2012 -- H 7201

=======

LC00516

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO EDUCATION - MAYORAL ACADEMIES

     Introduced By: Representatives Savage, San Bento, DaSilva, Ajello, and Blazejewski

     Date Introduced: January 19, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 16-77.4-2 and 16-77.4-7 of the General Laws in Chapter 16-77.4

1-2

entitled "Mayoral Academies" are hereby amended to read as follows:

1-3

     16-77.4-2. Procedure for creation of a mayoral academy. -- (a) Any persons or entities

1-4

eligible to establish a mayoral academy may submit a proposed charter to the commissioner. The

1-5

proposed charter shall:

1-6

      (1) Be submitted to the commissioner no later than December 1st of the school year

1-7

before the school year in which the mayoral academy is to be established;

1-8

      (2) Describe a plan for education, including the mission, objective, method of providing

1-9

a basic education, measurable student academic goals that the mayoral academy will meet, and

1-10

process for improving student learning and fulfilling the charter and fulfilling state and national

1-11

educational goals and standards;

1-12

      (3) Provide a minimum of one hundred eighty (180) days of instruction to students per

1-13

year;

1-14

      (4) Indicate performance criteria that will be used to measure student learning and to

1-15

comply with the charter, state, and national educational goals and standards;

1-16

      (5) Include an agreement to provide a yearly report to parents, the community, the school

1-17

committee of the sending districts, and the commissioner, which indicates the progress made by

1-18

the mayoral academy during the previous year in meeting the charter objectives;

1-19

      (6) Present a plan for the governance, administration, and operation of the mayoral

1-20

academy, including the manner in which the governing board of the school will be chosen, the

2-1

nature and extent of parental, professional educator, and community involvement in the

2-2

governance and operation of the mayoral academy, and the means of ensuring accountability to

2-3

the commissioner, the sending school district(s), and the board of regents;

2-4

      (7) Identify the building that will house the mayoral academy and from whom and under

2-5

what terms and conditions it is to be provided;

2-6

      (8) Describe what support services will be provided by the sending school district(s) and

2-7

under what terms and conditions those services are to be provided, and describe what support

2-8

services the mayoral academy will obtain directly from third parties and, to the extent known,

2-9

under what terms and conditions those services are to be provided;

2-10

      (9) Explain the procedures that will be followed to ensure the health and safety of pupils

2-11

and staff;

2-12

      (10) Describe enrollment procedures including the permissible criteria for admission in

2-13

accordance with applicable state and federal law, along with a policy or policies that outline

2-14

outreach and recruitment programs to encourage the enrollment of a diverse student population;

2-15

      (11) Explain the student discipline procedures;

2-16

      (12) Explain the relationship that will exist between the proposed mayoral academy and

2-17

its employees, including the terms and conditions of employment and the qualifications that the

2-18

employees must meet. Teachers and administrators in mayoral academies must be certified

2-19

pursuant to state law and regulation.;

2-20

      (13) Each mayoral academy established pursuant to this chapter may, by written notice

2-21

to the commissioner of elementary and secondary education, elect to have this subsection shall

2-22

apply (or not apply) the following to its teachers, administrators, and employees:

2-23

      (i) Teachers and administrators in a mayoral academy shall be entitled to prevailing

2-24

wages and benefits as enjoyed by other public school teachers and administrators;

2-25

      (ii) (i) Teachers and administrators in a mayoral academy shall be entitled to participate

2-26

in the state teachers' retirement system under chapter 8 of title 36;

2-27

      (iii) (ii) Employment in a mayoral academy shall be considered "service" as that term is

2-28

defined in chapter 16 of this title.

2-29

     (14) Each mayoral academy established pursuant to this chapter may by written notice to

2-30

the commissioner of elementary and secondary education, elect to have this subsection apply (or

2-31

not apply) to its teachers, administrators, and employees:

2-32

     (i) Teachers and administrators in a mayoral academy shall be entitled to prevailing

2-33

wages and benefits as enjoyed by other public school teachers and administrators.

