Bill Summary – FastDemocracy

-- H 6021 SUBSTITUTE A AS AMENDED
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     LC001870/SUB A
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                       STATE               OF        RHODE                 ISLAND
                                           IN GENERAL ASSEMBLY
                                        JANUARY SESSION, A.D. 2021
                                              ____________
                                                 AN ACT
                                        RELATING TO EDUCATION
                Introduced By: Representatives Ajello, McNamara, Kislak, Felix, Williams, Barros,
                                Amore, C Lima, O'Brien, and Morales
                Date Introduced: February 26, 2021
                Referred To: House Education
     It is enacted by the General Assembly as follows:
         SECTION 1. Section 16-1-5 of the General Laws in Chapter 16-1 entitled "State
 Department of Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island
 Board of Education Act]" is hereby amended to read as follows:
         16-1-5. Duties of commissioner of elementary and secondary education.
         It shall be the duty of the commissioner of elementary and secondary education:
         (1) To carry out the policies and program formulated by the council on elementary and
 secondary education.
         (2) To evaluate credentials of applicants for certificates, to verify that the certification of
 teachers is in accordance with law and established standards, and to issue certificates at the direction
 of the board.
         (3) To certify the approval of accredited schools.
         (4) To recommend to the board an outline of the subjects and courses of study and the
 instructional standards for elementary and secondary schools.
         (5) To approve the distribution of state school funds in accordance with law and the
 regulations of the board.
         (6) To verify that school sites and school building plans are in accordance with law and
 regulations.
         (7) To exercise supervision over school libraries and library services.
         (8) To certify that school bus routes and schedules and all contracts for pupil transportation
 conform with provisions of law and the rules and regulations of the board.
         (9) To require the observance of all laws relating to schools and education.
         (10) To interpret school law and to decide such controversies as may be appealed to the
 commissioner from decisions of local school committees.
         (11) To prepare and recommend standard forms for the use of local schools.
         (12)(i) To prepare, with the assistance of the department of administration, manuals of
 uniform budgetary and standard financial records and procedures for local school officers. The
 board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989,
 and those procedures should include, at a minimum, the following:
         (A) Provision for uniform classification of revenues and expenditures;
         (B) Requirements of detailed expenditure estimates and a table of organization including
 the proposed staffing of each school;
         (C) Estimates of receipts and expenditures for the last two (2) completed fiscal years, the
 current and ensuing fiscal years; and
         (ii) To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000) not
 otherwise appropriated shall be included in the appropriation made to support the department of
 elementary and secondary education.
         (13) To receive general supervision from the council on elementary and secondary
 education and to appoint the several officers and employees of the department subject to the
 provisions of the state merit system act, chapters 3 and 4 of title 36.
         (14) To establish health education, alcohol and substance abuse programs for students in
 grades kindergarten (K) through twelve (12), in accordance with § 35-4-18. The program will
 consist of the following: A mandated state health education, alcohol and substance abuse
 curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in the
 areas of health, fitness, alcohol and substance abuse, and an in-service training program that will
 be developed specifically for the implementation of the mandated curriculum.
         (15)(i) To appoint a three-member (3) committee for the purpose of choosing a "teacher of
 the year" among teachers in public school grades kindergarten (K) through twelve (12). The
 "teacher of the year" shall receive an award of one thousand dollars ($1,000).
         (ii) It is the intent of the general assembly that the funds necessary to carry out the
 provisions of this subdivision shall be provided within the annual appropriations act.
         (16) To institute a process to review, revise, and adopt statewide academic standards that
 align with state assessments for the core subjects of mathematics, English language arts, science
 and technology, history and social studies, world languages, and the arts.
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         (17) To institute a process for adapting, adopting, and developing curriculum frameworks
 for mathematics, English language arts, science and technology, history and social studies, world
 languages, and the arts covered by the academic standards.
         (18) To institute a process for reviewing and identifying high-quality curriculum and
 materials in mathematics, English language arts, and science and technology.
         (19) To prepare each year a plan for providing statewide assistance in the preparation and
 implementation of professional development plans.
