2025 -- H 5600

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LC002058

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO EDUCATION -- ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS

     Introduced By: Representatives Messier, Alzate, Furtado, Kazarian, and Casimiro

     Date Introduced: February 26, 2025

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-77-3.1 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]" is 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; and

     (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

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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 (½) 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. 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.

     (e) Charter public schools, 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.

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

of this section, shall be exempt from subsection (d) of this section and shall not require local, written

support under subsection (d) for any proposed expansion or charter renewal.

     (g) 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.

     (h) After denying, or prior to non-renewing or revoking a charter, the department of

elementary and secondary education shall hold a hearing on the issues in controversy under § 16-

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39-1.

     (i) The establishment of new charter public schools shall be contingent upon state approval

and appropriation.

     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 -- ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS

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     This act would amend provisions related to the legislative purpose for alternatives within

the public school system.

     This act would take effect upon passage.

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