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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5840 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001763 |
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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 Casey, Kislak, Casimiro, Messier, O'Brien, Dawson, |
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| 17 | 17 | | Cotter, Spears, and McNamara |
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| 18 | 18 | | Date Introduced: February 28, 2025 |
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| 19 | 19 | | Referred To: House Education |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Sections 16-77-2.1 and 16-77-3.1 of the General Laws in Chapter 16-77 1 |
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| 24 | 24 | | entitled "Establishment of Charter Public Schools " are hereby amended to read as follows: 2 |
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| 25 | 25 | | 16-77-2.1. Definitions. 3 |
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| 26 | 26 | | As used in this chapter, the following words shall have the following meanings: 4 |
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| 27 | 27 | | (5)(1) “Board of regents” means the Rhode Island board of regents for elementary and 5 |
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| 28 | 28 | | secondary education. 6 |
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| 29 | 29 | | (2) “Bona fide labor organization” means a labor organization recognized under the 7 |
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| 30 | 30 | | National Labor Relations Act or the provisions of chapter 7 of title 28 (“labor relations act”). 8 |
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| 31 | 31 | | (4)(3) “Charter public schools” means district charter schools, independent charter schools, 9 |
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| 32 | 32 | | or mayoral academies. 10 |
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| 33 | 33 | | (6)(4) “Commissioner” means the Rhode Island commissioner of elementary and 11 |
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| 34 | 34 | | secondary education. 12 |
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| 35 | 35 | | (1)(5) “District charter schools” means schools created by existing public schools, groups 13 |
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| 36 | 36 | | of public school personnel, public school districts, or a group of school districts. 14 |
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| 37 | 37 | | (6) “Employees” means non-represented, non-management, and non-confidential 15 |
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| 38 | 38 | | employees of a charter school. 16 |
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| 39 | 39 | | (2)(7) “Independent charter schools” means schools created by: (I) Rhode Island nonprofit 17 |
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| 40 | 40 | | organizations provided that these nonprofit organizations shall have existed for at least two (2) 18 |
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| 41 | 41 | | years and must exist for a substantial reason other than to operate a school; or (ii) Colleges or 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001763 - Page 2 of 11 |
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| 45 | 45 | | universities within the State of Rhode Island. 1 |
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| 46 | 46 | | (3)(8) “Mayoral academies” means schools created by a mayor of any city or town within 2 |
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| 47 | 47 | | the State of Rhode Island, acting by or through a nonprofit organization (regardless of the time said 3 |
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| 48 | 48 | | nonprofit organization is in existence) to establish a mayoral academy as hereinafter described in 4 |
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| 49 | 49 | | chapter 16-77.4 (“Mayoral Academies”). For purposes of this chapter the term “mayor” shall 5 |
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| 50 | 50 | | include any elected town administrator. 6 |
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| 51 | 51 | | (7)(9) “Sending school district” means the district where the student attending or planning 7 |
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| 52 | 52 | | to attend a charter public school resides. 8 |
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| 53 | 53 | | 16-77-3.1. Legislative purpose. 9 |
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| 54 | 54 | | (a) The purpose of this chapter is to provide an alternative within the public education 10 |
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| 55 | 55 | | system by offering opportunities for entities identified in § 16-77-2.1 to establish and maintain a 11 |
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| 56 | 56 | | high performing public school program according to the terms of a charter. The key appeal of the 12 |
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| 57 | 57 | | charter school concept is its promise of increased accountability for student achievement in 13 |
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| 58 | 58 | | exchange for increased school autonomy. 14 |
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| 59 | 59 | | (b) Charter public schools are intended to be vanguards, laboratories, and an expression of 15 |
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| 60 | 60 | | the on-going and vital state interest in the improvement of education. Notwithstanding the 16 |
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| 61 | 61 | | provisions of this section or any law to the contrary, a charter school shall be deemed to be a public 17 |
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| 62 | 62 | | school acting under state law and subject to the Age Discrimination Act of 1975, 42 U.S.C. § 6101, 18 |
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| 63 | 63 | | et seq., title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., title IX of the educational 19 |
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| 64 | 64 | | amendments of 1972, 20 U.S.C. § 1681, et seq., § 794 of title 29, and part B of the Individuals With 20 |
