Introduced By: Representatives Benoit, Burlingame, Costantino, Watson and Cicilline
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 16-77-8 of the General Laws in Chapter 16-77 entitled "Establishment of Charter Public Schools" is hereby amended to read as follows:
16-77-8. Oversight by commissioner. -- (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 of elementary and secondary education who shall hear and decide the issue pursuant to sections 16-39-1 and 16-39-2.
(b) Charter school approval for establishment or continuation shall be for up to 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 nonrenewing or revoking a charter, the department of elementary and secondary education will hold a hearing on the issues in controversy under section 16-39-1.
(d) No more than {DEL ten (10) DEL} {ADD twenty (20) ADD}
charters, serving no more than {DEL two percent (2%) DEL}
{ADD four percent (4%) ADD} of the state's school age population,
shall be granted {ADD . ADD} {DEL 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. DEL}
At least ten (10) of the twenty (20) total charters shall be reserved
for charter school applications which are designed to increase
the educational opportunities for at-risk pupils. {DEL In the
first year, no DEL} {ADD No ADD} 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.
SECTION 2. Chapter 77.1 of Title 16 entitled "Funding of Charter Public Schools" is hereby amended by adding thereto the following sections:
{ADD 16-77.1-1. Statement of purpose. -- ADD} {ADD The purpose of this chapter is to provide a funding mechanism through which costs for charter public schools will be shared between the state and the local school districts sending students to a charter public school. ADD}
{ADD 16-77.1-2. Operating costs -- ADD} {ADD Operating costs of a charter public school shall be the total of the per pupil payments for each student attending the charter public school. The per pupil payment for each student shall be determined based on the per pupil cost for the district of residence of each student. The state's share of the per pupil amount for each student attending the charter public school shall be paid by the state directly to the charter public school and shall be the percent, or share ratio, previously calculated under chapter 7 of title 16 minus the five percent (5%) of per pupil cost designated for indirect cost support to the student's school district as defined in subsection (a). The five percent (5%) indirect cost amount shall be deducted from the district per pupil cost before the state share is derived by applying the share ratio to the district per pupil cost. The local share of the per pupil amount for each student attending the charter public school shall be paid to the charter public school by the district of residence of the student and shall be the per pupil cost for the district of residence of the student minus the state share of that per pupil cost as designated herein. ADD}
{ADD (a) State aid for indirect cost. In addition to all state aid to education paid to a local district pursuant to chapter 7.1 of title 16, the state will pay an additional amount to the district for each student from such district who is attending a charter public school. Such additional amount of state aid per pupil shall be five percent (5%) of the districts per pupil cost. Such additional state aid shall be for the purpose of assisting local school districts to undertake the indirect costs borne by a district when its student attends a charter public school. ADD}
{ADD (b) Determination of state and local share by department of elementary and secondary education. The state department of elementary and secondary education shall annually determine both the state and local share of each charter public school's operating cost by deriving the respective shares associated with each student enrolled in the charter public school as of October 1 of the prior school year (or as of October 1 of the current school year in the first year of operation of a charter school). All other data used in this determination shall be based upon the reference year as defined in section 16-7-16(10). ADD}
{ADD (c) Schedule of state payments. The state shall make payments of its share of operating cost to each charter public school on a quarterly basis in July, October, January and April. The July and October payments will be based upon the reported student enrollment of the charter public school as of October 1 of the prior school year (or as of October 1 of the current school year in the first year of operation of a charter school). Charter public schools will report current student enrollment, including district of residence for school purposes of each student enrolled, and each district will report current total district operating expenses and total district enrollments (including district students enrolled in charter public schools) annually by October 1. If the October 1 data on a charter public school's student enrollment show a ten percent (10%) or greater increase or decrease in student enrollment from the preceding October 1, the third and fourth quarter payments to the charter public school will be adjusted to reflect actual student enrollment in the charter public school. ADD}
{ADD (d) Schedule of local district payments. Local district payments to charter public schools for each district's students enrolled in the charter public school shall also be made quarterly as designated in subsection (c) above, however, the first local district payment shall be made by August 15 instead of July. Any local school district more than thirty (30) days in arrears on a quarterly payment for its student(s) enrolled in a charter public school shall have the amount of the arrearage deducted from state aid to such district and the withheld arrearage shall be paid by the state directly to the charter public school. ADD}
{ADD (e) Calculation of state aid under chapter 7.1 of title 16. Local school districts with student(s) enrolled in a charter public school shall continue to report these students in the total census of district public school students and will receive state aid for all such students pursuant to the provisions of chapter 7.1 of title 16. ADD}
{ADD (f) Reduction of entitlements. All entitlements except those provided for in section 16-24-6.2 shall be ratably reduced if less than one hundred percent (100%) of the expenditures is appropriated. ADD}
{ADD 16-77.1-3. Federal funds for charter public schools start up costs. -- ADD} {ADD Charter public schools may apply for federal funds to support start up costs. Charter public schools shall become eligible to apply for such funds upon approval of the charter public school's application by the board of regents for elementary and secondary education. Federal funds shall be distributed to charter public schools by the department of elementary and secondary education through a process which requires each charter public school seeking such funds to submit a grant application to the department of elementary and secondary education. The grant application process shall be established and implemented by the Rhode Island department of elementary and secondary education. Grants of federal funds for start up costs shall not exceed one hundred and fifty thousand dollars ($150,000) for a single charter public school. ADD}
{ADD 16-77.1-4. State funds for charter public schools start up costs. -- ADD} {ADD In the event that federal funds are either unavailable or are fully expended there shall be established a system of interest free loans for start up costs for charter public schools to be provided from an appropriation of state funds designated by the legislature for this purpose. Such loans shall not exceed one hundred and fifty thousand dollars ($150,000) for a single charter public school and any such loan of state funds shall be repaid in equal monthly installments over no more than five (5) years. Such state funds shall be distributed to charter public schools by the department of elementary and secondary education through a process which requires each charter public school seeking such funds to submit a loan application to the department of elementary and secondary education. ADD}
{ADD 16-77.1-5. Facilities support for charter public schools. -- ADD} {ADD A public school district or districts may access state aid for reimbursement of school housing costs for district sponsored charter public schools pursuant to section 35 to 47 of chapter 7 of title 16. Public charter schools not sponsored by a public school district or districts may apply for thirty percent (30%) reimbursement of school housing cost on the basis of demonstrated need. The Rhode Island department of elementary and secondary education shall promulgate regulations to implement this section consistent with the purposes and procedures of the existing school housing aid program pursuant to R.I.G.L. 16-7-35 to 16-7-47. For purposes of this section only, facilities support, the urban collaborative accelerated program will be defined as a charter school. ADD}
{ADD 16-77.1-6. Charter public schools eligible for funding. -- ADD} {ADD For purposes of this chapter a charter public school shall be all schools as defined in chapter 77 of title 16 and shall also include the Textron Chamber of Commerce Academy and the Times 2 Academy. ADD}
{ADD 16-77.1-7. Regulations. -- ADD} {ADD In addition to those regulations specifically required by R.I.G.L. 16-77.1-5, the Rhode Island department of elementary and secondary education shall promulgate such additional regulations as are necessary to implement the purposes of this chapter. ADD}
SECTION 3. This act shall take effect July 1, 1999.
