2013 -- H 5759

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LC01525

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION - DISTRICT CHARTER SCHOOL

     Introduced By: Representatives Carnevale, DeSimone, Slater, Palangio, and O'Brien

     Date Introduced: February 28, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-77.2-1 and 16-77.2-2 of the General Laws in Chapter 16-77.2

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entitled "District Charter School" are hereby amended to read as follows:

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     16-77.2-1. Entities eligible to apply to become district charter schools. -- (a) Persons

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or entities eligible to submit an application to establish a district charter school shall be limited to:

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      (1) Existing public schools;

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      (2) Groups of public school personnel;

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      (3) Public school districts; or

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      (4) A group of school districts.

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      (b) No existing public school shall be converted into a district charter school unless a

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majority of the parents and/or guardians of the students currently assigned to the school and two-

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thirds (2/3) of the certified teaching personnel currently assigned to the school approve the

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proposed charter, as provided in section 16-77.2-2.

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      (c) School professionals employed by a local or regional school committee or the State

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of Rhode Island shall be entitled to a two (2) year leave of absence, without compensation, in

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order to be employed in a district charter school, provided this leave shall be extended upon

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request for an additional two (2) years. At any time during or upon completion of this leave of

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absence, a school professional may return to work in the school district in the position in which

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he or she was previously employed or a comparable position. This leave of absence shall not be

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deemed to be an interruption of service for purposes of seniority and teachers' retirement.

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      (d) No child shall be required to attend a district charter school nor shall any teacher be

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required to teach in a district charter school. The school committee shall make accommodations

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to facilitate the transfer of students who do not wish to participate in the district charter school

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into other public schools. It shall also make accommodations for those students who wish to

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participate to transfer into the district charter school as space permits. If the total number of

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students who are eligible to attend and apply to a district charter school is greater than the number

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of spaces available, the charter school shall conduct a lottery to determine which students shall be

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admitted. The lottery may occur in stages based on the school's selection criteria, including, if

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appropriate, identification of a student attendance zone as defined in the school's charter

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application.

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     16-77.2-2. Procedure for creation of district charter schools. -- (a) Any persons or

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entities eligible to establish a district charter school may submit a proposed charter to the

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commissioner and the school committee of the district where the district charter school is to be

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located. The proposed charter shall:

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      (1) Be submitted to the commissioner and to the school committee of the district where

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the district charter school is to be located no later than December 1st of the school year before the

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school year in which the district charter school is to be established;

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

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a basic education, measurable student academic goals that the district charter school will meet,

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

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national educational goals and standards;

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

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year;

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

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

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

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committee of the district where the district charter school is to be located, and the commissioner,

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which indicates the progress made by the district charter school during the previous year in

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meeting the charter objectives;

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

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

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

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governance and operation of the district charter school, and the means of ensuring accountability

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to the commissioner, the school district of the district where the district charter school is to be

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located, and the board of regents;

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      (7) Identify the building that will house the district charter school and from whom and

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under what terms and conditions it is to be provided;

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

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

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district charter school will obtain directly from third-parties and, to the extent known, under what

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terms and conditions those services are to be provided;

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

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and staff;

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

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

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

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the school plans to operate as a neighborhood school, it shall describe the geographic student

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attendance zone, and the role of neighborhood residence, in the lottery admission and enrollment

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process;

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      (11) Explain the student discipline procedures;

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      (12) Explain the relationship that will exist between the proposed district charter school

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

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the employees must meet. Teachers and administrators in district charter schools must be certified

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pursuant to state law and regulation. Teachers and administrators in district charter schools shall

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be entitled to prevailing wages and benefits as enjoyed by other public school teachers and

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administrators within the school district where the district charter school is to be located and to

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the state teachers' retirement system under chapter 8 of title 36. Employment in a district charter

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school shall be considered "service" as that term is defined in chapter 16 of this title. All

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employees and prospective employees of a district charter school shall be deemed to be public

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school employees, having the same rights, including retirement, under Rhode Island and federal

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law as employees and prospective employees at a non-chartered public school.

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      (13) Identify with particularity the state statutes, state regulations, and school district

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rules from which variances are sought in order to facilitate operation of the district charter school.

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

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rise to the regulation or provision will be addressed;

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      (14) The proposed charter shall set forth those provisions of the collective bargaining

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agreement which will not be applicable to that district charter school subject to agreement by the

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parties to the collectively bargaining agreement;

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      (15) Provide a financial plan including a proposed budget for the term of the charter, and

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an annual audit of the financial and administrative operations of the district charter school, and

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the manner in which the funds allocated to the district charter school will be managed and

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disbursed;

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

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decisions of the governing board of the school which do not conform to the school's charter; and

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      (17) Provide a copy of the proposed bylaws of the district charter school.

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      (b) In those instances where a charter is being sought for an existing public school, the

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proposed charter must receive the affirmative votes of two-thirds (2/3) of the teachers assigned to

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the school prior to implementation. If approved by the faculty, the proposed charter shall be voted

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on by the parents or legal guardians of each student assigned to the school, with one vote being

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cast for each student. To be adopted by the parents, the proposed charter must receive the

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affirmative votes of parents or legal guardians representing a majority of all the students assigned

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to the school.

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      (c) In those instances where a charter is being sought for a newly created district charter

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school, the proposed charter must receive the affirmative support of a number of certified

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teachers employed within the school district where the district charter school is to be located at

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least equal to two-thirds (2/3) of the number of teachers that will be required to staff the proposed

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district charter school. The teachers who affirmatively support the proposed charter must state

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their desire to transfer to the district charter school, once established, and to teach under the terms

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of the charter. To demonstrate parental support within the school district, the charter must receive

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the affirmative support of parents or legal guardians representing a number of students currently

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enrolled in the school district equal to at least one-half (1/2) of the number of students who would

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be needed to attend the proposed district charter school. The parents or guardians must state their

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desire to have their children transfer to the district charter school, once established, and to be

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educated under the terms of the charter. The charter may then be presented by the commissioner

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to the board of regents for its approval. The charter shall set forth those provisions of state statute,

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regulation, and school district rules which will not be applicable to that district charter school

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      (d) By approval of the charter upon the recommendation of the commissioner, the board

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of regents will be deemed to have authorized all necessary variances from law and regulation

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enumerated in the charter. Should the need for relief from the operation of additional provisions

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of law and/or contract become apparent subsequent to implementation of the charter, a variance

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may be obtained by an affirmative vote of two-thirds (2/3) of the teachers then assigned to the

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school, agreement by all parties to the collective bargaining agreement and by an affirmative vote

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of the board of regents upon a recommendation of the commissioner.

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     SECTION 2. 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 - DISTRICT CHARTER SCHOOL

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     This act would authorize the lotteries for student selection into district charter schools to

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occur in stages. This act would also require, if the school plans to operate as a neighborhood

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school, to describe the geographic student attendance zone.

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     This act would take effect upon passage.

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