Chapter 004
2010 -- S 2406
03/16/10
A N A C T
RELATING TO
EDUCATION -- ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS
Introduced By: Senators DiPalma, Jabour, Picard, Maher, and Connors
Date Introduced: February 11, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 16-77-2 and 16-77-8 of the General Laws in
Chapter 16-77
entitled "Establishment of Charter Public Schools"
are hereby amended to read as follows:
16-77-2.
Legislative purpose. -- (a) The
purpose of this chapter is to provide an
alternative within the public education system by offering
opportunities for existing public
schools, groups of public school personnel, school districts,
and established
nonprofit organizations to establish and maintain a high
performing public school program
according to the terms of its charter. The key appeal of the
charter school concept is its promise
of increased accountability for student achievement in
exchange for increased school autonomy.
(b) Charter public
schools are intended to be vanguards, laboratories, and an expression
of the on-going and vital state interest in the
improvement of education. Notwithstanding the
provisions of this section or any special law to the contrary, a
charter school shall be deemed to
be a public school acting under state law, and subject
to the Age Discrimination Act of 1975, 42
U.S.C. section 6101, et seq., title VI of the Civil
Rights Act of 1964, 42 U.S.C. section 2000d, et
seq., title IX of the educational amendments of 1972,
20 U.S.C. section 1681, et seq., section 794
of title 29, and part B of the Individuals With
Disabilities Education Act, 20 U.S.C. section 1411,
et seq. All students and prospective students of a
charter school shall be deemed to be public
school students, having all the same rights under federal
and
prospective students at a non-chartered public school. These
charter public schools shall be
vehicles for research and development in areas such as
curriculum, pedagogy, administration,
materials, facilities, governance, parent relations and
involvement, social development,
instructor's and administrator's responsibilities, working
conditions, and fiscal and student
performance accountability. It is the intent of the general
assembly to create within the public
school system vehicles for innovative learning opportunities
to be utilized and evaluated in pilot
projects. The provisions of this chapter are to be interpreted
liberally to support the purposes set
forth in this chapter and to advance a renewed commitment
by the state to the mission, goals, and
diversity of public education.
(c) It is the intent of
the general assembly to provide opportunities for teachers, parents,
pupils, and community members to establish and maintain
public schools that operate
independently as a method to accomplish all of the following:
(1) Improve pupil
learning by creating schools with rigorous academic standards in all
basic areas of instruction for high pupil
performance;
(2) Increase learning
opportunities for all pupils, with special emphasis on expanded
learning experiences for pupils who are identified as
educationally disadvantaged and at risk;
(3) Encourage
the use of innovative teaching methods;
(4) Create
opportunities for teachers, including the opportunity to be responsible for the
learning program at the school site;
(5) Provide parents and
pupils with expanded choices in the types of educational
opportunities that are available within the public school system;
(6) Hold the schools
established under this chapter accountable for meeting publicly
promulgated, measurable, state and charter-based pupil academic
results, and provide the schools
with a method to implement performance based and/or other
student based accountability
systems, while providing a means to restrict the expansion of
ineffective charter schools; and
(7) Encourage parental
and community involvement with public schools.
16-77-8.
Oversight by commissioner. -- (a) Individuals or
groups may complain to a
charter school's governing body concerning any claimed
violation of the provisions of this
chapter by the school. If, after presenting their complaint
to the governing body, the individuals
or groups believe their complaint has not been
adequately addressed, they may submit their
complaint to the commissioner of elementary and secondary
education who shall hear and decide
the issue pursuant to sections 16-39-1 and 16-39-2.
(b) Charter school
approval for establishment or continuation shall be for up to a five (5)
year period. In either case, board of regents
approval is required. However, the charter may be
revoked at any time if the school:
(1) Materially violates
provisions contained in the charter;
(2) Fails to meet or
pursue the educational objectives contained in the charter;
(3) Fails to comply with
fiscal accountability procedures as specified in the charter; or
(4) Violates provisions
of law that have not been granted variance by the board of
regents.
(5) After three (3)
consecutive years of operation, is not a "high performing charter
school," which is defined as a charter school that has
demonstrated overall success, including:
(i)
Substantial progress in improving student achievement; and
(ii) The management
and leadership necessary to establish a thriving, financially viable
charter school.
(c) After denying or
prior to nonrenewing or revoking a charter, the
department of
elementary and secondary education will hold a hearing on the
issues in controversy under
section 16-39-1.
(d) No more than twenty
(20) thirty-five (35) charters, serving no more than four percent
(4%) of the state's school age population, shall be granted. At least ten (10) of the twenty
(20)
total charters one-half
(1/2) of the total number of charter public schools in the state shall be
reserved for charter school applications which are designed to
increase the educational
opportunities for at-risk pupils.
(e) The establishment
of new charter public schools shall be contingent upon approval
and appropriation by the state.
SECTION 2. This act shall take effect upon passage.
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LC01873
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