Title 16
Education

Chapter 3.2
School and Family Empowerment Act

§ 16-3.2-7. Portions of title 16 applicable to empowerment schools.

In addition to federal law and this chapter, the following provisions of this title shall be binding on empowerment schools. Accordingly, school committees may not endorse, nor may the commissioner approve, any request for waiver of the following provisions pursuant to this chapter:

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

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

(6) Sections 16-13-2, 16-13-3 (teachers’ tenure)

(7) Section 16-16-2 (teachers’ retirement);

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

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

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

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

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

(13) Section 16-24-2 (regulations of state board pertaining to children with disabilities);

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

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

(16) Section 16-38-2 (immunizations);

(17) Section 16-38-4 (exclusive clubs);

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

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

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

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

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

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

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

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

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

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

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

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

(30) Chapter 21.5 of title 16 (Student interrogations).

Although waivers for § 16-11-1 (teacher certification) are permissible, consistent with the locally approved plan, teachers in an empowerment school must hold at least one teacher certification, which may be different than the certification associated with their assignment, unless such teacher is assigned to teach in a shortage area, whereby the teacher shall be provided with school-based support and work toward a certification to be awarded within five years of the date of assignment at the empowerment school.