2021 -- H 5841

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LC001772

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO EDUCATION -- CHARTER SCHOOLS

     

     Introduced By: Representatives Place, Quattrocchi, Chippendale, and Nardone

     Date Introduced: February 24, 2021

     Referred To: House Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-3.1 of the General Laws entitled "Cooperative Service Among

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

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amended by adding thereto the following section:

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     16-3.1-22. Nontraditional approaches to learning.

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     (a) Any charter school may offer nontraditional approaches to learning or methods

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differing from traditional education approaches from mainstream education. Each charter school

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must offer progressive, student-centric and task-based approaches to learning, and shall not focus

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on learning by memorization or a reading approach to learning.

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     (b) The Rhode Island department of education shall review all applications for charter

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schools providing nontraditional approaches to learning to ensure the nontraditional criteria is a

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sufficient substitute for a traditional education.

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     SECTION 2. Section 16-77-3.1 of the General Laws in Chapter 16-77 entitled

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"Establishment of Charter Public Schools [See Title 16 Chapter 97 - The Rhode Island Board of

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Education Act]" is hereby amended to read as follows:

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     16-77-3.1. Legislative purpose.

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     (a) The purpose of this chapter is to provide an alternative within the public education

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system by offering opportunities for entities identified in § 16-77-2.1 to establish and maintain a

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high performing public school program according to the terms of a charter. The key appeal of the

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charter school concept is its promise of increased accountability for student achievement in

 

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exchange for increased school autonomy.

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     (b) Charter public schools are intended to be vanguards, laboratories, and an expression of

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the on-going and vital state interest in the improvement of education. Notwithstanding the

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provisions of this section or any law to the contrary, a charter school shall be deemed to be a public

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school acting under state law and subject to the Age Discrimination Act of 1975, 42 U.S.C. § 6101,

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et seq., title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., title IX of the educational

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amendments of 1972, 20 U.S.C. § 1681, et seq., § 794 of title 29, and part B of the Individuals With

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Disabilities Education Act, 20 U.S.C. § 1411, et seq. All students and prospective students of a

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charter school shall be deemed to be public school students, having all the same rights under federal

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and Rhode Island law as students and prospective students at a non-chartered public school. These

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charter public schools shall be vehicles for research and development in areas such as curriculum,

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pedagogy, administration, materials, facilities, governance, parent relations and involvement,

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social development, instructor's and administrator's responsibilities, working conditions, student

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performance and fiscal accountability. It is the intent of the general assembly to create within the

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public school system vehicles for innovative learning opportunities to be utilized and evaluated in

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pilot projects. The provisions of this chapter are to be interpreted liberally to support the purposes

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set forth in this chapter and to advance a renewed commitment by the state to the mission, goals,

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and diversity of public education.

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     (c) It is the intent of the general assembly to provide opportunities for teachers, parents,

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pupils, and community members to establish and maintain public schools that operate

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independently as a method to accomplish all of the following:

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     (1) Improve pupil learning by creating schools with rigorous academic standards in all

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basic areas of instruction for high pupil performance;

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     (2) Increase learning opportunities for all pupils, with special emphasis on expanded

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learning experiences for pupils who are identified as educationally disadvantaged and at-risk;

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     (3) Encourage the use of innovative teaching methods;

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     (4) Create opportunities for teachers, including the opportunity to be responsible for the

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learning program at the school site;

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     (5) Provide parents and pupils with expanded choices in the types of educational

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opportunities that are available within the public school system;

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     (6) Hold the schools established under this chapter accountable for meeting publicly

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promulgated, measurable, state and charter-based pupil academic results, and provide the schools

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with a method to implement performance-based and/or other student-based accountability systems,

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while providing a means to restrict the expansion of ineffective charter public schools; and

 

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     (7) Encourage parental and community involvement with public schools.

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     (d) No private or parochial schools shall be eligible for charter public school status, nor

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shall a charter public school be affiliated in any way with a sectarian school or religious institution.

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Any charter public school authorized by this chapter shall be nonsectarian and nonreligious in its

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programs, admissions policies, employment practices, and all other operations. The board of

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regents shall not approve a charter to a school whose overall operation or education program is

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managed by a for profit entity.

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     (e) The commissioner is empowered to promulgate rules and regulations consistent with

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this chapter, in conformance with chapter 35 of title 42, for the creation and operation of charter

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public schools. These rules and regulations shall set forth the process for rescission of state approval

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of a charter public school, including appropriate protections to ensure the continued provision of

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education services to the students of the charter public school whose charter is rescinded.

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     (f) All charter public schools shall adhere to financial record keeping, reporting, auditing

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requirements, and procedures as required by the Rhode Island department of education and in

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accordance with federal and state laws and regulations.

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     (g) No more than thirty-five (35) charters shall be granted. At least one-half (1/2) of the

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total number of charter public schools in the state shall be reserved for charter school applications

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which are designed to increase the educational opportunities for at-risk pupils.

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     (h) If more than one new charter school shall be approved in any transportation district,

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student enrollment shall be determined in the same manner as other charter schools.

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     (i) Any charter school, whose charter has not been renewed, shall have their formerly

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allotted seats, reallocated to a school that is authorized to offer nontraditional approaches to

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learning or methods, pursuant to §16-3.1-22.

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     SECTION 3. 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 allow charter schools to engage in nontraditional approaches to learning,

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which must be approved by the department of education, and would provide that if more than one

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new charter school shall be approved in any transportation district, student enrollment shall be

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determined in the same manner as other charter schools. It would also require that seats allocated

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to a charter school, whose charter has not been renewed, be reallocated to a school which offers

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nontraditional approaches and methods to learning.

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     This act would take effect upon passage.

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