         (20) To promulgate rules and regulations relating to school-run lotteries of all eligible
 public school students and incoming kindergarten students for admission or waiting list to a charter
 school or mayoral academy established pursuant to chapters 77 through 77.4 of this title for which
 they would be eligible to attend if offered. Notwithstanding the foregoing provision, the lottery
 process shall not apply to charter schools or mayoral academies created with the purpose of offering
 specialized training and education in specific fields of study or targeting at risk groups approved
 by the commissioner.
         (21) To provide each charter school or mayoral academy established pursuant to chapters
 77 through 77.4 of this title with the data collected and disseminated from each sending district
 pursuant to § 16-2-36(c).
         SECTION 2. Chapter 16-2 of the General Laws entitled "School Committees and
 Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby
 amended by adding thereto the following section:
         16-2-36. Charter schools -- Lottery process and responsibilities.
         (a) The department of education shall coordinate with each school district so that all
 eligible public school students are provided the opportunity to participate in a lottery for enrollment
 in a charter school or mayoral academy established pursuant to chapters 77 through 77.4 of this
 title for which they would be eligible to attend if offered.
         (b) The parent or guardian of an eligible public school student may inform the sending
 public school district or the department of education of their intent to not have their child entered
 into the lottery to be offered enrollment in a charter school or mayoral academy.
         (c) The sending districts shall provide student data to the department of education by
 February 1 of each year to ensure eligible public school students are entered in the lottery for
 enrollment.
         (d) The parent or guardian of a student not registered in the school district for which they
 are eligible to register may provide the student’s data to the department of education by February
 1 to ensure the student is entered in the lottery for enrollment.
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         (e) The parent or guardian of a student not residing in the school district for which they
 would be eligible to register at the time of the lottery may, with an acknowledgment that they intend
 to be registered in the school district at the commencement of the school year, provide the student’s
 data to the department of education by February 1 to ensure the student is entered in the lottery for
 enrollment.
         SECTION 3. Sections 16-77.2-1, 16-77.2-2, 16-77.2-4 and 16-77.2-7 of the General Laws
 in Chapter 16-77.2 entitled "District Charter School [See Title 16 Chapter 97 - The Rhode Island
 Board of Education Act]" are hereby amended to read as follows:
         16-77.2-1. Entities eligible to apply to become district charter schools.
         (a) Persons or entities eligible to submit an application to establish a district charter school
 shall be limited to:
         (1) Existing public schools;
         (2) Groups of public school personnel;
         (3) Public school districts; or
         (4) A group of school districts.
         (b) No existing public school shall be converted into a district charter school unless a
 majority of the parents and/or guardians of the students currently assigned to the school and two-
 thirds (2/3) of the certified teaching personnel currently assigned to the school approve the
 proposed charter, as provided in § 16-77.2-2.
         (c) School professionals employed by a local or regional school committee or the State of
 Rhode Island shall be entitled to a two (2) year leave of absence, without compensation, in order to
 be employed in a district charter school, provided this leave shall be extended upon request for an
 additional two (2) years. At any time during or upon completion of this leave of absence, a school
 professional may return to work in the school district in the position in which he or she was
 previously employed or a comparable position. This leave of absence shall not be deemed to be an
 interruption of service for purposes of seniority and teachers' retirement.
         (d) No child shall be required to attend a district charter school nor shall any teacher be
 required to teach in a district charter school. The school committee shall make accommodations to
 facilitate the transfer of students who do not wish to participate in the district charter school into
 other public schools. It shall also make accommodations for those students who wish to participate
 to transfer into the district charter school as space permits. If the total number of students who are
 eligible to attend and apply to a district charter school is greater than the number of spaces available,
 the charter school shall conduct a lottery to determine which students shall be admitted.
         (e) Notwithstanding students who are otherwise eligible for enrollment prioritization as
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 siblings of currently enrolled students or children of staff, all remaining openings shall be offered
 to those students selected though the lottery process established by the department of education.
         (f) Nothing in this chapter shall preclude any eligible public school student of any age for
 enrollment in a district charter school for which they would be eligible if offered. District charter
 schools may not discriminate on the basis of an applicant’s race, ethnicity, socioeconomic status,
 ability, religion, gender, and/or sexual orientation.
         16-77.2-2. Procedure for creation of district charter schools.
