Chapter 084
2010 -- H 7867 SUBSTITUTE A AS
AMENDED
Enacted 06/16/10
A N A C T
RELATING TO
EDUCATION
Introduced By: Representatives Silva, Gablinske, and Vaudreuil
Date Introduced: March 04, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Section 16-77-1 of the General Laws in Chapter
16-77 entitled
"Establishment of
Charter Public Schools" is hereby amended to read as follows:
16-77-1.
Short title. -- This chapter Chapters
16-77, 16-77.1, 16-77.2, 16-77.3, and 16-
77.4 of the general laws shall be known and may be cited collectively
as the "Charter Public
School Act of
SECTION 2. Sections 16-77-2, 16-77-3, 16-77-4, 16-77-4.1,
16-77-4.2, 16-77-5, 16-77-
6, 16-77-7, 16-77-8,
16-77-9, 16-77-10, 16-77-11 and 16-77-12 of the General Laws in Chapter
16-77 entitled
"Establishment of Charter Public Schools" are hereby repealed.
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 public
school program according to the terms
of its charter.
(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
O.K. section 6101, et seq., title VI of the Civil
Rights Act of 1964, 42 O.K. section 2000d, et seq.,
title IX of the educational amendments of 1972, 20 O.K.
section 1681, et seq., section 794 of title
29, and part B of the Individuals With
Disabilities Education Act, 20 O.K. 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 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 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; and
(7) Encourage
parental and community involvement with public schools.
16-77-3. Commissioner
of elementary and secondary education and local school
committee authorized to recommend the granting of a charter. -- (a) The commissioner of
elementary and secondary education and/or the school committee
where the charter public school
is to be located are authorized in response to an
application to recommend to the board of regents
for elementary and secondary education the granting of a
revocable charter authorizing operation
of a charter public school for up to five (5) years,
subject to renewal for additional five-year
periods.
(b) Persons or
entities eligible to submit an application to establish a charter school shall
be limited to:
(1) Existing public
schools;
(2) Groups of public
school personnel;
(3) Public school
districts;
(4) Established
of this section provided that these nonprofit
organizations shall have existed for at least two (2)
years and must exist for a substantial reason other than to
operate a school;
(5) A group of
school districts;
(6) Colleges and
universities within the state of
(7) A mayor of any
city or town within the state of
nonprofit organization (regardless of the time said nonprofit
organization is in existence) to
establish a mayoral academy as hereinafter defined. For
purposes of this chapter the term
"mayor" shall
include any elected town administrator.
(c) No existing
public school shall be converted into a charter public school unless a
majority of the parents and/or guardians of the students
currently assigned to the school and two-
thirds (2/3) of the certified teaching personnel currently
assigned to the school approve the
proposed charter, as provided in section 16-77-4.1.
(d) No private or
parochial schools shall be eligible for charter school status, nor shall a
charter school be affiliated in any way with a sectarian
school or religious institution. Any charter
school authorized by this chapter shall be nonsectarian and
nonreligious in its programs,
admissions policies, employment practices, and all other
operations. The board of regents shall
not approve a charter to a school whose overall operation
or education program is managed by a
for profit entity.
(e) School
professionals employed by a local or regional school committee or the state of
Rhode Island shall be entitled to a two (2) year leave of absence,
without compensation, in order
to be employed in a charter school, provided this leave
shall be extended upon request for an
additional two (2) years. At any time during or upon completion
of this leave of absence, a school
professional may return to work in the school district in the
position in which he or she was
previously employed or a comparable position. This leave of
absence shall not be deemed to be
an interruption of service for purposes of seniority and
teachers' retirement.
(f) No child shall
be required to attend a charter public school nor shall any teacher be
required to teach in a charter public school. The school
committee shall make accommodations to
facilitate the transfer of students who do not wish to
participate in the charter public school into
other public schools. It shall also make accommodations for
those students who wish to
participate to transfer into the charter public school as space
permits. If the total number of
students who are eligible to attend and apply to a charter
school is greater than the number of
spaces available, the charter school shall conduct a lottery
to determine which students shall be
admitted.
(g) The commissioner
is empowered to promulgate rules and regulations consistent with
this chapter, in conformance with chapter 35 of title 42,
for the creation and operation of charter
public schools. These rules and regulations shall set forth
the process for rescission of state
approval of a charter school, including appropriate
protections to ensure the continued provision
of education services to the students of the charter
school whose charter is rescinded.
(h) All charter
schools shall adhere to financial record keeping, reporting, auditing
requirements, and procedures in the same manner as required of
local public school districts and
in accordance with federal and state laws and
regulations.
(I) Any nonprofit organization which seeks to establish a
charter school must submit its
financial records and financial plan for operating the school
to the auditor general, who shall
review the records, the financial plan, and the financial
integrity of the organization. At the time
of initial charter application the financial records and
financial recordkeeping system of the
nonprofit organization and the proposed financial plan for the
charter school shall be reviewed by
the auditor general and the auditor general shall, while
the application is being considered for
preliminary approval by the board of regents, provide an initial
determination to the board of
regents, the commissioner of elementary and secondary
education, and the speaker of the house
of representatives indicating that the auditor general
is satisfied that the nonprofit organization is
financially responsible. Final approval for operation of the public
charter school shall not be
granted by the board of regents until the auditor general has
approved the financial plan and
financial record keeping system and is satisfied that the
nonprofit organization is financially
responsible. The auditor general shall notify the board of
regents, the commissioner of elementary
and secondary education, and the speaker of the house of
representatives of the findings. During
the year immediately preceding the September in which the
public charter school is to begin
operation, the charter applicant shall make any additional
submissions to the auditor general
prescribed by the auditor general in the initial determination.
Additional submissions during the
year prior to the September in which the public charter
school is to begin operation shall include,
but not be limited to, evidence submitted to the auditor
general not later than June 1 prior to the
opening of the public charter school of the existence of an
agreement, option for lease or
purchase, lease agreement or purchase agreement, contingent
upon general assembly funding, for
a facility in which the public charter school will
operate in its first year of operation. The auditor
general shall have the authority to review charter schools on
an annual basis or require the charter
school to have an annual certified audit in accordance with
the same federal and state standards
that are applicable to local public school districts. If
as a result of any annual audit the auditor
general believes there are financial irregularities, the
auditor general shall withdraw the original
approval and the board of regents shall withdraw its approval
for the charter school to continue
operation.
(j) Notwithstanding
the provisions of this section, the Board of Regents shall not grant
final approval for any new charter school to begin
operations in the 2006-2007 or 2007-2008
school year except for mayoral academies as hereinafter
defined.
(k) A "mayoral
academy" means a charter school created by a mayor of any city or town
acting through a nonprofit organization established for said
purpose, which enrolls students from
more than one city or town including both urban and
non-urban communities and which offers an
equal number of enrollments to students on a lottery basis;
provided, further, that such mayoral
academies shall have a board of trustees or directors which is
comprised of representatives from
each included city or town and is chaired by a mayor of an
included city or town.
16-77-4.
Procedure for creation of charter schools. --
(a) Any group eligible to
establish a charter public school may apply to the commissioner
of elementary and secondary
education and the school committee of the district.
