House Bill #6084 (2019)

AN ACT RELATING TO EDUCATION -- EDUCATION ACCOUNTABILITY ACT

Provides for greater school-based management at the school level and expands the duties of school improvement teams and establishes a new chapter on education accountability.

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  • 2019 – H 6084
  • 2019 – H 6084 SUBSTITUTE A
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  • LC002601
  • LC002601/SUB A/2
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO EDUCATION – EDUCATION ACCOUNTABILITY ACT
  • Introduced By: Representatives Amore, Mattiello, Shekarchi, Edwards, and
  • Blazejewski
  • Date Introduced: May 09, 2019
  • Referred To: House Health, Education & Welfare
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 16-1-5 of the General Laws in Chapter 16-1 entitled "State Department of Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"is hereby amended to read as follows:
  • 16-1-5. Duties of commissioner of elementary and secondary education.
  • It shall be the duty of the commissioner of elementary and secondary education:
  • (1) To carry out the policies and program formulated by the board of regents for elementary and secondary education.
  • (2) To evaluate credentials of applicants for certificates, to verify that the certification of teachers is in accordance with law and established standards, and to issue certificates at the direction of the board.
  • (3) To certify the approvalof accredited schools.
  • (4) To recommend to the board an outline of the subjects and courses of study and the instructional standards for elementary and secondary schools.
  • (5) To approve the distribution of state school funds in accordance with law and the regulations of the board.
  • (6) To verify that school sites and school building plans are in accordance with law and regulations.
  • (7) To exercise supervision over school libraries and library services.
  • (8) To certify that school bus routes and schedules and all contracts for pupil transportation conform with provisions of law and the rules and regulations of the board.
  • (9) To require the observance of alllaws relating to schools and education.
  • (10) To interpret school law and to decide such controversies as may be appealed to the commissioner from decisions of local school committees.
  • (11) To prepare and recommend standard forms for the use of localschools.
  • (12)(i) To prepare, with the assistance of the department of administration, manuals of uniform budgetary and standard financial records and procedures for local school officers. The board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989, and those procedures should include, at a minimum, the following:
  • (A) Provision for uniform classification of revenues and expenditures;
  • (B) Requirements of detailed expenditure estimates and a table of organization including the proposed staffing of each school;
  • (C) Estimates of receipts and expenditures for the last two (2) completed fiscalyears, the current and ensuing fiscal years; and
  • (ii) To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000) not otherwise appropriated shall be included in the appropriation made to support the department of elementary and secondary education.
  • (13) To receive general supervision from the board of regents for elementary and secondary education and to appoint the several officers and employees of the department subject to the provisions of the State Merit System Act, chapters 3 and 4 of title 36.
  • (14) To establish health education, alcohol and substance abuse programs for students in grades kindergarten (K) through twelve (12), in accordance with § 35-4-18. The program will consist of the following: A mandated state health education, alcohol and substance abuse, curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in the areas of health, fitness, alcoholand substance abuse, and an in-service training program which will be developed specifically for the implementation of the mandated curriculum.
  • (15)(i) To appoint a three (3) member committee for the purpose of choosing a "teacher of the year" among teachers in public school grades kindergarten (K) through twelve (12). The "teacher of the year"shallreceive an award of one thousand dollars ($1,000).
  • (ii) It is the intent of the general assembly that the funds necessary to carry out the provisions of this subdivision shall be provided within the annualappropriations act.
  • (16) To institute a process to review, revise, and adopt statewide academic standards that align with state assessments for the core subjects of mathematics, English language arts, science and technology, history and social studies, world languages, and the arts, pursuant to § 16-22-30.
  • LC002601 - Page 2of 25
  • (17) To institute a process for adapting, adopting, and developing curriculum frameworks for mathematics, English language arts, science and technology, history and social studies, world languages, and the arts covered by the academic standards, pursuant to §§ 16-22-30 and 16-22- 31.
  • (18) To institute a process for reviewing and identifying high-quality curriculum and materials in mathematics, English language arts, and science and technology, pursuant to § 16-22- 31.
