2025 -- H 5840
========
LC001763
========
S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO EDUCATION -- ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS
Introduced By: Representatives Casey, Kislak, Casimiro, Messier, O'Brien, Dawson,
Cotter, Spears, and McNamara
Date Introduced: February 28, 2025
Referred To: House Education
It is enacted by the General Assembly as follows:
SECTION 1. Sections 16-77-2.1 and 16-77-3.1 of the General Laws in Chapter 16-77 1
entitled "Establishment of Charter Public Schools " are hereby amended to read as follows: 2
16-77-2.1. Definitions. 3
As used in this chapter, the following words shall have the following meanings: 4
(5)(1) “Board of regents” means the Rhode Island board of regents for elementary and 5
secondary education. 6
(2) “Bona fide labor organization” means a labor organization recognized under the 7
National Labor Relations Act or the provisions of chapter 7 of title 28 (“labor relations act”). 8
(4)(3) “Charter public schools” means district charter schools, independent charter schools, 9
or mayoral academies. 10
(6)(4) “Commissioner” means the Rhode Island commissioner of elementary and 11
secondary education. 12
(1)(5) “District charter schools” means schools created by existing public schools, groups 13
of public school personnel, public school districts, or a group of school districts. 14
(6) “Employees” means non-represented, non-management, and non-confidential 15
employees of a charter school. 16
(2)(7) “Independent charter schools” means schools created by: (I) Rhode Island nonprofit 17
organizations provided that these nonprofit organizations shall have existed for at least two (2) 18
years and must exist for a substantial reason other than to operate a school; or (ii) Colleges or 19
LC001763 - Page 2 of 11
universities within the State of Rhode Island. 1
(3)(8) “Mayoral academies” means schools created by a mayor of any city or town within 2
the State of Rhode Island, acting by or through a nonprofit organization (regardless of the time said 3
nonprofit organization is in existence) to establish a mayoral academy as hereinafter described in 4
chapter 16-77.4 (“Mayoral Academies”). For purposes of this chapter the term “mayor” shall 5
include any elected town administrator. 6
(7)(9) “Sending school district” means the district where the student attending or planning 7
to attend a charter public school resides. 8
16-77-3.1. Legislative purpose. 9
(a) The purpose of this chapter is to provide an alternative within the public education 10
system by offering opportunities for entities identified in § 16-77-2.1 to establish and maintain a 11
high performing public school program according to the terms of a charter. The key appeal of the 12
charter school concept is its promise of increased accountability for student achievement in 13
exchange for increased school autonomy. 14
(b) Charter public schools are intended to be vanguards, laboratories, and an expression of 15
the on-going and vital state interest in the improvement of education. Notwithstanding the 16
provisions of this section or any law to the contrary, a charter school shall be deemed to be a public 17
school acting under state law and subject to the Age Discrimination Act of 1975, 42 U.S.C. § 6101, 18
et seq., title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq., title IX of the educational 19
amendments of 1972, 20 U.S.C. § 1681, et seq., § 794 of title 29, and part B of the Individuals With 20
Disabilities Education Act, 20 U.S.C. § 1411, et seq. All students and prospective students of a 21
charter school shall be deemed to be public school students, having all the same rights under federal 22
and Rhode Island law as students and prospective students at a non-chartered public school. These 23
charter public schools shall be vehicles for research and development in areas such as curriculum, 24
pedagogy, administration, materials, facilities, governance, parent relations and involvement, 25
social development, instructor’s and administrator’s responsibilities, working conditions, student 26
performance and fiscal accountability. It is the intent of the general assembly to create within the 27
public school system vehicles for innovative learning opportunities to be utilized and evaluated in 28
pilot projects. The provisions of this chapter are to be interpreted liberally to support the purposes 29
set forth in this chapter and to advance a renewed commitment by the state to the mission, goals, 30
and diversity of public education. 31
(c) It is the intent of the general assembly to provide opportunities for teachers, parents, 32
pupils, and community members to establish and maintain public schools that operate 33
independently as a method to accomplish all of the following: 34
LC001763 - Page 3 of 11
(1) Improve pupil learning by creating schools with rigorous academic standards in all 1
basic areas of instruction for high pupil performance; 2
(2) Increase learning opportunities for all pupils, with special emphasis on expanded 3
learning experiences for pupils who are identified as educationally disadvantaged and at-risk; 4
(3) Encourage the use of innovative teaching methods; 5
(4) Create opportunities for teachers, including the opportunity to be responsible for the 6
learning program at the school site; 7
(5) Provide parents and pupils with expanded choices in the types of educational 8
opportunities that are available within the public school system; 9