(b) The commissioner
of education may recommend to the board of regents for
elementary and secondary education granting of a charter for a
public school upon receiving a
completed application which contains all of the information
which he or she deems necessary to
fully address the following issues. The application shall:
(1) Be submitted to
the commissioner and to the local school committee by not later than
December 1 of the school year before the school year
in which the charter public school is to be
established;
(2) Describe a plan
for education, including the mission, objective, method of providing
a basic education, measurable student academic goals
that the charter public school will meet, and
process for improving student learning and fulfilling the
charter and fulfilling state and national
educational goals and standards;
(3) Provide a
minimum of one hundred eighty (180) days of instruction to students per
year;
(4) Indicate
performance criteria that will be used to measure student learning and to
comply with the charter, state, and national educational
goals and standards;
(5) Include an
agreement to provide a yearly report to parents, the community, the local
school committee, and the commissioner of elementary and
secondary education, which indicates
the progress made by the charter public school during the
previous year in meeting the charter
objectives;
(6) Present a plan
for the governance, administration, and operation of the charter public
school, including the manner in which the governing board of
the school will be chosen, the
nature and extent of parental, professional educator, and
community involvement in the
governance and operation of the charter public school, and the
means of ensuring accountability
to the commissioner of education, the local school
district, and the board of regents;
(7) Identify the
building that will house the charter public school and from whom and
under what terms and conditions it is to be provided;
(8) Describe what
support services will be provided by the school district and under what
terms and conditions those services are to be provided, and
describe what support services the
charter public school will obtain directly from third parties
and, to the extent known, under what
terms and conditions those services are to be provided;
(9) Explain the
procedures that will be followed to ensure the health and safety of pupils
and staff;
(10) Describe
enrollment procedures including the nondiscriminatory criteria for
admission in accordance with applicable state and federal law,
along with a program to encourage
the enrollment of a diverse student population. The
makeup of the charter public school must be
reflective of the student population of the district, including
but not limited to special education
children, children at risk, children eligible for free or
reduced cost lunch, and limited English
proficient students. No charter shall be authorized for a school
with a student population that does
not include students eligible for free or reduced cost
lunch, students with limited English
proficiency, and special education students in a combined
percentage which is at least equal to the
combined percentage of those student populations enrolled in
the school district as a whole;
(11) Explain the student discipline procedures;
(12) Explain the
relationship that will exist between the proposed charter public
school
and its employees, including the terms and conditions of
employment and the qualifications that
the employees must meet. Teachers and administrators in
charter public schools must be certified
pursuant to state law and regulation. With the exception of
mayoral academies, teachers and
administrators in charter schools shall be entitled to prevailing
wages and benefits as enjoyed by
other public school teachers and administrators within the
school district, and shall be subject to
the state teacher retirement system under chapter 8 of
title 36. With the exception of mayoral
academies, employment in a charter school shall be considered
"service" as that term is defined in
chapter 16 of this title. With the exception of mayoral
academies, all employees and prospective
employees of a charter school shall be deemed to be public
school employees, having the same
rights, including retirement, under
employees at a non-chartered public school. Each mayoral
academy established pursuant to this
chapter may nevertheless, by written notice to the
commissioner of elementary and secondary
education, elect to have this subsection apply to its teachers,
administrators and employees.
(13) Identify with
particularity the state statutes, state regulations, and school district
rules from which variances are sought in order to
facilitate operation of the charter public school.
Explain the reasons for each variance and the
alternative method by which the concern that gave
rise to the regulation or provision will be addressed;
(14) Provide a
financial plan including a proposed budget for the term of the charter, and
an annual audit of the financial and administrative
operations of the charter public school, and the
manner in which the funds allocated to the charter public
school will be managed and disbursed;
(15) Provide
procedures by which teaching personnel and parents can legally challenge
decisions of the governing board of the school which do not
conform to the school's charter; and
(16) Provide a copy
of the proposed bylaws of the charter public school.
16-77-4.1. Establishing a charter public school within a school
district. -- (a) In those
instances where a charter is being sought for an existing
public school, the charter must receive
the affirmative votes of two-thirds (2/3) of the teachers
assigned to the school prior to
implementation. If approved by the faculty, the charter shall be
voted on by the parents or legal
guardians of each student assigned to the school, with one vote
being cast for each student. To be
adopted by the parents, the charter must receive the
affirmative votes of parents or legal guardians
representing a majority of all the students assigned to the
school. The charter may then be
presented by the commissioner of elementary and secondary
education to the board of regents for
elementary and secondary education for its approval.
(b) In those instances
where a charter is being sought by a school district for a newly
created public charter school, the charter must receive the
affirmative support of a number of
certified teachers employed within the school district at least
equal to two-thirds (2/3) of the
number of teachers that will be required to staff the
proposed charter public school. The teachers
must state their desire to transfer to the charter public
school, once established, and to teach under
the terms of the charter. To demonstrate parental support
within the school district, the charter
must receive the affirmative support of parents or legal
guardians representing a number of
students currently enrolled in the school district equal to at
least one-half (1/2) of the number of
students who would be needed to attend the proposed charter
public school. The parents or
guardians must state their desire to have their children
transfer to the charter public school, once
established, and to be educated under the terms of the charter.
The charter may then be presented
by the commissioner of elementary and secondary
education to the board of regents for
elementary and secondary education for its approval. The charter
shall set forth those provisions
of state statute, regulation, and school district rules
which will not be applicable to that charter
public school.
(c) The charter
shall set forth those provisions of state statute, regulation, and of school
district rules which will not be applicable to that charter
public school. By two-thirds (2/3) vote of
the teachers as provided for in this section, the
teachers will be deemed to have given their
consent to the variances from those provisions of law,
regulation, and school district rules. The
charter shall set forth those provisions of the collective
bargaining agreement which will not be
applicable to that charter public school subject to agreement by
the parties to the collectively
bargaining agreement. By approval of the charter upon the
recommendation of the commissioner
of elementary and secondary education, the board of
regents will be deemed to have authorized
all necessary variances from law and regulation
enumerated in the charter. Should the need for
relief from the operation of additional provisions of law and/or
contract become apparent
subsequent to implementation of the charter, a variance may be
obtained by an affirmative vote of
two-thirds (2/3) of the teachers then assigned to the
school, agreement by all parties to the
collective bargaining agreement, and by an affirmative vote of
the board of regents upon a
recommendation of the commissioner of elementary and secondary
education.
16-77-4.2. Establishing a charter public school at a newly created
school. -- To
demonstrate parental support for the proposed charter public
school, the charter must receive the
affirmative support of parents or legal guardians representing a
number of students equal to at
least one-half (1/2) of the number of students who would be
needed to attend the proposed charter
public school. The parents or guardians must state their
desire to have their children transfer to
the charter public school, once established, and to be
educated under the terms of the charter. The
charter may then be presented by the commissioner of
elementary and secondary education to the
board of regents for elementary and secondary education for
its approval. The charter shall set
forth those provisions of state statute, regulation, school
district rule which will not be applicable
to that charter public school. By approval of the
charter upon the recommendation of the
commissioner of elementary and secondary education, the board of
regents will be deemed to
have authorized all necessary variances from law and
regulation enumerated in the charter.
Should the need for relief from the operation of
additional provisions of law, regulations, or
school district rule become apparent subsequent to
implementation of the charter, a variance may
be obtained by an affirmative vote of two-thirds (2/3)
of the teachers then employed by the school
and by an affirmative vote of the board of regents upon a
recommendation of the commissioner of
elementary and secondary education.
16-77-5.
Process for consideration of proposed charter. --
(a) If the commissioner of
elementary and secondary education or the local school committee
finds the application to be
incomplete, further information may be requested and required.
The commissioner shall develop
regulations for amending an approved charter, consistent with the
provisions of this chapter.
(b) After having
received a satisfactory application, the commissioner of elementary and
secondary education will provide for a public comment period of
not less than sixty (60) days,
during which they will hold at least two (2) public hearings
on the application. These hearings
will be held in the district where the proposed charter
school is to be located. Any person may file
with the committee and/or the commissioner comments,
recommendations, and/or objections
relevant to the granting of a charter.
(c) A copy of the
completed application for a charter public school at an existing public
school shall be provided to the collective bargaining agent
for the teachers in that school district
at the time that it is filed with the school committee
and the commissioner. The teachers through
their collective bargaining agent shall be afforded the
opportunity to present their analysis of and
recommendations regarding the proposed charter to the school
committee and the board of
regents for elementary and secondary education prior to any
determination by those entities. If the
teachers' union objects to the proposed charter or to any
provision of it, it shall set forth the
reasons for those objections in detail. These objections and
recommendations shall be considered
and responded to by the school committee and the
commissioner before making any
recommendation to the board of regents, and by the board of regents
prior to its determination.
(d) The commissioner
and the local school committee will each decide on whether or not
to recommend the granting of the charter within ninety
(90) days after the conclusion of the
public comment period.
(e) If the
commissioner of elementary and secondary education or the local school
committee recommend the granting of the charter public school
petition, the matter shall be
referred to the board of regents for a decision on whether or
not to grant a charter. Notice of the
granting or denial of the application will be supplied. The
decision of the board of regents,
complete with reasons and conditions, shall be made available
to the public and to the applicant.
(f) The
commissioner, with the approval of the board of regents for elementary and
secondary education, may grant a variance to any provision of
title 16 other than those
enumerated in section 16-77-11 and to any department of
education regulation and to any school
district regulation which does not affect the health and safety
or civil rights of pupils in charter
public schools.
(g) All charter
applications shall be matters of public record and will be provided to
members of the public upon request.
(h) Notwithstanding the
provisions of this section, the Board of Regents shall not grant
final approval for any new charter school to begin
operations in the 2006-2007 or 2007-2008
school year.
16-77-6.
Budgets and funding. -- (a) It is the
intent of the general assembly that funding
pursuant to this chapter shall be neither a financial
incentive nor a financial disincentive to the
establishment of a charter school. Funding for each charter public
school shall consist of state
revenue and municipal or district revenue in the same
proportions that funding is provided for
other schools within the school district in which the
charter public school is located.
