2021 -- S 0013

========

LC000433

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO EDUCATION

     Introduced By: Senators Goodwin, Ruggerio, McCaffrey, Gallo, Cano, Pearson, Bell,
Goldin, Mack, and Coyne

     Date Introduced: January 12, 2021

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 16-77-3.1 and 16-77-5.1 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:

     16-77-3.1. 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 § 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. § 6101,

et seq., title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., title IX of the educational

amendments of 1972, 20 U.S.C. § 1681, et seq., § 794 of title 29, and part B of the Individuals With

Disabilities Education Act, 20 U.S.C. § 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 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

LC000433 - Page 2 of 13

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 Rhode Island department of education and in

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.

     (h) The council on elementary and secondary education shall not grant preliminary

approval or final approval for the creation or expansion of any district charter school, independent

charter school or mayoral academy charter school to begin operation in the 2021-2022, 2022-2023,

or 2023-2024 school years.

     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.

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

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.

LC000433 - Page 3 of 13

     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.

     (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. The state shall not approve or appropriate funding to any new charter school or

to expand an existing charter school that had not been approved by the council on elementary and

secondary education prior to July 1, 2020, for the fiscal year 2021-2022, fiscal year 2022-2023, or

fiscal year 2023-2024.

     SECTION 2. Section 16-77.2-2 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:

     16-77.2-2. 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;

LC000433 - Page 4 of 13

     (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 Rhode Island and federal law as employees and

LC000433 - Page 5 of 13

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

LC000433 - Page 6 of 13

     (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.

     (e) The council on elementary and secondary education shall not grant preliminary

approval or final approval for the creation or expansion of any district charter school to begin

operation in the 2021-2022, 2022-2023, or 2023-2024 school years.

     SECTION 3. Section 16-77.3-2 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:

     16-77.3-2. Procedure for creation and expansion of independent charter schools.

     (a) Any persons or entities eligible to establish an independent charter public school may

submit a proposed charter, or an amendment to a charter for an expansion, to the commissioner.

For purposes of this chapter, "expansion" shall be an increase in total enrollment; an increase in the

grade levels previously authorized in the charter, or the addition of a school district to the catchment

area. 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, that 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,

LC000433 - Page 7 of 13

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 council on elementary and

secondary education;

     (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 Rhode Island public

school teachers and administrators. Employment in an independent charter 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 Rhode Island and federal law as employees, and prospective 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

LC000433 - Page 8 of 13

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 that do not conform to the school's charter;

     (16) Provide a copy of the proposed bylaws of the independent charter school; and

     (17) Provide written support from town or city council(s) in the proposed catchment area

if required pursuant to § 16-77-5.1.

     (b) Any nonprofit organization that 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 council on elementary and secondary education,

provide an initial determination to the council on elementary and secondary education, the

commissioner, and the speaker of the house of representatives and the president of the senate

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 council on elementary and secondary education 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 council on elementary and secondary

education, the commissioner, the president of the senate, 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

LC000433 - Page 9 of 13

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 council on elementary and secondary education shall withdraw its approval for

the independent charter school to continue operation.

     (c) The council on elementary and secondary education shall not grant preliminary

approval or final approval for the creation or expansion of any independent charter school to begin

operation in the 2021-2022, 2022-2023, or 2023-2024 school years.

     SECTION 4. Section 16-77.4-2 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:

     16-77.4-2. Procedure for creation and expansion of a mayoral academy.

     (a) Any persons or entities eligible to establish a mayoral academy may submit a proposed

charter, or an amendment to a charter for an expansion, to the commissioner. For purposes of this

chapter, "expansion" shall be an increase in total enrollment; an increase in the grade levels

previously authorized in the charter; or the addition of a school district to the catchment area. 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, that 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 council on elementary and secondary

LC000433 - Page 10 of 13

education;

     (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

LC000433 - Page 11 of 13

decisions of the governing board of the mayoral academy that do not conform to the mayoral

academy's charter;

     (17) Provide a copy of the proposed bylaws of the mayoral academy; and

     (18) Provide written support from the town or city council(s) in the proposed catchment

area if required pursuant to § 16-77-5.1.

     (b) The council on elementary and secondary education shall not grant preliminary

approval or final approval for the creation or expansion of any mayoral academy charter school to

begin operation in the 2021-2022, 2022-2023, or 2023-2024 school years.

     SECTION 5. This act shall take effect upon passage.

========

LC000433

========

LC000433 - Page 12 of 13

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION

***

     This act would provide that the council on elementary and secondary education would not

grant preliminary or final approval for the creation or expansion of any district, independent, or

mayoral academy charter school to begin operation in the 2021-2022, 2022-2023, or 2023-2024

school years. The act would also provide that the state would not approve or appropriate funding

to any new charter school or expand an existing charter school that had not been approved by the

council prior to July 1, 2020, for the fiscal years 2021-2022, 2022-2023, and 2023-2024.

     This act would take effect upon passage.

========

LC000433

========

LC000433 - Page 13 of 13