Chapter 084

2010 -- H 7867 SUBSTITUTE A AS AMENDED

Enacted 06/16/10

 

A N A C T

RELATING TO EDUCATION

          

     Introduced By: Representatives Silva, Gablinske, and Vaudreuil

     Date Introduced: March 04, 2010

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 16-77-1 of the General Laws in Chapter 16-77 entitled

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

 

     16-77-1. Short title. -- This chapter Chapters 16-77, 16-77.1, 16-77.2, 16-77.3, and 16-

77.4 of the general laws shall be known and may be cited collectively as the "Charter Public

School Act of Rhode Island" or as the “Act”.

 

     SECTION 2. Sections 16-77-2, 16-77-3, 16-77-4, 16-77-4.1, 16-77-4.2, 16-77-5, 16-77-

6, 16-77-7, 16-77-8, 16-77-9, 16-77-10, 16-77-11 and 16-77-12 of the General Laws in Chapter

16-77 entitled "Establishment of Charter Public Schools" are hereby repealed.

 

     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 public school program according to the terms

of its charter.

      (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

O.K. section 6101, et seq., title VI of the Civil Rights Act of 1964, 42 O.K. section 2000d, et seq.,

title IX of the educational amendments of 1972, 20 O.K. section 1681, et seq., section 794 of title

29, and part B of the Individuals With Disabilities Education Act, 20 O.K. 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 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 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; and

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

 

     16-77-3. Commissioner of elementary and secondary education and local school

committee authorized to recommend the granting of a charter. -- (a) The commissioner of

elementary and secondary education and/or the school committee where the charter public school

is to be located are authorized in response to an application to recommend to the board of regents

for elementary and secondary education the granting of a revocable charter authorizing operation

of a charter public school for up to five (5) years, subject to renewal for additional five-year

periods.

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

be limited to:

      (1) Existing public schools;

      (2) Groups of public school personnel;

      (3) Public school districts;

      (4) Established Rhode Island nonprofit organizations in accordance with subsection (I)

of this section 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;

      (5) A group of school districts;

      (6) Colleges and universities within the state of Rhode Island; or

      (7) A mayor of any city or town within the state of Rhode Island, acting by or through a

nonprofit organization (regardless of the time said nonprofit organization is in existence) to

establish a mayoral academy as hereinafter defined. For purposes of this chapter the term

"mayor" shall include any elected town administrator.

      (c) No existing public school shall be converted into a charter public 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 section 16-77-4.1.

      (d) No private or parochial schools shall be eligible for charter school status, nor shall a

charter school be affiliated in any way with a sectarian school or religious institution. Any charter

school authorized by this chapter shall be nonsectarian and nonreligious in its programs,

admissions policies, employment practices, and all other operations. The board of regents shall

not approve a charter to a school whose overall operation or education program is managed by a

for profit entity.

      (e) 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 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.

      (f) No child shall be required to attend a charter public school nor shall any teacher be

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

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

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

participate to transfer into the charter public school as space permits. If the total number of

students who are eligible to attend and apply to a charter school is greater than the number of

spaces available, the charter school shall conduct a lottery to determine which students shall be

admitted.

      (g) The commissioner is empowered to promulgate rules and regulations consistent with

this chapter, in conformance with chapter 35 of title 42, for the creation and operation of charter

public schools. These rules and regulations shall set forth the process for rescission of state

approval of a charter school, including appropriate protections to ensure the continued provision

of education services to the students of the charter school whose charter is rescinded.

      (h) All charter schools shall adhere to financial record keeping, reporting, auditing

requirements, and procedures in the same manner as required of local public school districts and

in accordance with federal and state laws and regulations.

      (I) Any nonprofit organization which seeks to establish a 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 time

of initial charter application the financial records and financial recordkeeping system of the

nonprofit organization and the proposed financial plan for the charter school shall be reviewed by

the auditor general and the auditor general shall, while the application is being considered for

preliminary approval by the board of regents, provide an initial determination to the board of

regents, the commissioner of elementary and secondary education, and the speaker of the house

of representatives indicating that the auditor general is satisfied that the nonprofit organization is

financially responsible. Final approval for operation of the public charter school shall not be

granted by the board of regents 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 board of regents, the commissioner of elementary

and secondary education, and the speaker of the house of representatives of the findings. During

the year immediately preceding the September in which the public 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 public charter school is to begin operation shall include,

but not be limited to, evidence submitted to the auditor general not later than June 1 prior to the

opening of the public 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 public charter school will operate in its first year of operation. The auditor

general shall have the authority to review charter schools on an annual basis or require the charter

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 board of regents shall withdraw its approval for the charter school to continue

operation.