  • (16) To institute a process to review, revise, and adopt statewide academic standards that align with state assessments for the core subjects of mathematics, English language arts, science and technology, history and social studies, world languages, and the arts.
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  • (17) To institute a process for adapting, adopting, and developing curriculum frameworks for mathematics, English language arts, science and technology, history and social studies, world languages, and the arts covered by the academic standards.
  • (18) To institute a process for reviewing and identifying high-quality curriculum and materials in mathematics, English language arts, and science and technology.
  • (19) To prepare each year a plan for providing statewide assistance in the preparation and implementation of professional development plans.
  • SECTION 2. Sections 16-2-9 and 16-2-11 of the General Laws in Chapter 16-2 entitled "School Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"are hereby amended to read as follows:
  • 16-2-9. General powers and duties of school committees.
  • (a) Unless the responsibility is otherwise delegated by this chapter, the The entire care, control, and management of all public school interests of the several cities and towns shall be vested in the school committees of the several cities and towns. Schoolcommittees shallhave, in addition to those enumerated in this title, the following powers and duties:
  • (1) To identify educational needs in the community.
  • (2) To develop education policies to meet the needs of the community.
  • (3) To provide for and assure the implementation of federal and state laws, the regulations of the board of regents for elementary and secondary education, and of local school policies, programs, and directives.
  • (4) To provide for the evaluation of the performance of the schoolsystem.
  • (5) To have responsibility for the care and controlof localschools.
  • (6) To have overall policy responsibility for the employment and discipline of school department personnel.
  • (7) To approve a master plan defining goals and objectives of the school system. These goals and objectives shall be expressed in terms of what men and women should know and be able to do as a result of their educational experience. The committee shall periodically evaluate the efforts and results of education in light of these objectives.
  • (8) To provide for the location, care, control, and management of school facilities and equipment.
  • (9) To adopt a schoolbudget to submit to the localappropriating authority.
  • (10) To adopt any changes in the school budget during the course of the schoolyear.
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  • (11) To approve expenditures in the absence of a budget, consistent with state law.
  • (12) To employ a superintendent of schools and assign any compensation and other terms and conditions as the school committee and superintendent shall agree, provided that in no event shall the term of employment of the superintendent exceed three (3) years. Nothing contained in this chapter shall be construed as invalidating or impairing a contract of a school committee with a schoolsuperintendent in force on May 12, 1978.
  • (11) To approve expenditures in the absence of a budget, consistent with state law.
  • (12) To employ a superintendent of schools and assign any compensation and other terms
  • LC002601/SUB A/2 - Page 3of 23 and conditions as the school committee and superintendent shall agree, provided that in no event shall the term of employment of the superintendent exceed three (3) years. Nothing contained in this chapter shall be construed as invalidating or impairing a contract of a school committee with a schoolsuperintendent in force on May 12, 1978.
  • (13) To give advice and consent on the appointment by the superintendent of all school department personnel.
  • (14)(13) To establish minimum standards for personnel, to adopt personnel policies, and to approve a table of organization.
  • (15)(14) To establish standards for the evaluation of personnel.
  • (16)(15) To establish standards for conduct in the schools and for disciplinary actions.
  • (17)(16) To hear appeals from disciplinary actions.
  • (18)(17) To enter into contracts; provided, however, that notwithstanding any other provision of the general or public laws, whether of specific or general application, and notwithstanding the provisions of any charter of any municipality where the school committee is appointed and not elected, but not including, the Central Falls school district board of trustees established by § 16-2-34, the power and duty to enter into collective bargaining agreements shall be vested in the chief executive officer of the municipality and not in the schoolcommittee.
  • (19)(18) To publish policy manuals which shall include all school committee policies.
  • (20)(19) To establish policies governing curriculum, courses of instruction, and text books.
  • (21)(20) To provide for transportation services which meet or exceed standards of the board of regents for elementary and secondary education.
  • (22)(21) To make any reports to the department of education as are required by the board of regents for elementary and secondary education.
  • (23)(22) To delegate, consistent with law, any responsibilities to the superintendent as the committee may deem appropriate.