(b) The amount of
funding which shall be allocated to the charter public school by the
school district shall be equal to a percentage of the total
budgeted expenses of the district which is
determined by dividing the number of students enrolled in the
charter public school by the total
resident average daily number of students in the school
district.
(c) Funding
additional to that authorized from the school district by subsection (b) may
be allocated to the charter public school from the
school district to the extent that the combined
percentage of students eligible for free or reduced cost lunch,
students with limited English
proficiency, and students requiring special education exceed the
combined percentage of those
students in the school district as a whole. The commissioner
of elementary and secondary
education shall promulgate rules and regulations consistent
with this section regarding the
allocation of funds from school districts to charter public
schools within those districts.
(d) All services
centrally or otherwise provided by the school district in which the
charter public school is located which the charter public
school decides to utilize including, but
not limited to, transportation, food services, custodial
services, maintenance, curriculum, media
services, libraries, nursing, and warehousing, shall be
subject to negotiation between a charter
public school and the local school district and paid for out
of the revenues of the charter school.
Disputes with regard to cost of services requested
from local districts will be adjudicated by the
commissioner of elementary and secondary education.
(e) A charter public
school shall be eligible to receive other aids, grants, Medicaid
revenue, and other revenue according to
Federal aid received by the state shall be used to
benefit students in the charter public school, if
the school qualifies for the aid, as though it were a
school district.
(f) A charter public
school may negotiate and contract directly with third parties for the
purchase of books, instructional materials, and any other
goods and services which are not being
provided by the school district pursuant to the charter.
(g) Any
career/technical charter public school enrolling special education students
from
outside school districts with verifiable individual education
program (IEP) designations shall
receive from the sending district the average per pupil
special education cost of the sending
district.
16-77-7.
Immunity and liability. -- Charter
public schools have the same immunity
possessed by school districts to suit as limited by chapter 31
of title 9. A charter public school
shall have the authority to indemnify its employees to the
extent that they are not already
indemnified by the school district and/or the board of regents
pursuant to section 9-1-31.
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.
(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) 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
shall be reserved for charter school applications which are
designed to increase the educational
opportunities for at-risk pupils.
16-77-9.
Additional standards. -- (a) No student tuition or mandatory fees may be
charged by any charter public school.
(b) A charter public
school may include any grade up to grade twelve (12) or any
configuration of those grades, including kindergarten and
prekindergarten. If specified in its
charter, a charter public school may also operate an adult
education program, adult high school
completion program, or general education development testing
preparation program.
(c) It is the intent
of the general assembly that priority of consideration be
given to
charter public school applications designed to increase the
educational opportunities of
educationally disadvantaged and at-risk pupils.
(d) A charter public
school may establish reasonable academic standards as a condition
for eligibility for applicants which are in accordance
with current state law and practice in
existing public schools, and which do not discriminate against
otherwise qualified individuals
with a disability and which comply fully with section
16-77-4(b)(10).
(e) A student who is
not under suspension or expulsion for discipline reasons may
withdraw from a charter public school at any time and enroll
in another public school in the
district where the student resides as determined by the school
committee of the district. A student
may be suspended or expelled from a charter public school
in accordance with the board of
regents and local district regulations for suspensions and/or
expulsions, and other public schools
may give full faith and credit to that suspension or
expulsion.
(f) The governing
board of a charter public school shall be subject to the Open Meetings
Law, chapter 46 of title 42.
16-77-10.
Applicability of other provisions of title 16. --
The board of regents for
elementary and secondary education may grant to charter public
schools variances of specific
chapters and sections of this title except to the extent that
these chapters and sections are
enumerated in section 16-77-11.
16-77-11.
Portions of title 16 applicable to charter schools. -- The
following provisions
of this title shall be binding on charter public schools
and may not be waived by the
commissioner of elementary and secondary education:
(1) Section 16-2-2
(minimum length of school year);
(2) Section 16-2-17
(right to a safe school);
(3) Section 16-8-10
(federal funds for school lunch);
(4) Section 16-11-1
(certification of public school teachers);
(5) Section 16-12-3
(duty to cultivate principles of morality);
(6) Section 16-12-10
(immunity for report of suspected substance abuse);
(7) Chapter 13
(teachers' tenure) (with the exception of mayoral academies);
(8) Chapter 16
(teachers' retirement) (with the exception of mayoral academies);
(9) Section 16-19-1
(compulsory attendance);
(10) Sections
16-20-1 (school holidays enumerated);
(11) Sections
16-21-3 and 16-21-4 (fire safety);
(12) Sections
16-21-10, 16-21-14, and 16-21-16 (health screenings);
(13) Section 16-22-9
(uniform testing);
(14) Section 16-24-2
(regulations of state board);
(15) Section 16-38-1
(discrimination because of race or age);
(16) Section
16-38-1.1 (discrimination because of sex);
(17) Section 16-38-2
(immunizations);
(18) Section 16-38-4
(exclusive club);
(19) Section 16-38-6
(commercial activities prohibited);
(20) Section 16-38-9
(misconduct of school officers);
(21) Section
16-38-10 (power of officials to visit schools);
(22) Section 16-39-1
(appeal of matters of dispute to commissioner);
(23) Section 16-39-2
(appeal of school committee actions to commissioner);
(24) Section 16-39-3
(appeal to state board);
(25) Section
16-39-3.1 (enforcement of final decision);
(26) Section
16-39-3.2 (interim protective orders);
(27) Section 16-39-8
(subpoena power of commissioner);
(28) Section
16-40-16 (student records);
(29) Section 16-71-1
(Educational Record Bill of Rights Act).
16-77-12.
Charter school reporting. -- All charter schools shall
continuously monitor
their financial operations by tracking actual versus
budgeted revenue and expense. The chief
financial officer of the charter school shall submit a report
on a quarterly basis to the state office
of municipal affairs certifying the status of the
charter school budget.
The quarterly
reports shall be in a format prescribed by the state office of municipal
affairs and the state auditor general. The reports shall
contain a statement as to whether any actual
or projected shortfalls in budget line items are
expected to result in a year-end deficit, the
projected impact on year-end financial results including all
accruals and encumbrances, and how
the charter school plans to address any such shortfalls.
The auditor general
or the state director of administration may petition the superior court
to order the charter school to file said reports. The
director of administration may also direct the
state controller and general treasurer to withhold any
funding to the charter school until the
school complies with the reporting requirements hereunder.
Failure to comply with this section
shall be cause for the revocation of the school charter.
SECTION 3. Chapter 16-77 of the General Laws entitled
"Establishment of Charter
Public Schools" is
hereby amended by adding thereto the following sections:
16-77-2.1.
Definitions. – As used in this chapter, the
following words shall have the
following meanings:
(1) “District charter
schools” means schools created by existing public schools, groups of
public school personnel, public school districts, or a group
of school districts.
(2) “Independent
charter schools” means schools created by: (I)
organizations provided that these nonprofit organizations shall
have existed for at least two (2)
years and must exist for a substantial reason other than to
operate a school; or (ii) Colleges or
universities within the State of
(3) “Mayoral academies”
means schools created by a mayor of any city or town within
the State of
said nonprofit organization is in existence) to establish
a mayoral academy as hereinafter
described in chapter 16-77.4 ("Mayoral Academies").
For purposes of this chapter the term
"mayor" shall
include any elected town administrator.
(4) “Charter public
schools” means district charter schools, independent charter schools,
or mayoral academies.
(5) “Board of
regents” means the
secondary education.
(6) “Commissioner”
means the
education.
(7) “Sending school
district” means the district where the student attending or planning to
attend a charter public school resides.
16-77-3.1.
Legislative purpose. -- (a) The
purpose of this chapter is to provide an
alternative within the public education system by offering opportunities
for entities identified in
section 16-77-2.1 to establish and maintain a high performing
public school program according to
the terms of a 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 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,
student performance and
fiscal 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 public schools;
and
(7) Encourage
parental and community involvement with public schools.
(d) No private or
parochial schools shall be eligible for charter public school status, nor
shall a charter public school be affiliated in any way with
a sectarian school or religious
institution. Any charter public school authorized by this chapter
shall be nonsectarian and
nonreligious in its programs, admissions policies, employment
practices, and all other operations.
The board of regents shall not approve a charter to a
school whose overall operation or education
program is managed by a for profit entity.
(e) The commissioner
is empowered to promulgate rules and regulations consistent with
this chapter, in conformance with chapter 35 of title 42,
for the creation and operation of charter
public schools. These rules and regulations shall set forth
the process for rescission of state
approval of a charter public school, including appropriate
protections to ensure the continued
provision of education services to the students of the charter
public school whose charter is
rescinded.
