mayoral

academies shall have a board of trustees or directors that is comprised of representatives from each

included city or town and is chaired by a mayor of an included city or town. The mayor from each

city or town, or in the absence of a mayor, the city or town council via a resolution or ordinance,

shall approve the participation in the mayoral academy's catchment area for a proposed charter or

an amendment to a charter for expansion. For purposes of this chapter, the term "mayor" shall

include any elected town administrator.

     (b) No child shall be required to attend a mayoral academy, nor shall any teacher be

required to teach in a mayoral academy. The school committee of the district in which a mayoral

academy is located shall make accommodations to facilitate the transfer of students who do not

wish to participate in a mayoral academy into other public schools. It shall also make

accommodations for those students who wish to transfer into the mayoral academy as space

permits. If the total number of students who are eligible to attend and apply to a mayoral academy

is greater than the number of spaces available, the mayoral academy shall conduct a lottery to

determine which students shall be admitted.

     (c) Prospective students, who have siblings who are then-currently enrolled in a mayoral

academy or who have a parent or guardian who is employed at the mayoral academy, shall have

and be given priority enrollment within that school. All remaining openings at the mayoral academy

shall be offered to those students selected though the lottery process established by the department

of education.

     (d) Nothing in this chapter shall preclude any eligible public school student of any age for

enrollment in a mayoral academy for which they would be eligible if offered. Mayoral academies

may not discriminate on the basis of an applicant's race, ethnicity, socioeconomic status, ability,

religion, gender, and/or sexual orientation.

LC004084/SUB A - Page 16 of 22

     16-77.4-2. Procedure for creation and expansion of a mayoral academy.

     (a) Any persons or entities eligible to establish a mayoral academy may submit a proposed

charter, or an amendment to a charter for an expansion, to the commissioner. For purposes of this

chapter, "expansion" shall be an increase in total enrollment; an increase in the grade levels

previously authorized in the charter; or the addition of a school district to the catchment area. The

proposed charter shall:

     (1) Be submitted to the commissioner no later than December 1st of the school year before

the school year in which the mayoral academy is to be established;

     (2) Describe a plan for education, including the mission, objective, method of providing a

basic education, measurable student academic goals that the mayoral academy will meet, and

process for improving student learning and fulfilling the charter and fulfilling state and national

educational goals and standards;

     (3) Provide a minimum of one hundred eighty (180) days of instruction to students per

year;

     (4) Indicate performance criteria that will be used to measure student learning and to

comply with the charter, state, and national educational goals and standards;

     (5) Include an agreement to provide a yearly report to parents, the community, the school

committee of the sending districts, and the commissioner, that indicates the progress made by the

mayoral academy during the previous year in meeting the charter objectives;

     (6) Present a plan for the governance, administration, and operation of the mayoral

academy, including the manner in which the governing board of the school will be chosen, the

nature and extent of parental, professional educator, and community involvement in the governance

and operation of the mayoral academy, and the means of ensuring accountability to the

commissioner, the sending school district(s), and the council on elementary and secondary

education;

     (7) Identify the building that will house the mayoral academy and from whom and under

what terms and conditions it is to be provided;

     (8) Describe what support services will be provided by the sending school district(s) and

under what terms and conditions those services are to be provided, and describe what support

services the mayoral academy will obtain directly from third parties and, to the extent known, under

what terms and conditions those services are to be provided;

     (9) Explain the procedures that will be followed to ensure the health and safety of pupils

and staff;

     (10) Describe enrollment procedures, including the permissible criteria for admission in

LC004084/SUB A - Page 17 of 22

accordance with applicable state and federal law and the use of the lottery process approved by the

department of education, along with a policy, or policies, that outline outreach and recruitment

programs to encourage the enrollment of a diverse student population;

     (11) Explain the student discipline procedures;

     (12) Explain the relationship that will exist between the proposed mayoral academy and its

employees, including the terms and conditions of employment and the qualifications that the

employees must meet. Teachers and administrators in mayoral academies must be certified

pursuant to state law and regulation.

     (13) Each mayoral academy established pursuant to this chapter may, by written notice to

the commissioner of elementary and secondary education, elect to have this subsection apply (or

not apply) to its teachers, administrators, and employees:

     (i) Teachers and administrators in a mayoral academy shall be entitled to prevailing wages

and benefits as enjoyed by other public school teachers and administrators;

     (ii) Teachers and administrators in a mayoral academy shall be entitled to participate in the

state teachers' retirement system under chapter 8 of title 36;

     (iii) Employment in a mayoral academy shall be considered "service" as that term is defined

in chapter 16 of this title.

     (14) Identify, with particularity, the state laws, state regulations, and school district rules

from which variances are sought in order to facilitate operation of the mayoral academy. Explain

the reasons for each variance and the alternative method by which the concern that gave rise to the

regulation or provision will be addressed;

     (15) Provide a financial plan, including a proposed budget for the term of the charter, and

an annual audit of the financial and administrative operations of the mayoral academy, and the

manner in which the funds allocated to the mayoral academy will be managed and disbursed;

     (16) Provide procedures by which teaching personnel and parents can legally challenge

decisions of the governing board of the mayoral academy that do not conform to the mayoral

academy's charter;

     (17) Provide a copy of the proposed bylaws of the mayoral academy; and

     (18) Provide written support from the town or city council(s) in the proposed catchment

area if required pursuant to § 16-77-5.1; and

     (19) Provide a detailed copy of the academy's lottery and enrollment process, including,

but not limited to, the offer and acceptance process, the right to refuse an offer and the effect of

siblings not attending the academy.

