2013 -- S 0371

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LC01281

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION - MAYORAL ACADEMIES

     Introduced By: Senators Jabour, Lombardi, Crowley, and Metts

     Date Introduced: February 13, 2013

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-77.4-2 and 16-77.4-7 of the General Laws in Chapter 16-77.4

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entitled "Mayoral Academies" are hereby amended to read as follows:

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     16-77.4-2. Procedure for creation of a mayoral academy. --

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      (a) Any persons or entities eligible to establish a mayoral academy may submit a

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proposed charter to the commissioner. The proposed charter shall:

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     (1) Be submitted to the commissioner no later than December 1st of the school year

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before the school year in which the mayoral academy is to be established;

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     (2) Describe a plan for education, including the mission, objective, method of providing a

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basic education, measurable student academic goals that the mayoral academy will meet, and

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process for improving student learning and fulfilling the charter and fulfilling state and national

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educational goals and standards;

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     (3) Provide a minimum of one hundred eighty (180) days of instruction to students per

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year;

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     (4) Indicate performance criteria that will be used to measure student learning and to

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comply with the charter, state, and national educational goals and standards;

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     (5) Include an agreement to provide a yearly report to parents, the community, the school

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committee of the sending districts, and the commissioner, which indicates the progress made by

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the mayoral academy during the previous year in meeting the charter objectives;

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     (6) Present a plan for the governance, administration, and operation of the mayoral

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academy, including the manner in which the governing board of the school will be chosen, the

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nature and extent of parental, professional educator, and community involvement in the

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governance and operation of the mayoral academy, and the means of ensuring accountability to

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the commissioner, the sending school district(s), and the board of regents;

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     (7) Identify the building that will house the mayoral academy and from whom and under

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what terms and conditions it is to be provided;

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     (8) Describe what support services will be provided by the sending school district(s) and

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under what terms and conditions those services are to be provided, and describe what support

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services the mayoral academy will obtain directly from third parties and, to the extent known,

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under what terms and conditions those services are to be provided;

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     (9) Explain the procedures that will be followed to ensure the health and safety of pupils

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and staff;

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     (10) Describe enrollment procedures including the permissible criteria for admission in

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accordance with applicable state and federal law, along with a policy or policies that outline

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outreach and recruitment programs to encourage the enrollment of a diverse student population;

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     (11) Explain the student discipline procedures;

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     (12) Explain the relationship that will exist between the proposed mayoral academy and

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its employees, including the terms and conditions of employment and the qualifications that the

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employees must meet. Teachers and administrators in mayoral academies must be certified

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pursuant to state law and regulation.

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     (13) Each mayoral academy established pursuant to this chapter may, by written notice to

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the commissioner of elementary and secondary education, elect to have this subsection apply (or

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not apply) to its teachers, administrators, and employees:

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     (i) Teachers and administrators in a mayoral academy shall be entitled to prevailing

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wages and benefits as enjoyed by other public school teachers and administrators;

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     (ii) Teachers and administrators in a mayoral academy shall be entitled to participate in

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the state teachers' retirement system under chapter 8 of title 36;

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     (iii) Employment in a mayoral academy shall be considered "service" as that term is

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defined in chapter 16 of this title.

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     (14) Identify with particularity the state laws, state regulations, and school district rules

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from which variances are sought in order to facilitate operation of the mayoral academy. Explain

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the reasons for each variance and the alternative method by which the concern that gave rise to

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the regulation or provision will be addressed;

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     (15) Provide a financial plan including a proposed budget for the term of the charter, and

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an annual audit of the financial and administrative operations of the mayoral academy, and the

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manner in which the funds allocated to the mayoral academy will be managed and disbursed;

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     (16) Provide procedures by which teaching personnel and parents can legally challenge

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decisions of the governing board of the mayoral academy which do not conform to the mayoral

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academy's charter; and

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

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     16-77.4-7. Portions of title 16 applicable to mayoral academies. -- The following

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provisions of this title shall be binding on mayoral academies and may not be waived by the

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commissioner under § 16-77.4-3:

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     (1) Section 16-2-2 (minimum length of school year);

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     (2) Section 16-2-17 (right to a safe school);

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     (3) Section 16-8-10 (federal funds for school lunch);

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     (4) Section 16-11-1 (certification of public school teachers);

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

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

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     (7) Chapter 16-16 (teachers' retirement);

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

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

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

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

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

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     (12)(13) Section 16-24-2 (regulations of state board);

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

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

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     (15)(16) Section 16-38-2 (immunizations);

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

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

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

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

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

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

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

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

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

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

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

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

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

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     (29)(30) Chapter 16-21.5 (Student interrogations).

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     SECTION 2. This act shall take effect upon passage.

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LC01281

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - MAYORAL ACADEMIES

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     This act would add teachers' retirement pursuant to chapter 16-16 to the list of provisions

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that would be binding on mayoral academies. The act would also delete the provisions that permit

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administrators in mayoral academies to participate in the state teachers' retirement system.

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     This act would take effect upon passage.

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LC01281

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