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5 | 5 | | 2025 -- H 5600 |
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6 | 6 | | ======== |
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7 | 7 | | LC002058 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO EDUCATION -- ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS |
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16 | 16 | | Introduced By: Representatives Messier, Alzate, Furtado, Kazarian, and Casimiro |
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17 | 17 | | Date Introduced: February 26, 2025 |
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18 | 18 | | Referred To: House Education |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Section 16-77-3.1 of the General Laws in Chapter 16-77 entitled 1 |
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23 | 23 | | "Establishment of Charter Public Schools [See Title 16 Chapter 97 — The Rhode Island Board of 2 |
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24 | 24 | | Education Act]" is hereby amended to read as follows: 3 |
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25 | 25 | | 16-77-3.1. Legislative purpose. 4 |
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26 | 26 | | (a) The purpose of this chapter is to provide an alternative within the public education 5 |
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27 | 27 | | system by offering opportunities for entities identified in § 16-77-2.1 to establish and maintain a 6 |
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28 | 28 | | high performing public school program according to the terms of a charter. The key appeal of the 7 |
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29 | 29 | | charter school concept is its promise of increased accountability for student achievement in 8 |
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30 | 30 | | exchange for increased school autonomy. 9 |
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31 | 31 | | (b) Charter public schools are intended to be vanguards, laboratories, and an expression of 10 |
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32 | 32 | | the on-going and vital state interest in the improvement of education. Notwithstanding the 11 |
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33 | 33 | | provisions of this section or any law to the contrary, a charter school shall be deemed to be a public 12 |
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34 | 34 | | school acting under state law and subject to the Age Discrimination Act of 1975, 42 U.S.C. § 6101, 13 |
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35 | 35 | | et seq., title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., title IX of the educational 14 |
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36 | 36 | | amendments of 1972, 20 U.S.C. § 1681, et seq., § 794 of title 29, and part B of the Individuals With 15 |
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37 | 37 | | Disabilities Education Act, 20 U.S.C. § 1411, et seq. All students and prospective students of a 16 |
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38 | 38 | | charter school shall be deemed to be public school students, having all the same rights under federal 17 |
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39 | 39 | | and Rhode Island law as students and prospective students at a non-chartered public school. These 18 |
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40 | 40 | | charter public schools shall be vehicles for research and development in areas such as curriculum, 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC002058 - Page 2 of 5 |
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44 | 44 | | pedagogy, administration, materials, facilities, governance, parent relations and involvement, 1 |
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45 | 45 | | social development, instructor’s and administrator’s responsibilities, working conditions, student 2 |
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46 | 46 | | performance and fiscal accountability. It is the intent of the general assembly to create within the 3 |
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47 | 47 | | public school system vehicles for innovative learning opportunities to be utilized and evaluated in 4 |
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48 | 48 | | pilot projects. The provisions of this chapter are to be interpreted liberally to support the purposes 5 |
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49 | 49 | | set forth in this chapter and to advance a renewed commitment by the state to the mission, goals, 6 |
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50 | 50 | | and diversity of public education. 7 |
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51 | 51 | | (c) It is the intent of the general assembly to provide opportunities for teachers, parents, 8 |
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52 | 52 | | pupils, and community members to establish and maintain public schools that operate 9 |
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53 | 53 | | independently as a method to accomplish all of the following: 10 |
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54 | 54 | | (1) Improve pupil learning by creating schools with rigorous academic standards in all 11 |
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55 | 55 | | basic areas of instruction for high pupil performance; 12 |
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56 | 56 | | (2) Increase learning opportunities for all pupils, with special emphasis on expanded 13 |
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57 | 57 | | learning experiences for pupils who are identified as educationally disadvantaged and at-risk; 14 |
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58 | 58 | | (3) Encourage the use of innovative teaching methods; 15 |
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59 | 59 | | (4) Create opportunities for teachers, including the opportunity to be responsible for the 16 |
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60 | 60 | | learning program at the school site; and 17 |
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61 | 61 | | (5) Provide parents and pupils with expanded choices in the types of educational 18 |
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62 | 62 | | opportunities that are available within the public school system; 19 |
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63 | 63 | | (6) Hold the schools established under this chapter accountable for meeting publicly 20 |
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64 | 64 | | promulgated, measurable, state and charter-based pupil academic results, and provide the schools 21 |
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65 | 65 | | with a method to implement performance-based and/or other student-based accountability systems, 22 |
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66 | 66 | | while providing a means to restrict the expansion of ineffective charter public schools; and 23 |
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67 | 67 | | (7) Encourage parental and community involvement with public schools. 24 |
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68 | 68 | | (d) No private or parochial schools shall be eligible for charter public school status, nor 25 |
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69 | 69 | | shall a charter public school be affiliated in any way with a sectarian school or religious institution. 26 |
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70 | 70 | | Any charter public school authorized by this chapter shall be nonsectarian and nonreligious in its 27 |
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71 | 71 | | programs, admissions policies, employment practices, and all other operations. The board of 28 |
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72 | 72 | | regents shall not approve a charter to a school whose overall operation or education program is 29 |