(f) All charter
public schools shall adhere to financial record keeping, reporting, auditing
requirements, and procedures as required by the
accordance with federal and state laws and regulations.
(g) No more than
thirty-five (35) charters shall be granted. At least 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.
16-77-4.1.
Immunity and liability. -- Charter public
schools have the same immunity
possessed by school districts to suit as limited by chapter 31
of title 9. A charter public school
shall have the authority to indemnify its employees to the
extent that they are not already
indemnified by the school district and/or the board of regents
pursuant to section 9-1-31.
16-77-5.1.
Oversight by commissioner. -- (a) Individuals
or groups may complain to a
charter public 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 who shall hear and decide the
issue pursuant to sections 16-39-1
and 16-39-2.
(b) Charter public 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;
(4) Violates
provisions of law that have not been granted variance by the board of
regents; or
(5) After three (3)
consecutive years of operation, is not a “high-performing charter
school,” defined as a charter public 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
public school.
(c) After denying or
prior to non-renewing 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) The establishment
of new charter public schools shall be contingent upon state
approval and appropriation.
16-77-6.1.
Additional standards. -- (a)
No student tuition or mandatory fees may be
charged by any charter public school.
(b) A charter public
school may include any grade up to grade twelve (12) or any
configuration of those grades, including kindergarten and prekindergarten.
If specified in its
charter, a charter public school may also operate an adult
education program, adult high school
completion program, or general education development testing
preparation program.
(c) It is the intent
of the general assembly that priority of consideration be
given to
charter public school applications designed to increase the
educational opportunities of
educationally disadvantaged and at-risk pupils.
(d) A student who is
not under suspension or expulsion for discipline reasons may
withdraw from a charter public school at any time and enroll
in another public school in the
district where the student resides as determined by the school
committee of the district. A student
may be suspended or expelled from a charter public school
in accordance with the board of
regents regulations for suspensions and/or expulsions, and
other public schools may give full faith
and credit to that suspension or expulsion.
(e) The governing
body of a charter public school shall be subject to the Open Meetings
Law, chapter 46 of title 42.
SECTION 4. Title 16 of the General Laws entitled
"EDUCATION" is hereby amended
by adding thereto the following chapter:
CHAPTER
77.2
16-77.2-1. Entities
eligible to apply to become district charter schools. -- (a) Persons
or entities eligible to submit an application to
establish a district charter school shall be limited to:
(1) Existing public
schools;
(2) Groups of public
school personnel;
(3) Public school
districts; or
(4) A group of school
districts.
(b) No existing
public school shall be converted into a district charter school unless a
majority of the parents and/or guardians of the students currently
assigned to the school and two-
thirds (2/3) of the certified teaching personnel currently
assigned to the school approve the
proposed charter, as provided in section 16-77.2-2.
(c) School
professionals employed by a local or regional school committee or the State of
to be employed in a district charter school, provided
this leave shall be extended upon request for
an additional two (2) years. At any time during or upon
completion of this leave of absence, a
school professional may return to work in the school
district in the position in which he or she
was previously employed or a comparable position. This
leave of absence shall not be deemed to
be an interruption of service for purposes of seniority
and teachers' retirement.
(d) No child shall be
required to attend a district charter school nor shall any teacher be
required to teach in a district charter school. The school
committee shall make accommodations
to facilitate the transfer of students who do not wish
to participate in the district charter school
into other public schools. It shall also make
accommodations for those students who wish to
participate to transfer into the district charter school as space
permits. If the total number of
students who are eligible to attend and apply to a district
charter school is greater than the number
of spaces available, the charter school shall conduct a
lottery to determine which students shall be
admitted.
16-77.2-2.
Procedure for creation of district charter schools. --
(a) Any persons or
entities eligible to establish a district charter school may
submit a proposed charter to the
commissioner and the school committee of the district where the
district charter school is to be
located. The proposed charter shall:
(1) Be submitted to
the commissioner and to the school committee of the district where
the district charter school is to be located no later
than December 1st of the school year before the
school year in which the district charter school is to be
established;
(2) Describe a plan
for education, including the mission, objective, method of providing a
basic education, measurable student academic goals that the
district charter school will meet, and
process for improving student learning and fulfilling the
charter and fulfilling state and national
educational goals and standards;
(3) Provide a minimum
of one hundred eighty (180) days of instruction to students per
year;
(4) Indicate
performance criteria that will be used to measure student learning and to
comply with the charter, state, and national educational
goals and standards;
(5) Include an
agreement to provide a yearly report to parents, the community, the school
committee of the district where the district charter school is
to be located, and the commissioner,
which indicates the progress made by the district charter
school during the previous year in
meeting the charter objectives;
(6) Present a plan
for the governance, administration, and operation of the district charter
school, including the manner in which the governing board of
the school will be chosen, the
nature and extent of parental, professional educator, and
community involvement in the
governance and operation of the district charter school, and the
means of ensuring accountability
to the commissioner, the school district of the district
where the district charter school is to be
located, and the board of regents;
(7) Identify the
building that will house the district charter school and from whom and
under what terms and conditions it is to be provided;
(8) Describe what support
services will be provided by the school district and under what
terms and conditions those services are to be provided, and
describe what support services the
district charter school will obtain directly from
third-parties and, to the extent known, under what
terms and conditions those services are to be provided;
(9) Explain the
procedures that will be followed to ensure the health and safety of pupils
and staff;
(10) Describe
enrollment procedures including the permissible criteria for admission in
accordance with applicable state and federal law, along with a
policy or policies that outline
outreach and recruitment programs to encourage the enrollment
of a diverse student population;
(11) Explain the student discipline procedures;
(12) Explain the
relationship that will exist between the proposed district charter school
and its employees, including the terms and conditions of
employment and the qualifications that
the employees must meet. Teachers and administrators in district
charter schools must be certified
pursuant to state law and regulation. Teachers and
administrators in district charter schools shall
be entitled to prevailing wages and benefits as enjoyed
by other public school teachers and
administrators within the school district where the district charter
school is to be located and to
the state teachers’ retirement system under chapter 8 of
title 36. Employment in a district charter
school shall be considered "service" as that term
is defined in chapter 16 of this title. All
employees and prospective employees of a district charter
school shall be deemed to be public
school employees, having the same rights, including
retirement, under
law as employees and prospective employees at a
non-chartered public school.
(13) Identify with
particularity the state statutes, state regulations, and school district
rules from which variances are sought in order to
facilitate operation of the district charter school.
Explain the reasons for each variance and the
alternative method by which the concern that gave
rise to the regulation or provision will be addressed;
(14) The proposed
charter shall set forth those provisions of the collective bargaining
agreement which will not be applicable to that district charter
school subject to agreement by the
parties to the collectively bargaining agreement;
(15) Provide a
financial plan including a proposed budget for the term of the charter, and
an annual audit of the financial and administrative
operations of the district charter school, and
the manner in which the funds allocated to the district
charter school will be managed and
disbursed;
(16) Provide
procedures by which teaching personnel and parents can legally challenge
decisions of the governing board of the school which do not
conform to the school's charter; and
(17) Provide a copy
of the proposed bylaws of the district charter school.
(b) In those
instances where a charter is being sought for an existing public school, the
proposed charter must receive the affirmative votes of
two-thirds (2/3) of the teachers assigned to
the school prior to implementation. If approved by the
faculty, the proposed charter shall be voted
on by the parents or legal guardians of each student
assigned to the school, with one vote being
cast for each student. To be adopted by the parents, the
proposed charter must receive the
affirmative votes of parents or legal guardians representing a
majority of all the students assigned
to the school.
(c) In those
instances where a charter is being sought for a newly created district charter
school, the proposed charter must receive the affirmative
support of a number of certified
teachers employed within the school district where the
district charter school is to be located at
least equal to two-thirds (2/3) of the number of teachers
that will be required to staff the proposed
district charter school. The teachers who affirmatively
support the proposed charter must state
their desire to transfer to the district charter school,
once established, and to teach under the terms
of the charter. To demonstrate parental support within
the school district, the charter must receive
the affirmative support of parents or legal guardians
representing a number of students currently
enrolled in the school district equal to at least one-half
(1/2) of the number of students who would
be needed to attend the proposed district charter
school. The parents or guardians must state their
desire to have their children transfer to the district
charter school, once established, and to be
educated under the terms of the charter. The charter may then
be presented by the commissioner
to the board of regents for its approval. The charter
shall set forth those provisions of state statute,
regulation, and school district rules which will not be
applicable to that district charter school
(d) By approval of
the charter upon the recommendation of the commissioner, the board
of regents will be deemed to have authorized all
necessary variances from law and regulation
enumerated in the charter. Should the need for relief from the
operation of additional provisions
of law and/or contract become apparent subsequent to
implementation of the charter, a variance
may be obtained by an affirmative vote of two-thirds
(2/3) of the teachers then assigned to the
school, agreement by all parties to the collective
bargaining agreement and by an affirmative vote
of the board of regents upon a recommendation of the
commissioner.
