2022 -- S 2439

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LC004925

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- DEPARTMENT OF ELEMENTARY AND SECONDARY

EDUCATION

     Introduced By: Senators Zurier, and Cano

     Date Introduced: March 01, 2022

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-1-5 of the General Laws in Chapter 16-1 entitled "State

Department of Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island

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

     16-1-5. Duties of commissioner of elementary and secondary education.

     It shall be the duty of the commissioner of elementary and secondary education:

     (1) To carry out the policies and program formulated by the council on elementary and

secondary education.

     (2) To evaluate credentials of applicants for certificates, to verify that the certification of

teachers is in accordance with law and established standards, and to issue certificates at the direction

of the board.

     (3) To certify the approval of accredited schools.

     (4) To recommend to the board an outline of the subjects and courses of study and the

instructional standards for elementary and secondary schools.

     (5) To approve the distribution of state school funds in accordance with law and the

regulations of the board.

     (6) To verify that school sites and school building plans are in accordance with law and

regulations.

     (7) To exercise supervision over school libraries and library services.

     (8) To certify that school bus routes and schedules and all contracts for pupil transportation

conform with provisions of law and the rules and regulations of the board.

     (9) To require the observance of all laws relating to schools and education.

     (10) To interpret school law and to decide such controversies as may be appealed to the

commissioner from decisions of local school committees.

     (11) To prepare and recommend standard forms for the use of local schools.

     (12)(i) To prepare, with the assistance of the department of administration, manuals of

uniform budgetary and standard financial records and procedures for local school officers. The

board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989,

and those procedures should include, at a minimum, the following:

     (A) Provision for uniform classification of revenues and expenditures;

     (B) Requirements of detailed expenditure estimates and a table of organization including

the proposed staffing of each school;

     (C) Estimates of receipts and expenditures for the last two (2) completed fiscal years, the

current and ensuing fiscal years; and

     (ii) To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000) not

otherwise appropriated shall be included in the appropriation made to support the department of

elementary and secondary education.

     (13) To receive general supervision from the council on elementary and secondary

education and to appoint the several officers and employees of the department subject to the

provisions of the state merit system act, chapters 3 and 4 of title 36.

     (14) To establish health education, alcohol and substance abuse programs for students in

grades kindergarten (K) through twelve (12), in accordance with § 35-4-18. The program will

consist of the following: A mandated state health education, alcohol and substance abuse

curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in the

areas of health, fitness, alcohol and substance abuse, and an in-service training program that will

be developed specifically for the implementation of the mandated curriculum.

     (15)(i) To appoint a three-member (3) committee for the purpose of choosing a "teacher of

the year" among teachers in public school grades kindergarten (K) through twelve (12). The

"teacher of the year" shall receive an award of one thousand dollars ($1,000).

     (ii) It is the intent of the general assembly that the funds necessary to carry out the

provisions of this subdivision shall be provided within the annual appropriations act.

     (16) To institute a process to review, revise, and adopt statewide academic standards that

align with state assessments for the core subjects of mathematics, English language arts, science

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and technology, history and social studies, world languages, and the arts.

     (17) To institute a process for adapting, adopting, and developing curriculum frameworks

for mathematics, English language arts, science and technology, history and social studies, world

languages, and the arts covered by the academic standards.

     (18) To institute a process for reviewing and identifying high-quality curriculum and

materials in mathematics, English language arts, and science and technology.

     (19) To prepare each year a plan for providing statewide assistance in the preparation and

implementation of professional development plans.

     (20) To promulgate rules and regulations relating to the charter public school lottery

process established pursuant to § 16-77-6.1(f). Notwithstanding the foregoing provision,

exceptions to this lottery process may be made for charter public schools, as defined by § 16-77-

2.1(4), that are created with the purpose of offering specialized training and education in specific

fields of study or targeting at-risk groups approved by the commissioner.

     SECTION 2. Sections 16-77-2.1, 16-77-5.1 and 16-77-6.1 of the General Laws in Chapter

16-77 entitled "Establishment of Charter Public Schools [See Title 16 Chapter 97 - The Rhode

Island Board of Education Act]" are hereby amended to read as follows:

     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) (i) Rhode Island nonprofit

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 Rhode Island.

     (3) "Mayoral academies" means schools created by a mayor of any city or town within the

State of Rhode Island, acting by or through a nonprofit organization (regardless of the time 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 Rhode Island board of regents for elementary and

secondary education.

     (6) "Commissioner" means the Rhode Island commissioner of elementary and secondary

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education.

     (7) "Sending school district" means the district where the student attending or planning to

attend a charter public school resides.