3-34

      (14) (15) Identify with particularity the state laws, state regulations, and school district

3-35

rules from which variances are sought in order to facilitate operation of the mayoral academy.

3-36

Explain the reasons for each variance and the alternative method by which the concern that gave

3-37

rise to the regulation or provision will be addressed;

3-38

      (15) (16) Provide a financial plan including a proposed budget for the term of the

3-39

charter, and an annual audit of the financial and administrative operations of the mayoral

3-40

academy, and the manner in which the funds allocated to the mayoral academy will be managed

3-41

and disbursed;

3-42

      (16) (17) Provide procedures by which teaching personnel and parents can legally

3-43

challenge decisions of the governing board of the mayoral academy which do not conform to the

3-44

mayoral academy's charter; and

3-45

      (17) (18) Provide a copy of the proposed bylaws of the mayoral academy.

3-46

     SECTION 2. Section 16-77.4-7 of the General Laws in Chapter 16-77.4 entitled

3-47

"Mayoral Academies" is hereby amended to read as follows:

3-48

     16-77.4-7. Portions of title 16 applicable to mayoral academies. -- The following

3-49

provisions of this title shall be binding on mayoral academies and may not be waived by the

3-50

commissioner under section 16-77.4-3:

3-51

      (1) Section 16-2-2 (minimum length of school year);

3-52

      (2) Section 16-2-17 (right to a safe school);

3-53

      (3) Section 16-8-10 (federal funds for school lunch);

3-54

      (4) Section 16-11-1 (certification of public school teachers);

3-55

      (5) Section 16-12-3 (duty to cultivate principles of morality);

3-56

      (6) Section 16-12-10 (immunity for report of suspected substance abuse);

3-57

      (7) Chapter 16-16 (teachers’ retirement)

3-58

      (7)(8) Section 16-19-1 (compulsory attendance);

3-59

      (8)(9) Section 16-20-1 (school holidays enumerated);

3-60

      (9)(10) Sections 16-21-3 and 16-21-4 (fire safety);

3-61

      (10)(11) Sections 16-21-10, 16-21-14, and 16-21-16 (health screenings);

3-62

      (11)(12) Section 16-22-9 (uniform testing);

3-63

      (12)(13) Section 16-24-2 (regulations of state board);

3-64

      (13)(14) Section 16-38-1 (discrimination because of race or age);

3-65

      (14)(15) Section 16-38-1.1 (discrimination because of sex);

3-66

      (15)(16) Section 16-38-2 (immunizations);

3-67

      (16)(17) Section 16-38-4 (exclusive club);

4-68

      (17)(18) Section 16-38-6 (commercial activities prohibited);

4-69

      (18)(19) Section 16-38-9 (misconduct of school officers);

4-70

      (19)(20) Section 16-38-10 (power of officials to visit schools);

4-71

      (20)(21) Section 16-39-1 (appeal of matters of dispute to commissioner);

4-72

      (21)(22) Section 16-39-2 (appeal of school committee actions to commissioner);

4-73

      (22)(23) Section 16-39-3 (appeal to state board);

4-74

      (23)(24) Section 16-39-3.1 (enforcement of final decision);

4-75

      (24)(25) Section 16-39-3.2 (interim protective orders);

4-76

      (25)(26) Section 16-39-8 (subpoena power of commissioner);

4-77

      (26)(27) Section 16-40-16 (student records);

4-78

      (27)(28) Section 16-71-1 (Educational Record Bill of Rights Act);

4-79

      (28)(29) Section 16-21-21.1 (Penalties for drug, alcohol or weapons offenses);

4-80

      (29)(30) Chapter 16-21.5 (Student interrogations).

4-81

     SECTION 3. This act shall take effect upon passage.

=======

LC00516

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - MAYORAL ACADEMIES

***

5-1

     This act would require that teachers, administrators and employees of mayoral academies

5-2

participate in state teachers’ retirement system.

5-3

     This act would take effect upon passage.

=======

LC00516

=======