State › Rhode Island
Rhode Island's charter law was passed in 1995. As of 2009-10, there are 13 charter schools, serving an estimated 3,423 students. Rhode Island law permits only 20 charter schools statewide, and only allowscharter schools to serve no more than four percent of the state's school age population. Under Rhode Island law, the only authorizer is the state board of regents, after a charter school has been approved
by a local school board or the state commissioner of elementary and secondary education.
Rhode Island recently created mayoral academy charters, which are a new type of charter that has boards comprised of representatives from each city or town participating in the school and chaired by a mayor of an included city or town. These schools are also exempted from district collective bargaining agreements.
Rhode Island's law is still in need of significant improvement, most notably by removing the cap, providing additional authorizing options for charter applicants, ensuring authorizer accountability, providing adequate authorizer funding, beefing up the law in relation to the model law's four "quality control" components, and ensuring equitable operational funding and equitable access to capital funding and facilities.
How does this state compare to the model law?
| Model Law Component | Matches | Rhode Island's Charter Law | Scoring |
|---|---|---|---|
|
No Caps |
Rhode Island law permits only 20 charter schools statewide. It also only allows charter schools to serve no more than four percent of the state's school age population. There are currently 13 schools operating in the state. |
1
The state has a cap with room for limited growth.
3
3
|
|
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1A. No limits are placed on the number of public charter schools or students (and no geographic limits). |
No | ||
|
1B. If caps exist, adequate room for growth. |
Some | ||
|
A Variety of Public Charter Schools Allowed |
Rhode Island law allows new start-ups and public school conversions, but not virtual schools. |
2
The state allows new start-ups and public school conversions, but not virtual schools. OR The state allows only new start-ups.
1
2
|
|
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2A. New start-ups. |
Yes | ||
|
2B. Public school conversions. |
Yes | ||
|
2C. Virtual schools. |
No | ||
|
Multiple Authorizers Available |
Under Rhode Island law, the only authorizer is the state board of regents, after charter school has been approved by local school board or state commissioner of elementary and secondary education. There are currently 13 schools operating in the state. |
0
The state has only a single viable authorizer option available, and there is no or almost no authorizing activity.
3
0
|
|
|
3A. Two or viable authorizing options for each applicant with direct application allowed to each authorizing option. |
No | ||
|
Authorizer and Overall Program Accountability System Required |
Rhode Island law includes none of the elements of the model law's authorizer and overall program accountability system. |
0
The state law includes none of the elements of the model law's authorizer and overall program accountability system.
3
0
|
|
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4A. At least a registration process for local school boards to affirm their interest in chartering to the state. |
No | ||
|
4B. Application process for other eligible authorizing entities. |
N/A | ||
|
4C. Authorizer submission of annual report, which summarizes the agency's authorizing activities as well as the performance of its school portfolio. |
No | ||
|
4D. A regular review process by authorizer oversight body. |
No | ||
|
4E. Authorizer oversight body with authority to sanction authorizers, including removal of authorizer right to approve schools. |
No | ||
|
4F. Periodic formal evaluation of overall state charter school program and outcomes. |
No | ||
|
Adequate Authorizer Funding |
Rhode Island law includes none of the model law's provisions for adequate authorizer funding. |
0
The state law includes none of the model law's provisions for adequate authorizer funding.
2
0
|
|
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5A. Adequate funding from authorizing fees (or other sources). |
No | ||
|
5B. Guaranteed funding from authorizing fees (or from sources not subject to annual legislative appropriations). |
No | ||
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5C. Requirement to publicly report detailed authorizer expenditures. |
No | ||
|
5D. Separate contract for any services purchased from an authorizer by a school. |
No | ||
|
5E. Prohibition on authorizers requiring schools to purchase services from them. |
No | ||
|
Transparent Charter Application, Review, and Decision-making Processes |
Rhode Island law provides for application elements for all schools. It also provides additional application elements specific to conversion schools. Under Rhode Island law, the decision by the authorizer to approve or deny an application along with its reasons and conditions are to be made in writing and available to both the applicant and the public at large. |
2
The state law includes some of the model law's provisions for transparent charter application, review, and decision-making processes.
