§ 16-77.3-2. Procedure for creation and expansion of independent charter schools.
(a) Any persons or entities eligible to establish an independent charter public school
may submit a proposed charter, or an amendment to a charter for an expansion, to the
commissioner. For purposes of this chapter, "expansion� shall be an increase in total
enrollment; an increase in the grade levels previously authorized in the charter,
or the addition of a school district to the catchment area. The proposed charter shall:
(1) Be submitted to the commissioner no later than December 1st of the school year before
the school year in which the independent 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 independent 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 sending
school districts, and the commissioner, that indicates the progress made by the independent
charter school during the previous year in meeting the charter objectives;
(6) Present a plan for the governance, administration, and operation of the independent
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 independent charter school, and
the means of ensuring accountability to the commissioner, the sending school districts,
and the council on elementary and secondary education;
(7) Identify the building that will house the independent 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 sending school district(s),
and under what terms and conditions those services are to be provided, and describe
what support services the independent 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 independent charter
school and its employees, including the terms and conditions of employment and the
qualifications that the employees must meet. Teachers and administrators in independent
charter schools must be certified pursuant to state law and regulation. Teachers and
administrators in independent charter schools shall be entitled to prevailing wages
and benefits as enjoyed by other Rhode Island public school teachers and administrators.
Employment in an independent charter school shall be considered "service� as that
term is defined in chapter 16 of this title for purposes of determining the appropriate
step on a salary schedule for certified personnel. Employment in an independent charter
school can be considered "service� as that term is defined in chapter 16 of this title
for determining status in the teachers' retirement system. All employees, and prospective
employees of an independent charter school shall be deemed to be public school employees,
having the same rights 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 sending school
district(s) rules from which variances are sought in order to facilitate operation
of the independent 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) 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 independent
charter school, and the manner in which the funds allocated to the independent charter
school will be managed and disbursed;
(15) Provide procedures by which teaching personnel and parents can legally challenge decisions
of the governing board of the school that do not conform to the school's charter;
(16) Provide a copy of the proposed bylaws of the independent charter school; and
(17) Provide written support from town or city council(s) in the proposed catchment area
if required pursuant to § 16-77-5.1.
(b) Any nonprofit organization that seeks to establish an independent charter school must
submit its financial records and financial plan for operating the school to the auditor
general, who shall review the records, the financial plan, and the financial integrity
of the organization. At the time of submission of a proposed charter, the financial
records and financial recordkeeping system of the nonprofit organization and the proposed
financial plan for the independent charter school shall be reviewed by the auditor
general and the auditor general shall, while the proposed charter is being considered
for preliminary approval by the council on elementary and secondary education, provide
an initial determination to the council on elementary and secondary education, the
commissioner, and the speaker of the house of representatives and the president of
the senate indicating that the auditor general is satisfied that the nonprofit organization
is financially responsible. Final approval for operation of the independent charter
school shall not be granted by the council on elementary and secondary education until
the auditor general has approved the financial plan and financial-record keeping system
and is satisfied that the nonprofit organization is financially responsible. The auditor
general shall notify the council on elementary and secondary education, the commissioner,
the president of the senate, and the speaker of the house of representatives of the
findings. During the year immediately preceding the September in which the independent
charter school is to begin operation, the charter applicant shall make any additional
submissions to the auditor general prescribed by the auditor general in the initial
determination. Additional submissions during the year prior to the September in which
the independent charter school is to begin operation shall include, but not be limited
to evidence submitted to the auditor general, not later than June 1st prior to the
opening of the independent charter school, of the existence of an agreement, option
for lease or purchase, lease agreement, or purchase agreement, contingent upon general
assembly funding, for a facility in which the independent charter school will operate
in its first year of operation. The auditor general shall have the authority to review
independent charter schools affiliated with nonprofit organizations on an annual basis
or require the school to have an annual, certified audit in accordance with the same
federal and state standards that are applicable to local public school districts.
If, as a result of any annual audit, the auditor general believes there are financial
irregularities, the auditor general shall withdraw the original approval and the council
on elementary and secondary education shall withdraw its approval for the independent
charter school to continue operation.