     16-77.4-4. Revocation of the charter of a mayoral academy.

LC004084/SUB A - Page 18 of 22

     (a) The board of regents may revoke the charter of a mayoral academy at any time, pursuant

to § 16-77-5.1, if the school:

     (1) Materially violates provisions contained in the charter;

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

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

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

or

     (5) Fails to base its offer of enrollment on criteria prescribed by § 16-77.4-1(c);

     (6) Bases its offer of enrollment on criteria that is not in accordance with state or federal

law; or

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

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

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

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

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

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

39-1.

     16-77.4-7. Portions of title 16 applicable to mayoral academies.

     The following provisions of this title shall be binding on mayoral academies and may not

be waived by the commissioner under § 16-77.4-3:

     (1) Section 16-2-2 (minimum length of school year);

     (2) Section 16-2-17 (right to a safe school);

     (3) Section 16-8-10 (federal funds for school lunch);

     (4) Section 16-11-1 (certification of public school teachers);

     (5) Section 16-12-3 (duty to cultivate principles of morality);

     (6) Section 16-12-10 (immunity for report of suspected substance abuse);

     (7) Section 16-19-1 (compulsory attendance);

     (8) Section 16-20-1 (school holidays enumerated);

     (9) Sections 16-21-3 and 16-21-4 (fire safety);

     (10) Sections 16-21-10, 16-21-14, and 16-21-16 (health screenings);

     (11) Section 16-22-9 (uniform testing);

     (12) Section 16-24-2 (regulations of state board);

     (13) Section 16-38-1 (discrimination because of race or age);

     (14) Section 16-38-1.1 (discrimination because of sex);

LC004084/SUB A - Page 19 of 22

     (15) Section 16-38-2 (immunizations);

     (16) Section 16-38-4 (exclusive club);

     (17) Section 16-38-6 (commercial activities prohibited);

     (18) Section 16-38-9 (misconduct of school officers);

     (19) Section 16-38-10 (power of officials to visit schools);

     (20) Section 16-39-1 (appeal of matters of dispute to commissioner);

     (21) Section 16-39-2 (appeal of school committee actions to commissioner);

     (22) Section 16-39-3 (appeal to state board);

     (23) Section 16-39-3.1 (enforcement of final decision);

     (24) Section 16-39-3.2 (interim protective orders);

     (25) Section 16-39-8 (subpoena power of commissioner);

     (26) Section 16-40-16 (student records);

     (27) Section 16-71-1 (Educational Record Bill of Rights Act);

     (28) Section 16-21-21.1 (Penalties for drug, alcohol or weapons offenses);

     (29) Chapter 16-21.5 (Student interrogations); and

     (30) Section 16-1-5(20) (lottery process).

     SECTION 8. Chapter 16-77.4 of the General Laws entitled "Mayoral Academies [See Title

16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding thereto

the following section:

     16-77.4-3.1. Enrollment process.

     (a) Upon completion of its annual lottery process each mayoral academy shall notify the

department of education of the results and the mayoral academy shall offer enrollments according

to its approved charter to those students selected in the random lottery, subject to the provisions of

§ 16-77.4-1(c). The mayoral academy shall provide a written notice to the student and the student's

parent/guardian/responsible adult which shall include:

     (1) A date certain, which shall be at least twenty-eight (28) calendar days after the notice

is issued, by which the student or their parent/guardian/responsible adult must notify the mayoral

academy of the student's intention to matriculate at the school at the start of the next school year;

and

     (2) A statement that this offer of attendance is an opt-in offer, and failure to notify the

mayoral academy of the student's intent to matriculate at the mayoral academy shall result in

another student being offered that position.

     (b) A student may choose to accept the offer, or reject said offer to enroll.

     (1) In the event a student rejects the invitation to enroll, another student shall be selected

LC004084/SUB A - Page 20 of 22

from the waitlist, pursuant to the mayoral academy's approved charter, until all available openings

for students are filled.

     (c) Nothing in this section shall preclude a mayoral academy from enrolling students who

are otherwise eligible for enrollment prioritization as siblings of currently enrolled students or

children of staff.

     SECTION 9. This act shall take effect upon passage.

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LC004084/SUB A

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LC004084/SUB A - Page 21 of 22

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- STATE DEPARTMENT OF ELEMENTARY AND

SECONDARY EDUCATION

***

     This act would require district charter schools, independent charter schools, and mayoral

academies to use an annual lottery process established pursuant to rules and regulations

promulgated by the department of education, to select students who would be invited to enroll in a

public charter school. The act would also provide that parents and guardians of students could

inform the sending public school district or the department of education of their intent to have or

not have their child entered into the lottery. The act would also provide that a student could choose

to accept or reject the offer to enroll in the public charter school.

     This act would take effect upon passage.

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LC004084/SUB A

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LC004084/SUB A - Page 22 of 22