  • (24)(23) To address the health and wellness of students and employees.
  • (25)(24) To establish a subcommittee of the school board or committee to decrease obesity and address school health and wellness policies for students and employees consistent with § 16-21-28.
  • (26)(25) To annually undertake a minimum of six (6) hours of professional development as set forth and described in § 16-2-5.1.
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  • (b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or to allow any school committee to abrogate any agreement reached by collective bargaining.
  • (c) The elected school committees of each city, town, or regional school district, or the chief executive officer of any municipality having an appointed school committee, shall have the power to bind their successors and successor committees by entering into contracts of employment in the exercise of their governmentalfunctions.
  • (d) Notwithstanding any provisions of the general laws to the contrary, the requirement defined in subsections (d) through (f) of this section shall apply. The school committee of each school district shall be responsible for maintaining a school budget which does not result in a debt.
  • (e) The school committee shall, within thirty (30) days after the close of the first and second quarters of the state's fiscal year, adopt a budget as may be necessary to enable it to operate without incurring a debt, as described in subsection (d).
  • (f) In the event that any obligation, encumbrance, or expenditure by a superintendent of schools or a schoolcommittee is in excess of the amount budgeted or that any revenue is less than the amount budgeted, the school committee shall within five (5) working days of its discovery of potential or actual over expenditure or revenue deficiency submit a written statement of the amount of and cause for the over obligation or over expenditure or revenue deficiency to the city or town council president and any other person who by local charter or statute serves as the city or town's executive officer; the statement shall further include a statement of the school committee's plan for corrective actions necessary to meet the requirements of subsection (d). The plan shall be approved by the auditor general and also submitted to the division of municipal finance.
  • (g) Notwithstanding any other provision of law, whether of general or specific application, and notwithstanding any contrary provision of any city or town charter or ordinance, the elected school committee of any city, town and regional school district shallbe, and is hereby authorized to retain the services of such independent legal counselas it may deem necessary and convenient. Any counsel so retained shall be compensated out of funds duly appropriated to the school committee, and in no event shall the independent counselbe deemed to be an employee of the pertinent city or town for any purpose.
  • 16-2-11. General powers and duties of superintendent.
  • (a) The superintendent of schools employed in accordance with the provisions of this chapter shall, under the direction of the school committee, have the care and supervision of the
  • LC002601 - Page 5of 25 public schools and shall be the chief administrative agent of the school committee. The superintendent shall have any duties as are defined in this section and in this title and any other duties as may be determined by the school committee, and shall perform any other duties as may be vested in him or her by law. In addition to the care and supervision of public schools and the appointment of employees of the district, it shall be the duty of the superintendent:
  • (b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or
  • LC002601/SUB A/2 - Page 4of 23 to allow any school committee to abrogate any agreement reached by collective bargaining.
  • (c) The elected school committees of each city, town, or regional school district, or the chief executive officer of any municipality having an appointed school committee, shall have the power to bind their successors and successor committees by entering into contracts of employment in the exercise of their governmentalfunctions.
  • (d) Notwithstanding any provisions of the general laws to the contrary, the requirement defined in subsections (d) through (f) of this section shall apply. The school committee of each school district shall be responsible for maintaining a school budget which does not result in a debt.
  • (e) The school committee shall, within thirty (30) days after the close of the first and second quarters of the state's fiscal year, adopt a budget as may be necessary to enable it to operate without incurring a debt, as described in subsection (d).
  • (f) In the event that any obligation, encumbrance, or expenditure by a superintendent of schools or a school committee is in excess of the amount budgeted or that any revenue is less than the amount budgeted, the school committee shall within five (5) working days of its discovery of potential or actual over expenditure or revenue deficiency submit a written statement of the amount of and cause for the over obligation or over expenditure or revenue deficiency to the city or town council president and any other person who by local charter or statute serves as the city or town's executive officer; the statement shall further include a statement of the school committee's plan for corrective actions necessary to meet the requirements of subsection (d). The plan shall be approved by the auditor general and also submitted to the division of municipal finance.