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| 65 | 65 | | Disabilities Education Act, 20 U.S.C. § 1411, et seq. All students and prospective students of a 21 |
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| 66 | 66 | | charter school shall be deemed to be public school students, having all the same rights under federal 22 |
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| 67 | 67 | | and Rhode Island law as students and prospective students at a non-chartered public school. These 23 |
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| 68 | 68 | | charter public schools shall be vehicles for research and development in areas such as curriculum, 24 |
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| 69 | 69 | | pedagogy, administration, materials, facilities, governance, parent relations and involvement, 25 |
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| 70 | 70 | | social development, instructor’s and administrator’s responsibilities, working conditions, student 26 |
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| 71 | 71 | | performance and fiscal accountability. It is the intent of the general assembly to create within the 27 |
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| 72 | 72 | | public school system vehicles for innovative learning opportunities to be utilized and evaluated in 28 |
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| 73 | 73 | | pilot projects. The provisions of this chapter are to be interpreted liberally to support the purposes 29 |
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| 74 | 74 | | set forth in this chapter and to advance a renewed commitment by the state to the mission, goals, 30 |
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| 75 | 75 | | and diversity of public education. 31 |
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| 76 | 76 | | (c) It is the intent of the general assembly to provide opportunities for teachers, parents, 32 |
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| 77 | 77 | | pupils, and community members to establish and maintain public schools that operate 33 |
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| 78 | 78 | | independently as a method to accomplish all of the following: 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001763 - Page 3 of 11 |
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| 82 | 82 | | (1) Improve pupil learning by creating schools with rigorous academic standards in all 1 |
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| 83 | 83 | | basic areas of instruction for high pupil performance; 2 |
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| 84 | 84 | | (2) Increase learning opportunities for all pupils, with special emphasis on expanded 3 |
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| 85 | 85 | | learning experiences for pupils who are identified as educationally disadvantaged and at-risk; 4 |
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| 86 | 86 | | (3) Encourage the use of innovative teaching methods; 5 |
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| 87 | 87 | | (4) Create opportunities for teachers, including the opportunity to be responsible for the 6 |
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| 88 | 88 | | learning program at the school site; 7 |
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| 89 | 89 | | (5) Provide parents and pupils with expanded choices in the types of educational 8 |
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| 90 | 90 | | opportunities that are available within the public school system; 9 |
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| 91 | 91 | | (6) Hold the schools established under this chapter accountable for meeting publicly 10 |
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| 92 | 92 | | promulgated, measurable, state and charter-based pupil academic results, and provide the schools 11 |
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| 93 | 93 | | with a method to implement performance-based and/or other student-based accountability systems, 12 |
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| 94 | 94 | | while providing a means to restrict the expansion of ineffective charter public schools; and 13 |
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| 95 | 95 | | (7) Encourage parental and community involvement with public schools. 14 |
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| 96 | 96 | | (d) No private or parochial schools shall be eligible for charter public school status, nor 15 |
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| 97 | 97 | | shall a charter public school be affiliated in any way with a sectarian school or religious institution. 16 |
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| 98 | 98 | | Any charter public school authorized by this chapter shall be nonsectarian and nonreligious in its 17 |
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| 99 | 99 | | programs, admissions policies, employment practices, and all other operations. The board of 18 |
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| 100 | 100 | | regents shall not approve a charter to a school whose overall operation or education program is 19 |
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| 101 | 101 | | managed by a for profit entity. 20 |
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| 102 | 102 | | (e) The commissioner is empowered to promulgate rules and regulations consistent with 21 |
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| 103 | 103 | | this chapter, in conformance with chapter 35 of title 42, for the creation and operation of charter 22 |
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| 104 | 104 | | public schools. These rules and regulations shall set forth the process for rescission of state approval 23 |
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| 105 | 105 | | of a charter public school, including appropriate protections to ensure the continued provision of 24 |
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| 106 | 106 | | education services to the students of the charter public school whose charter is rescinded. 25 |
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| 107 | 107 | | (f) All charter public schools shall adhere to financial record keeping, reporting, auditing 26 |