      (j) Notwithstanding the provisions of this section, the Board of Regents shall not grant

final approval for any new charter school to begin operations in the 2006-2007 or 2007-2008

school year except for mayoral academies as hereinafter defined.

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

acting through a nonprofit organization established for said purpose, which enrolls students from

more than one city or town including both urban and non-urban communities and which 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 which is comprised of representatives from

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

 

     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. With the exception of mayoral academies, 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. With the exception of mayoral

academies, employment in a charter school shall be considered "service" as that term is defined in

chapter 16 of this title. With the exception of mayoral academies, 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. Each mayoral academy established pursuant to this

chapter may nevertheless, by written notice to the commissioner of elementary and secondary

education, elect to have this subsection apply to its teachers, administrators and employees.

      (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.

 

     16-77-4.1. Establishing a charter public school within a school district. -- (a) In those

instances where a charter is being sought for an existing public school, the 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 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 charter must receive the affirmative votes of parents or legal guardians

representing a majority of all the students assigned to the school. The charter may then be

presented by the commissioner of elementary and secondary education to the board of regents for

elementary and secondary education for its approval.

      (b) In those instances where a charter is being sought by a school district for a newly

created public charter school, the charter must receive the affirmative support of a number of

certified teachers employed within the school district at least equal to two-thirds (2/3) of the

number of teachers that will be required to staff the proposed charter public school. The teachers

must state their desire to transfer to the charter public 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 charter public school. The parents or

guardians must state their desire to have their children transfer to the charter public school, once

established, and to be educated under the terms of the charter. The charter may then be presented

by the commissioner of elementary and secondary education to the board of regents for

elementary and secondary education 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 charter

public school.

      (c) The charter shall set forth those provisions of state statute, regulation, and of school

district rules which will not be applicable to that charter public school. By two-thirds (2/3) vote of

the teachers as provided for in this section, the teachers will be deemed to have given their

consent to the variances from those provisions of law, regulation, and school district rules. The

charter shall set forth those provisions of the collective bargaining agreement which will not be

applicable to that charter public school subject to agreement by the parties to the collectively

bargaining agreement. By approval of the charter upon the recommendation of the commissioner

of elementary and secondary education, 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 of elementary and secondary education.

 

     16-77-4.2. Establishing a charter public school at a newly created school. -- To

demonstrate parental support for the proposed charter public school, the charter must receive the

affirmative support of parents or legal guardians representing a number of students equal to at

least one-half (1/2) of the number of students who would be needed to attend the proposed charter

public school. The parents or guardians must state their desire to have their children transfer to

the charter public school, once established, and to be educated under the terms of the charter. The

charter may then be presented by the commissioner of elementary and secondary education to the

board of regents for elementary and secondary education for its approval. The charter shall set

forth those provisions of state statute, regulation, school district rule which will not be applicable

to that charter public school. By approval of the charter upon the recommendation of the

commissioner of elementary and secondary education, 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, regulations, or

school district rule 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 employed by the school

and by an affirmative vote of the board of regents upon a recommendation of the commissioner of

elementary and secondary education.

 

     16-77-5. Process for consideration of proposed charter. -- (a) If the commissioner of

elementary and secondary education or the local school committee finds the application to be

incomplete, further information may be requested and required. The commissioner shall develop

regulations for amending an approved charter, consistent with the provisions of this chapter.

      (b) After having received a satisfactory application, the commissioner of elementary and

secondary education will provide for a public comment period of not less than sixty (60) days,

during which they will hold at least two (2) public hearings on the application. These hearings

will be held in the district where the proposed charter school is to be located. Any person may file

with the committee and/or the commissioner comments, recommendations, and/or objections

relevant to the granting of a charter.

      (c) A copy of the completed application for a charter public school at an existing public

school shall be provided to the collective bargaining agent for the teachers in that school district

at the time that it is filed with the school committee and the commissioner. The teachers through

their collective bargaining agent shall be afforded the opportunity to present their analysis of and

recommendations regarding the proposed charter to the school committee and the board of

regents for elementary and secondary education prior to any determination by those entities. If the

teachers' union objects to the proposed charter or to any provision of it, it shall set forth the

reasons for those objections in detail. These objections and recommendations shall be considered

and responded to by the school committee and the commissioner before making any

recommendation to the board of regents, and by the board of regents prior to its determination.

      (d) The commissioner and the local school committee will each decide on whether or not

to recommend the granting of the charter within ninety (90) days after the conclusion of the

public comment period.