  • (g) Notwithstanding any other provision of law, whether of general or specific application, and notwithstanding any contrary provision of any city or town charter or ordinance, the elected school committee of any city, town and regional school district shallbe, and is hereby authorized to retain the services of such independent legal counselas it may deem necessary and convenient. Any counsel so retained shall be compensated out of funds duly appropriated to the school committee, and in no event shall the independent counselbe deemed to be an employee of the pertinent city or town for any purpose.
  • 16-2-11. General powers and duties of superintendent.
  • (a) The superintendent of schools employed in accordance with the provisions of this chapter shall, under the direction of the school committee, have the care and supervision of the public schools and shall be the chief administrative agent of the school committee. The superintendent shall have any duties as are defined in this section and in this title and any other
  • LC002601/SUB A/2 - Page 5of 23 duties as may be determined by the school committee, and shall perform any other duties as may be vested in him or her by law. In addition to the care and supervision of public schools and the appointment of employees of the district, it shall be the duty of the superintendent:
  • (1) To implement policies established by the schoolcommittee.
  • (2) To recommend educational plans, policies, and programs to meet the needs of the district.
  • (3) To recommend policies governing curriculum, courses of instruction, textbooks, and transportation of students.
  • (4) To comply with provisions of federal and state law and local charter provisions and ordinances.
  • (5) To have administrative responsibility for the school system.
  • (6) To oversee the care, control, and management of school facilities and equipment. To appoint principals for each public school within the district at levels of compensation determined in accordance with policies established by the school committee.
  • (7) To appoint all school department personnel with the consent of the schoolcommittee. To appoint administrators and other personnel not assigned to individual schools at levels of compensation determined in accordance with policies established by the school committee and collective bargaining agreements.
  • (7) To appoint all school department personnel with the consent of the schoolcommittee. To appoint administrators and other personnel not assigned to individual schools. Also, to appoint, at the recommendation of the principal, personnel at individual schools in accordance with policies established by school district policies and collective bargaining agreements.
  • (8) To administer oversee the personnelfunction of the schooldepartment consistent with personnel standards, policies, and the table of organization established by the school committee.
  • (9) To provide for the evaluation of department personnel appointed by the superintendent.
  • (10) To prepare a schoolbudget for consideration by the school committee.
  • (11) To authorize purchases consistent with the adopted school budget, policies and directives of the school committee, and applicable municipal policies, ordinances, and charter provisions.
  • (12) To be responsible for keeping the records of the schoolsystem.
  • (13) To report to the school committee on a regular basis the financial condition of the school system.
  • (14) To be responsible for oversee discipline in the school system.
  • (15) To evaluate all schools within the school system and to report to the school committee the conformity with regulations of the board of regents and the policies, programs, and
  • LC002601 - Page 6of 25 directives of the schoolcommittee.
  • (16) To report to the school committee on the operation of the school system, including an annualreport on the district's progress.
  • (15) To evaluate all schools within the school system and to report to the school committee the conformity with regulations of the board of regents and the policies, programs, and directives of the schoolcommittee.
  • (16) To report to the school committee on the operation of the school system, including
  • LC002601/SUB A/2 - Page 6of 23 an annualreport on the district's progress.
  • (b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28, or to allow any school superintendent to abrogate any agreement reached by collective bargaining.
  • (c) If at any time during the fiscal year the superintendent of schools determines, or is notified by the city or town chief charter officer or treasurer, that the estimated schoolexpenses may exceed all revenue appropriated by the state or city or town or otherwise for public schools in the city or town, the superintendent of schools shall recommend to the school committee and shall, in order to provide for continuous regular public school operations consistent with the requirements of § 16-2-2 without regard to financial conditions, subsequently report to the city or town treasurer and chief charter officer what action will be taken to prevent an excess of expenditures, encumbrances, and accruals over revenues for public schools in the city or town.
  • SECTION 3. Chapter 16-2 of the General Laws entitled "School Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"is hereby amended by adding thereto the following section:
  • 16-2-11.1. General powers and duties of school principals.