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| 108 | 108 | | requirements, and procedures as required by the Rhode Island department of education and in 27 |
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| 109 | 109 | | accordance with federal and state laws and regulations. 28 |
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| 110 | 110 | | (g) No more than thirty-five (35) charters shall be granted. At least one-half (½) of the total 29 |
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| 111 | 111 | | number of charter public schools in the state shall be reserved for charter school applications which 30 |
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| 112 | 112 | | are designed to increase the educational opportunities for at-risk pupils. 31 |
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| 113 | 113 | | (h) Charter schools shall remain neutral regarding unionization of any of its employees by 32 |
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| 114 | 114 | | establishing a “union neutrality clause” to be included in the charter upon the renewal of a certified 33 |
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| 115 | 115 | | charter school or application for a new charter school. 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001763 - Page 4 of 11 |
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| 119 | 119 | | SECTION 2. Section 16-77.2-2 of the General Laws in Chapter 16-77.2 entitled "District 1 |
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| 120 | 120 | | Charter School [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby 2 |
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| 121 | 121 | | amended to read as follows: 3 |
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| 122 | 122 | | 16-77.2-2. Procedure for creation of district charter schools. 4 |
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| 123 | 123 | | (a) Any persons or entities eligible to establish a district charter school may submit a 5 |
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| 124 | 124 | | proposed charter to the commissioner and the school committee of the district where the district 6 |
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| 125 | 125 | | charter school is to be located. The proposed charter shall: 7 |
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| 126 | 126 | | (1) Be submitted to the commissioner and to the school committee of the district where the 8 |
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| 127 | 127 | | district charter school is to be located no later than December 1st of the school year before the 9 |
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| 128 | 128 | | school year in which the district charter school is to be established; 10 |
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| 129 | 129 | | (2) Describe a plan for education, including the mission, objective, method of providing a 11 |
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| 130 | 130 | | basic education, measurable student academic goals that the district charter school will meet, and 12 |
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| 131 | 131 | | process for improving student learning and fulfilling the charter and fulfilling state and national 13 |
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| 132 | 132 | | educational goals and standards; 14 |
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| 133 | 133 | | (3) Provide a minimum of one hundred eighty (180) days of instruction to students per 15 |
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| 134 | 134 | | year; 16 |
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| 135 | 135 | | (4) Indicate performance criteria that will be used to measure student learning and to 17 |
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| 136 | 136 | | comply with the charter, state, and national educational goals and standards; 18 |
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| 137 | 137 | | (5) Include an agreement to provide a yearly report to parents, the community, the school 19 |
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| 138 | 138 | | committee of the district where the district charter school is to be located, and the commissioner, 20 |
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| 139 | 139 | | which indicates the progress made by the district charter school during the previous year in meeting 21 |
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| 140 | 140 | | the charter objectives; 22 |
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| 141 | 141 | | (6) Present a plan for the governance, administration, and operation of the district charter 23 |
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| 142 | 142 | | school, including the manner in which the governing board of the school will be chosen, the nature 24 |
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| 143 | 143 | | and extent of parental, professional educator, and community involvement in the governance and 25 |
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| 144 | 144 | | operation of the district charter school, and the means of ensuring accountability to the 26 |
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| 145 | 145 | | commissioner, the school district of the district where the district charter school is to be located, 27 |
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| 146 | 146 | | and the board of regents; 28 |
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| 147 | 147 | | (7) Identify the building that will house the district charter school and from whom and 29 |
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| 148 | 148 | | under what terms and conditions it is to be provided; 30 |
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| 149 | 149 | | (8) Describe what support services will be provided by the school district and under what 31 |
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| 150 | 150 | | terms and conditions those services are to be provided, and describe what support services the 32 |
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| 151 | 151 | | district charter school will obtain directly from third-parties and, to the extent known, under what 33 |
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| 152 | 152 | | terms and conditions those services are to be provided; 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001763 - Page 5 of 11 |