      (e) If the commissioner of elementary and secondary education or the local school

committee recommend the granting of the charter public school petition, the matter shall be

referred to the board of regents for a decision on whether or not to grant a charter. Notice of the

granting or denial of the application will be supplied. The decision of the board of regents,

complete with reasons and conditions, shall be made available to the public and to the applicant.

      (f) The commissioner, with the approval of the board of regents for elementary and

secondary education, may grant a variance to any provision of title 16 other than those

enumerated in section 16-77-11 and to any department of education regulation and to any school

district regulation which does not affect the health and safety or civil rights of pupils in charter

public schools.

      (g) All charter applications shall be matters of public record and will be provided to

members of the public upon request.

      (h) Notwithstanding the provisions of this section, the Board of Regents shall not grant

final approval for any new charter school to begin operations in the 2006-2007 or 2007-2008

school year.

 

     16-77-6. Budgets and funding. -- (a) It is the intent of the general assembly that funding

pursuant to this chapter shall be neither a financial incentive nor a financial disincentive to the

establishment of a charter school. Funding for each charter public school shall consist of state

revenue and municipal or district revenue in the same proportions that funding is provided for

other schools within the school district in which the charter public school is located.

      (b) The amount of funding which shall be allocated to the charter public school by the

school district shall be equal to a percentage of the total budgeted expenses of the district which is

determined by dividing the number of students enrolled in the charter public school by the total

resident average daily number of students in the school district.

      (c) Funding additional to that authorized from the school district by subsection (b) may

be allocated to the charter public school from the school district to the extent that the combined

percentage of students eligible for free or reduced cost lunch, students with limited English

proficiency, and students requiring special education exceed the combined percentage of those

students in the school district as a whole. The commissioner of elementary and secondary

education shall promulgate rules and regulations consistent with this section regarding the

allocation of funds from school districts to charter public schools within those districts.

      (d) All services centrally or otherwise provided by the school district in which the

charter public school is located which the charter public school decides to utilize including, but

not limited to, transportation, food services, custodial services, maintenance, curriculum, media

services, libraries, nursing, and warehousing, shall be subject to negotiation between a charter

public school and the local school district and paid for out of the revenues of the charter school.

Disputes with regard to cost of services requested from local districts will be adjudicated by the

commissioner of elementary and secondary education.

      (e) A charter public school shall be eligible to receive other aids, grants, Medicaid

revenue, and other revenue according to Rhode Island law, as though it were a school district.

Federal aid received by the state shall be used to benefit students in the charter public school, if

the school qualifies for the aid, as though it were a school district.

      (f) A charter public school may negotiate and contract directly with third parties for the

purchase of books, instructional materials, and any other goods and services which are not being

provided by the school district pursuant to the charter.

      (g) Any career/technical charter public school enrolling special education students from

outside school districts with verifiable individual education program (IEP) designations shall

receive from the sending district the average per pupil special education cost of the sending

district.

 

     16-77-7. Immunity and liability. -- Charter public schools have the same immunity

possessed by school districts to suit as limited by chapter 31 of title 9. A charter public school

shall have the authority to indemnify its employees to the extent that they are not already

indemnified by the school district and/or the board of regents pursuant to section 9-1-31.

 

     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.

      (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) 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

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

opportunities for at-risk pupils.

 

     16-77-9. Additional standards. -- (a) No student tuition or mandatory fees may be

charged by any charter public school.

      (b) A charter public school may include any grade up to grade twelve (12) or any

configuration of those grades, including kindergarten and prekindergarten. If specified in its

charter, a charter public school may also operate an adult education program, adult high school

completion program, or general education development testing preparation program.

      (c) It is the intent of the general assembly that priority of consideration be given to

charter public school applications designed to increase the educational opportunities of

educationally disadvantaged and at-risk pupils.

      (d) A charter public school may establish reasonable academic standards as a condition

for eligibility for applicants which are in accordance with current state law and practice in

existing public schools, and which do not discriminate against otherwise qualified individuals

with a disability and which comply fully with section 16-77-4(b)(10).

      (e) A student who is not under suspension or expulsion for discipline reasons may

withdraw from a charter public school at any time and enroll in another public school in the

district where the student resides as determined by the school committee of the district. A student

may be suspended or expelled from a charter public school in accordance with the board of

regents and local district regulations for suspensions and/or expulsions, and other public schools

may give full faith and credit to that suspension or expulsion.

      (f) The governing board of a charter public school shall be subject to the Open Meetings

Law, chapter 46 of title 42.

