2018 -- H 7885

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LC004402

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO EDUCATION -- INDEPENDENT CHARTER SCHOOLS

     

     Introduced By: Representatives Barros, Amore, Ranglin-Vassell, Johnston, and
Donovan

     Date Introduced: February 28, 2018

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. 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 or expansion.

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     (a) If the commissioner finds the proposed charter to be incomplete, further information

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may be requested and required. The commissioner shall develop regulations for amending an

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approved charter, consistent with the provisions of this chapter and § 16-77-5.1.

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     (b) After having received a satisfactory, proposed charter or expansion, the commissioner

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will provide for a public-comment period of not less than sixty (60) days, during which he or she

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will hold at least two (2) public hearings on the proposed charter. These hearings will be held in

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

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

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a 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 or expansion to the 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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     (d) If the commissioner recommends the granting of the proposed charter or amendment

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for expansion, the matter shall be referred to the council on elementary and secondary education

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for a decision on whether to grant a revocable charter or expansion. The council on elementary

 

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

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the council on elementary and secondary education, complete with reasons and conditions, shall

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be made available to the public and to the applicant. Charter public school approval for

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establishment or continuation shall be for up to a five-year (5) period. At the conclusion of each

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five-year (5) period, the council on elementary and secondary education may conduct a

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subsequent review of the independent charter school's charter. If the council on elementary and

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secondary education does not conduct such a review, the charter shall renew for another five-year

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(5) period. The commissioner, with approval of the council on elementary and secondary

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

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     (e) In considering a proposed charter, or an amendment to a charter for expansion, the

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council on elementary and secondary education shall consider all relevant information, including,

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but not limited to, the requirements of regulations and law.

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     (f) The office of auditor general shall have the responsibility to analyze the fiscal and

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programmatic impact of any proposed charter or amendment to a charter for expansion on the

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underlying sending school districts and shall report their findings to the general assembly and the

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council on elementary and secondary education. In considering a proposed charter, or an

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amendment to a charter for expansion, the council on elementary and secondary education shall

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place substantial predominate weight on the fiscal impact on the city or town; programmatic

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impact on the sending school district; and the educational impact on the students in the district as

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reported by the office of auditor general to ensure that the proposal is economically prudent for

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the city or town and academically prudent for the proposed sending school district and for all

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students in the sending district.

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     (g) The commissioner, with the approval of the council on elementary and secondary

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education, may grant a variance to any provision of title 16, other than those enumerated in § 16-

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77.3-7, and to any department of education regulation and to any school district regulation that

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does not affect the health and safety or civil rights of pupils in independent 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. 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 -- INDEPENDENT CHARTER SCHOOLS

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     This act would provide that the office of auditor general be responsible for analyzing and

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reporting the impact of new or expanded charter schools.

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     This act would take effect upon passage.

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