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| 156 | 156 | | (9) Explain the procedures that will be followed to ensure the health and safety of pupils 1 |
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| 157 | 157 | | and staff; 2 |
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| 158 | 158 | | (10) Describe enrollment procedures including the permissible criteria for admission in 3 |
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| 159 | 159 | | accordance with applicable state and federal law, along with a policy or policies that outline 4 |
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| 160 | 160 | | outreach and recruitment programs to encourage the enrollment of a diverse student population; 5 |
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| 161 | 161 | | (11) Explain the student discipline procedures; 6 |
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| 162 | 162 | | (12) Explain the relationship that will exist between the proposed district charter school 7 |
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| 163 | 163 | | and its employees, including the terms and conditions of employment and the qualifications that 8 |
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| 164 | 164 | | the employees must meet. Teachers and administrators in district charter schools must be certified 9 |
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| 165 | 165 | | pursuant to state law and regulation. Teachers and administrators in district charter schools shall be 10 |
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| 166 | 166 | | entitled to prevailing wages and benefits as enjoyed by other public school teachers and 11 |
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| 167 | 167 | | administrators within the school district where the district charter school is to be located and to the 12 |
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| 168 | 168 | | state teachers’ retirement system under chapter 8 of title 36. Employment in a district charter school 13 |
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| 169 | 169 | | shall be considered “service” as that term is defined in chapter 16 of this title. All employees and 14 |
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| 170 | 170 | | prospective employees of a district charter school shall be deemed to be public school employees, 15 |
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| 171 | 171 | | having the same rights, including retirement, under Rhode Island and federal law as employees and 16 |
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| 172 | 172 | | prospective employees at a non-chartered public school.; 17 |
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| 173 | 173 | | (13) Upon renewal of a existing certified charter or upon application for a new charter 18 |
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| 174 | 174 | | school to create a "union neutrality clause” that provides that the charter school commits to the 19 |
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| 175 | 175 | | following: 20 |
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| 176 | 176 | | (i) To remain neutral, regarding the unionization of any of its employees, such that the 21 |
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| 177 | 177 | | charter school shall not at any time express a position on the matter of whether its employees should 22 |
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| 178 | 178 | | be unionized and such that the charter school shall not threaten, intimidate, discriminate against, 23 |
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| 179 | 179 | | retaliate against, or take any adverse action against any employees based on their decision to 24 |
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| 180 | 180 | | support or oppose union representation; 25 |
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| 181 | 181 | | (ii) That the charter school shall provide any bona fide labor organization access at 26 |
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| 182 | 182 | | reasonable times to areas in which the charter school's employees work for the purpose of meeting 27 |
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| 183 | 183 | | with employees to discuss their right to representation, employment rights under the law, and terms 28 |
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| 184 | 184 | | and conditions of employment; and 29 |
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| 185 | 185 | | (iii) That union recognition shall be through a majority card check verified by a neutral 30 |
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| 186 | 186 | | third-party arbitrator mutually selected by the charter school and the bona fide labor organization 31 |
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| 187 | 187 | | through alternate striking from a panel of arbitrators provided by the Federal Mediation and 32 |
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| 188 | 188 | | Conciliation Service. 33 |
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| 189 | 189 | | (13)(14) Identify with particularity the state statutes, state regulations, and school district 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001763 - Page 6 of 11 |
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| 193 | 193 | | rules from which variances are sought in order to facilitate operation of the district charter school. 1 |
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| 194 | 194 | | Explain the reasons for each variance and the alternative method by which the concern that gave 2 |
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| 195 | 195 | | rise to the regulation or provision will be addressed; 3 |
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| 196 | 196 | | (14)(15) The proposed charter shall set forth those provisions of the collective bargaining 4 |
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| 197 | 197 | | agreement which will not be applicable to that district charter school subject to agreement by the 5 |
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| 198 | 198 | | parties to the collectively bargaining agreement; 6 |
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| 199 | 199 | | (15)(16) Provide a financial plan including a proposed budget for the term of the charter, 7 |