16-77.2-3.
Process for consideration of proposed charter. -- (a)
If the commissioner or
the school committee of the district where the district
charter school is to be located finds the
proposed charter to be incomplete, further information may be
requested and required. The
commissioner shall develop regulations for amending an approved
charter, consistent with the
provisions of this chapter.
(b) After having received
a satisfactory proposed charter, the commissioner will provide
for a public comment period of not less than sixty (60)
days, during which they will hold at least
two (2) public hearings on the proposed charter. These
hearings will be held in the district where
the proposed district charter school is to be located.
Any person may file with the committee
and/or the commissioner comments, recommendations, and/or
objections relevant to the granting
of a charter.
(c) A copy of the
proposed charter for a district charter school at an existing public school
shall be provided to the collective bargaining agent for
the teachers in the school district where
the district charter school is to be located at the time
that it is filed with the school committee of
the district where the district charter school is to be
located and the commissioner. The teachers
through their collective bargaining agent shall be afforded
the opportunity to present their
analysis of and recommendations regarding the proposed charter
to the school committee of the
district where the district charter school is to be located
and the board of regents prior to any
determination by those entities. If the teachers' union objects to
the proposed charter or to any
provision of it, it shall set forth the reasons for those
objections in detail. These objections and
recommendations shall be considered and responded to by the school
committee of the district
where the district charter school is to be located and the
commissioner before making any
recommendation to the board of regents, and by the board of regents
prior to its determination.
(d) The commissioner
or the school committee of the district where the district charter
school is to be located will each decide on whether or not
to recommend the granting of the
charter to the board of regents within ninety (90) days after
the conclusion of the public comment
period.
(e) The commissioner
or the school committee of the district where the district charter
school is to be located may recommend to the board of
regents granting of a revocable charter for
a district charter school upon receiving a proposed
charter.
(f) If the
commissioner or the school committee of the district where the district charter
school is to be located recommends the granting of the
proposed charter, the matter shall be
referred to the board of regents for a decision on whether to
grant a charter. The board of regents
may grant a charter for a period of up to five (5) years.
The decision of the board of regents,
complete with reasons and conditions, shall be made available
to the public and to the applicant.
Charter public school approval for establishment or
continuation shall be for up to a five (5) year
period. At the conclusion of each five (5) year period, the
board of regents may conduct a
subsequent review of the district charter school’s charter. If
the board of regents does not
conduct such a review, the charter shall renew for another
five (5) year period. The
commissioner, with approval of the board of regents, shall
promulgate rules and regulations for
these five (5) year reviews.
(g) The commissioner,
with the approval of the board of regents, may grant a variance to
any provision of title 16 other than those enumerated in
section 16-77.1, and to any department of
education regulation and to any school district regulation
which does not affect the health and
safety or civil rights of pupils in district charter
schools.
(h) All proposed
charters shall be matters of public record and will be provided to
members of the public upon request.
16-77.2-4.
Revocation of the charter of a district charter school. --
(a) The board of
regents may revoke the charter of a district charter school
at any time, pursuant to section 16-77-
5.1, if the school:
(1) Materially
violates any of the 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;
(4) Violates
provisions of law that have not been granted variance by the board of
regents; or
(5) After three (3)
consecutive years of operation, is not a “high-performing charter
school,” defined as a charter public 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
public school.
(b) After denying or
prior to non-renewing 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.
16-77.2-5.
Budgets and funding. -- (a) It is the intent of
the general assembly that
funding pursuant to this chapter shall be neither a financial
incentive nor a financial disincentive
to the establishment of a district charter school.
Funding for each district charter school shall
consist of state revenue and municipal or district revenue in
the same proportions that funding is
provided for other schools within the sending school
district(s).
(b) The amount of
funding which shall be allocated to the district charter school by the
sending school district(s) shall be equal to a percentage of
the total budgeted expenses of the
sending school district(s) which is determined by dividing
the number of students enrolled in the
district charter school by the total resident average daily
number of students in the sending school
district(s).
(c) Funding
additional to that authorized from the sending school district(s) by subsection
(b) may be allocated to the
district charter school from the sending school district(s) to the extent
that the combined percentage of students eligible for free
or reduced cost lunch, students with
limited English proficiency, and students requiring special
education exceed the combined
percentage of those students in the sending school district(s)
as a whole. The commissioner shall
promulgate rules and regulations consistent with this section
regarding the allocation of funds
from sending school districts to district charter schools.
(d) All services
centrally or otherwise provided by the school district in which the district
charter school is located which the district charter school
decides to utilize including, but not
limited to, transportation, food services, custodial
services, maintenance, curriculum, media
services, libraries, nursing, and warehousing, shall be
subject to negotiation between a district
charter school and the school district in which the district
charter school is located and paid for
out of the revenues of the district charter school.
Disputes with regard to cost of services
requested from the school district in which the district
charter school is located will be
adjudicated by the commissioner.
(e) A district
charter school shall be eligible to receive other aids, grants, Medicaid
revenue, and other revenue according to
Federal aid received by the state shall be used to
benefit students in the charter public school, if
the school qualifies for the aid, as though it were a
school district.
(f) A district
charter school may negotiate and contract directly with third parties for the
purchase of books, instructional materials, and any other
goods and services which are not being
provided by the sending school district(s) pursuant to the
charter.
(g) Any
career/technical charter public school enrolling special education students
from
outside school districts with verifiable individual education
program (IEP) designations shall
receive from the sending school district(s) the average per pupil
special education cost of the
sending district, in accordance with standards established by
the
secondary and elementary education.
16-77.2-6.
Applicability of other provisions of title 16. -- The
board of regents may
grant to district charter schools variances of specific
chapters and sections of this title except to
the extent that these chapters and sections are
enumerated in section 16-77.2-7.
16-77.2-7.
Portions of title 16 applicable to district charter schools. -- The
following
provisions of this title shall be binding on district charter
schools and may not be waived by the
commissioner under section 16-77.2-3:
(1) Section 16-2-2
(minimum length of school year);
(2) Section 16-2-17
(right to a safe school);
(3) Section 16-8-10
(federal funds for school lunch);
(4) Section 16-11-1
(certification of public school teachers);
(5) Section 16-12-3
(duty to cultivate principles of morality);
(6) Section 16-12-10
(immunity for report of suspected substance abuse);
(7) Chapter 13
(teachers' tenure);
(8) Chapter 16
(teachers' retirement);
(9) Section 16-19-1
(compulsory attendance);
(10) Section 16-20-1
(school holidays enumerated);
(11) Sections 16-21-3
and 16-21-4 (fire safety);
(12) Sections
16-21-10, 16-21-14, and 16-21-16 (health screenings);
(13) Section 16-22-9
(uniform testing);
(14) Section 16-24-2
(regulations of state board);
(15) Section 16-38-1 (discrimination
because of race or age);
(16) Section
16-38-1.1 (discrimination because of sex);
(17) Section 16-38-2
(immunizations);
(18) Section 16-38-4
(exclusive club);
(19) Section 16-38-6
(commercial activities prohibited);
(20) Section 16-38-9
(misconduct of school officers);
(21) Section 16-38-10
(power of officials to visit schools);
(22) Section 16-39-1
(appeal of matters of dispute to commissioner);
(23) Section 16-39-2
(appeal of school committee actions to commissioner);
(24) Section 16-39-3
(appeal to state board);
(25) Section
16-39-3.1 (enforcement of final decision);
(26) Section
16-39-3.2 (interim protective orders);
(27) Section 16-39-8
(subpoena power of commissioner);
(28) Section 16-40-16
(student records);
(29) Section 16-71-1
(Educational Record Bill of Rights Act).
(30) Chapter
16-21-21.1 (Penalties for drug, alcohol or weapons offenses);
(31) Chapter 16-21.5
(Student interrogations);
16-77.2-8. Charter
school reporting. – (a) All district
charter schools shall continuously
monitor their financial operations by tracking actual versus
budgeted revenue and expense. The
chief financial officer of the district charter school
shall submit a report on a quarterly basis to the
state office of municipal affairs certifying the status of
the district charter school budget.
