Rhode Island Code of Regulations
Title 200 - Board of Education
Chapter 20 - Council on Elementary and Secondary Education
Subchapter 05 - General and School Operations
Part 2 - Charter School Regulations (200-RICR-20-05-2)
Section 200-RICR-20-05-2.2 - Establishment of charter schools

Universal Citation: 200 RI Code of Rules 20 05 2.2

Current through September 18, 2024

2.2.1 Charter application process

A. Proposed charters shall be submitted to the Commissioner of Elementary and Secondary Education ("the Commissioner") no later than December 1st of the school year before the school year in which the charter school is to be established.

B. District charter school applicants must also submit a copy of the proposed charter to the school committee of the district where the district charter school is to be established no later than December 1st of the school year before the school year in which the charter school is to be established.

2.2.2 Content of proposed charter

A. In the case of a proposed district charter school, the proposed charter submitted to the Commissioner shall include all the material required by R.I. Gen. Laws § 16-77.2-2.

B. In the case of a proposed independent charter school, the proposed charter submitted to the Commissioner shall include all the material required by R.I. Gen. Laws § 16-77.3-2.

C. In the case of a proposed mayoral academy, the proposed charter submitted to the Commissioner shall include all the material required by R.I. Gen. Laws § 16-77.4-2.

D. All proposed charters shall also include:
1. Evidence of need and community support for the proposed public charter school;

2. The school's plans for identifying and successfully serving students with disabilities, students who are English language learners, students who are academically behind, and gifted students, including but not limited to compliance with applicable laws and regulations;

3. A detailed school start-up plan, identifying tasks, timelines and responsible individuals; and

4. Explanations of any partnerships or contractual relationships central to the school's operations or mission.

E. In the case of a proposed public charter school that intends to contract with an education service provider for substantial educational services, management services, or both types of services, the proposed charter shall also include:
1. Evidence of the education service provider's success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of non- academic school functions if applicable;

2. A term sheet setting forth the proposed duration of the service contract; roles and responsibilities of the governing board, the school staff, and the service provider; scope of services and resources to be provided by the service provider; performance evaluation measures and timelines; compensation structure, including clear identification of all fees to be paid to the service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract; and

3. A description of any existing or potential conflicts of interest between the school governing board and proposed service provider or any affiliated business entities.

2.2.3 Review process

A. In the case of a proposed district charter school, the proposed charter shall be considered through the process required by R.I. Gen. Laws § 16-77.2-3.

B. In the case of a proposed independent charter school, the proposed charter shall be considered through the process required by R.I. Gen. Laws § 16-77.3-3.

C. In the case of a mayoral academy, the proposed charter shall be considered through the process required by R.I. Gen. Laws § 16-77.4-3.

D. Throughout this process, the Commissioner may be assisted in his or her duties by review panels composed of individuals appointed by the Commissioner. Members of these panels may review applications, but the reviewers' role shall be solely advisory.

E. Throughout the review process, the Commissioner or the school committee of the district where a district charter school is to be located may, at any time, determine a proposed charter to have unsatisfactorily met guidelines and thus be unsuitable for further review. The rationale for this determination shall be submitted in writing to the applicant and made publicly available.

2.2.4 Approval by the Council on Elementary and Secondary Education

A. After completion of all statutory and regulatory requirements, the Commissioner will submit the proposed charter to the Council on Elementary and Secondary Education ("the Council") for consideration. The Commissioner may recommend the Council to grant or deny the charter, or to remand the charter for further consideration. The Council will, in accordance with its regulations, allow comment from interested parties on the approval of the charter.

B. Approved applicants shall be granted a preliminary charter. Receipt of this preliminary charter does not imply that the school is prepared to operate or that the Council will grant a final charter to the applicant. Authorization to operate requires final approval by the Council based on the recommendation of the Commissioner. To obtain final approval, applicants shall satisfactorily complete the following tasks:
1. The entity operating a charter school shall have articles of incorporation filed and approved by the Rhode Island Office of the Secretary of State.

2. All applicants must have their project's business plan, financial management procedures, and other relevant financial information reviewed by the Rhode Island Office of the Auditor General.

3. The school shall have an established governance structure (i.e. board of trustees, board of directors, etc.) to provide proper governance and oversight of school operations.

4. The school must have in place a qualified chief administrator (i.e. Head of School, Executive Director, Chief Executive Officer) to oversee day-to-day operations.

5. The school must have a staffing plan designed to put in place a faculty that clearly meets student need and is consistent with the school's program design.

6. The school must present sufficient evidence that 50% of its first-year enrollment is willing to enroll if the school opens the following school year.

7. The school must have identified an appropriate building (permanent or temporary) for operating the school.

8. The school must develop a final charter. If the school is an independent or mayoral academy, this document shall confer the authority to operate as a local education agency. If the school is an in-district charter, this document shall confer the authority to operate as a public school. These documents shall include:
a. In the case of a proposed district charter school, all material required by R.I. Gen. Laws § 16-77.2-2. In the case of a proposed independent charter school, all material required by R.I. Gen. Laws § 16-77.3-2. In the case of a proposed mayoral academy, all material required by R.I. Gen. Laws § 16-77.4-2;

b. An accountability plan, which shall include:
(1) Student academic performance goals developed by the Commissioner that together shall set valid, reliable, and rigorous minimum expectations for the quality of a charter school's educational program;

(2) Student academic performance goals developed by the charter school as necessary to measure the school's progress in achieving its mission, provided that such goals are valid, reliable, rigorous, reproducible, and do not provide similar information as the goals developed in accordance with §2.2.4(B)(8)(b) ((1)) of this Part;

(3) If the charter school is a charter high school, then the school shall provide an academic performance goal that sets a rigorous, minimum expectation for the post-secondary readiness of its students, provided that this goal is valid, reliable, rigorous, reproducible, and does not provide similar information as the goals developed in accordance with §2.2.4(B)(8)(b) ((1)) of this Part;

(4) Organizational performance goals developed by the Commissioner that set reasonable, minimum expectations for charter schools' financial performance and sustainability, student and teacher attrition, and parent and student satisfaction; and

(5) Organizational performance goals developed by the Charter school as necessary to measure the school's progress in achieving its mission, provided that such goals are valid, reliable, rigorous, reproducible, and do not provide similar information as the goals developed in accordance with §2.2.4(B)(8)(b) ((4)) of this Part;

c. The Council's obligations to the school as its public chartering agency;

d. An assurance that the school shall comply with all state and federally mandated academic performance requirements;

e. An assurance that the school shall create and sustain high quality learning environments that meet the standards set forth in the Board of Regent's Basic Education Program Regulations (Part 10-1 of this Chapter); and

f. An assurance that the school shall improve academic achievement as defined by the academic goals established in §2.2.4(B)(8)(b) of this Part for increasing academic achievement for all groups of students in which the number of students in a category is sufficient to yield statistically valid information, including:
(1) Economically disadvantaged students,

(2) Students from major racial and ethnic groups,

(3) Students with disabilities, and

(4) Students with limited English proficiency.

g. If the school elects to contract with a comprehensive service or management provider, the school shall execute a Commissioner- approved agreement that has been developed in accordance with the requirements in § 2.8 of this Part.

C. Upon successful completion of the tasks or with adequate written assurance that all tasks will be met prior to the opening of the school, the Commissioner may recommend the final Charter for approval by the Council no later than July 31st of the school year before the school year in which the charter school is to be established.

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