Introduced By: Reps. Benoit, Burlingame, Crowley, Picard and Martineau
Date Introduced : January 20, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 16-77-2, 16-77-3, 16-77-4, 16-77-4.1, 16-77-4.2, 16-77-5, 16-77-7, 16-77-8, and 16-77-11 of the General Laws in Chapter 16-77 entitled "Establishment of Charter Public Schools" are hereby amended to read as follows:
16-77-2. Legislative purpose. -- (a) The purpose
of this chapter is to provide an alternative within the public
education system by offering opportunities for existing public
schools, groups of public school personnel, {DEL and DEL}
school districts {ADD , and established Rhode Island nonprofit organizations ADD}
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 {DEL schools DEL} {ADD education ADD}.
{ADD 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 color of 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 Rhode Island law
as students and prospective students at a nonchartered public school. ADD}
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
herein 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 {DEL but
within the existing public school district structure, DEL}
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 hereby 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 (5) year periods.
(b) {DEL Charters shall be granted only to: DEL} {ADD Persons
or entities eligible to submit an application to establish a charter
school shall be limited to: ADD}
(1) existing public schools; or
(2) groups of public school personnel; {DEL or DEL}
(3) public school districts {DEL . DEL} {ADD ; ADD}
{ADD (4) established Rhode Island nonprofit organizations in accordance with paragraph (i) of this section provided that such nonprofit organizations shall have existed for at least two (2) years and must exist for a substantial reason other than to operate a school; ADD}
{ADD (5) a group of school districts; or ADD}
{ADD (6) colleges and universities within the state of Rhode Island. ADD}
(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.
{ADD (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. In addition, 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. ADD}
{DEL (d) Each proposed charter for a newly created public school
must demonstrate to the school committee, to the commissioner,
and to the board of regents in the application that there are
a number of certified teaching personnel equal to at least two-thirds
(2/3) of the number of the personnel that will be required to
staff the proposed school who desire to participate in it and
a number of parents of eligible children equal to at least one-half
(1/2) of the number of students that would attend the proposed
school who desire to have their children participate in it, as
provided in section 16-77-4.2. DEL}
{ADD (e) School professionals employed by a local or regional school committee or the state of Rhode Island shall be entitled to a two year leave of absence, without compensation, in order to be employed in a charter school, provided such leave shall be extended upon request for an additional two years. At any time during or upon completion of such 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. Such leave of absence shall not be deemed to be an interruption of service for purposes of seniority and teachers' retirement. ADD}
{DEL (e) DEL} {ADD (f) ADD} 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. {ADD 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. ADD}
{DEL The school committee and the collective bargaining agent
for teachers in the school district shall make accommodations
to facilitate the transfer of teaching staff who do not wish to
participate in the charter public school into other public schools,
and to facilitate the transfer of those who wish to participate
into the charter public school. DEL}
{DEL (f) DEL} {ADD (g) ADD} The commissioner is hereby 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. {ADD Said 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. ADD}
{DEL (g) DEL} {ADD (h) All charter schools shall adhere
to financial recordkeeping, 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. ADD}
{DEL (h) DEL} {ADD (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. No application for
a charter school from a nonprofit organization may be considered
by the board of regents until the auditor general has approved
the financial plan and financial recordkeeping 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. 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. ADD}
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 {DEL the DEL} 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, 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. {DEL Teachers
and administrators in charter public schools shall remain employees
of the school district for purposes of salary, financial benefits,
and pension eligibility. Teachers at the charter public school
shall remain members of the collective bargaining unit for teachers
in the school district, and shall have access to the grievance
and dispute resolution procedures set forth in the collective
bargaining agreement with the district; DEL} {ADD 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 further
be subject to the state teacher retirement system under chapter
8 of title 36. Employment in a charter school shall be considered
"service" as that term is defined in chapter 16 of title
16. All employees and prospective employees of a charter school
shall be deemed to be public school employees, having the same
rights, including retirement, under Rhode Island and federal law
as employees and prospective employees at a nonchartered public
school. ADD}
(13) Identify with particularity the state statutes {DEL and DEL}
{ADD , ADD} state regulations, {ADD and ADD} school district rules {DEL ,
and the provisions of the collective bargaining agreement for
teaching personnel DEL} 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 {DEL at
an existing school DEL} {ADD within a school district.
-- ADD} {ADD (a) ADD}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 so 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) {ADD 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. ADD} (c) The charter
shall set forth those provisions of state statute {ADD , ADD} {DEL and DEL}
regulation, {ADD and ADD} of school district rules {DEL , and of
the collective bargaining agreement DEL} which will not be
applicable to that charter public school. By two-thirds (2/3)
vote of the teachers as provided for herein, the teachers will
be deemed to have given their consent to the variances from those
provisions of law {DEL and/or of contract enumerated in the
charter. DEL} {ADD , 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. ADD} 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 {ADD , agreement by all parties to the collective bargaining
agreement, ADD} 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. -- {DEL In those instances where a
charter is being sought for a newly created public 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 numbers 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. DEL}
To demonstrate parental support {DEL within the school district, DEL}
{ADD for the proposed charter public school, ADD} the charter must
receive the affirmative support of parents or legal guardians
representing a number of students {DEL currently enrolled in
the school district DEL} 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 {DEL and DEL} {ADD , ADD}
regulation, {DEL of DEL} school district rule {DEL ,
and of the collective bargaining agreement DEL} which will
not be applicable to that charter public school. {DEL By two-thirds
(2/3) vote of the teachers as provided for herein, the teachers
will be deemed to have given their consent to the variances from
those provisions of law and/or of contract enumerated in the charter. DEL}
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 {DEL and/or
contract DEL} {ADD , regulations, or school district rule ADD}
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 {DEL assigned to DEL} {ADD employed
by ADD} 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 {DEL and the local school
committee DEL} 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 {ADD at an existing public school ADD} 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 thereof, it shall set forth the reasons for those objections in detail. Any such 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.
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. {DEL If a school
district generally indemnifies its teaching personnel, it shall
similarly indemnify the teaching personnel of a charter public
school within that district. DEL} 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 {ADD and/or
the board of regents pursuant to section 9-1-31 ADD}.
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 {ADD up to ADD} 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 ten (10) charters, serving no more than two percent (2%) of the state's school age population, shall be granted prior to July 1, 1996, and an additional ten (10) charters, serving no more than four percent (4%) of the state's school age population, by July 1, 1997. 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. In the first year, no more than two (2) charters may be granted in a single school district, except that if a district has more than twenty thousand (20,000) students then four (4) charters may be granted.
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);
(8) Chapter 16 (teachers' retirement);
(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).
{ADD SECTION 2. ADD} {ADD The commissioner of elementary and secondary education shall develop a mechanism, by rule or regulation, to support the equitable funding of charter schools. Said mechanism, shall be consistent with the terms and conditions of chapter 77 of title 16 and developed in accordance with the Administrative Procedures Act. The funding mechanism shall be promulgated and issued as a recommendation to the General Assembly no later than December 31, 1998.ADD}
SECTION 3. This act shall take effect upon passage.