  • (a) Principals employed under this section shall be the educational administrators and managers of their schools and shall supervise the operation and management of their schools and school property, subject to the supervision and direction of the superintendent. The principalshall have any duties as are defined in this section and in this title and shallperform any other duties as may be vested in him or her by law. In addition to serving as the educational administrator and manager of his or her school, it shall be the duty of the principal:
  • (1) In consultation with the school improvement team, to hire all teachers, athletic coaches, instructional or administrative aides, and other personnel assigned to the school, consistent with district personnel policies, collective bargaining agreements, and budgetary restrictions, and subject to the approvalof the superintendent.
  • (2) To terminate any teachers, athletic coaches, instructional or administrative aides, and other personnel assigned to the school, consistent with district personnel policies, collective bargaining agreements and budgetary restrictions, subject to review and prior approval by the superintendent and subject to the provisions of this chapter.
  • (1) In consultation with the school improvement team, to recommend the hiring of all teachers, athletic coaches, instructional or administrative aides, and other personnel assigned to the school, consistent with district personnel policies, collective bargaining agreements, and budgetary restrictions, and subject to the approval of the superintendent. Provided, that the hiring of employees may not interfere with the layoff or recall rights provided in collective bargaining agreements and the provisions of §16-13-6.
  • (2) To recommend the termination of any teachers, athletic coaches, instructional or administrative aides, and other personnel assigned to the school, consistent with district personnel policies, collective bargaining agreements and budgetary restrictions, subject to review and prior approval by the superintendent and subject to the provisions of this chapter.
  • (3) To oversee the care, control, and management of schoolfacilities and equipment.
  • (4) In consultation with the school improvement team, to prepare a school budget for
  • LC002601 - Page 7of 25 consideration by the superintendent.
  • LC002601/SUB A/2 - Page 7of 23 consideration by the superintendent.
  • (5) To provide for the evaluation of personnel assigned to the school, including all teachers, consistent with the standards developed by the school committee pursuant to § 16-2- 9(a)(14).
  • (6) In cooperation with the district's leadership, to initiate a performance review plan for the school and for individual teachers.
  • (b) It shall be the responsibility of the principal, in consultation with professional staff of the building, to promote participatory decision making among all professional staff for the purpose of developing educational policy.
  • (c) Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28, or to allow any school principal to abrogate any agreement reached by collective bargaining.
  • (d) Recognizing that there may be a transition period necessary to implement the provisions of this section, all local education agencies, as defined in chapter 97.1 of title 16, shall ensure that the implementation of the powers and duties of school principals as provided by this section are adopted and implemented as soon as practical, but no later than August 1, 2021.
  • SECTION 4. Sections 16-53.1-2 and 16-53.1-3 of the General Laws in Chapter 16-53.1 entitled "Rhode Island School Improvement Team Act"are hereby amended to read as follows:
  • 16-53.1-2. Establishment of school improvement teams.
  • (a)(1) The school board or school committees of the cities and towns shall establish a school improvement team for each school in the district, and shall develop procedures for the election and appointment of school improvement team members. Each school improvement team shall be composed of the principal and an appropriately balanced number of teachers, education support employees, students, parents, and other business and community citizens who are representative of the ethnic, racial, and economic community served by the school, provided that vocational-technical center and high school school-improvement teams shall include students, and middle and junior high school school-improvement teams may include students. Members representing teachers, education support employees, students, and parents shall be selected by their peer groups at the school in a fair and equitable manner. At the middle and high school levels, where there are designated department heads, those department heads willalso be included on the school improvement team.
  • (2) Business and other community members shallbe selected by the schoolaccording to a procedure established by the school board. The school board shall review the membership composition of each school improvement team. Should the school board determine that the membership elected by the school is not representative of the ethnic, racial, and economic community served by the school, the board shall appoint additional members to achieve proper representation. For the purposes of school improvement teams, the term "teacher" includes classroom teachers, certified student services personnel, and media specialists. For purposes of this subsection, "education support employee" means any person employed by a school who is not defined as instructional or administrative personnel pursuant to law and whose duties require
  • LC002601 - Page 8of 25 twenty (20) or more hours in each normalworking week.