4
8
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|
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6A. Application elements for all schools. |
Yes | ||
|
6B. Additional application elements specific to conversion schools. |
Yes | ||
|
6C. Additional application elements specific to virtual schools. |
N/A | ||
|
6D. Additional application elements specific when using educational service providers. |
No | ||
|
6E. Additional application elements specific to replications. |
No | ||
|
6F. Authorizer-issued request for proposals (including application requirements and approval criteria). |
No | ||
|
6G. Thorough evaluation of each application including an in-person interview and a public meeting. |
Some | ||
|
6H. All charter approval or denial decisions made in a public meeting, with authorizers stating reasons for denials in writing. |
Some | ||
|
Performance-Based Charter Contracts Required |
Rhode Island law includes none of the model law's provisions for performance-based contracts. |
0
The state law includes none of the model law's provisions for performance-based charter contracts.
4
0
|
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7A. Being created as a separate document from the application and executed by the governing board of the charter school and the authorizer. |
No | ||
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7B. Defining the roles, powers, and responsibilities for the school and its authorizer. |
No | ||
|
7C. Defining academic and operational performance expectations by which the school will be judged, based on a performance framework that includes measures and metrics for, at a minimum, student academic proficiency and growth, achievement gaps, attendance, recurrent enrollment, postsecondary readiness (high schools), financial performance, and board stewardship (including compliance). |
No | ||
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7D. Providing an initial term of five operating years (or a longer term with periodic high-stakes reviews). |
No | ||
|
7E. Including requirements addressing the unique environments of virtual schools, if applicable. |
No | ||
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Comprehensive Charter School Monitoring and Data Collection Processes |
Rhode Island law requires all charter schools to adhere to financial record keeping, reporting, auditing requirements, and procedures in the same manner as required of local public school districts and in accordance with federal and state laws and regulations. The law allows the auditor general or the state director of administration to petition the superior court to order the charter school to file said reports. It also allows the director of administration to direct the state controller and general treasurer to withhold any funding to the charter school until the school complies with the reporting requirements hereunder. It provides that failure to comply with this section shall be cause for the revocation of the school charter. Rhode Island law allows individuals or groups to complain to a charter school's governing body concerning any claimed violation of the provisions of this chapter by the school. If, after presenting their complaint to the governing body, the individuals or groups believe their complaint has not been adequately addressed, the law allows them to submit their complaint to the state commissioner of elementary and secondary education who shall hear and decide the issue pursuant to state law. Rhode Island law requires charter schools to provide a yearly report to parents, the community, the local school committee, and the state commissioner of elementary and secondary education, which indicates the progress made by the charter public school during the previous year in meeting the charter objectives. |
1
The state law includes a small number of the model law's provisions for comprehensive charter school monitoring and data collection processes.
4
4
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8A. The collection and analysis of student outcome data at least annually by authorizers (consistent with performance framework outlined in the contract). |
No | ||
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8B. Financial accountability for charter schools (e.g., Generally Accepted Accounting Principles, independent annual audit reported to authorizer). |
Yes | ||
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8C. Authorizer authority to conduct or require oversight activities. |
No | ||
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8D. Annual school performance reports produced and made public by each authorizer. |
No | ||
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8E. Authorizer notification to their schools of perceived problems, with opportunities to remedy such problems. |
No | ||
|
8F. Authorizer authority to take appropriate corrective actions or exercise sanctions short of revocation. |
No | ||
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Clear Processes for Renewal, Nonrenewal, and Revocation Decisions |
Rhode Island law states that a charter may be revoked for material violations of those provisions contained within the charter, failing to meet education objections, fiscal mismanagement, or violation of the law. |
1
The state law includes a small number of the model law's clear processes for renewal, nonrenewal, and revocation decisions.