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| 200 | 200 | | and an annual audit of the financial and administrative operations of the district charter school, and 8 |
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| 201 | 201 | | the manner in which the funds allocated to the district charter school will be managed and 9 |
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| 202 | 202 | | disbursed; 10 |
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| 203 | 203 | | (16)(17) Provide procedures by which teaching personnel and parents can legally challenge 11 |
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| 204 | 204 | | decisions of the governing board of the school which do not conform to the school’s charter; and 12 |
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| 205 | 205 | | (17)(18) Provide a copy of the proposed bylaws of the district charter school. 13 |
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| 206 | 206 | | (b) In those instances where a charter is being sought for an existing public school, the 14 |
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| 207 | 207 | | proposed charter must receive the affirmative votes of two-thirds (⅔) of the teachers assigned to 15 |
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| 208 | 208 | | the school prior to implementation. If approved by the faculty, the proposed charter shall be voted 16 |
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| 209 | 209 | | on by the parents or legal guardians of each student assigned to the school, with one vote being cast 17 |
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| 210 | 210 | | for each student. To be adopted by the parents, the proposed charter must receive the affirmative 18 |
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| 211 | 211 | | votes of parents or legal guardians representing a majority of all the students assigned to the school. 19 |
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| 212 | 212 | | (c) In those instances where a charter is being sought for a newly created district charter 20 |
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| 213 | 213 | | school, the proposed charter must receive the affirmative support of a number of certified teachers 21 |
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| 214 | 214 | | employed within the school district where the district charter school is to be located at least equal 22 |
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| 215 | 215 | | to two-thirds (⅔) of the number of teachers that will be required to staff the proposed district charter 23 |
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| 216 | 216 | | school. The teachers who affirmatively support the proposed charter must state their desire to 24 |
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| 217 | 217 | | transfer to the district charter school, once established, and to teach under the terms of the charter. 25 |
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| 218 | 218 | | To demonstrate parental support within the school district, the charter must receive the affirmative 26 |
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| 219 | 219 | | support of parents or legal guardians representing a number of students currently enrolled in the 27 |
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| 220 | 220 | | school district equal to at least one-half (½) of the number of students who would be needed to 28 |
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| 221 | 221 | | attend the proposed district charter school. The parents or guardians must state their desire to have 29 |
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| 222 | 222 | | their children transfer to the district charter school, once established, and to be educated under the 30 |
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| 223 | 223 | | terms of the charter. The charter may then be presented by the commissioner to the board of regents 31 |
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| 224 | 224 | | for its approval. The charter shall set forth those provisions of state statute, regulation, and school 32 |
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| 225 | 225 | | district rules which will not be applicable to that district charter school 33 |
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| 226 | 226 | | (d) By approval of the charter upon the recommendation of the commissioner, the board of 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC001763 - Page 7 of 11 |
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| 230 | 230 | | regents will be deemed to have authorized all necessary variances from law and regulation 1 |
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| 231 | 231 | | enumerated in the charter. Should the need for relief from the operation of additional provisions of 2 |
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| 232 | 232 | | law and/or contract become apparent subsequent to implementation of the charter, a variance may 3 |
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| 233 | 233 | | be obtained by an affirmative vote of two-thirds (⅔) of the teachers then assigned to the school, 4 |
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| 234 | 234 | | agreement by all parties to the collective bargaining agreement and by an affirmative vote of the 5 |
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| 235 | 235 | | board of regents upon a recommendation of the commissioner. 6 |
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| 236 | 236 | | SECTION 3. Section 16-77.3-2 of the General Laws in Chapter 16-77.3 entitled 7 |
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| 237 | 237 | | "Independent Charter Schools [See Title 16 Chapter 97 — The Rhode Island Board of Education 8 |
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| 238 | 238 | | Act]" is hereby amended to read as follows: 9 |
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| 239 | 239 | | 16-77.3-2. Procedure for creation and expansion of independent charter schools. 10 |
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| 240 | 240 | | (a) Any persons or entities eligible to establish an independent charter public school may 11 |