     (8) “Educationally disadvantaged students” means all or a subset of the following: students

who are economically disadvantaged, students with disabilities, limited English proficient students,

migrant children, abused or neglected children, and children experiencing homelessness.

     (9) “Students who are economically disadvantaged” means students who qualify for free

or reduced lunch.

     (10) “Students with disabilities” means students who are eligible to receive services under

the Individuals with Disabilities Education Act.

     (11) “Limited English proficient students” means students who require assistance with

acquisition of the English language.

     (12) “Migrant children” means children who are migratory agricultural workers or fishers,

or who move from one school district to another with a parent or guardian who is a migratory

agricultural worker or fisher.

     (13) “Abused or neglected children” means children whose physical or mental health or

welfare is harmed, or threatened with harm, by his or her parent or other person responsible for his

or her welfare, pursuant to § 40-11-2.

     (14) “Children experiencing homelessness” refers to children or youth experiencing the

conditions defined in regulations issued by the commissioner under § 16-64-2 to comply with the

federal Stewart B. McKinney Homeless Assistance Act.

     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 §§ 16-39-1 and 16-39-2.

     (b) Charter public school approval for establishment or continuation shall be for up to a

five-year (5) period. In either case, council on elementary and secondary education approval is

required. Approval shall not be given unless the charter public school explains how its offer of

enrollment will be in accordance with state and federal law, including the process prescribed by §

16-77-6.1(f). The explanation shall include, but is not limited to, the offer and acceptance process,

the right to refuse an offer, and the effect of siblings not attending the charter public school.

     (c) Local, written support shall be required for a proposed charter that is a network charter

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school as defined herein. "Written support" means a resolution or ordinance granted by the town or

city council for each proposed sending district where the council considers the fiscal and

educational welfare of the municipality and students after at least one public hearing.

     (d) A charter public school, as defined in § 16-77-2.1, shall be considered a network charter

school if the charter public school encompasses, or will encompass, elementary and secondary

schools or multiple elementary or multiple secondary schools.

     (e) Charter public schools, as defined in § 16-77-2.1(4) and authorized as of the effective

date of this act [July 13, 2016], shall be exempt from subsection (c) of this section and shall not

require local, written support under subsection (c) for any proposed expansion or charter renewal.

     (f) A proposed charter, or amendment to a charter for expansion, may proceed through the

approval process by removing districts that have not provided written support, in accordance with

this section, from the catchment area and may be approved with the remaining districts in the

catchment area, provided that the application satisfies the requirements of regulations and law.

     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 council on

elementary and secondary education; 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; or

     (6) Bases its offers of enrollment on criteria that are not in accordance with state and federal

law, including the process prescribed by § 16-77-6.1(f).

     (g) 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 § 16-

39-1.

     (h) 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

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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 students, as defined in § 16-77-2.1, 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.

     (f) Charter public schools, defined in § 16-77-2.1(4), shall conduct a weighted lottery to

determine enrollment. Charter public schools may develop their own lottery procedures; provided

that they are consistent with federal and state laws, including the following:

     (1) A charter public school’s lottery shall be weighted in favor of at least three (3) subsets

of educationally disadvantaged students, defined in § 16-77-2.1(8). The weights shall be formulated

to meet or exceed the sending school district’s representation for that group, as best as possible.

     (2) The weighted lottery shall be designed as an opt-out system:

     (i) By March 1 of every year, all students enrolled in school districts that are included in a

charter public school’s catchment area shall be entered into the weighted lottery for all charter

public schools that the students would be eligible to attend, if offered.

     (ii) On or before February 1 of every year, a parent or guardian may opt their student out

of the charter public school weighted lottery system for the entire state by notifying the school

district that their student attends or the department of elementary and secondary education (the

“department”) of their intent not to have their student entered into any weighted lottery for charter

public schools.

     (A) Only parents or guardians who intend to opt their student out of weighted lotteries for

all charter public schools in the state shall be permitted to notify the school district their student

attends or the department under this subsection. No opt-out notification shall be permitted for

parents or guardians who intend for their student be entered into the weighted lottery of some

charter public schools, but not others.

     (B) This notification shall only be required once in the academic career of each student.

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Parents or guardians who notify their student’s school district or the department of their intention

to opt their student out of weighted lotteries for all charter public schools in the state shall not be

required to submit the opt-out notification every year.

     (C) Parents or guardians who have submitted an opt-out notification may rescind this notice

at any time, thereby allowing their student to be included in weighted lotteries for all charter public

schools in the state; provided that, they do so by February 1.

     (iii) The parent or guardian of a student not registered in the school district for which they

are eligible to register may provide the student’s data to the department of education by February

1 to ensure the student is entered in the lottery for enrollment.