  • (a)(1) The school board or school committees of the cities and towns shall establish a school improvement team for each school in the district, and shall develop procedures for the election and appointment of school improvement team members. Each school improvement team shall be composed of the principal and an appropriately balanced number of teachers, education support employees, students, parents, and other business and community citizens who are representative of the ethnic, racial, and economic community served by the school, provided that vocational-technical center and high school school-improvement teams shall include students, and middle and junior high school school-improvement teams may include students. Members representing teachers, education support employees, students, and parents shall be selected by their peer groups at the school in a fair and equitable manner. At the middle and high school levels, where there are designated department heads, those department heads willalso be included on the school improvement team. At a minimum, these school improvement teams at this middle and high school level shall include at least one department head from a humanities subject area and at least one department head from one of the science, technology, engineering, or mathematics subject areas.
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  • (2) Business and other community members shallbe selected by the schoolaccording to a procedure established by the school board. The school board shall review the membership composition of each school improvement team. Should the school board determine that the membership elected by the school is not representative of the ethnic, racial, and economic community served by the school, the board shall appoint additional members to achieve proper representation. For the purposes of school improvement teams, the term "teacher" includes classroom teachers, certified student services personnel, and media specialists. For purposes of this subsection, "education support employee" means any person employed by a school who is not defined as instructional or administrative personnel pursuant to law and whose duties require twenty (20) or more hours in each normalworking week.
  • (b) The school board may establish a district school improvement team representative of the district and composed of teachers, students, parents, and other citizens or a district school improvement team which may be comprised of representatives of each schoolimprovement team.
  • 16-53.1-3. Duties of the school improvement teams.
  • Each school improvement team shall perform any functions that are prescribed by regulations of the school board or school committee; no school improvement team shallhave any of the powers and duties now reserved by law to the school board. Each school improvement team shall assist in the preparation and evaluation of the school improvement plans and shall provide any assistance that the principal may request in preparing the school's annualbudget and plan as required by law.
  • (a) The school improvement team, including the school principal, shall meet regularly and shall assist in the identification of the educational needs of the students attending the school, make recommendations to the principal for the development, implementation and assessment of a curriculum accommodation plan, and shall assist in the review of the annual school budget and in the formulation of a schoolimprovement plan, as provided below.
  • (b) The principal of each school, in consultation with the school improvement team established pursuant to this section, shall on an annual basis, develop and submit to the district superintendent a plan for improving student performance. The superintendent shall review and approve the plan, after consultation with the school committee. Plans shall be prepared in a manner and form prescribed by the department of elementary and secondary education and shall conform to any policies and practices of the district consistent therewith. If the superintendent does not approve a plan submitted by the principal, the plan shallbe returned to the principalwho shall, after consultation with the school improvement team, resubmit the plan to the superintendent who shall review and approve the resubmitted plan, after consultation with the school committee.
  • (c) Nothing contained in this section shall prevent the school committee from granting a school improvement team additional authority in the area of educational policy; provided, however, that school improvement teams shall have no authority over the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28; and provided further, that, school improvement teams have no authority to abrogate any agreement reached by collective bargaining.
  • SECTION 5. Section 16-59-6 of the General Laws in Chapter 16-59 entitled "Councilon Postsecondary Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"
  • LC002601 - Page 9of 25 is hereby repealed.
  • 16-59-6. Commissioner of postsecondary education.
  • The council on postsecondary education, with approval of the board, shall appoint a commissioner of postsecondary education, who shall serve at the pleasure of the council, provided that his or her initial engagement by the council shall be for a period of not more than three (3) years. For the purpose of appointing, retaining, or dismissing a commissioner of postsecondary education, the governor shall serve as an additional voting member of the council. The position of commissioner shall be in the unclassified service of the state and he or she shall serve as the chief executive officer of the council on postsecondary education, the chief administrative officer of the office of postsecondary commissioner, and the executive director of the division of higher education assistance. The commissioner of postsecondary education shall have any duties that are defined in this section and in this title and other additional duties as may be determined by the council, and shall perform any other duties as may be vested in him or her by law. In addition to these duties and general supervision of the office of postsecondary commissioner and the appointment of the several officers and employees of the office, it shallbe the duty of the commissioner of postsecondary education:
  • (1) To develop and implement a systematic program of information gathering, processing, and analysis addressed to every aspect of higher education in the state, especially as that information relates to current and future educationalneeds.