 

     16-77-10. Applicability of other provisions of title 16. -- The board of regents for

elementary and secondary education may grant to charter public schools variances of specific

chapters and sections of this title except to the extent that these chapters and sections are

enumerated in section 16-77-11.

 

     16-77-11. Portions of title 16 applicable to charter schools. -- The following provisions

of this title shall be binding on charter public schools and may not be waived by the

commissioner of elementary and secondary education:

      (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) (with the exception of mayoral academies);

      (8) Chapter 16 (teachers' retirement) (with the exception of mayoral academies);

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

      (10) Sections 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);

      (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).

 

     16-77-12. Charter school reporting. -- All charter schools shall continuously monitor

their financial operations by tracking actual versus budgeted revenue and expense. The chief

financial officer of the charter school shall submit a report on a quarterly basis to the state office

of municipal affairs certifying the status of the charter school budget.

      The quarterly reports shall be in a format prescribed by the state office of municipal

affairs and the state auditor general. The reports shall contain a statement as to whether any actual

or projected shortfalls in budget line items are expected to result in a year-end deficit, the

projected impact on year-end financial results including all accruals and encumbrances, and how

the charter school plans to address any such shortfalls.

      The auditor general or the state director of administration may petition the superior court

to order the charter school to file said reports. The director of administration may also direct the

state controller and general treasurer to withhold any funding to the charter school until the

school complies with the reporting requirements hereunder. Failure to comply with this section

shall be cause for the revocation of the school charter.

 

     SECTION 3. Chapter 16-77 of the General Laws entitled "Establishment of Charter

Public Schools" is hereby amended by adding thereto the following sections:

 

     16-77-2.1. Definitions. As used in this chapter, the following words shall have the

following meanings:

     (1) “District charter schools” means schools created by existing public schools, groups of

public school personnel, public school districts, or a group of school districts.

     (2) “Independent charter schools” means schools created by: (I) 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 (ii) Colleges or

universities within the State of Rhode Island.

     (3) “Mayoral academies” means schools created by a mayor of any city or town within

the State of Rhode Island, acting by or through a nonprofit organization (regardless of the time

said nonprofit organization is in existence) to establish a mayoral academy as hereinafter

described in chapter 16-77.4 ("Mayoral Academies"). For purposes of this chapter the term

"mayor" shall include any elected town administrator.

     (4) “Charter public schools” means district charter schools, independent charter schools,

or mayoral academies.

     (5) “Board of regents” means the Rhode Island board of regents for elementary and

secondary education.

     (6) “Commissioner” means the Rhode Island commissioner of elementary and secondary

education.

     (7) “Sending school district” means the district where the student attending or planning to

attend a charter public school resides.

 

     16-77-3.1. Legislative purpose. -- (a) The purpose of this chapter is to provide an

alternative within the public education system by offering opportunities for entities identified in

section 16-77-2.1 to establish and maintain a high performing public school program according to

the terms of a 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 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, student performance and

fiscal 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 public schools;

and

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

     (d) No private or parochial schools shall be eligible for charter public school status, nor

shall a charter public school be affiliated in any way with a sectarian school or religious

institution. Any charter public school authorized by this chapter shall be nonsectarian and

nonreligious in its programs, admissions policies, employment practices, and all other operations.

The board of regents shall not approve a charter to a school whose overall operation or education

program is managed by a for profit entity.

     (e) The commissioner is empowered to promulgate rules and regulations consistent with

this chapter, in conformance with chapter 35 of title 42, for the creation and operation of charter

public schools. These rules and regulations shall set forth the process for rescission of state

approval of a charter public school, including appropriate protections to ensure the continued

provision of education services to the students of the charter public school whose charter is

rescinded.

     (f) All charter public schools shall adhere to financial record keeping, reporting, auditing

requirements, and procedures as required by the Rhode Island department of education and in

accordance with federal and state laws and regulations.

     (g) No more than thirty-five (35) charters shall be granted. At least 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.

 

     16-77-4.1. Immunity and liability. -- Charter public schools have the same immunity

possessed by school districts to suit as limited by chapter 31 of title 9. A charter public school

shall have the authority to indemnify its employees to the extent that they are not already

indemnified by the school district and/or the board of regents pursuant to section 9-1-31.

 

     16-77-5.1. Oversight by commissioner. -- (a) Individuals or groups may complain to a

charter public 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 who shall hear and decide the issue pursuant to sections 16-39-1

and 16-39-2.

     (b) Charter public 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;

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

regents; or

     (5) 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.

     (c) 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

section 16-39-1.

     (d) The establishment of new charter public schools shall be contingent upon state

approval and appropriation.

