It is enacted by the General Assembly as follows:

SECTION 1. Title 16 of the general laws entitled "Education" is hereby amended by adding thereto the following chapter:

{ADD 16-77-1. Short title. -- ADD} {ADD This chapter shall be known and may be cited as the "Charter Public School Act of Rhode Island". ADD}

{ADD 16-77-2. Legislative purpose. -- ADD} {ADD The purpose of the chapter is to provide an alternative within the public education system by offering opportunities for existing public schools, groups of public school personnel, and school districts to establish and maintain a public school program according to the terms of its charter.

Charter public schools are intended to be vanguards, laboratories, and an expression of the on-going and vital state interest in the improvement of schools. 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 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 herein and to advance a renewed commitment by the state to the mission, goals, and diversity of public education.

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 but within the existing public school district structure, 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 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; and

(7) Encourage parental and community involvement with public schools. ADD}

{ADD 16-77-3. Commissioner of elementary and secondary education and local school committee authorized to recommend the granting of a charter. -- ADD} {ADD (a) The commissioner of elementary and secondary education and/or the school committee where the charter public school is to be located are hereby authorized in response to an application to recommend to the board of regents the granting of a revocable charter authorizing operation of a charter public school for up to five (5) years, subject to renewal for additional five (5) year periods.

(b) Charters shall be granted only to:

(1) existing public schools; or

(2) groups of public school personnel; or

(3) public school districts.

(c) No existing public school shall be converted into a charter public school unless a majority of the parents and/or guardians of the students currently assigned to said school and two-thirds (2/3) of the certified teaching personnel currently assigned to said school approve the proposed charter, as provided in section 16-77-4.1.

(d) Each proposed charter for a newly created public school must demonstrate to the school committee, to the commissioner and to the board of regents in the application that there are a number of certified teaching personnel equal to at least two-thirds (2/3) of the number of such personnel that will be required to staff the proposed school who desire to participate in it and a number of parents of eligible children equal to at least one-half (1/2) of the number of students that would attend the proposed school who desire to have their children participate in it, as provided in section 16-77-4.2.

(e) No child shall be required to attend a charter public school nor shall any teacher be required to teach in a charter public school. The school committee shall make accommodations to facilitate the transfer students who do not wish to participate in the charter public school into other public schools. It shall also make accommodations for those students who wish to participate to transfer into the charter public school as space permits. The school committee and the collective bargaining agent for teachers in the school district shall make accommodations to facilitate the transfer of teaching staff who do not wish to participate in the charter public school into other public schools, and to facilitate the transfer of those who wish to participate into the charter public school.

(f) The commissioner is hereby empowered to promulgate rules and regulations consistent with this chapter, in conformance with chapter 42-35 of the general laws, for the creation and operation of charter public schools. ADD}

{ADD 16-77-4. Procedure for creation of charter schools. -- ADD} {ADD (a) Any group eligible to establish a charter public school may apply to the commissioner of elementary and secondary education, and the school committee of the district.

(b) The commissioner of education may recommend to the board of regents the granting of a charter for a public school upon receiving a completed application which contains all of the information which he deems necessary to fully address the following issues. Said application shall:

(1) Be submitted to the commissioner and to the local school committee by not later than December 1 of the school year before the school year in which the charter public school is to be established;

(2) Describe a plan for education, including the mission, objective, method of providing a basic education, 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 local school committee, and the commissioner of education, which indicates the progress made by the charter public school during the previous year in meeting the charter objectives;

(6) Present a plan for the governance, administration and operation of the charter public 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 charter public school, and the means of ensuring accountability to the commissioner of education, the local school district, and the board of regents;

(7) Identify the building that will house the charter public 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 charter public 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 non-discriminatory criteria for admission in accordance with applicable state and federal law, along with a program to encourage the enrollment of a diverse student population. The makeup of the charter public school must be reflective of the student population of the district, including but not limited to special education children, children at risk, children eligible for free or reduced cost lunch, and limited English proficient students. No charter shall be authorized for a school with a student population that does not include students eligible for free or reduced cost lunch, students with limited English proficiency, and special education students in a combined percentage which is at least equal to the combined percentage of those student populations enrolled in the school district as a whole; (11) Explain the student discipline procedures;

(12) Explain the relationship that will exist between the proposed charter public school and its employees, including the terms and conditions of employment and the qualifications that said employees must meet. Teachers and administrators in charter public schools must be certified pursuant to state law and regulation. Teachers and administrators in charter public schools shall remain employees of the school district for purposes of salary, financial benefits, and pension eligibility. Teachers at the charter public school shall remain members of the collective bargaining unit for teachers in the school district, and shall have access to the grievance and dispute resolution procedures set forth in the collective bargaining agreement with the district;

