2015 -- H 5555 AS AMENDED

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LC001491

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION - CHARTER SCHOOLS

     

     Introduced By: Representatives O`Grady, Amore, Fogarty, Regunberg, and O'Brien

     Date Introduced: February 25, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-77.2-3 of the General Laws in Chapter 16-77.2 entitled "District

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Charter School [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

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amended to read as follows:

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

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

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

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

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provisions of this chapter.

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

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

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

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

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

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of a charter.

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

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

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

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committee of the district where the district charter school is to be located and the commissioner.

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

 

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

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the district where the district charter school is to be located and the board of regents council on

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elementary and secondary education (hereinafter the "council") prior to any determination by

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those entities. If the teachers' union objects to the proposed charter or to any provision of it, it

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shall set forth the reasons for those objections in detail. These objections and recommendations

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

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

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

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

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

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charter to the board of regents council on elementary and secondary education within ninety (90)

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days after the conclusion of the public comment period.

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

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school is to be located may recommend to the board of regents council on elementary and

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secondary education the granting of a revocable charter for a district charter school upon

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receiving a proposed charter.

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

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

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referred to the board of regents council on elementary and secondary education for a decision on

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whether to grant a charter. Provided, if the council is asked to approve an application for a new

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district charter school or the expansion of seats in an existing district charter school, the council

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shall, prior to granting any such approval, make an affirmative finding that the proposed school or

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the proposed expansion shall not have a detrimental effect on the finances and/or the academic

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performance of the sending districts affected by the new school or the expansion. Provided

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further, any charter school already approved by the council on elementary and secondary

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education, and any charter school seeking to expand up to, and including, its maximum capacity

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as set forth in the school's original charter which has been approved, prior to the effective date of

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this act, shall not be limited or prohibited by this section. The board of regents council on

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elementary and secondary education may grant a charter for a period of up to five (5) years. The

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decision of the board of regents council on elementary and secondary education, complete with

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

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school approval for establishment or continuation shall be for up to a five (5) year period. At the

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conclusion of each five (5) year period, the board of regents council on elementary and secondary

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education may conduct a subsequent review of the district charter school's charter. If the board of

 

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regents council on elementary and secondary education does not conduct such a review, the

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charter shall renew for another five (5) year period. The commissioner, with approval of the

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board of regents council on elementary and secondary education, shall promulgate rules and

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regulations for these five (5) year reviews.

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      (g) The commissioner, with the approval of the board of regents council on elementary

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

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enumerated in section 16-77.1, and to any department of education regulation and to any school

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

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charter schools.

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

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members of the public upon request.

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     SECTION 2. Section 16-77.3-3 of the General Laws in Chapter 16-77.3 entitled

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"Independent Charter Schools [See Title 16 Chapter 97 - The Rhode Island Board of Education

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Act]" is hereby amended to read as follows:

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

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

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

18

the provisions of this chapter.

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

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

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

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

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

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charter.

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

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charter to the board of regents council on elementary and secondary education (hereinafter the

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"council") within ninety (90) days after the conclusion of the public comment period.

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

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shall be referred to the board of regents council on elementary and secondary education for a

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decision on whether to grant a revocable charter. Provided, if the council is asked to approve an

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application for a new independent charter school or the expansion of seats in an existing

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independent charter school, the council shall, prior to granting any such approval, make an

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affirmative finding that the proposed school or the proposed expansion shall not have a

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detrimental effect on the finances and/or the academic performance of the sending districts

 

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affected by the new school or the expansion. Provided further, any independent charter school

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already approved by the council on elementary and secondary education, and any independent

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charter school seeking to expand up, to and including, its maximum capacity as set forth in the

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school's original charter which has been approved, prior to the effective date of this act, shall not

5

be limited or prohibited by this section. The board of regents council on elementary and

6

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

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board of regents council on elementary and secondary education, complete with reasons and

8

conditions, shall be made available to the public and to the applicant. Charter public school

9

approval for establishment or continuation shall be for up to a five (5) year period. At the

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conclusion of each five (5) year period, the board of regents council on elementary and secondary

11

education may conduct a subsequent review of the independent charter school's charter. If the

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board of regents council on elementary and secondary education does not conduct such a review,

13

the charter shall renew for another five (5) year period. The commissioner, with approval of the

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board of regents council on elementary and secondary education, shall promulgate rules and

15

regulations for these five (5) year reviews.

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      (e) The commissioner, with the approval of the board of regents council on elementary

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

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enumerated in § 16-77.3-7 and to any department of education regulation and to any school

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

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independent charter schools.

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

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members of the public upon request.

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     SECTION 3. Section 16-77.4-3 of the General Laws in Chapter 16-77.4 entitled

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"Mayoral Academies [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is

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hereby amended to read as follows:

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

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

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

29

the provisions of this chapter.

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

31

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

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

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

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

 

LC001491 - Page 4 of 7

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charter.

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

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the board of regents council on elementary and secondary education within ninety (90) days after

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the conclusion of the public comment period.

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

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shall be referred to the board of regents council on elementary and secondary education for a

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decision on whether to grant a charter. Provided, if the council is asked to approve an application

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for a new mayoral academy or the expansion of seats in an existing mayoral academy, the council

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shall, prior to granting any such approval, make an affirmative finding that the proposed school or

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the proposed expansion shall not have a detrimental effect on the finances and/or the academic

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performance of the sending districts affected by the new school or the expansion. Provided

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further, any mayoral academy already approved by the council on elementary and secondary

13

education, and any mayoral academy seeking to expand up to, and including, its maximum

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capacity as set forth in the school's original charter which has been approved, prior to the

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effective date of this act, shall not be limited or prohibited by this section.

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     The board of regents council on elementary and secondary education may grant a charter

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for a period of up to five (5) years. The decision of the board of regents council on elementary

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and secondary education, complete with reasons and conditions, shall be made available to the

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

20

be for up to a five (5) year period. At the conclusion of each five (5) year period, the board of

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regents council on elementary and secondary education may conduct a subsequent review of the

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mayoral academy's charter. If the board of regents council on elementary and secondary

23

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

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The commissioner, with approval of the board of regents council on elementary and secondary

25

education, shall promulgate rules and regulations for these five (5) year reviews.

26

      (e) The commissioner, with the approval of the board of regents council on elementary

27

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

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enumerated in § 16-77.4-7 and to any department of education regulation and to any school

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

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academy.

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

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members of the public upon request.

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     SECTION 4. This act shall take effect upon passage.

 

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - CHARTER SCHOOLS

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     This act would require the council on elementary and secondary education, prior to

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granting approval for either a new charter school or the expansion of an existing charter school, to

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first make an affirmative finding that the proposed school or the proposed expansion would not

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have a detrimental effect on the finances and/or the academic performance of the sending districts

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affected by the new school or the expansion.

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     This act would take effect upon passage.

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