  • (2) To prepare a strategic plan for higher education in the state aligned with the goals of the board of education's strategic plan; to coordinate the goals and objectives of the higher public education sector with the goals of the council on elementary and secondary education and activities of the independent higher education sector where feasible.
  • (3) To communicate with, and seek the advice of those concerned with, and affected by the board of education's and council's determinations.
  • (4) To implement broad policy as it pertains to the goals and objectives established by the board of education and council on postsecondary education; to promote better coordination between higher public education in the state, independent higher education in the state as provided in subdivision (10) of this section, and pre k-12 education; to assist in the preparation of the budget for public higher education; and to be responsible, upon direction of the council, for the allocation of appropriations, the acquisition, holding, disposition of property.
  • (5) To be responsible for the coordination of the various higher educational functions of the state so that maximum efficiency and economy can be achieved.
  • (6) To assist the board of education in preparation and maintenance of a five-year (5) strategic funding plan for higher education; to assist the council in the preparation and presentation annually to the state budget officer in accordance with § 35-3-4 of a total, public higher educational budget.
  • (7) To recommend to the council on postsecondary education, after consultation with the presidents, a clear and definitive mission for each public institution of higher learning.
  • (8) To annually recommend to the council on postsecondary education, after consultation with the presidents, the creation, abolition, retention, or consolidation of departments, divisions, programs, and courses of study within the public colleges and universities to eliminate unnecessary duplication in public higher education, to address the future needs of public higher education in the state, and to advance proposals recommended by the presidents of the public colleges and universities pursuant to §§ 16-32-2.1, 16-33-2.1 and 16-33.1-2.1.
  • (9) To supervise the operations of the office of postsecondary commissioner, including the division of higher education assistance, and any other additional duties and responsibilities that may be assigned by the council.
  • (10) To perform the duties vested in the council with relation to independent higher educational institutions within the state under the terms of chapter 40 of this title and any other laws that affect independent higher education in the state.
  • (11) To be responsible for the administration of policies, rules, and regulations of the council on postsecondary education with relation to the entire field of higher education within the state, not specifically granted to any other department, board, or agency and not incompatible with law.
  • (12) To prepare standard accounting procedures for public higher education and allpublic colleges and universities.
  • (13) To carry out the policies and directives of the board of education and the councilon postsecondary education through the office of postsecondary commissioner and through utilization of the resources of the public institutions of higher learning.
  • (14) To enter into interstate reciprocity agreements regarding the provision of postsecondary distance education; to administer such agreements; to approve or disapprove applications to voluntarily participate in such agreements from postsecondary institutions that have their principal place of business in Rhode Island; and to establish annual fees, with the approval of the council on postsecondary education, for aforesaid applications to participate in an interstate postsecondary distance education reciprocity agreement.
  • (15) To the extent necessary for participation, and to the extent required and stated in any distance learning reciprocity agreement, to implement procedures to address complaints received from out-of-state students in connection with, or related to, any Rhode Island postsecondary institution, public or private, that has been approved to participate in said reciprocity agreement.
  • (16) To exercise all powers and duties of the division of higher education assistance as set forth under the terms of chapter 57 of this title.
  • SECTION 6. Section 16-60-6 of the General Laws in Chapter 16-60 entitled "Councilon Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"is hereby amended to read as follows:
  • (b) The principal of each school, in consultation with the school improvement team established pursuant to this chapter, shall, on an annual basis, develop and submit to the district superintendent a plan for improving student performance. The superintendent shall review and approve the plan, after consultation with the school committee. Plans shall be prepared in a manner and form prescribed by the department of elementary and secondary education and shall conform to any policies and practices of the district consistent therewith. If the superintendent does not approve a plan submitted by the principal, the plan shallbe returned to the principalwho shall, after consultation with the school improvement team, resubmit the plan to the superintendent who shall review and approve the resubmitted plan after consultation with the
  • LC002601/SUB A/2 - Page 9of 23 school committee.