         (a) Any persons or entities eligible to establish a district charter school may submit a
 proposed charter to the commissioner and the school committee of the district where the district
 charter school is to be located. The proposed charter shall:
         (1) Be submitted to the commissioner and to the school committee of the district where the
 district charter school is to be located no later than December 1st of the school year before the
 school year in which the district charter school is to be established;
         (2) Describe a plan for education, including the mission, objective, method of providing a
 basic education, measurable student academic goals that the district charter school will meet, and
 process for improving student learning and fulfilling the charter and fulfilling state and national
 educational goals and standards;
         (3) Provide a minimum of one hundred eighty (180) days of instruction to students per
 year;
         (4) Indicate performance criteria that will be used to measure student learning and to
 comply with the charter, state, and national educational goals and standards;
         (5) Include an agreement to provide a yearly report to parents, the community, the school
 committee of the district where the district charter school is to be located, and the commissioner,
 which indicates the progress made by the district charter school during the previous year in meeting
 the charter objectives;
         (6) Present a plan for the governance, administration, and operation of the district charter
 school, including the manner in which the governing board of the school will be chosen, the nature
 and extent of parental, professional educator, and community involvement in the governance and
 operation of the district charter school, and the means of ensuring accountability to the
 commissioner, the school district of the district where the district charter school is to be located,
 and the board of regents;
         (7) Identify the building that will house the district charter school and from whom and
 under what terms and conditions it is to be provided;
         (8) Describe what support services will be provided by the school district and under what
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 terms and conditions those services are to be provided, and describe what support services the
 district charter school will obtain directly from third-parties and, to the extent known, under what
 terms and conditions those services are to be provided;
         (9) Explain the procedures that will be followed to ensure the health and safety of pupils
 and staff;
         (10) Describe enrollment procedures including the permissible criteria for admission in
 accordance with applicable state and federal law and the use of the lottery process approved by the
 department of education, along with a policy or policies that outline outreach and recruitment
 programs to encourage the enrollment of a diverse student population;
         (11) Explain the student discipline procedures;
         (12) Explain the relationship that will exist between the proposed district charter school
 and its employees, including the terms and conditions of employment and the qualifications that
 the employees must meet. Teachers and administrators in district charter schools must be certified
 pursuant to state law and regulation. Teachers and administrators in district charter schools shall be
 entitled to prevailing wages and benefits as enjoyed by other public school teachers and
 administrators within the school district where the district charter school is to be located and to the
 state teachers' retirement system under chapter 8 of title 36. Employment in a district charter school
 shall be considered "service" as that term is defined in chapter 16 of this title. All employees and
 prospective employees of a district charter school shall be deemed to be public school employees,
 having the same rights, including retirement, under Rhode Island and federal law as employees and
 prospective employees at a non-chartered public school.
         (13) Identify with particularity the state statutes, state regulations, and school district rules
 from which variances are sought in order to facilitate operation of the district charter school.
 Explain the reasons for each variance and the alternative method by which the concern that gave
 rise to the regulation or provision will be addressed;
         (14) The proposed charter shall set forth those provisions of the collective bargaining
 agreement which will not be applicable to that district charter school subject to agreement by the
 parties to the collectively bargaining agreement;
         (15) Provide a financial plan including a proposed budget for the term of the charter, and
 an annual audit of the financial and administrative operations of the district charter school, and the
 manner in which the funds allocated to the district charter school will be managed and disbursed;
         (16) Provide procedures by which teaching personnel and parents can legally challenge
 decisions of the governing board of the school which do not conform to the school's charter; and
         (17) Provide a copy of the proposed bylaws of the district charter school; and
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         (18) Provide a detailed copy of the district charter school’s lottery and enrollment process,
 including but not limited to, the offer and acceptance process, the right to refuse an offer and the
 effect of siblings not attending the school.
         (b) In those instances where a charter is being sought for an existing public school, the
 proposed charter must receive the affirmative votes of two-thirds (2/3) of the teachers assigned to
 the school prior to implementation. If approved by the faculty, the proposed charter shall be voted
 on by the parents or legal guardians of each student assigned to the school, with one vote being cast
 for each student. To be adopted by the parents, the proposed charter must receive the affirmative
 votes of parents or legal guardians representing a