S0312A

	2013 -- S 0312 SUBSTITUTE A
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	LC01226/SUB A/2
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	STATE OF RHODE ISLAND

	IN GENERAL ASSEMBLY

	JANUARY SESSION, A.D. 2013

	____________


	A N A C T
	RELATING TO EDUCATION - MAYORAL ACADEMIES


	Introduced By: Senators Lombardi, Miller, McCaffrey, Jabour, and Crowley

	Date Introduced: February 13, 2013

	Referred To: Senate Education




	It is enacted by the General Assembly as follows:

1-1	SECTION 1. Section 16-77.4-1 of the General Laws in Chapter 16-77.4 entitled
1-2	"Mayoral Academies" is hereby amended to read as follows:
1-3	16-77.4-1. Entities eligible to apply to become a mayoral academy. -- (a) A "mayoral
1-4	academy" means a charter school created by a mayor of any city or town within the State of
1-5	Rhode Island, acting by or through a nonprofit organization established for said purpose
1-6	(regardless of the time said nonprofit organization is in existence), which enrolls students from
1-7	more than one city or town including both urban and non-urban communities and which offers an
1-8	equal number of enrollments to students on a lottery basis; provided, further, that such mayoral
1-9	academies shall have a board of trustees or directors which is comprised of representatives from
1-10	each included city or town and is chaired by a mayor of an included city or town. For purposes of
1-11	this chapter the term "mayor" shall include any elected town administrator.
1-12	(b) No child shall be required to attend a mayoral academy nor shall any teacher be
1-13	required to teach in a mayoral academy. The school committee of the district in which a mayoral
1-14	academy is located shall make accommodations to facilitate the transfer of students who do not
1-15	wish to participate in a mayoral academy into other public schools. It shall also make
1-16	accommodations for those students who wish to transfer into the mayoral academy as space
1-17	permits. If the total number of students who are eligible to attend and apply to a mayoral academy
1-18	is greater than the number of spaces available, the mayoral academy shall conduct a lottery to
1-19	determine which students shall be admitted.
2-20	(c) A "mayoral academy" charter school's application shall not be approved by the board
2-21	of education unless the board considers the position, if any, of the host community’s town or city
2-22	council and the position of the residents of the communities to be served by the mayoral academy
2-23	charter school. The host community's town or city council shall indicate support or lack thereof
2-24	by resolution after at least one public hearing. Prior to the decision on the application, the
2-25	department of education shall provide the board of education with a summary of the written and
2-26	oral testimony indicating the position regarding said school's application. The board of education
2-27	shall accept all public testimony regarding the application at no fewer than one regularly
2-28	scheduled meeting prior to determining approval or denial of the mayoral academy charter
2-29	school’s application. This section shall not apply to a mayoral academy charter school's renewal
2-30	application.
2-31	SECTION 2. Section 16-77.3-1 of the General Laws in Chapter 16-77.3 entitled
2-32	"Independent Charter Schools" is hereby amended to read as follows:
2-33	16-77.3-1. Entities eligible to apply to become independent charter schools. -- (a)
2-34	Persons or entities eligible to submit an application to establish an independent charter school
2-35	shall be limited to:
2-36	(1) Rhode Island nonprofit organizations provided that these nonprofit organizations
2-37	shall have existed for at least two (2) years and must exist for a substantial reason other than to
2-38	operate a school; or
2-39	(2) Colleges or universities within the State of Rhode Island.
2-40	(b) No child shall be required to attend an independent charter school nor shall any
2-41	teacher be required to teach in an independent charter school. The sending school district shall
2-42	make accommodations for those students who wish to participate to transfer into an independent
2-43	charter school as space permits. If the total number of students who are eligible to attend and
2-44	apply to an independent charter school is greater than the number of spaces available, the
2-45	independent charter school shall conduct a lottery to determine which students shall be admitted.
2-46	(c) An independent charter school's application shall not be approved by the board of
2-47	education unless the board considers the position, if any, of the host community's town or city
2-48	council and the position of residents of the communities to be served by the independent charter
2-49	school. The host community's town or city council shall indicate support or lack thereof by
2-50	resolution after at least one public hearing. Prior to the decision on the application, the
2-51	department of education shall provide the board of education with a summary of the written and
2-52	oral testimony indicating the position regarding said school’s application. The board of education
2-53	shall accept all public testimony regarding the application at no fewer than one regularly
2-54	scheduled meeting prior to determining approval or denial of the independent charter school’s
3-1	application. This section shall not apply to an independent charter school’s renewal application.
3-2	SECTION 3. This act shall take effect upon passage.

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	LC01226/SUB A/2
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	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO EDUCATION - MAYORAL ACADEMIES
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4-1	This act would provide that in considering the application of a mayoral charter school or
4-2	of an independent charter school, the board of education would consider the positions, if any, of
4-3	the host community's city or town council, and also of the residents of the communities to be
4-4	served by the new school.
4-5	This act would take effect upon passage.

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	LC01226/SUB A/2
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S0312A