4
4
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9A. Authorizer must issue school performance renewal reports to schools whose charter will expire the following year. |
No | ||
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9B. Schools seeking renewal must apply for it. |
No | ||
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9C. Authorizers must issue renewal application guidance that provides an opportunity for schools to augment their performance record and discuss improvements and future plans. |
No | ||
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9D. Clear criteria for renewal and nonrenewal/revocation. |
Some | ||
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9E. Authorizers must ground renewal decisions based on evidence regarding the school's performance over the term of the charter contract (in accordance with the performance framework set forth in the charter contract). |
No | ||
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9F. Authorizer authority to vary length of charter renewal contract terms based on performance or other issues. |
No | ||
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9G. Authorizers must provide charter schools with timely notification of potential revocation or non-renewal (including reasons) and reasonable time to respond. |
No | ||
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9H. Authorizers must provide charter schools with due process for nonrenewal and revocation decisions (e.g., public hearing, submission of evidence). |
No | ||
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9I. All charter renewal, non-renewal, and revocation decisions made in a public meeting, with authorizers stating reasons for non-renewals and revocations in writing. |
No | ||
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9J. Authorizers must have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition. |
No | ||
|
Educational Service Providers Allowed |
Rhode Island law prohibits charter schools from contracting with for-profit management organizations. |
1
The state law is silent regarding these arrangements OR The state law prohibits contracting with certain types of educational service providers.
2
2
|
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10A. All types of educational service providers to operate all or parts of charter schools. |
No | ||
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10B. A performance contract between the independent public charter school board and the service provider is required. |
No | ||
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10C. Existing and potential conflicts of interest between the two entities are required to be disclosed and explained in application. |
No | ||
|
Fiscally and Legally Autonomous Schools, with Independent Public Charter School Boards |
Rhode Island law provides that charter schools may negotiate and contract directly with third parties for a variety of services. |
2
The state law includes some of the model law's provisions for fiscally and legally autonomous schools with independent public charter school boards. OR The state law includes all of them for some schools, but not others.
3
6
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11A. Fiscally and legally autonomous schools (e.g., schools have authority to receive and disburse funds, enter into contracts, and sue and be sued in their own names). |
Some | ||
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11B. School governing boards independent of the authorizer and created specifically to govern their charter school(s). |
Some | ||
|
Clear Student Recruitment, Enrollment and Lottery Procedures |
Rhode Island law requires charter schools to conduct a lottery if the total number of studnets who are eligible to attend and apply to a charter school is greater than the number of spaces available. |
1
The state law includes a small number of the model law's requirements for student recruitment, enrollment, and lottery procedures.
1
1
|
|
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12A. Open enrollment to any student in the state. |
No | ||
|
12B. Lottery requirements. |
Yes | ||
|
12C. Required enrollment preferences for previously enrolled students within conversions, prior year students within chartered schools, and siblings of enrolled students enrolled at a charter school. |
No | ||
|
12D. Optional enrollment preference for children of a school's founders, governing board members, and full-time employees, not exceeding 10% of the school's total student population. |
No | ||
|
Automatic Exemptions from Many State and District Laws and Regulations |
Rhode Island law requires exemptions from particular state statutes, state regulations, school district rules, and collective bargaining provisions to be specified in charter. |
1
The state law allows schools to apply for exemptions from state and district laws and requires all of a school's teachers to be certified. OR The state law does not provide automatic exemptions from many state and district laws and regulations and does not require any of a school's teachers to be certified. OR The state law allows schools to apply for exemptions from state and district laws and requires some of a school's teachers to be certified.
3
3
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13A. Exemptions from all laws, except those covering health, safety, civil rights, student accountability, employee criminal history checks, open meetings, freedom of information, and generally accepted accounting principles. |
Some | ||
|
13B. Exemption from state teacher certification requirements. |
No | ||
|
Automatic Collective Bargaining Exemption |
Rhode Island law only exempts mayorial academies from the district collective bargaining agreement. However, the law provides that other charter schools are bound by the district collective bargaining agreement unless they negotiate exemptions. |
3
The state law exempts some schools from existing collective bargaining agreements, but not others (but allows those not exempted to apply for exemptions).
3
9
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14A. Charter schools authorized by non-local board authorizers are exempt from participation in district collective bargaining agreements. |
Some | ||
|
14B. Charter schools authorized by local boards are exempt from participation in district collective bargaining agreements. |
N/A | ||
|
Multi-School Charter Contracts and/or Multi-Charter Contract Boards Allowed |
Rhode Island Law is silent regarding these arrangements. |
1
The state law is silent regarding these arrangements. OR The state law explicitly allows either of these arrangements but does not require each school to be independently accountable for fiscal and academic performance. OR The state law explicitly allows these arrangements for some schools but not others.