(6) Hold the schools established under this chapter accountable for meeting publicly 10
promulgated, measurable, state and charter-based pupil academic results, and provide the schools 11
with a method to implement performance-based and/or other student-based accountability systems, 12
while providing a means to restrict the expansion of ineffective charter public schools; and 13
(7) Encourage parental and community involvement with public schools. 14
(d) No private or parochial schools shall be eligible for charter public school status, nor 15
shall a charter public school be affiliated in any way with a sectarian school or religious institution. 16
Any charter public school authorized by this chapter shall be nonsectarian and nonreligious in its 17
programs, admissions policies, employment practices, and all other operations. The board of 18
regents shall not approve a charter to a school whose overall operation or education program is 19
managed by a for profit entity. 20
(e) The commissioner is empowered to promulgate rules and regulations consistent with 21
this chapter, in conformance with chapter 35 of title 42, for the creation and operation of charter 22
public schools. These rules and regulations shall set forth the process for rescission of state approval 23
of a charter public school, including appropriate protections to ensure the continued provision of 24
education services to the students of the charter public school whose charter is rescinded. 25
(f) All charter public schools shall adhere to financial record keeping, reporting, auditing 26
requirements, and procedures as required by the Rhode Island department of education and in 27
accordance with federal and state laws and regulations. 28
(g) No more than thirty-five (35) charters shall be granted. At least one-half (½) of the total 29
number of charter public schools in the state shall be reserved for charter school applications which 30
are designed to increase the educational opportunities for at-risk pupils. 31
(h) Charter schools shall remain neutral regarding unionization of any of its employees by 32
establishing a “union neutrality clause” to be included in the charter upon the renewal of a certified 33
charter school or application for a new charter school. 34
LC001763 - Page 4 of 11
SECTION 2. Section 16-77.2-2 of the General Laws in Chapter 16-77.2 entitled "District 1
Charter School [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby 2
amended to read as follows: 3
16-77.2-2. Procedure for creation of district charter schools. 4
(a) Any persons or entities eligible to establish a district charter school may submit a 5
proposed charter to the commissioner and the school committee of the district where the district 6
charter school is to be located. The proposed charter shall: 7
(1) Be submitted to the commissioner and to the school committee of the district where the 8
district charter school is to be located no later than December 1st of the school year before the 9
school year in which the district charter school is to be established; 10
(2) Describe a plan for education, including the mission, objective, method of providing a 11
basic education, measurable student academic goals that the district charter school will meet, and 12
process for improving student learning and fulfilling the charter and fulfilling state and national 13
educational goals and standards; 14
(3) Provide a minimum of one hundred eighty (180) days of instruction to students per 15
year; 16
(4) Indicate performance criteria that will be used to measure student learning and to 17
comply with the charter, state, and national educational goals and standards; 18
(5) Include an agreement to provide a yearly report to parents, the community, the school 19
committee of the district where the district charter school is to be located, and the commissioner, 20
which indicates the progress made by the district charter school during the previous year in meeting 21
the charter objectives; 22
(6) Present a plan for the governance, administration, and operation of the district charter 23
school, including the manner in which the governing board of the school will be chosen, the nature 24
and extent of parental, professional educator, and community involvement in the governance and 25
operation of the district charter school, and the means of ensuring accountability to the 26
commissioner, the school district of the district where the district charter school is to be located, 27
and the board of regents; 28
(7) Identify the building that will house the district charter school and from whom and 29
under what terms and conditions it is to be provided; 30
(8) Describe what support services will be provided by the school district and under what 31
terms and conditions those services are to be provided, and describe what support services the 32
district charter school will obtain directly from third-parties and, to the extent known, under what 33
terms and conditions those services are to be provided; 34
LC001763 - Page 5 of 11
(9) Explain the procedures that will be followed to ensure the health and safety of pupils 1
and staff; 2
(10) Describe enrollment procedures including the permissible criteria for admission in 3
accordance with applicable state and federal law, along with a policy or policies that outline 4
outreach and recruitment programs to encourage the enrollment of a diverse student population; 5
(11) Explain the student discipline procedures; 6
(12) Explain the relationship that will exist between the proposed district charter school 7