 

     16-77-6.1. Additional standards. -- (a) No student tuition or mandatory fees may be

charged by any charter public school.

     (b) A charter public school may include any grade up to grade twelve (12) or any

configuration of those grades, including kindergarten and prekindergarten. If specified in its

charter, a charter public school may also operate an adult education program, adult high school

completion program, or general education development testing preparation program.

     (c) It is the intent of the general assembly that priority of consideration be given to

charter public school applications designed to increase the educational opportunities of

educationally disadvantaged and at-risk pupils.

     (d) A student who is not under suspension or expulsion for discipline reasons may

withdraw from a charter public school at any time and enroll in another public school in the

district where the student resides as determined by the school committee of the district. A student

may be suspended or expelled from a charter public school in accordance with the board of

regents regulations for suspensions and/or expulsions, and other public schools may give full faith

and credit to that suspension or expulsion.

     (e) The governing body of a charter public school shall be subject to the Open Meetings

Law, chapter 46 of title 42.

 

     SECTION 4. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

 

CHAPTER 77.2

DISTRICT CHARTER SCHOOL

 

     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 section 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.

 

     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;

     (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, 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;

     (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.

     (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.

 

     16-77.2-3. Process for consideration of proposed charter. -- (a) If the commissioner or

the school committee of the district where the district charter school is to be located finds the

proposed charter to be incomplete, further information may be requested and required. The

commissioner shall develop regulations for amending an approved charter, consistent with the

provisions of this chapter.

     (b) After having received a satisfactory proposed charter, the commissioner will provide

for a public comment period of not less than sixty (60) days, during which they will hold at least

two (2) public hearings on the proposed charter. These hearings will be held in the district where

the proposed district charter school is to be located. Any person may file with the committee

and/or the commissioner comments, recommendations, and/or objections relevant to the granting

of a charter.

     (c) A copy of the proposed charter for a district charter school at an existing public school

shall be provided to the collective bargaining agent for the teachers in the school district where

the district charter school is to be located at the time that it is filed with the school committee of

the district where the district charter school is to be located and the commissioner. The teachers

through their collective bargaining agent shall be afforded the opportunity to present their

analysis of and recommendations regarding the proposed charter to the school committee of the

district where the district charter school is to be located and the board of regents prior to any

determination by those entities. If the teachers' union objects to the proposed charter or to any

provision of it, it shall set forth the reasons for those objections in detail. These objections and

recommendations shall be considered and responded to by the school committee of the district

where the district charter school is to be located and the commissioner before making any

recommendation to the board of regents, and by the board of regents prior to its determination.

     (d) The commissioner or the school committee of the district where the district charter

school is to be located will each decide on whether or not to recommend the granting of the

charter to the board of regents within ninety (90) days after the conclusion of the public comment

period.

     (e) The commissioner or the school committee of the district where the district charter

school is to be located may recommend to the board of regents granting of a revocable charter for

a district charter school upon receiving a proposed charter.

      (f) If the commissioner or the school committee of the district where the district charter

school is to be located recommends the granting of the proposed charter, the matter shall be

referred to the board of regents for a decision on whether to grant a charter. The board of regents

may grant a charter for a period of up to five (5) years. The decision of the board of regents,

complete with reasons and conditions, shall be made available to the public and to the applicant.

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

period. At the conclusion of each five (5) year period, the board of regents may conduct a

subsequent review of the district charter school’s charter. If the board of regents does not

conduct such a review, the charter shall renew for another five (5) year period. The

commissioner, with approval of the board of regents, shall promulgate rules and regulations for

these five (5) year reviews.

     (g) The commissioner, with the approval of the board of regents, may grant a variance to

any provision of title 16 other than those enumerated in section 16-77.1, and to any department of

education regulation and to any school district regulation which does not affect the health and

safety or civil rights of pupils in district charter schools.

     (h) All proposed charters shall be matters of public record and will be provided to

members of the public upon request.

 

     16-77.2-4. Revocation of the charter of a district charter school. -- (a) The board of

regents may revoke the charter of a district charter school at any time, pursuant to section 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) 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

section 16-39-1.

 

     16-77.2-5. Budgets and funding. -- (a) It is the intent of the general assembly that

funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive

to the establishment of a district charter school. Funding for each district charter school shall

consist of state revenue and municipal or district revenue in the same proportions that funding is

provided for other schools within the sending school district(s).

     (b) The amount of funding which shall be allocated to the district charter school by the

sending school district(s) shall be equal to a percentage of the total budgeted expenses of the

sending school district(s) which is determined by dividing the number of students enrolled in the

district charter school by the total resident average daily number of students in the sending school

district(s).