(b) The quarterly
reports shall be in a format prescribed by the state office of municipal
affairs and the state auditor general. The reports shall
contain a statement as to whether any actual
or projected shortfalls in budget line items are
expected to result in a year-end deficit, the
projected impact on year-end financial results including all
accruals and encumbrances, and how
the district charter school plans to address any such
shortfalls. The auditor general or the state
director of administration may petition the superior court to
order the district charter school to file
said reports. The director of administration may also
direct the state controller and general
treasurer to withhold any funding to the district charter
school until the school complies with the
reporting requirements hereunder. Failure to comply with this
section shall be cause for the
revocation of the school charter.
SECTION 5. Title 16 of the General Laws entitled
"EDUCATION" is hereby amended
by adding thereto the following chapter:
CHAPTER
77.3
INDEPENDENT
CHARTER SCHOOLS
16-77.3-1.
Entities eligible to apply to become independent charter schools.
– (a)
Persons or entities eligible to submit an application
to establish an independent charter school
shall be limited to:
(1)
have existed for at least two (2) years and must exist for
a substantial reason other than to operate
a school; or
(2) Colleges or
universities within the State of
(b) No child shall be
required to attend an independent charter school nor shall any
teacher be required to teach in an independent charter
school. The sending school district shall
make accommodations for those students who wish to
participate to transfer into an independent
charter school as space permits. If the total number of
students who are eligible to attend and
apply to an independent charter school is greater than the
number of spaces available, the
independent charter school shall conduct a lottery to determine
which students shall be admitted.
16-77.3-2.
Procedure for creation of independent charter schools. -- (a)
Any persons
or entities eligible to establish an independent charter
public school may submit a proposed
charter to the commissioner. The proposed charter shall:
(1) Be submitted to
the commissioner no later than December 1st of the school year
before the school year in which the independent charter
school is to be established;
(2) Describe a plan
for education, including the mission, objective, method of providing a
basic education, measurable student academic goals that the
independent charter school will meet,
and process for improving student learning and fulfilling
the charter and fulfilling state and
national educational goals and standards;
(3) Provide a minimum
of one hundred eighty (180) days of instruction to students per
year;
(4) Indicate
performance criteria that will be used to measure student learning and to
comply with the charter, state, and national educational
goals and standards;
(5) Include an agreement
to provide a yearly report to parents, the community, the
sending school districts, and the commissioner, which
indicates the progress made by the
independent charter school during the previous year in meeting
the charter objectives;
(6) Present a plan
for the governance, administration, and operation of the independent
charter school, including the manner in which the governing
board of the school will be chosen,
the nature and extent of parental, professional educator,
and community involvement in the
governance and operation of the independent charter school, and
the means of ensuring
accountability to the commissioner, the sending school districts,
and the board of regents;
(7) Identify the
building that will house the independent charter school and from whom
and under what terms and conditions it is to be provided;
(8) Describe what
support services will be provided by the sending school district(s) and
under what terms and conditions those services are to be
provided, and describe what support
services the independent charter school will obtain directly
from third parties and, to the extent
known, under what terms and conditions those services are
to be provided;
(9) Explain the
procedures that will be followed to ensure the health and safety of pupils
and staff;
(10) Describe
enrollment procedures including the permissible criteria for admission in
accordance with applicable state and federal law, along with a
policy or policies that outline
outreach and recruitment programs to encourage the enrollment
of a diverse student population;
(11) Explain the student discipline procedures;
(12) Explain the
relationship that will exist between the proposed independent charter
school and its employees, including the terms and conditions
of employment and the
qualifications that the employees must meet. Teachers and
administrators in independent charter
schools must be certified pursuant to state law and
regulation. Teachers and administrators in
independent charter schools shall be entitled to prevailing wages
and benefits as enjoyed by other
school shall be considered "service" as that term is
defined in chapter 16 of this title for purposes
of determining the appropriate step on a salary schedule
for certified personnel. Employment in
an independent charter school can be considered
“service” as that term is defined in chapter 16 of
this title for determining status in the teachers’
retirement system. All employees and prospective
employees of an independent charter school shall be deemed to
be public school employees,
having the same rights under
employees at a non-chartered public school;
(13) Identify with
particularity the state statutes, state regulations, and sending school
district(s) rules from which variances are sought in order to
facilitate operation of the independent
charter school. Explain the reasons for each variance and the
alternative method by which the
concern that gave rise to the regulation or provision will be
addressed;
(14) Provide a
financial plan including a proposed budget for the term of the charter, and
an annual audit of the financial and administrative
operations of the independent charter school,
and the manner in which the funds allocated to the
independent charter school will be managed
and disbursed;
(15) Provide
procedures by which teaching personnel and parents can legally challenge
decisions of the governing board of the school which do not
conform to the school's charter; and
(16) Provide a copy
of the proposed bylaws of the independent charter school.
(c) Any nonprofit
organization which seeks to establish an independent charter school
must submit its financial records and financial plan for
operating the school to the auditor general,
who shall review the records, the financial plan, and the
financial integrity of the organization. At
the time of submission of a proposed charter the
financial records and financial recordkeeping
system of the nonprofit organization and the proposed
financial plan for the independent charter
school shall be reviewed by the auditor general and the
auditor general shall, while the proposed
charter is being considered for preliminary approval by the
board of regents, provide an initial
determination to the board of regents, the commissioner, and the
speaker of the house of
representatives indicating that the auditor general is satisfied that
the nonprofit organization is
financially responsible. Final approval for operation of the
independent charter school shall not be
granted by the board of regents until the auditor general has
approved the financial plan and
financial record keeping system and is satisfied that the
nonprofit organization is financially
responsible. The auditor general shall notify the board of
regents, the commissioner, and the
speaker of the house of representatives of the findings.
During the year immediately preceding
the September in which the independent charter school is
to begin operation, the charter applicant
shall make any additional submissions to the auditor
general prescribed by the auditor general in
the initial determination. Additional submissions during
the year prior to the September in which
the independent charter school is to begin operation
shall include, but not be limited to, evidence
submitted to the auditor general not later than June 1st prior
to the opening of the independent
charter school of the existence of an agreement, option for
lease or purchase, lease agreement or
purchase agreement, contingent upon general assembly funding,
for a facility in which the
independent charter school will operate in its first year of
operation. The auditor general shall
have the authority to review independent charter schools
affiliated with nonprofit organizations
on an annual basis or require the school to have an
annual certified audit in accordance with the
same federal and state standards that are applicable to
local public school districts. If as a result of
any annual audit the auditor general believes there are
financial irregularities, the auditor general
shall withdraw the original approval and the board of
regents shall withdraw its approval for the
independent charter school to continue operation.
16-77.3-3.
Process for consideration of proposed charter. -- (a)
If the commissioner
finds the proposed charter to be incomplete, further
information may be requested and required.
The commissioner shall develop regulations for
amending an approved charter, consistent with
the provisions of this chapter.
(b) After having
received a satisfactory proposed charter, the commissioner will provide
for a public comment period of not less than sixty (60)
days, during which they will hold at least
two (2) public hearings on the proposed charter. These
hearings will be held in the district where
the proposed independent charter school is to be located.
Any person may file with the
commissioner comments, recommendations, and/or objections relevant
to the granting of a
charter.
(c) The commissioner
will decide on whether or not to recommend the granting of the
charter to the board of regents within ninety (90) days after
the conclusion of the public comment
period.
(d) If the
commissioner recommends the granting of the proposed charter, the matter shall
be referred to the board of regents for a decision on
whether to grant a revocable charter. The
board of regents may grant a charter for a period of up to
five (5) years. The decision of the
board of regents, complete with reasons and conditions,
shall be made available to the public and
to the applicant. Charter public school approval for
establishment or continuation shall be for up
to a five (5) year period. At the conclusion of each
five (5) year period, the board of regents may
conduct a subsequent review of the independent charter
school’s charter. If the board of regents
does not conduct such a review, the charter shall renew
for another five (5) year period. The
commissioner, with approval of the board of regents, shall
promulgate rules and regulations for
these five (5) year reviews.
(e) The commissioner,
with the approval of the board of regents, may grant a variance to
any provision of title 16 other than those enumerated in
section 16-77.3-7 and to any department
of education regulation and to any school district regulation
which does not affect the health and
safety or civil rights of pupils in independent charter
schools.
(f) All proposed
charters shall be matters of public record and will be provided to
members of the public upon request.
16-77.3-4.
Revocation of the charter of an independent charter school.