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| 241 | 241 | | submit a proposed charter, or an amendment to a charter for an expansion, to the commissioner. 12 |
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| 242 | 242 | | For purposes of this chapter, “expansion” shall be an increase in total enrollment; an increase in 13 |
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| 243 | 243 | | the grade levels previously authorized in the charter, or the addition of a school district to the 14 |
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| 244 | 244 | | catchment area. The proposed charter shall: 15 |
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| 245 | 245 | | (1) Be submitted to the commissioner no later than December 1st of the school year before 16 |
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| 246 | 246 | | the school year in which the independent charter school is to be established; 17 |
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| 247 | 247 | | (2) Describe a plan for education, including the mission, objective, method of providing a 18 |
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| 248 | 248 | | basic education, measurable student academic goals that the independent charter school will meet, 19 |
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| 249 | 249 | | and process for improving student learning and fulfilling the charter and fulfilling state and national 20 |
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| 250 | 250 | | educational goals and standards; 21 |
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| 251 | 251 | | (3) Provide a minimum of one hundred eighty (180) days of instruction to students per 22 |
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| 252 | 252 | | year; 23 |
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| 253 | 253 | | (4) Indicate performance criteria that will be used to measure student learning and to 24 |
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| 254 | 254 | | comply with the charter, state, and national educational goals and standards; 25 |
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| 255 | 255 | | (5) Include an agreement to provide a yearly report to parents, the community, the sending 26 |
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| 256 | 256 | | school districts, and the commissioner, that indicates the progress made by the independent charter 27 |
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| 257 | 257 | | school during the previous year in meeting the charter objectives; 28 |
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| 258 | 258 | | (6) Present a plan for the governance, administration, and operation of the independent 29 |
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| 259 | 259 | | charter school, including the manner in which the governing board of the school will be chosen, 30 |
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| 260 | 260 | | the nature and extent of parental, professional educator, and community involvement in the 31 |
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| 261 | 261 | | governance and operation of the independent charter school, and the means of ensuring 32 |
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| 262 | 262 | | accountability to the commissioner, the sending school districts, and the council on elementary and 33 |
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| 263 | 263 | | secondary education; 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC001763 - Page 8 of 11 |
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| 267 | 267 | | (7) Identify the building that will house the independent charter school and from whom, 1 |
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| 268 | 268 | | and under what terms and conditions, it is to be provided; 2 |
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| 269 | 269 | | (8) Describe what support services will be provided by the sending school district(s), and 3 |
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| 270 | 270 | | under what terms and conditions those services are to be provided, and describe what support 4 |
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| 271 | 271 | | services the independent charter school will obtain directly from third parties and, to the extent 5 |
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| 272 | 272 | | known, under what terms and conditions those services are to be provided; 6 |
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| 273 | 273 | | (9) Explain the procedures that will be followed to ensure the health and safety of pupils 7 |
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| 274 | 274 | | and staff; 8 |
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| 275 | 275 | | (10) Describe enrollment procedures, including the permissible criteria for admission in 9 |
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| 276 | 276 | | accordance with applicable state and federal law, along with a policy, or policies, that outline 10 |
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| 277 | 277 | | outreach and recruitment programs to encourage the enrollment of a diverse student population; 11 |
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| 278 | 278 | | (11) Explain the student discipline procedures; 12 |
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| 279 | 279 | | (12) Explain the relationship that will exist between the proposed independent charter 13 |
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| 280 | 280 | | school and its employees, including the terms and conditions of employment and the qualifications 14 |
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| 281 | 281 | | that the employees must meet. Teachers and administrators in independent charter schools must be 15 |
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| 282 | 282 | | certified pursuant to state law and regulation. Teachers and administrators in independent charter 16 |
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| 283 | 283 | | schools shall be entitled to prevailing wages and benefits as enjoyed by other Rhode Island public 17 |
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| 284 | 284 | | school teachers and administrators. Employment in an independent charter school shall be 18 |
