§ 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
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, 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.
(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 (â…”) 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 majority of all the students assigned to the school.
(c) In those instances where a charter is being sought for a newly created district charter
school, the proposed charter must receive the affirmative support of a number of certified
teachers employed within the school district where the district charter school is
to be located at least equal to two-thirds (â…”) of the number of teachers that will
be required to staff the proposed district charter school. The teachers who affirmatively
support the proposed charter must state their desire to transfer to the district charter
school, once established, and to teach under the terms of the charter. To demonstrate
parental support within the school district, the charter must receive the affirmative
support of parents or legal guardians representing a number of students currently
enrolled in the school district equal to at least one-half (½) of the number of students
who would be needed to attend the proposed district charter school. The parents or
guardians must state their desire to have their children transfer to the district
charter school, once established, and to be educated under the terms of the charter.
The charter may then be presented by the commissioner to the board of regents for
its approval. The charter shall set forth those provisions of state statute, regulation,
and school district rules which will not be applicable to that district charter school
(d) By approval of the charter upon the recommendation of the commissioner, the board
of regents will be deemed to have authorized all necessary variances from law and
regulation enumerated in the charter. Should the need for relief from the operation
of additional provisions of law and/or contract become apparent subsequent to implementation
of the charter, a variance may be obtained by an affirmative vote of two-thirds (â…”)
of the teachers then assigned to the school, agreement by all parties to the collective
bargaining agreement and by an affirmative vote of the board of regents upon a recommendation
of the commissioner.