and its employees, including the terms and conditions of employment and the qualifications that 8
the employees must meet. Teachers and administrators in district charter schools must be certified 9
pursuant to state law and regulation. Teachers and administrators in district charter schools shall be 10
entitled to prevailing wages and benefits as enjoyed by other public school teachers and 11
administrators within the school district where the district charter school is to be located and to the 12
state teachers’ retirement system under chapter 8 of title 36. Employment in a district charter school 13
shall be considered “service” as that term is defined in chapter 16 of this title. All employees and 14
prospective employees of a district charter school shall be deemed to be public school employees, 15
having the same rights, including retirement, under Rhode Island and federal law as employees and 16
prospective employees at a non-chartered public school.; 17
(13) Upon renewal of a existing certified charter or upon application for a new charter 18
school to create a "union neutrality clause” that provides that the charter school commits to the 19
following: 20
(i) To remain neutral, regarding the unionization of any of its employees, such that the 21
charter school shall not at any time express a position on the matter of whether its employees should 22
be unionized and such that the charter school shall not threaten, intimidate, discriminate against, 23
retaliate against, or take any adverse action against any employees based on their decision to 24
support or oppose union representation; 25
(ii) That the charter school shall provide any bona fide labor organization access at 26
reasonable times to areas in which the charter school's employees work for the purpose of meeting 27
with employees to discuss their right to representation, employment rights under the law, and terms 28
and conditions of employment; and 29
(iii) That union recognition shall be through a majority card check verified by a neutral 30
third-party arbitrator mutually selected by the charter school and the bona fide labor organization 31
through alternate striking from a panel of arbitrators provided by the Federal Mediation and 32
Conciliation Service. 33
(13)(14) Identify with particularity the state statutes, state regulations, and school district 34
LC001763 - Page 6 of 11
rules from which variances are sought in order to facilitate operation of the district charter school. 1
Explain the reasons for each variance and the alternative method by which the concern that gave 2
rise to the regulation or provision will be addressed; 3
(14)(15) The proposed charter shall set forth those provisions of the collective bargaining 4
agreement which will not be applicable to that district charter school subject to agreement by the 5
parties to the collectively bargaining agreement; 6
(15)(16) Provide a financial plan including a proposed budget for the term of the charter, 7
and an annual audit of the financial and administrative operations of the district charter school, and 8
the manner in which the funds allocated to the district charter school will be managed and 9
disbursed; 10
(16)(17) Provide procedures by which teaching personnel and parents can legally challenge 11
decisions of the governing board of the school which do not conform to the school’s charter; and 12
(17)(18) Provide a copy of the proposed bylaws of the district charter school. 13
(b) In those instances where a charter is being sought for an existing public school, the 14
proposed charter must receive the affirmative votes of two-thirds (⅔) of the teachers assigned to 15
the school prior to implementation. If approved by the faculty, the proposed charter shall be voted 16
on by the parents or legal guardians of each student assigned to the school, with one vote being cast 17
for each student. To be adopted by the parents, the proposed charter must receive the affirmative 18
votes of parents or legal guardians representing a majority of all the students assigned to the school. 19
(c) In those instances where a charter is being sought for a newly created district charter 20
school, the proposed charter must receive the affirmative support of a number of certified teachers 21
employed within the school district where the district charter school is to be located at least equal 22
to two-thirds (⅔) of the number of teachers that will be required to staff the proposed district charter 23
school. The teachers who affirmatively support the proposed charter must state their desire to 24
transfer to the district charter school, once established, and to teach under the terms of the charter. 25
To demonstrate parental support within the school district, the charter must receive the affirmative 26
support of parents or legal guardians representing a number of students currently enrolled in the 27
school district equal to at least one-half (½) of the number of students who would be needed to 28
attend the proposed district charter school. The parents or guardians must state their desire to have 29
their children transfer to the district charter school, once established, and to be educated under the 30
terms of the charter. The charter may then be presented by the commissioner to the board of regents 31
for its approval. The charter shall set forth those provisions of state statute, regulation, and school 32
district rules which will not be applicable to that district charter school 33