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| 285 | 285 | | considered “service” as that term is defined in chapter 16 of this title for purposes of determining 19 |
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| 286 | 286 | | the appropriate step on a salary schedule for certified personnel. Employment in an independent 20 |
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| 287 | 287 | | charter school can be considered “service” as that term is defined in chapter 16 of this title for 21 |
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| 288 | 288 | | determining status in the teachers’ retirement system. All employees, and prospective employees 22 |
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| 289 | 289 | | of an independent charter school shall be deemed to be public school employees, having the same 23 |
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| 290 | 290 | | rights under Rhode Island and federal law as employees, and prospective employees at a non-24 |
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| 291 | 291 | | chartered public school; 25 |
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| 292 | 292 | | (13) Requires all independent charter schools, upon renewal of a certified charter or 26 |
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| 293 | 293 | | application for a new charter school to create a "union neutrality clause” that provides the 27 |
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| 294 | 294 | | following: 28 |
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| 295 | 295 | | (i) To remain neutral, regarding the unionization of any of its employees such that the 29 |
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| 296 | 296 | | charter school shall not at any time express a position on the matter of whether its employees should 30 |
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| 297 | 297 | | be unionized and such that the charter school shall not threaten, intimidate, discriminate against, 31 |
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| 298 | 298 | | retaliate against, or take any adverse action against any employees based on their decision to 32 |
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| 299 | 299 | | support or oppose union representation; 33 |
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| 300 | 300 | | (ii) That the charter school shall provide any bona fide labor organization access at 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC001763 - Page 9 of 11 |
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| 304 | 304 | | reasonable times to areas in which the charter school's employees work for the purpose of meeting 1 |
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| 305 | 305 | | with employees to discuss their right to representation, employment rights under the law, and terms 2 |
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| 306 | 306 | | and conditions of employment; and 3 |
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| 307 | 307 | | (iii) That union recognition shall be through a majority card check verified by a neutral 4 |
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| 308 | 308 | | third-party arbitrator mutually selected by the charter school and the bona fide labor organization 5 |
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| 309 | 309 | | through alternate striking from a panel of arbitrators provided by the Federal Mediation and 6 |
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| 310 | 310 | | Conciliation Service. 7 |
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| 311 | 311 | | (13)(14) Identify, with particularity, the state statutes, state regulations, and sending school 8 |
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| 312 | 312 | | district(s) rules from which variances are sought in order to facilitate operation of the independent 9 |
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| 313 | 313 | | charter school. Explain the reasons for each variance and the alternative method by which the 10 |
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| 314 | 314 | | concern that gave rise to the regulation or provision will be addressed; 11 |
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| 315 | 315 | | (14)(15) Provide a financial plan, including a proposed budget for the term of the charter, 12 |
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| 316 | 316 | | and an annual audit of the financial and administrative operations of the independent charter school, 13 |
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| 317 | 317 | | and the manner in which the funds allocated to the independent charter school will be managed and 14 |
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| 318 | 318 | | disbursed; 15 |
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| 319 | 319 | | (15)(16) Provide procedures by which teaching personnel and parents can legally challenge 16 |
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| 320 | 320 | | decisions of the governing board of the school that do not conform to the school’s charter; 17 |
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| 321 | 321 | | (16)(17) Provide a copy of the proposed bylaws of the independent charter school; and 18 |
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| 322 | 322 | | (17)(18) Provide written support from town or city council(s) in the proposed catchment 19 |
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| 323 | 323 | | area if required pursuant to § 16-77-5.1. 20 |
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| 324 | 324 | | (b) Any nonprofit organization that seeks to establish an independent charter school must 21 |
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| 325 | 325 | | submit its financial records and financial plan for operating the school to the auditor general, who 22 |
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| 326 | 326 | | shall review the records, the financial plan, and the financial integrity of the organization. At the 23 |
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| 327 | 327 | | time of submission of a proposed charter, the financial records and financial recordkeeping system 24 |
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| 328 | 328 | | of the nonprofit organization and the proposed financial plan for the independent charter school 25 |