     (iv) The parent or guardian of a student not residing in the school district for which they

would be eligible to register at the time of the lottery may, with an acknowledgment that they intend

to be registered in the school district at the commencement of the school year, provide the student’s

data to the department of education by February 1 to ensure the student is entered in the lottery for

enrollment.

     (v) The department shall coordinate with each school district to ensure the opt-out

information received from parents or guardians in that academic year is current.

     (3) Upon completion of its annual weighted lottery:

     (i) Each charter public school shall notify the department of the results, and the charter

public school shall offer enrollments according to its approved charter to those students selected in

the weighted lottery.

     (ii) Students shall either accept or reject the offer to enroll at the charter public school.

     (A) In the event a student rejects the offer to enroll, another student shall be selected from

the waitlist pursuant to the charter public school’s approved charter, until all available slots for

students are filled.

     (4) Notwithstanding students who are otherwise eligible for enrollment prioritization as

siblings of currently enrolled students or children of staff, all remaining openings shall be offered

to those students selected though the weighted lottery process established by this § 16-77-6.1(f).

     (5) Nothing in this section shall preclude any eligible public school student of any age for

enrollment in a district charter school for which they would be eligible if offered. District charter

schools may not discriminate on the basis of an applicant’s race, ethnicity, religion, gender, and/or

sexual orientation.

     (g) The department shall promulgate rules and regulations to implement the purposes of

this section, which shall include, but are not limited to:

     (1) The manner and form of the weighted lottery opt-out notification;

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     (2) The manner and form of notification that charter public schools shall use to contact

parents or guardians when a student is selected in a charter public school’s lottery; provided that,

no fewer than two (2) separate notifications are provided; and

     (3) The manner and form of notification that parents or guardians shall use to accept or

reject their student’s offer of enrollment at a charter public school.

     (h) By October 1, 2023, and by every October 1 thereafter, the department shall report to

the general assembly:

     (1) The number of students in each educationally disadvantaged subset, identified in § 16-

77-2.1(8), that were selected for each grade in every charter public school’s lottery in each of the

previous five (5) years;

     (2) The number of students in each educationally disadvantaged subset, identified in § 16-

77-2.1(8), that enrolled in each charter public school in each of the previous five (5) academic

years:

     (i) As a result of a lottery; and

     (ii) As a result of another selection process including, but not limited to, enrollment

prioritization as a sibling of a currently enrolled student or a child of staff; and

     (3) The percentage of total school enrollment that the numbers listed in subsection (h)(2)(i)

of this section represent.

     SECTION 3. Section 16-77.2-1 of the General Laws in Chapter 16-77.2 entitled "District

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

amended to read as follows:

     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 (⅔) of the certified teaching personnel currently assigned to the school approve the proposed

charter, as provided in § 16-77.2-2.

     (c) 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

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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.

     SECTION 4. Section 16-77.3-1 of the General Laws in Chapter 16-77.3 entitled

"Independent Charter Schools [See Title 16 Chapter 97 - The Rhode Island Board of Education

Act]" is hereby amended to read as follows:

     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) Rhode Island nonprofit 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

     (2) Colleges or universities within the State of Rhode Island.

     (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.

     SECTION 5. Section 16-77.4-1 of the General Laws in Chapter 16-77.4 entitled "Mayoral

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

amended to read as follows:

     16-77.4-1. Entities eligible to apply to become, or for the expansion of, a mayoral

academy.

     (a) A "mayoral academy" means a charter school created by a mayor of any city or town

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within the State of Rhode Island, acting by, or through, a nonprofit organization established for

said purpose (regardless of the time said nonprofit organization is in existence), that enrolls students

from more than one city or town, including both urban and non-urban communities, and that 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 that is comprised of representatives from each

included city or town and is chaired by a mayor of an included city or town. The mayor from each

city or town, or in the absence of a mayor, the city or town council via a resolution or ordinance,

shall approve the participation in the mayoral academy's catchment area for a proposed charter or

an amendment to a charter for expansion. 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.

     SECTION 6. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- DEPARTMENT OF ELEMENTARY AND SECONDARY

EDUCATION

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     This act would amend the charter school lottery admission process and would provide for

a detailed, weighted lottery process. The weighted lottery would be an “opt-out” process whereby

parents or guardians could notify the school district that their student attends or the department of

education that they do not wish their student to be part of the weighted lottery process. The act

would allow exceptions to be made from the weighted lottery process for certain charter schools

created with the purpose of offering specialized training and education in specific fields of study

or targeting at-risk groups, as approved by the commissioner.

     This act would take effect upon passage.

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