(d) By approval of the charter upon the recommendation of the commissioner, the board of 34
LC001763 - Page 7 of 11
regents will be deemed to have authorized all necessary variances from law and regulation 1
enumerated in the charter. Should the need for relief from the operation of additional provisions of 2
law and/or contract become apparent subsequent to implementation of the charter, a variance may 3
be obtained by an affirmative vote of two-thirds (⅔) of the teachers then assigned to the school, 4
agreement by all parties to the collective bargaining agreement and by an affirmative vote of the 5
board of regents upon a recommendation of the commissioner. 6
SECTION 3. Section 16-77.3-2 of the General Laws in Chapter 16-77.3 entitled 7
"Independent Charter Schools [See Title 16 Chapter 97 — The Rhode Island Board of Education 8
Act]" is hereby amended to read as follows: 9
16-77.3-2. Procedure for creation and expansion of independent charter schools. 10
(a) Any persons or entities eligible to establish an independent charter public school may 11
submit a proposed charter, or an amendment to a charter for an expansion, to the commissioner. 12
For purposes of this chapter, “expansion” shall be an increase in total enrollment; an increase in 13
the grade levels previously authorized in the charter, or the addition of a school district to the 14
catchment area. The proposed charter shall: 15
(1) Be submitted to the commissioner no later than December 1st of the school year before 16
the school year in which the independent charter school is to be established; 17
(2) Describe a plan for education, including the mission, objective, method of providing a 18
basic education, measurable student academic goals that the independent charter school will meet, 19
and process for improving student learning and fulfilling the charter and fulfilling state and national 20
educational goals and standards; 21
(3) Provide a minimum of one hundred eighty (180) days of instruction to students per 22
year; 23
(4) Indicate performance criteria that will be used to measure student learning and to 24
comply with the charter, state, and national educational goals and standards; 25
(5) Include an agreement to provide a yearly report to parents, the community, the sending 26
school districts, and the commissioner, that indicates the progress made by the independent charter 27
school during the previous year in meeting the charter objectives; 28
(6) Present a plan for the governance, administration, and operation of the independent 29
charter school, including the manner in which the governing board of the school will be chosen, 30
the nature and extent of parental, professional educator, and community involvement in the 31
governance and operation of the independent charter school, and the means of ensuring 32
accountability to the commissioner, the sending school districts, and the council on elementary and 33
secondary education; 34
LC001763 - Page 8 of 11
(7) Identify the building that will house the independent charter school and from whom, 1
and under what terms and conditions, it is to be provided; 2
(8) Describe what support services will be provided by the sending school district(s), and 3
under what terms and conditions those services are to be provided, and describe what support 4
services the independent charter school will obtain directly from third parties and, to the extent 5
known, under what terms and conditions those services are to be provided; 6
(9) Explain the procedures that will be followed to ensure the health and safety of pupils 7
and staff; 8
(10) Describe enrollment procedures, including the permissible criteria for admission in 9
accordance with applicable state and federal law, along with a policy, or policies, that outline 10
outreach and recruitment programs to encourage the enrollment of a diverse student population; 11
(11) Explain the student discipline procedures; 12
(12) Explain the relationship that will exist between the proposed independent charter 13
school and its employees, including the terms and conditions of employment and the qualifications 14
that the employees must meet. Teachers and administrators in independent charter schools must be 15
certified pursuant to state law and regulation. Teachers and administrators in independent charter 16
schools shall be entitled to prevailing wages and benefits as enjoyed by other Rhode Island public 17
school teachers and administrators. Employment in an independent charter school shall be 18
considered “service” as that term is defined in chapter 16 of this title for purposes of determining 19
the appropriate step on a salary schedule for certified personnel. Employment in an independent 20
charter school can be considered “service” as that term is defined in chapter 16 of this title for 21
determining status in the teachers’ retirement system. All employees, and prospective employees 22
of an independent charter school shall be deemed to be public school employees, having the same 23
rights under Rhode Island and federal law as employees, and prospective employees at a non-24
chartered public school; 25
(13) Requires all independent charter schools, upon renewal of a certified charter or 26
application for a new charter school to create a "union neutrality clause” that provides the 27
following: 28
(i) To remain neutral, regarding the unionization of any of its employees such that the 29
charter school shall not at any time express a position on the matter of whether its employees should 30