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| 329 | 329 | | shall be reviewed by the auditor general and the auditor general shall, while the proposed charter 26 |
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| 330 | 330 | | is being considered for preliminary approval by the council on elementary and secondary education, 27 |
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| 331 | 331 | | provide an initial determination to the council on elementary and secondary education, the 28 |
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| 332 | 332 | | commissioner, and the speaker of the house of representatives and the president of the senate 29 |
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| 333 | 333 | | indicating that the auditor general is satisfied that the nonprofit organization is financially 30 |
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| 334 | 334 | | responsible. Final approval for operation of the independent charter school shall not be granted by 31 |
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| 335 | 335 | | the council on elementary and secondary education until the auditor general has approved the 32 |
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| 336 | 336 | | financial plan and financial-record keeping system and is satisfied that the nonprofit organization 33 |
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| 337 | 337 | | is financially responsible. The auditor general shall notify the council on elementary and secondary 34 |
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| 338 | 338 | | |
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| 339 | 339 | | |
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| 340 | 340 | | LC001763 - Page 10 of 11 |
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| 341 | 341 | | education, the commissioner, the president of the senate, and the speaker of the house of 1 |
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| 342 | 342 | | representatives of the findings. During the year immediately preceding the September in which the 2 |
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| 343 | 343 | | independent charter school is to begin operation, the charter applicant shall make any additional 3 |
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| 344 | 344 | | submissions to the auditor general prescribed by the auditor general in the initial determination. 4 |
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| 345 | 345 | | Additional submissions during the year prior to the September in which the independent charter 5 |
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| 346 | 346 | | school is to begin operation shall include, but not be limited to evidence submitted to the auditor 6 |
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| 347 | 347 | | general, not later than June 1st prior to the opening of the independent charter school, of the 7 |
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| 348 | 348 | | existence of an agreement, option for lease or purchase, lease agreement, or purchase agreement, 8 |
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| 349 | 349 | | contingent upon general assembly funding, for a facility in which the independent charter school 9 |
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| 350 | 350 | | will operate in its first year of operation. The auditor general shall have the authority to review 10 |
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| 351 | 351 | | independent charter schools affiliated with nonprofit organizations on an annual basis or require 11 |
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| 352 | 352 | | the school to have an annual, certified audit in accordance with the same federal and state standards 12 |
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| 353 | 353 | | that are applicable to local public school districts. If, as a result of any annual audit, the auditor 13 |
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| 354 | 354 | | general believes there are financial irregularities, the auditor general shall withdraw the original 14 |
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| 355 | 355 | | approval and the council on elementary and secondary education shall withdraw its approval for 15 |
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| 356 | 356 | | the independent charter school to continue operation. 16 |
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| 357 | 357 | | SECTION 4. This act shall take effect upon passage. 17 |
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| 358 | 358 | | ======== |
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| 359 | 359 | | LC001763 |
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| 360 | 360 | | ======== |
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| 361 | 361 | | |
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| 362 | 362 | | |
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| 363 | 363 | | LC001763 - Page 11 of 11 |
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| 364 | 364 | | EXPLANATION |
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| 365 | 365 | | BY THE LEGISLATIVE COUNCIL |
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| 366 | 366 | | OF |
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| 367 | 367 | | A N A C T |
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| 368 | 368 | | RELATING TO EDUCATION -- ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS |
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| 369 | 369 | | *** |
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| 370 | 370 | | This act would require all certified independent or district charter schools upon application 1 |
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| 371 | 371 | | for a renewal of said charter or an application for a new charter school to provide a union neutrality 2 |
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| 372 | 372 | | clause in the charter. 3 |
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| 373 | 373 | | This act would take effect upon passage. 4 |
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| 374 | 374 | | ======== |
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| 375 | 375 | | LC001763 |
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| 376 | 376 | | ======== |
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