1
1
|
|
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15A. Oversee multiple schools linked under a single contract with independent fiscal and academic accountability for each school. |
No | ||
|
15B. Hold multiple charter contracts with independent fiscal and academic accountability for each school. |
No | ||
|
Extra-Curricular and Interscholastic Activities Eligibility and Access |
Rhode Island law is silent regarding charter eligibility and access. |
1
The state law is silent about charter eligibility and access.
1
1
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|
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16A. Laws or regulations explicitly state that charter school students and employees are eligible to participate in all interscholastic leagues, competitions, awards, scholarships, and recognition programs available to non-charter public school students and employees. |
No | ||
|
16B. Laws or regulations explicitly allow charter school students in schools not providing extra-curricular and interscholastic activities to have access to those activities at non-charter public schools for a fee by a mutual agreement. |
No | ||
|
Clear Identification of Special Education Responsibilities |
Rhode Island law addresses special education, but is unclear about responsibility for providing services and funding for low-incident, high- cost services. It states that charter schools are subject to the same special education requirements as traditional public schools, and are thus responsible for providing special education services as required by law. |
1
The state law addresses special education, but is unclear about responsibility for providing services and funding for low-incident, high- cost services.
2
2
|
|
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17A. Clarity regarding which entity is the local education agency (LEA) responsible for providing special education services. |
No | ||
|
17B. Clarity regarding funding for low-incident, high-cost services for charter schools (in the same amount and/or in a manner similar to other LEAs). |
No | ||
|
Equitable Operational Funding and Equal Access to All State and Federal Categorical Funding |
Rhode Island law provides a formula for determing funding for charter schools. In practice, Rhode Island provides funding to charter schools directly from a separate state appropriation. While the law grants charter schools access to federal funding, clear guidance from the state is not explicitly required. |
1
The state law includes a small number of the model law's provisions for equitable operational funding and equal access to all state and federal categorical funding.
3
3
|
|
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18A. Equitable operational funding statutorily driven. |
No | ||
|
18B. Equal access to all applicable categorical federal and state funding, and clear guidance on the pass-through of such funds. |
Some | ||
|
18C. Funding for transportation similar to school districts. |
No | ||
|
Equitable Access to Capital Funding and Facilities |
Rhode Island law provides that a school district may access aid for reimbursement of school housing costs for school district sponsored charter schools, and that charter schools not sponsored by a school district may apply for 30% reimbursement of school housing cost on a need basis. |
1
The state law includes a small number of the model law's provisions for equitable access to capital funding and facilities.
3
3
|
|
|
19A. A per-pupil facilities allowance which annually reflects actual average district capital costs. |
No | ||
|
19B. A state grant program for charter school facilities. |
No | ||
|
19C. A state loan program for charter school facilities. |
No | ||
|
19D. Equal access to tax-exempt bonding authorities or allow charter schools to have their own bonding authority. |
No | ||
|
19E. A mechanism to provide credit enhancement for public charter school facilities. |
No | ||
|
19F. Equal access to existing state facilities programs available to non-charter public schools. |
Some | ||
|
19G. Right of first refusal to purchase or lease at or below fair market value a closed, unused, or underused public school facility or property. |
No | ||
|
19H. Prohibition of facility-related requirements stricter than those applied to traditional public schools. |
No | ||
|
Access to Relevant Employee Retirement Systems |
Rhode Island law requires all charter schools to participate in the relevant employee retirement systems, except for mayoral academy charter schools, which have the option to participate. |
3
The state law provides that charter schools have access and an option by virtue of how they hire their employees. OR The state law requires participation in the relevant employee retirement systems, unless at the time of application, it has a retirement program which covers the employees or the employee is currently enrolled in another retirement program. OR The state law provides some charter schools with the option to participate in the relevant state employee retirement systems, but not others.
2
6
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20A. Charter schools have access to relevant state retirement systems available to other public schools. |
Yes | ||
|
20B. Charter schools have the option to participate (i.e., not required). |
Some |