§ 16-77-5 - Process for consideration of proposed charter.
SECTION 16-77-5
§ 16-77-5 Process for consideration ofproposed charter. – (a) If the commissioner of elementary and secondary education or the localschool committee finds the application to be incomplete, further informationmay be requested and required. The commissioner shall develop regulations foramending an approved charter, consistent with the provisions of this chapter.
(b) After having received a satisfactory application, thecommissioner of elementary and secondary education will provide for a publiccomment period of not less than sixty (60) days, during which they will hold atleast two (2) public hearings on the application. These hearings will be heldin the district where the proposed charter school is to be located. Any personmay file with the committee and/or the commissioner comments, recommendations,and/or objections relevant to the granting of a charter.
(c) A copy of the completed application for a charter publicschool at an existing public school shall be provided to the collectivebargaining agent for the teachers in that school district at the time that itis filed with the school committee and the commissioner. The teachers throughtheir collective bargaining agent shall be afforded the opportunity to presenttheir analysis of and recommendations regarding the proposed charter to theschool committee and the board of regents for elementary and secondaryeducation prior to any determination by those entities. If the teachers' unionobjects to the proposed charter or to any provision of it, it shall set forththe reasons for those objections in detail. These objections andrecommendations shall be considered and responded to by the school committeeand the commissioner before making any recommendation to the board of regents,and by the board of regents prior to its determination.
(d) The commissioner and the local school committee will eachdecide on whether or not to recommend the granting of the charter within ninety(90) days after the conclusion of the public comment period.
(e) If the commissioner of elementary and secondary educationor the local school committee recommend the granting of the charter publicschool petition, the matter shall be referred to the board of regents for adecision on whether or not to grant a charter. Notice of the granting or denialof the application will be supplied. The decision of the board of regents,complete with reasons and conditions, shall be made available to the public andto the applicant.
(f) The commissioner, with the approval of the board ofregents for elementary and secondary education, may grant a variance to anyprovision of title 16 other than those enumerated in § 16-77-11 and to anydepartment of education regulation and to any school district regulation whichdoes not affect the health and safety or civil rights of pupils in charterpublic schools.
(g) All charter applications shall be matters of publicrecord and will be provided to members of the public upon request.
(h) Notwithstanding the provisions of this section, the Boardof Regents shall not grant final approval for any new charter school to beginoperations in the 2006-2007 or 2007-2008 school year.