     (c) Funding additional to that authorized from the sending school district(s) by subsection

(b) may be allocated to the district charter school from the sending school district(s) to the extent

that the combined percentage of students eligible for free or reduced cost lunch, students with

limited English proficiency, and students requiring special education exceed the combined

percentage of those students in the sending school district(s) as a whole. The commissioner shall

promulgate rules and regulations consistent with this section regarding the allocation of funds

from sending school districts to district charter schools.

     (d) All services centrally or otherwise provided by the school district in which the district

charter school is located which the district charter school decides to utilize including, but not

limited to, transportation, food services, custodial services, maintenance, curriculum, media

services, libraries, nursing, and warehousing, shall be subject to negotiation between a district

charter school and the school district in which the district charter school is located and paid for

out of the revenues of the district charter school. Disputes with regard to cost of services

requested from the school district in which the district charter school is located will be

adjudicated by the commissioner.

     (e) A district charter school shall be eligible to receive other aids, grants, Medicaid

revenue, and other revenue according to Rhode Island law, as though it were a school district.

Federal aid received by the state shall be used to benefit students in the charter public school, if

the school qualifies for the aid, as though it were a school district.

     (f) A district charter school may negotiate and contract directly with third parties for the

purchase of books, instructional materials, and any other goods and services which are not being

provided by the sending school district(s) pursuant to the charter.

     (g) Any career/technical charter public school enrolling special education students from

outside school districts with verifiable individual education program (IEP) designations shall

receive from the sending school district(s) the average per pupil special education cost of the

sending district, in accordance with standards established by the Rhode Island department of

secondary and elementary education.

 

     16-77.2-6. Applicability of other provisions of title 16. -- The board of regents may

grant to district charter schools variances of specific chapters and sections of this title except to

the extent that these chapters and sections are enumerated in section 16-77.2-7.

 

     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 section 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);

     (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);

 

     16-77.2-8. Charter school reporting. – (a) All district charter schools shall continuously

monitor their financial operations by tracking actual versus budgeted revenue and expense. The

chief financial officer of the district charter school shall submit a report on a quarterly basis to the

state office of municipal affairs certifying the status of the district charter school budget.

     (b) The quarterly reports shall be in a format prescribed by the state office of municipal

affairs and the state auditor general. The reports shall contain a statement as to whether any actual

or projected shortfalls in budget line items are expected to result in a year-end deficit, the

projected impact on year-end financial results including all accruals and encumbrances, and how

the district charter school plans to address any such shortfalls. The auditor general or the state

director of administration may petition the superior court to order the district charter school to file

said reports. The director of administration may also direct the state controller and general

treasurer to withhold any funding to the district charter school until the school complies with the

reporting requirements hereunder. Failure to comply with this section shall be cause for the

revocation of the school charter.

 

     SECTION 5. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

 

CHAPTER 77.3

INDEPENDENT CHARTER SCHOOLS

 

     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.

 

     16-77.3-2. Procedure for creation of independent charter schools. -- (a) Any persons

or entities eligible to establish an independent charter public school may submit a proposed

charter to the commissioner. 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, which 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 board of regents;

     (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, 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 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 which do not conform to the school's charter; and

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

     (c) Any nonprofit organization which 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 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 board of regents, provide an initial

determination to the board of regents, the commissioner, and the speaker of the house of

representatives 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 board of regents 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 board of regents, the commissioner, 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 board of regents shall withdraw its approval for the

independent charter school to continue operation.

 

     16-77.3-3. Process for consideration of proposed charter. -- (a) If the commissioner

finds the proposed charter to be incomplete, further information may be requested and required.

The commissioner shall develop regulations for amending an approved charter, consistent with

the provisions of this chapter.

     (b) After having received a satisfactory proposed charter, the commissioner will provide

for a public comment period of not less than sixty (60) days, during which they will hold at least

two (2) public hearings on the proposed charter. These hearings will be held in the district where

the proposed independent charter school is to be located. Any person may file with the

commissioner comments, recommendations, and/or objections relevant to the granting of a

charter.

     (c) The commissioner will decide on whether or not to recommend the granting of the

charter to the board of regents within ninety (90) days after the conclusion of the public comment

period.

     (d) If the commissioner recommends the granting of the proposed charter, the matter shall

be referred to the board of regents for a decision on whether to grant a revocable charter. The

board of regents may grant a charter for a period of up to five (5) years. The decision of the

board of regents, complete with reasons and conditions, shall be made available to the public and

to the applicant. Charter public school approval for establishment or continuation shall be for up

to a five (5) year period. At the conclusion of each five (5) year period, the board of regents may

conduct a subsequent review of the independent charter school’s charter. If the board of regents

does not conduct such a review, the charter shall renew for another five (5) year period. The

commissioner, with approval of the board of regents, shall promulgate rules and regulations for

these five (5) year reviews.