be unionized and such that the charter school shall not threaten, intimidate, discriminate against, 31
retaliate against, or take any adverse action against any employees based on their decision to 32
support or oppose union representation; 33
(ii) That the charter school shall provide any bona fide labor organization access at 34
LC001763 - Page 9 of 11
reasonable times to areas in which the charter school's employees work for the purpose of meeting 1
with employees to discuss their right to representation, employment rights under the law, and terms 2
and conditions of employment; and 3
(iii) That union recognition shall be through a majority card check verified by a neutral 4
third-party arbitrator mutually selected by the charter school and the bona fide labor organization 5
through alternate striking from a panel of arbitrators provided by the Federal Mediation and 6
Conciliation Service. 7
(13)(14) Identify, with particularity, the state statutes, state regulations, and sending school 8
district(s) rules from which variances are sought in order to facilitate operation of the independent 9
charter school. Explain the reasons for each variance and the alternative method by which the 10
concern that gave rise to the regulation or provision will be addressed; 11
(14)(15) Provide a financial plan, including a proposed budget for the term of the charter, 12
and an annual audit of the financial and administrative operations of the independent charter school, 13
and the manner in which the funds allocated to the independent charter school will be managed and 14
disbursed; 15
(15)(16) Provide procedures by which teaching personnel and parents can legally challenge 16
decisions of the governing board of the school that do not conform to the school’s charter; 17
(16)(17) Provide a copy of the proposed bylaws of the independent charter school; and 18
(17)(18) Provide written support from town or city council(s) in the proposed catchment 19
area if required pursuant to § 16-77-5.1. 20
(b) Any nonprofit organization that seeks to establish an independent charter school must 21
submit its financial records and financial plan for operating the school to the auditor general, who 22
shall review the records, the financial plan, and the financial integrity of the organization. At the 23
time of submission of a proposed charter, the financial records and financial recordkeeping system 24
of the nonprofit organization and the proposed financial plan for the independent charter school 25
shall be reviewed by the auditor general and the auditor general shall, while the proposed charter 26
is being considered for preliminary approval by the council on elementary and secondary education, 27
provide an initial determination to the council on elementary and secondary education, the 28
commissioner, and the speaker of the house of representatives and the president of the senate 29
indicating that the auditor general is satisfied that the nonprofit organization is financially 30
responsible. Final approval for operation of the independent charter school shall not be granted by 31
the council on elementary and secondary education until the auditor general has approved the 32
financial plan and financial-record keeping system and is satisfied that the nonprofit organization 33
is financially responsible. The auditor general shall notify the council on elementary and secondary 34
LC001763 - Page 10 of 11
education, the commissioner, the president of the senate, and the speaker of the house of 1
representatives of the findings. During the year immediately preceding the September in which the 2
independent charter school is to begin operation, the charter applicant shall make any additional 3
submissions to the auditor general prescribed by the auditor general in the initial determination. 4
Additional submissions during the year prior to the September in which the independent charter 5
school is to begin operation shall include, but not be limited to evidence submitted to the auditor 6
general, not later than June 1st prior to the opening of the independent charter school, of the 7
existence of an agreement, option for lease or purchase, lease agreement, or purchase agreement, 8
contingent upon general assembly funding, for a facility in which the independent charter school 9
will operate in its first year of operation. The auditor general shall have the authority to review 10
independent charter schools affiliated with nonprofit organizations on an annual basis or require 11
the school to have an annual, certified audit in accordance with the same federal and state standards 12
that are applicable to local public school districts. If, as a result of any annual audit, the auditor 13
general believes there are financial irregularities, the auditor general shall withdraw the original 14
approval and the council on elementary and secondary education shall withdraw its approval for 15
the independent charter school to continue operation. 16
SECTION 4. This act shall take effect upon passage. 17
========
LC001763
========
LC001763 - Page 11 of 11
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO EDUCATION -- ESTABLISHMENT OF CHARTER PUBLIC SCHOOLS
***
This act would require all certified independent or district charter schools upon application 1
for a renewal of said charter or an application for a new charter school to provide a union neutrality 2
clause in the charter. 3
This act would take effect upon passage. 4
========
LC001763
========