Chapter
102
2006 -- S 2085 SUBSTITUTE A
Enacted 06/16/06
A N A
C T
RELATING TO EDUCATION
-- ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS
Introduced By: Senators
Gallo, Walaska, P Fogarty, C Levesque, and Issa
Date Introduced: January 17,
2006
It is
enacted by the General Assembly as follows:
SECTION
1. Section 16-77-4 of the General Laws in Chapter 16-77 entitled
"Establishment
of Charter Public Schools" is hereby amended to read as follows:
16-77-4.
Procedure for creation of charter schools. -- (a) Any group eligible to
establish
a charter public school may apply to the commissioner of elementary and
secondary
education
and the school committee of the district.
(b) The commissioner of education may recommend to the board of regents for
elementary
and secondary education granting of a charter for a public school upon
receiving a
completed
application which contains all of the information which he or she deems
necessary to
fully
address the following issues. The application shall:
(1) Be submitted to the commissioner and to the local school committee by not
later than
December
1 of the school year before the school year in which the charter public 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 charter public 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 local
school
committee, and the commissioner of elementary and secondary education, which
indicates
the
progress made by the charter public school during the previous year in meeting
the charter
objectives;
(6) Present a plan for the governance, administration, and operation of the
charter public
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 charter public school, and the means of ensuring
accountability
to the
commissioner of education, the local school district, and the board of regents;
(7) Identify the building that will house the charter public 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
charter
public 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 nondiscriminatory criteria
for
admission
in accordance with applicable state and federal law, along with a program to
encourage
the
enrollment of a diverse student population. The makeup of the charter public
school must be
reflective
of the student population of the district, including but not limited to special
education
children,
children at risk, children eligible for free or reduced cost lunch, and limited
English
proficient
students. No charter shall be authorized for a school with a student population
that does
not
include students eligible for free or reduced cost lunch, students with limited
English
proficiency,
and special education students in a combined percentage which is at least equal
to the
combined
percentage of those student populations enrolled in the school district as a
whole;
(11) Explain the student discipline procedures;
(12) Explain the relationship that will exist between the proposed charter
public school
and its
employees, including the terms and conditions of employment and the qualifications
that
the
employees must meet. Teachers and administrators in charter public schools must
be certified
pursuant
to state law and regulation. Teachers and administrators in charter schools
shall be
entitled
to prevailing wages and benefits as enjoyed by other public school teachers and
administrators
within the school district, and shall be subject to the state teacher
retirement
system
under chapter 8 of title 36. Employment in a charter school shall be considered
"service"
as that
term is defined in chapter 16 of this title. All employees and prospective
employees of a
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 charter
public 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 charter
public school, and the
manner
in which the funds allocated to the charter public 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 which do not conform to the school's
charter; and
(16) Provide a copy of the proposed bylaws of the charter public school.
SECTION
2. This act shall take effect upon passage.
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LC00717/SUB A
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