Chapter 004

2010 -- S 2406

03/16/10

 

A N A C T

RELATING TO EDUCATION -- ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS

         

     Introduced By: Senators DiPalma, Jabour, Picard, Maher, and Connors

     Date Introduced: February 11, 2010

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 16-77-2 and 16-77-8 of the General Laws in Chapter 16-77

entitled "Establishment of Charter Public Schools" are hereby amended to read as follows:

 

     16-77-2. Legislative purpose. -- (a) The purpose of this chapter is to provide an

alternative within the public education system by offering opportunities for existing public

schools, groups of public school personnel, school districts, and established Rhode Island

nonprofit organizations to establish and maintain a high performing public school program

according to the terms of its charter. The key appeal of the charter school concept is its promise

of increased accountability for student achievement in exchange for increased school autonomy.

      (b) Charter public schools are intended to be vanguards, laboratories, and an expression

of the on-going and vital state interest in the improvement of education. Notwithstanding the

provisions of this section or any special law to the contrary, a charter school shall be deemed to

be a public school acting under state law, and subject to the Age Discrimination Act of 1975, 42

U.S.C. section 6101, et seq., title VI of the Civil Rights Act of 1964, 42 U.S.C. section 2000d, et

seq., title IX of the educational amendments of 1972, 20 U.S.C. section 1681, et seq., section 794

of title 29, and part B of the Individuals With Disabilities Education Act, 20 U.S.C. section 1411,

et seq. All students and prospective students of a charter school shall be deemed to be public

school students, having all the same rights under federal and Rhode Island law as students and

prospective students at a non-chartered public school. These charter public schools shall be

vehicles for research and development in areas such as curriculum, pedagogy, administration,

materials, facilities, governance, parent relations and involvement, social development,

instructor's and administrator's responsibilities, working conditions, and fiscal and student

performance accountability. It is the intent of the general assembly to create within the public

school system vehicles for innovative learning opportunities to be utilized and evaluated in pilot

projects. The provisions of this chapter are to be interpreted liberally to support the purposes set

forth in this chapter and to advance a renewed commitment by the state to the mission, goals, and

diversity of public education.

      (c) It is the intent of the general assembly to provide opportunities for teachers, parents,

pupils, and community members to establish and maintain public schools that operate

independently as a method to accomplish all of the following:

      (1) Improve pupil learning by creating schools with rigorous academic standards in all

basic areas of instruction for high pupil performance;

      (2) Increase learning opportunities for all pupils, with special emphasis on expanded

learning experiences for pupils who are identified as educationally disadvantaged and at risk;

      (3) Encourage the use of innovative teaching methods;

      (4) Create opportunities for teachers, including the opportunity to be responsible for the

learning program at the school site;

      (5) Provide parents and pupils with expanded choices in the types of educational

opportunities that are available within the public school system;

      (6) Hold the schools established under this chapter accountable for meeting publicly

promulgated, measurable, state and charter-based pupil academic results, and provide the schools

with a method to implement performance based and/or other student based accountability

systems, while providing a means to restrict the expansion of ineffective charter schools; and

      (7) Encourage parental and community involvement with public schools.

 

     16-77-8. Oversight by commissioner. -- (a) Individuals or groups may complain to a

charter school's governing body concerning any claimed violation of the provisions of this

chapter by the school. If, after presenting their complaint to the governing body, the individuals

or groups believe their complaint has not been adequately addressed, they may submit their

complaint to the commissioner of elementary and secondary education who shall hear and decide

the issue pursuant to sections 16-39-1 and 16-39-2.

      (b) Charter school approval for establishment or continuation shall be for up to a five (5)

year period. In either case, board of regents approval is required. However, the charter may be

revoked at any time 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; or

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

regents.

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

school," which is defined as a charter 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 school.

     (c) After denying or prior to nonrenewing or revoking a charter, the department of

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

section 16-39-1.

      (d) No more than twenty (20) thirty-five (35) charters, serving no more than four percent

(4%) of the state's school age population, shall be granted. At least ten (10) of the twenty (20)

total charters one-half (1/2) of the total number of charter public schools in the state shall be

reserved for charter school applications which are designed to increase the educational

opportunities for at-risk pupils.

     (e) The establishment of new charter public schools shall be contingent upon approval

and appropriation by the state.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01873

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