-- (a) The
board of regents may revoke the charter of an independent
charter school at any time, pursuant to
section 16-77-5.1, if the school:
(1) Materially
violates any provision 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;
(4) Violates
provisions of law that have not been granted variance by the board of
regents; or
(5) After three (3)
consecutive years of operation, is not a “high-performing charter
school,” defined as a charter public 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
public school.
(b) After denying or
prior to non-renewing 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.
16-77.3-5.
Budgets and funding. -- (a) It is the intent of
the general assembly that
funding pursuant to this chapter shall be neither a financial
incentive nor a financial disincentive
to the establishment of an independent charter school.
Funding for each independent charter
school shall consist of state revenue and municipal or
district revenue in the same proportions that
funding is provided for other schools within the sending
school district(s).
(b) The amount of
funding which shall be allocated to the independent charter school by
the sending school district(s) shall be equal to a
percentage of the total budgeted expenses of the
sending school district(s) which is determined by dividing
the number of students enrolled in the
district charter school by the total resident average daily
number of students in the sending school
district(s).
(c) Funding
additional to that authorized from the sending school district(s) by subsection
(b) may be allocated to the
independent charter school from the sending school district(s) to the
extent that the combined percentage of students eligible for
free or reduced cost lunch, students
with limited English proficiency, and students requiring
special education exceed the combined
percentage of those students in the sending school district(s)
as a whole. The commissioner shall
promulgate rules and regulations consistent with this section
regarding the allocation of funds
from sending school districts to independent charter
schools.
(d) An independent
charter school shall be eligible to receive other aids, grants,
Medicaid revenue, and other revenue according to Rhode
Island law, as though it were a school
district. Federal aid received by the state shall be used to
benefit students in the independent
charter school, if the school qualifies for the aid, as
though it were a school district.
(e) An independent
charter school may negotiate and contract directly with third parties
for the purchase of books, instructional materials, and
any other goods and services which are not
being provided by the sending school district(s) pursuant
to the charter.
(f) Any
career/technical charter public school enrolling special education students
from
outside school districts with verifiable individual education
program (IEP) designations shall
receive from the sending school district(s) the average per
pupil special education cost of the
sending district, in accordance with standards established by
the
elementary and secondary education.
16-77.3-6.
Applicability of other provisions of title 16. -- The
board of regents may
grant to independent charter schools variances of specific
chapters and sections of this title except
to the extent that these chapters and sections are
enumerated in section 16-77.3-7.
16-77.3-7.
Portions of title 16 applicability to independent charter schools. -- The
following provisions of this title shall be binding on
independent charter schools and may not be
waived by the commissioner under section 16-77.3-3:
(1) Section 16-2-2
(minimum length of school year);
(2) Section 16-2-17
(right to a safe school);
(3) Section 16-8-10
(federal funds for school lunch);
(4) Section 16-11-1
(certification of public school teachers);
(5) Section 16-12-3
(duty to cultivate principles of morality);
(6) Section 16-12-10 (immunity
for report of suspected substance abuse);
(7) Chapter 13
(teachers' tenure);
(8) Chapter 16
(teachers’ retirement);
(9) Section 16-19-1
(compulsory attendance);
(10) Section 16-20-1
(school holidays enumerated);
(11) Sections 16-21-3
and 16-21-4 (fire safety);
(12) Sections
16-21-10, 16-21-14, and 16-21-16 (health screenings);
(13) Section 16-22-9
(uniform testing);
(14) Section 16-24-2
(regulations of state board);
(15) Section 16-38-1
(discrimination because of race or age);
(16) Section
16-38-1.1 (discrimination because of sex);
(17) Section 16-38-2
(immunizations);
(18) Section 16-38-4
(exclusive club);
(19) Section 16-38-6
(commercial activities prohibited);
(20) Section 16-38-9
(misconduct of school officers);
(21) Section 16-38-10
(power of officials to visit schools);
(22) Section 16-39-1
(appeal of matters of dispute to commissioner);
(23) Section 16-39-2
(appeal of school committee actions to commissioner);
(24) Section 16-39-3
(appeal to state board);
(25) Section
16-39-3.1 (enforcement of final decision);
(26) Section
16-39-3.2 (interim protective orders);
(27) Section 16-39-8
(subpoena power of commissioner);
(28) Section 16-40-16
(student records);
(29) Section 16-71-1
(Educational Record Bill of Rights Act);
(30) Section
16-21-21.1 (penalties for drug, alcohol or weapons offense); and
(31) Chapter 16-21.5
(student interrogations).
16-77.3-8. Charter
school reporting. – (a) All independent
charter schools shall
continuously monitor their financial operations by tracking actual
versus budgeted revenue and
expense. The chief financial officer of the independent charter
school shall submit a report on a
quarterly basis to the state office of municipal affairs
certifying the status of the independent
charter school budget. The quarterly reports shall be in a
format prescribed by the state office of
municipal affairs and the state auditor general. The reports
shall contain a statement as to whether
any actual or projected shortfalls in budget line items
are expected to result in a year-end deficit,
the projected impact on year-end financial results
including all accruals and encumbrances, and
how the independent charter school plans to address any
such shortfalls.
(b) The auditor
general or the state director of administration may petition the superior
court to order the independent charter school to file said
reports. The director of administration
may also direct the state controller and general
treasurer to withhold any funding to the
independent charter school until the school complies with the
reporting requirements hereunder.
Failure to comply with this section shall be cause for
the revocation of the school charter.
SECTION 6. Title 16 of the General Laws entitled
"EDUCATION" is hereby amended
by adding thereto the following chapter:
CHAPTER
77.4
MAYORAL
ACADEMIES
16-77.4-1.
Entities eligible to apply to become a mayoral academy. --
(a) A “mayoral
academy” means a charter school created by a mayor of any
city or town within the State of
(regardless of the time said
nonprofit organization is in existence), which enrolls students from
more than one city or town including both urban and
non-urban communities and which offers an
equal number of enrollments to students on a lottery basis;
provided, further, that such mayoral
academies shall have a board of trustees or directors which is
comprised of representatives from
each included city or town and is chaired by a mayor of an
included city or town. For purposes of
this chapter the term “mayor” shall include any elected
town administrator.
(b) No child shall be
required to attend a mayoral academy nor shall any teacher be
required to teach in a mayoral academy. The school committee
of the district in which a mayoral
academy is located shall make accommodations to facilitate
the transfer of students who do not
wish to participate in a mayoral academy into other public
schools. It shall also make
accommodations for those students who wish to transfer into the
mayoral academy as space
permits. If the total number of students who are eligible to
attend and apply to a mayoral academy
is greater than the number of spaces available, the
mayoral academy shall conduct a lottery to
determine which students shall be admitted.
16-77.4-2.
Procedure for creation of a mayoral academy. -- (a)
Any persons or entities
eligible to establish a mayoral academy may submit a proposed
charter to the commissioner. The
proposed charter shall:
(1) Be submitted to
the commissioner no later than December 1st of the school year
before the school year in which the mayoral academy is to be
established;
(2) Describe a plan
for education, including the mission, objective, method of providing a
basic education, measurable student academic goals that the
mayoral academy will meet, and
process for improving student learning and fulfilling the
charter and fulfilling state and national
educational goals and standards;
(3) Provide a minimum
of one hundred eighty (180) days of instruction to students per
year;
(4) Indicate
performance criteria that will be used to measure student learning and to
comply with the charter, state, and national educational
goals and standards;
(5) Include an
agreement to provide a yearly report to parents, the community, the school
committee of the sending districts, and the commissioner, which
indicates the progress made by
the mayoral academy during the previous year in meeting
the charter objectives;
(6) Present a plan
for the governance, administration, and operation of the mayoral
academy, including the manner in which the governing board of
the school will be chosen, the
nature and extent of parental, professional educator, and
community involvement in the
governance and operation of the mayoral academy, and the means
of ensuring accountability to
the commissioner, the sending school district(s), and the
board of regents;
(7) Identify the
building that will house the mayoral academy and from whom and under
what terms and conditions it is to be provided;
(8) Describe what
support services will be provided by the sending school district(s) and
under what terms and conditions those services are to be
provided, and describe what support
services the mayoral academy will obtain directly from third
parties and, to the extent known,
under what terms and conditions those services are to be
provided;
(9) Explain the
procedures that will be followed to ensure the health and safety of pupils
and staff;
(10) Describe
enrollment procedures including the permissible criteria for admission in
accordance with applicable state and federal law, along with a
policy or policies that outline
outreach and recruitment programs to encourage the enrollment of
a diverse student population;
(11) Explain the student discipline procedures;
(12) Explain the
relationship that will exist between the proposed mayoral academy and
its employees, including the terms and conditions of
employment and the qualifications that the
employees must meet. Teachers and administrators in mayoral
academies must be certified
pursuant to state law and regulation.
