TITLE 16

Education

CHAPTER 16-77

Establishment of Charter Public Schools [See Title 16 Chapter 97 –

The Rhode Island Board of Education Act]

SECTION 16-77-3.1



   § 16-77-3.1  Legislative purpose. –

(a) The purpose of this chapter is to provide an alternative within the public

education system by offering opportunities for entities identified in §

16-77-2.1 to establish and maintain a high performing public school program

according to the terms of a charter. The key appeal of the charter school

concept is its promise of increased accountability for student achievement in

exchange for increased school autonomy.



   (b) Charter public schools are intended to be vanguards,

laboratories, and an expression of the on-going and vital state interest in the

improvement of education. Notwithstanding the provisions of this section or any

law to the contrary, a charter school shall be deemed to be a public school

acting under state law and subject to the Age Discrimination Act of 1975, 42

U.S.C. § 6101, et seq., title VI of the Civil Rights Act of 1964, 42

U.S.C. § 2000d, et seq., title IX of the educational amendments of 1972,

20 U.S.C. § 1681, et seq, § 794 of title 29, and part B of the

Individuals With Disabilities Education Act, 20 U.S.C. § 1411, et seq. All

students and prospective students of a charter school shall be deemed to be

public school students, having all the same rights under federal and Rhode

Island law as students and prospective students at a non-chartered public

school. These charter public schools shall be vehicles for research and

development in areas such as curriculum, pedagogy, administration, materials,

facilities, governance, parent relations and involvement, social development,

instructor's and administrator's responsibilities, working conditions, student

performance and fiscal accountability. It is the intent of the general assembly

to create within the public school system vehicles for innovative learning

opportunities to be utilized and evaluated in pilot projects. The provisions of

this chapter are to be interpreted liberally to support the purposes set forth

in this chapter and to advance a renewed commitment by the state to the

mission, goals, and diversity of public education.



   (c) It is the intent of the general assembly to provide

opportunities for teachers, parents, pupils, and community members to establish

and maintain public schools that operate independently as a method to

accomplish all of the following:



   (1) Improve pupil learning by creating schools with rigorous

academic standards in all basic areas of instruction for high pupil performance;



   (2) Increase learning opportunities for all pupils, with

special emphasis on expanded learning experiences for pupils who are identified

as educationally disadvantaged and at-risk;



   (3) Encourage the use of innovative teaching methods;



   (4) Create opportunities for teachers, including the

opportunity to be responsible for the learning program at the school site;



   (5) Provide parents and pupils with expanded choices in the

types of educational opportunities that are available within the public school

system;



   (6) Hold the schools established under this chapter

accountable for meeting publicly promulgated, measurable, state and

charter-based pupil academic results, and provide the schools with a method to

implement performance-based and/or other student-based accountability systems,

while providing a means to restrict the expansion of ineffective charter public

schools; and



   (7) Encourage parental and community involvement with public

schools.



   (d) No private or parochial schools shall be eligible for

charter public school status, nor shall a charter public school be affiliated

in any way with a sectarian school or religious institution. Any charter public

school authorized by this chapter shall be nonsectarian and nonreligious in its

programs, admissions policies, employment practices, and all other operations.

The board of regents shall not approve a charter to a school whose overall

operation or education program is managed by a for profit entity.



   (e) The commissioner is empowered to promulgate rules and

regulations consistent with this chapter, in conformance with chapter 35 of

title 42, for the creation and operation of charter public schools. These rules

and regulations shall set forth the process for rescission of state approval of

a charter public school, including appropriate protections to ensure the

continued provision of education services to the students of the charter public

school whose charter is rescinded.



   (f) All charter public schools shall adhere to financial

record keeping, reporting, auditing requirements, and procedures as required by

the Rhode Island department of education and in accordance with federal and

state laws and regulations.



   (g) No more than thirty-five (35) charters shall be granted.

At least one-half (1/2) of the total number of charter public schools in the

state shall be reserved for charter school applications which are designed to

increase the educational opportunities for at-risk pupils.



History of Section.

(P.L. 2010, ch. 84, § 3; P.L. 2010, ch. 107, § 3.)