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73 | 73 | | managed by a for profit entity. 30 |
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74 | 74 | | (e) The commissioner is empowered to promulgate rules and regulations consistent with 31 |
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75 | 75 | | this chapter, in conformance with chapter 35 of title 42, for the creation and operation of charter 32 |
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76 | 76 | | public schools. These rules and regulations shall set forth the process for rescission of state approval 33 |
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77 | 77 | | of a charter public school, including appropriate protections to ensure the continued provision of 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC002058 - Page 3 of 5 |
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81 | 81 | | education services to the students of the charter public school whose charter is rescinded. 1 |
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82 | 82 | | (f) All charter public schools shall adhere to financial record keeping, reporting, auditing 2 |
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83 | 83 | | requirements, and procedures as required by the Rhode Island department of education and in 3 |
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84 | 84 | | accordance with federal and state laws and regulations. 4 |
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85 | 85 | | (g) No more than thirty-five (35) charters shall be granted. At least one-half (½) of the total 5 |
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86 | 86 | | number of charter public schools in the state shall be reserved for charter school applications which 6 |
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87 | 87 | | are designed to increase the educational opportunities for at-risk pupils. Local, written support shall 7 |
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88 | 88 | | be required for a proposed charter that is a network charter school as defined herein. "Written 8 |
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89 | 89 | | support" means a resolution or ordinance granted by the town or city council for each proposed 9 |
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90 | 90 | | sending district where the council considers the fiscal and educational welfare of the municipality 10 |
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91 | 91 | | and students after at least one public hearing. 11 |
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92 | 92 | | (e) Charter public schools, as defined in § 16-77-2.1, shall be considered a network charter 12 |
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93 | 93 | | school if the charter public school encompasses, or will encompass, elementary and secondary 13 |
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94 | 94 | | schools or multiple elementary or multiple secondary schools. 14 |
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95 | 95 | | (f) Charter public schools, as defined in § 16-77-2.1 and authorized as of the effective date 15 |
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96 | 96 | | of this section, shall be exempt from subsection (d) of this section and shall not require local, written 16 |
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97 | 97 | | support under subsection (d) for any proposed expansion or charter renewal. 17 |
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98 | 98 | | (g) A proposed charter, or amendment to a charter for expansion, may proceed through the 18 |
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99 | 99 | | approval process by removing districts that have not provided written support, in accordance with 19 |
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100 | 100 | | this section, from the catchment area and may be approved with the remaining districts in the 20 |
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101 | 101 | | catchment area; provided that, the application satisfies the requirements of regulations and law. 21 |
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102 | 102 | | However, the charter may be revoked at any time if the school: 22 |
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103 | 103 | | (1) Materially violates provisions contained in the charter; 23 |
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104 | 104 | | (2) Fails to meet or pursue the educational objectives contained in the charter; 24 |
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105 | 105 | | (3) Fails to comply with fiscal accountability procedures as specified in the charter; 25 |
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106 | 106 | | (4) Violates provisions of law that have not been granted variance by the council on 26 |
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107 | 107 | | elementary and secondary education; or 27 |
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108 | 108 | | (5) After three (3) consecutive years of operation, is not a "high-performing charter 28 |
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109 | 109 | | school," defined as a charter public school that has demonstrated overall success, including: 29 |
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110 | 110 | | (i) Substantial progress in improving student achievement; and 30 |
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111 | 111 | | (ii) The management and leadership necessary to establish a thriving, financially viable 31 |
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112 | 112 | | charter public school. 32 |
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113 | 113 | | (h) After denying, or prior to non-renewing or revoking a charter, the department of 33 |
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114 | 114 | | elementary and secondary education shall hold a hearing on the issues in controversy under § 16-34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC002058 - Page 4 of 5 |
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118 | 118 | | 39-1. 1 |
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119 | 119 | | (i) The establishment of new charter public schools shall be contingent upon state approval 2 |
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120 | 120 | | and appropriation. 3 |
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121 | 121 | | SECTION 2. This act shall take effect upon passage. 4 |
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122 | 122 | | ======== |
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123 | 123 | | LC002058 |
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125 | 125 | | |
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126 | 126 | | |
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127 | 127 | | LC002058 - Page 5 of 5 |
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128 | 128 | | EXPLANATION |
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129 | 129 | | BY THE LEGISLATIVE COUNCIL |
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130 | 130 | | OF |
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131 | 131 | | A N A C T |
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132 | 132 | | RELATING TO EDUCATION -- ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS |
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133 | 133 | | *** |
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134 | 134 | | This act would amend provisions related to the legislative purpose for alternatives within 1 |
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135 | 135 | | the public school system. 2 |
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136 | 136 | | This act would take effect upon passage. 3 |
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137 | 137 | | ======== |
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138 | 138 | | LC002058 |
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