(13) Each mayoral
academy established pursuant to this chapter may, by written notice to
the commissioner of elementary and secondary education,
elect to have this subsection apply (or
not apply) to its teachers, administrators, and
employees:
(I) Teachers and
administrators in a mayoral academy shall be entitled to prevailing
wages and benefits as enjoyed by other public school
teachers and administrators;
(ii) Teachers and
administrators in a mayoral academy shall be entitled to participate in
the state teachers’ retirement system under chapter 8 of
title 36;
(iii) Employment in a
mayoral academy shall be considered "service" as that term is
defined in chapter 16 of this title.
(14) Identify with
particularity the state laws, state regulations, and school district rules
from which variances are sought in order to facilitate operation
of the mayoral academy. Explain
the reasons for each variance and the alternative method
by which the concern that gave rise to
the regulation or provision will be addressed;
(15) Provide a
financial plan including a proposed budget for the term of the charter, and
an annual audit of the financial and administrative
operations of the mayoral academy, and the
manner in which the funds allocated to the mayoral academy
will be managed and disbursed;
(16) Provide
procedures by which teaching personnel and parents can legally challenge
decisions of the governing board of the mayoral academy which
do not conform to the mayoral
academy’s charter; and
(17) Provide a copy
of the proposed bylaws of the mayoral academy.
16-77.4-3.
Process for consideration of proposed charter. -- (a)
If the commissioner
finds the proposed charter to be incomplete, further
information may be requested and required.
The commissioner shall develop regulations for
amending an approved charter, consistent with
the provisions of this chapter.
(b) After having
received a satisfactory proposed charter, the commissioner will provide
for a public comment period of not less than sixty (60)
days, during which they will hold at least
two (2) public hearings on the proposed charter. These
hearings will be held in the district where
the proposed mayoral academy is to be located. Any person
may file with the committee and/or
the commissioner comments, recommendations, and/or
objections relevant to the granting of a
charter.
(c) The commissioner
will decide whether to recommend the granting of the charter to
the board of regents within ninety (90) days after the
conclusion of the public comment period.
(d) If the
commissioner recommends the granting of the proposed charter, the matter shall
be referred to the board of regents for a decision on
whether to grant a charter. The board of
regents may grant a charter for a period of up to five (5)
years. The decision of the board of
regents, complete with reasons and conditions, shall be made
available to the public and to the
applicant. Charter public school approval for establishment or
continuation shall be for up to a
five (5) year period. At the conclusion of each five (5) year
period, the board of regents may
conduct a subsequent review of the mayoral academy’s charter.
If the board of regents does not
conduct such a review, the charter shall renew for another
five (5) year period. The
commissioner, with approval of the board of regents, shall
promulgate rules and regulations for
these five (5) year reviews.
(e) The commissioner,
with the approval of the board of regents, may grant a variance to
any provision of title 16 other than those enumerated in
section 16-77.4-7 and to any department
of education regulation and to any school district
regulation which does not affect the health and
safety or civil rights of pupils in a mayoral academy.
(f) All proposed
charters shall be matters of public record and will be provided to
members of the public upon request.
16-77.4-4.
Revocation of the charter of a mayoral academy. --
(a) The board of
regents may revoke the charter of a mayoral academy at any
time, pursuant to section 16-77-5.1,
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;
(4) Violates
provisions of law that have not been granted variance by the board of
regents; or
(5) After three (3)
consecutive years of operation, is not a “high-performing charter
school,” defined as a charter public 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
public school.
(b) After denying or
prior to non-renewing 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.
16-77.4-5.
Budgets and funding. -- (a) It is the intent of
the general assembly that
funding pursuant to this chapter shall be neither a financial
incentive nor a financial disincentive
to the establishment of a mayoral academy. Funding for
each mayoral academy shall consist of
state revenue and municipal or district revenue in the same
proportions that funding is provided
for other schools within the sending school district(s).
(b) The amount of
funding which shall be allocated to the mayoral academy by the
sending school district(s) shall be equal to a percentage of
the total budgeted expenses of the
sending school district(s) which is determined by dividing
the number of students enrolled in the
mayoral academy by the total resident average daily number of
students in the sending school
district(s).
(c) Funding
additional to that authorized from the sending school district(s) by subsection
(b) may be allocated to the
mayoral academy from the sending school district(s) to the extent that
the combined percentage of students eligible for free or
reduced cost lunch, students with limited
English proficiency, and
students requiring special education exceed the combined percentage of
those students in the sending school district(s) as a
whole. The commissioner shall promulgate
rules and regulations consistent with this section regarding
the allocation of funds from sending
school districts to mayoral academies.
(d) A mayoral academy
shall be eligible to receive other aids, grants, Medicaid revenue,
and other revenue according to
received by the state shall be used to benefit students in a
mayoral academy, if the school
qualifies for the aid, as though it were a school district.
(e) A mayoral academy
may negotiate and contract directly with third parties for the
purchase of books, instructional materials, and any other
goods and services which are not being
provided by the sending school district(s) pursuant to the
charter.
(f) Any career/technical
charter public school enrolling special education students from
outside school districts with verifiable individual education
program (IEP) designations shall
receive from the sending school district(s) the average per
pupil special education cost of the
sending district(s), in accordance with standards established
by the
elementary and secondary education.
16-77.4-6.
Applicability of other provisions of title 16. -- The
board of regents may
grant to mayoral academies variances of specific chapters
and sections of this title except to the
extent that these chapters and sections are enumerated in
section 16-77.4-7.
16-77.4-7.
Portions of title 16 applicable to mayoral academies. -- The following
provisions of this title shall be binding on mayoral academies
and may not be waived by the
commissioner under section 16-77.4-3:
(1) Section 16-2-2
(minimum length of school year);
(2) Section 16-2-17
(right to a safe school);
(3) Section 16-8-10
(federal funds for school lunch);
(4) Section 16-11-1
(certification of public school teachers);
(5) Section 16-12-3
(duty to cultivate principles of morality);
(6) Section 16-12-10
(immunity for report of suspected substance abuse);
(7) Section 16-19-1
(compulsory attendance);
(8) Section 16-20-1
(school holidays enumerated);
(9) Sections 16-21-3
and 16-21-4 (fire safety);
(10) Sections
16-21-10, 16-21-14, and 16-21-16 (health screenings);
(11) Section 16-22-9
(uniform testing);
(12) Section 16-24-2
(regulations of state board);
(13) Section 16-38-1
(discrimination because of race or age);
(14) Section
16-38-1.1 (discrimination because of sex);
(15) Section 16-38-2
(immunizations);
(16) Section 16-38-4
(exclusive club);
(17) Section 16-38-6
(commercial activities prohibited);
(18) Section 16-38-9
(misconduct of school officers);
(19) Section 16-38-10
(power of officials to visit schools);
(20) Section 16-39-1
(appeal of matters of dispute to commissioner);
(21) Section 16-39-2
(appeal of school committee actions to commissioner);
(22) Section 16-39-3
(appeal to state board);
(23) Section
16-39-3.1 (enforcement of final decision);
(24) Section 16-39-3.2
(interim protective orders);
(25) Section 16-39-8
(subpoena power of commissioner);
(26) Section 16-40-16
(student records);
(27) Section 16-71-1
(Educational Record Bill of Rights Act);
(28) Section
16-21-21.1 (Penalties for drug, alcohol or weapons offenses);
(29) Chapter 16-21.5
(Student interrogations);
16-77.4-8.
Mayoral academy reporting. – (a) All mayoral academies shall continuously
monitor their financial operations by tracking actual versus
budgeted revenue and expense. The
chief financial officer of a mayoral academy shall submit a
report on a quarterly basis to the state
office of municipal affairs certifying the status of that
mayoral academy’s budget. The quarterly
reports shall be in a format prescribed by the state office
of municipal affairs and the state auditor
general. The reports shall contain a statement as to whether
any actual or projected shortfalls in
budget line items are expected to result in a year-end deficit,
the projected impact on year-end
financial results including all accruals and encumbrances, and
how the mayoral academy plans to
address any such shortfalls.
(b) The auditor
general or the state director of administration may petition the superior
court to order a mayoral academy to file said reports. The
director of administration may also
direct the state controller and general treasurer to
withhold any funding to a mayoral academy
until the school complies with the reporting requirements
hereunder. Failure to comply with this
section shall be cause for the revocation of the school
charter.
SECTION 7. This act shall take effect upon passage.
=======
LC02100/SUB A
======