     (e) The commissioner, with the approval of the board of regents, may grant a variance to

any provision of title 16 other than those enumerated in section 16-77.3-7 and to any department

of education regulation and to any school district regulation which does not affect the health and

safety or civil rights of pupils in independent charter schools.

     (f) All proposed charters shall be matters of public record and will be provided to

members of the public upon request.

 

     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

section 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; or

     (5) 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

section 16-39-1.

 

     16-77.3-5. Budgets and funding. -- (a) It is the intent of the general assembly that

funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive

to the establishment of an independent charter school. Funding for each independent charter

school shall consist of state revenue and municipal or district revenue in the same proportions that

funding is provided for other schools within the sending school district(s).

     (b) The amount of funding which shall be allocated to the independent charter school by

the sending school district(s) shall be equal to a percentage of the total budgeted expenses of the

sending school district(s) which is determined by dividing the number of students enrolled in the

district charter school by the total resident average daily number of students in the sending school

district(s).

     (c) Funding additional to that authorized from the sending school district(s) by subsection

(b) may be allocated to the independent charter school from the sending school district(s) to the

extent that the combined percentage of students eligible for free or reduced cost lunch, students

with limited English proficiency, and students requiring special education exceed the combined

percentage of those students in the sending school district(s) as a whole. The commissioner shall

promulgate rules and regulations consistent with this section regarding the allocation of funds

from sending school districts to independent charter schools.

      (d) An independent charter school shall be eligible to receive other aids, grants,

Medicaid revenue, and other revenue according to Rhode Island law, as though it were a school

district. Federal aid received by the state shall be used to benefit students in the independent

charter school, if the school qualifies for the aid, as though it were a school district.

     (e) An independent charter school may negotiate and contract directly with third parties

for the purchase of books, instructional materials, and any other goods and services which are not

being provided by the sending school district(s) pursuant to the charter.

     (f) Any career/technical charter public school enrolling special education students from

outside school districts with verifiable individual education program (IEP) designations shall

receive from the sending school district(s) the average per pupil special education cost of the

sending district, in accordance with standards established by the Rhode Island department of

elementary and secondary education.

 

     16-77.3-6. Applicability of other provisions of title 16. -- The board of regents may

grant to independent charter schools variances of specific chapters and sections of this title except

to the extent that these chapters and sections are enumerated in section 16-77.3-7.

 

     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 section 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);

     (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).

 

     16-77.3-8. Charter school reporting. – (a) All independent charter schools shall

continuously monitor their financial operations by tracking actual versus budgeted revenue and

expense. The chief financial officer of the independent charter school shall submit a report on a

quarterly basis to the state office of municipal affairs certifying the status of the independent

charter school budget. The quarterly reports shall be in a format prescribed by the state office of

municipal affairs and the state auditor general. The reports shall contain a statement as to whether

any actual or projected shortfalls in budget line items are expected to result in a year-end deficit,

the projected impact on year-end financial results including all accruals and encumbrances, and

how the independent charter school plans to address any such shortfalls.

     (b) The auditor general or the state director of administration may petition the superior

court to order the independent charter school to file said reports. The director of administration

may also direct the state controller and general treasurer to withhold any funding to the

independent charter school until the school complies with the reporting requirements hereunder.

Failure to comply with this section shall be cause for the revocation of the school charter.

 

     SECTION 6. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

 

CHAPTER 77.4

MAYORAL ACADEMIES

 

     16-77.4-1. Entities eligible to apply to become 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), which enrolls students from

more than one city or town including both urban and non-urban communities and which 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 which is comprised of representatives from

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

 

     16-77.4-2. Procedure for creation of a mayoral academy. -- (a) Any persons or entities

eligible to establish a mayoral academy may submit a proposed charter to the commissioner. 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, which 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 board of regents;

     (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

accordance with applicable state and federal law, 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 which do not conform to the mayoral

academy’s charter; and

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

 

     16-77.4-3. Process for consideration of proposed charter. -- (a) If the commissioner

finds the proposed charter to be incomplete, further information may be requested and required.

The commissioner shall develop regulations for amending an approved charter, consistent with

the provisions of this chapter.