(13) Identify with particularity the state statutes and state regulations, school district rules, and the provisions of the collective bargaining agreement for teaching personnel from which variances are sought in order to facilitate operation of the charter public school. Explain the reasons for each such 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 an annual audit of the financial and administrative operations of the charter public school, and the manner in which the funds allocated to the charter public 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 which do not conform to the school's charter; and

(16) Provide a copy of the proposed by-laws of the charter public school. ADD}

{ADD 16-77-4.1. Establishing a charter public school at an existing school. -- ADD} {ADD In those instances where a charter is being sought for an existing public school, the charter must receive the affirmative votes of two-thirds (2/3) of the teachers assigned to the school prior to implementation. If so approved by the faculty, the 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 such student. To be adopted by the parents, the charter must receive the affirmative votes of parents or legal guardians representing a majority of all the students assigned to the school. Said 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 and regulation, of school district rules, and of the collective bargaining agreement which will not be applicable to that charter public school. By two-thirds (2/3) vote of the teachers as provided for herein, said teachers will be deemed to have given their consent to the variances from those provisions of law and/or of contract enumerated in the charter. By approval of the charter upon the recommendation of the commissioner of education, 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, such a variance may be obtained by an affirmative vote of two-thirds (2/3) of the teachers then assigned to said school and by an affirmative vote of the board of regents upon a recommendation of the commissioner of education. ADD}

{ADD 16-77-4.2. Establishing a charter public school at a newly created school. -- ADD} {ADD In those instances where a charter is being sought for a newly created public school, the charter must receive the affirmative support of a number of certified teachers employed within the school district at least equal to two-thirds (2/3) of the numbers of teachers that will be required to staff the proposed charter public school. Said teachers must state their desire to transfer to the charter public 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 charter public school. Said parents or guardians must state their desire to have their children transfer to the charter public school, once established, and to be educated under the terms of the charter. Said 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 and regulation, of school district rule, and of the collective bargaining agreement which will not be applicable to that charter public school. By two-thirds (2/3) vote of the teachers as provided for herein, said teachers will be deemed to have given their consent to the variances from those provisions of law and/or of contract enumerated in the charter. By approval of the charter upon the recommendation of the commissioner of education, 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, such a variance may be obtained by an affirmative vote of two-thirds (2/3) of the teachers then assigned to said school and by an affirmative vote of the board of regents upon a recommendation of the commissioner of education. ADD}

{ADD 16-77-5. Process for consideration of proposed charter. -- ADD} {ADD (a) If the commissioner of education or the local school committee finds the application to be incomplete, further information may be requested and required.The commissioner shall develop regulations for amending an approved charter, consistent with the provisions of this chapter.

(b) After having received a satisfactory application, the commissioner of education and the local school committee will provide for a public comment period of not less than sixty (60) days, during which they will hold at least two (2) public hearings on the application. These hearings will be held in the district where the proposed charter school is to be located. Any person may file with the committee and/or the commissioner comments, recommendations and/or objections relevant to the granting of a charter.

(c) A copy of the completed application for a charter public school shall be provided to the collective bargaining agent for the teachers in that school district at the time that it is filed with the school committee and the commissioner. The teachers through their collective bargaining agent shall be afforded the opportunity to present their analysis of and recommendations regarding the proposed charter to the school committee, the commissioner, and the board of regents prior to any determination by those entities. If the teachers' union objects to the proposed charter or to any provision thereof, it shall set forth the reasons for those objections in detail. Any such objections and recommendations shall be considered and responded to by the school committee and the commissioner before making any recommendation to the board of regents, and by the board of regents prior to its determination.

(d) The commissioner and the local school committee will each decide on whether or not to recommend the granting of said charter within ninety (90) days after the conclusion of the public comment period.

(e) If the commissioner of elementary and secondary education or the local school committee recommend the granting of the charter public school petition, the matter shall be referred to the board of regents for a decision on whether or not to grant a charter. Notice of the granting or denial of the application will be supplied. The decision of the board of regents, complete with reasons and conditions, shall be made available to the public and to the applicant.

(f) The commissioner, with the approval of the board of regents for elementary and secondary education, may grant a variance to any provision of title 16 other than those enumerated in section 16-77-11 of this chapter and to any department of education regulation and to any school district regulation which does not affect the health and safety or civil rights of pupils in charter public schools.

(g) All charter applications shall be matters of public record and will be provided to members of the public upon request. ADD}

{ADD 16-77-6. Budgets and funding. -- ADD} {ADD (a) It is the intent of the general assembly that funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive to the establishment of a charter school. Funding for each charter public school shall consist of state revenue and municipal or district revenue in the same proportions that funding is provided for other schools within the school district in which the charter public school is located.

(b) The amount of funding which shall be allocated to the charter public school by the school district shall be equal to a percentage of the total budgeted expenses of the district which is determined by dividing the number of students enrolled in the charter public school by the total resident average daily number of students in the school district.

