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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