     (b) After having received a satisfactory proposed charter, the commissioner will provide

for a public comment period of not less than sixty (60) days, during which they will hold at least

two (2) public hearings on the proposed charter. These hearings will be held in the district where

the proposed mayoral academy is to be located. Any person may file with the committee and/or

the commissioner comments, recommendations, and/or objections relevant to the granting of a

charter.

     (c) The commissioner will decide whether to recommend the granting of the charter to

the board of regents within ninety (90) days after the conclusion of the public comment period.

     (d) If the commissioner recommends the granting of the proposed charter, the matter shall

be referred to the board of regents for a decision on whether to grant a charter. The board of

regents may grant a charter for a period of up to five (5) years. The decision of the board of

regents, complete with reasons and conditions, shall be made available to the public and to the

applicant. Charter public school approval for establishment or continuation shall be for up to a

five (5) year period. At the conclusion of each five (5) year period, the board of regents may

conduct a subsequent review of the mayoral academy’s charter. If the board of regents does not

conduct such a review, the charter shall renew for another five (5) year period. The

commissioner, with approval of the board of regents, shall promulgate rules and regulations for

these five (5) year reviews.

     (e) The commissioner, with the approval of the board of regents, may grant a variance to

any provision of title 16 other than those enumerated in section 16-77.4-7 and to any department

of education regulation and to any school district regulation which does not affect the health and

safety or civil rights of pupils in a mayoral academy.

     (f) All proposed charters shall be matters of public record and will be provided to

members of the public upon request.

 

     16-77.4-4. Revocation of the charter of a mayoral academy. -- (a) The board of

regents may revoke the charter of a mayoral academy at any time, pursuant to section 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) 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

section 16-39-1.

 

     16-77.4-5. Budgets and funding. -- (a) It is the intent of the general assembly that

funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive

to the establishment of a mayoral academy. Funding for each mayoral academy shall consist of

state revenue and municipal or district revenue in the same proportions that funding is provided

for other schools within the sending school district(s).

     (b) The amount of funding which shall be allocated to the mayoral academy by the

sending school district(s) shall be equal to a percentage of the total budgeted expenses of the

sending school district(s) which is determined by dividing the number of students enrolled in the

mayoral academy by the total resident average daily number of students in the sending school

district(s).

     (c) Funding additional to that authorized from the sending school district(s) by subsection

(b) may be allocated to the mayoral academy from the sending school district(s) to the extent that

the combined percentage of students eligible for free or reduced cost lunch, students with limited

English proficiency, and students requiring special education exceed the combined percentage of

those students in the sending school district(s) as a whole. The commissioner shall promulgate

rules and regulations consistent with this section regarding the allocation of funds from sending

school districts to mayoral academies.

     (d) A mayoral academy shall be eligible to receive other aids, grants, Medicaid revenue,

and other revenue according to Rhode Island law, as though it were a school district. Federal aid

received by the state shall be used to benefit students in a mayoral academy, if the school

qualifies for the aid, as though it were a school district.

     (e) A mayoral academy may negotiate and contract directly with third parties for the

purchase of books, instructional materials, and any other goods and services which are not being

provided by the sending school district(s) pursuant to the charter.

     (f) Any career/technical charter public school enrolling special education students from

outside school districts with verifiable individual education program (IEP) designations shall

receive from the sending school district(s) the average per pupil special education cost of the

sending district(s), in accordance with standards established by the Rhode Island department of

elementary and secondary education.

 

     16-77.4-6. Applicability of other provisions of title 16. -- The board of regents may

grant to mayoral academies variances of specific chapters and sections of this title except to the

extent that these chapters and sections are enumerated in section 16-77.4-7.

 

     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 section 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);

     (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);

 

     16-77.4-8. Mayoral academy reporting.(a) All mayoral academies shall continuously

monitor their financial operations by tracking actual versus budgeted revenue and expense. The

chief financial officer of a mayoral academy shall submit a report on a quarterly basis to the state

office of municipal affairs certifying the status of that mayoral academy’s budget. The quarterly

reports shall be in a format prescribed by the state office of municipal affairs and the state auditor

general. The reports shall contain a statement as to whether any actual or projected shortfalls in

budget line items are expected to result in a year-end deficit, the projected impact on year-end

financial results including all accruals and encumbrances, and how the mayoral academy plans to

address any such shortfalls.

     (b) The auditor general or the state director of administration may petition the superior

court to order a mayoral academy to file said reports. The director of administration may also

direct the state controller and general treasurer to withhold any funding to a mayoral academy

until the school complies with the reporting requirements hereunder. Failure to comply with this

section shall be cause for the revocation of the school charter.

 

     SECTION 7. This act shall take effect upon passage.

     

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LC02100/SUB A

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