(c) Funding additional to that authorized from the school district by subsection (b) may be allocated to the charter public school from the school district to the extent that the combined percentage of students eligible for free or reduced cost lunch, students with limited English proficiency, and students requiring special education exceed the combined percentage of those students in the school district as a whole. The commissioner shall promulgate rules and regulations consistent with the section regarding the allocation of funds from school districts to charter public schools within those districts.

(d) All services centrally or otherwise provided by the school district in which the charter public school is located which the charter public school decides to utilize including, but not limited to, transportation, food services, custodial services, maintenance, curriculum, media services, libraries, nursing and warehousing shall be subject to negotiation between a charter public school and the local school district and paid for out of the revenues of the charter school. Disputes with regard to cost of services requested from local districts will be adjudicated by the commissioner of education.

(e) A charter public school shall be eligible to receive other aids, grants, medicaid revenue and other revenue according to Rhode Island law, as though it were a school district. Federal aid received by the state shall be used to benefit students in the charter public school, if the school qualifies for the aid, as though it were a school district.

(f) A charter public school may negotiate and contract directly with third parties for the purchase of books, instructional materials, and any other goods and services which are not being provided by the school district pursuant to the charter. ADD}

{ADD 16-77-7. Immunity and liability. -- ADD} {ADD (a) Charter public schools have the same immunity possessed by school districts to suit as limited by section 9-31-1, et seq. If a school district generally indemnifies its teaching personnel, it shall similarly indemnify the teaching personnel of a charter public school within that district. A charter public school shall have the authority to indemnify its employees to the extent that they are not already indemnified by the school district. ADD}

{ADD 16-77-8. Oversight by commissioner. -- ADD} {ADD (a) Individuals or groups may complain to a charter 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 Rhode Island general laws sections 16-39-1 and 16-39-2.

(b) Charter school approval for establishment or continuation shall be for a five (5) year period. In either case, board of regents approval is required. 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; or

(4) violates provisions of law that have not been granted variance by the board of regents.

(c) After denying or prior to non-renewing or revoking a charter, the department of education will hold a hearing on the issues in controversy under section 16-39-1.

(d) No more than ten (10) charters, serving no more than two percent (2%) of the state's school age population, shall be granted prior to July 1, 1996, and an additional ten (10) charters, serving no more than four percent (4%) of the state's school age population, by July 1, 1997. At least ten (10) of said twenty (20) total charters shall be reserved for charter school applications which are designed to increase the educational opportunities for at-risk pupils. In the first year, no more than two (2) charters may be granted in a single school district, except that if a district has more than twenty thousand (20,000) students then four (4) charters may be granted. ADD}

{ADD 16-77-9. Additional standards. -- ADD} {ADD (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 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 and at-risk pupils.

(d) A charter public school may establish reasonable academic standards as a condition for eligibility for applicants which are in accordance with current state law and practice in existing public schools, and which do not discriminate against otherwise qualified individuals with a disability and which comply fully with section 16-77-4(b)(10).

(e) 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 said 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 and local district regulations for suspensions and/or expulsions, and other public schools may give full faith and credit to that suspension or expulsion.

(f) The governing board of a charter public school shall be subject to the "Open Meetings Law", chapter 42-46 of the general laws. ADD}

{ADD 16-77-10. Applicability of title 16 of the general laws. -- ADD} {ADD The board of regents may grant to charter public schools variances of specific chapters and sections of title 16 except to the extent that these chapters and sections are enumerated in section 16-77-11 of this chapter. ADD}

{ADD 16-77-11. Portions of title 16 applicable to charter schools. -- ADD} {ADD The following provisions of title 16 shall be binding on charter public schools and may not be waived by the commissioner:

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

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

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

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

(7) Chapter 16-13, (teachers' tenure);

(8) Chapter 16-16, (teachers' retirement);

(9) Section 16-19-1, (compulsory attendance);

(10) Section 16-20-1, (school holidays enumerated);

(11) Sections 16-21-3 and 16-21-4, (fire safety);

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

(13) Section 16-22-9, (uniform testing);

(14) Section 16-24-2, (regulations of state board);

(15) Section 16-38-1, (discrimination because of race or age);

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

(17) Section 16-38-2, (immunizations);

(18) Section 16-38-4, (exclusive club);

(19) Section 16-38-6, (commercial activities prohibited);

(20) Section 16-38-9, (misconduct of school officers);

(21) Section 16-38-10, (power of officials to visit schools);

(22) Section 16-39-1, (appeal of matters of dispute to commissioner);

(23) Section 16-39-2, (appeal of school committee actions to commissioner);

(24) Section 16-39-3, (appeal to state board);

(25) Section 16-39-3.1, (enforcement of final decision);

(26) Section 16-39-3.2, (interim protective orders);

(27) Section 16-39-8, (subpoena power of commissioner);

(28) Section 16-40-16, (student records);

(29) Section 16-71-1, (educational record bill of rights act). ADD}

SECTION 2. This act shall take effect upon passage.