  • (c) Nothing contained in this section shall prevent the school committee from granting a school improvement team additional authority in the area of educational policy; provided, however, that school improvement teams shall have no authority over the rights of teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28; and provided further, that school improvement teams have no authority to abrogate any agreement reached by collective bargaining.
  • SECTION 5. Section 16-60-6 of the General Laws in Chapter 16-60 entitled "Councilon Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"is hereby amended to read as follows:
  • 16-60-6. Commissioner of elementary and secondary education.
  • The council on elementary and secondary education, with the advice and consent of the board of education, shall appoint a commissioner of elementary and secondary education who shall serve at the pleasure of the council on elementary and secondary education, provided that the commissioner's initial engagement by the council shall be for a period of not more than three (3) years. For the purpose of appointing, retaining, or dismissing a commissioner, the governor shall serve as an additional voting member of the councilon elementary and secondary education. The position of commissioner shall be in the unclassified service of the state and he or she shall serve as the chief executive officer of the councilon elementary and secondary education and as the chief administrative officer of the department of elementary and secondary education. The commissioner of elementary and secondary education shallhave the duties that are defined in this section and in this title and any other additional duties that may be determined by the council on elementary and secondary education, and shallperform any other duties that may be vested in the commissioner by law. In addition to the general supervision of the department of elementary and secondary education and the appointment of the several officers and employees of the department, it shall be the duty of the commissioner of elementary and secondary education:
  • (1) To develop and implement a systematic program of information gathering, processing, and analysis addressed to every aspect of elementary and secondary education in the state, especially as that information relates to current and future educationalneeds.
  • (2) To prepare a master plan for elementary and secondary education in the state; to coordinate the goals and objectives of the public elementary and secondary education sector with the activities of the nonpublic elementary and secondary education sector where feasible.
  • (3) To communicate with and seekthe advice of those concernedwith and affectedbythe board of education's and the council's determinations.
  • (4) To implement broad policy as it pertains to the goals and objectives established by the board of education; to enforce standards and to exercise general supervision over public elementary and secondary education in the state and over allelementary and secondary nonpublic education in the state as provided in subdivision (8) of this section; to assist in the preparation of the budget for elementary and secondary education and to be responsible upon direction of the council on elementary and secondary education for the allocation of appropriations, the acquisition, holding, disposition, and generalmanagement of property.
  • (3) To communicate with and seekthe advice of those concernedwith andaffectedby the board of education's and the council's determinations.
  • (4) To implement broad policy as it pertains to the goals and objectives established by the board of education; to enforce standards and to exercise general supervision over public elementary and secondary education in the state and over allelementary and secondary nonpublic education in the state as provided in subdivision (8) of this section; to assist in the preparation of the budget for elementary and secondary education and to be responsible upon direction of the council on elementary and secondary education for the allocation of appropriations, the acquisition, holding, disposition, and generalmanagement of property.
  • (5) To be responsible for the coordination of the various elementary and secondary educational functions among the educational agencies of the state including local school districts and to encourage and to assist in the cooperation among them so that maximum efficiency and economy may be achieved.
  • (6) To assist the council on elementary and secondary education in the preparation and presentation annually to the state budget officer, in accordance with § 35-3-4, of a total state elementary and secondary educational budget which shall include, but not be limited to, the budget of the department of elementary and secondary education, subcommittees and agencies, and state aid to localschool districts.
  • (7) To supervise the operation of the department of elementary and secondary education, to have the duties as defined in § 16-1-5 and in this title or in law wherever outlined, and other additional duties and responsibilities that may be assigned by the council on elementary and secondary education.
  • (8) To perform the duties vested in the board of education and councilon elementary and secondary education with relation to nonpublic elementary and secondary educational institutions within the state under the terms of chapter 40 of this title, and other laws that affect nonpublic elementary and secondary education in the state.
  • (9) To supervise the following specific functions:
  • (i) To recommend the basic subjects and courses of study to be taught and instructional standards to be maintained in the public elementary and secondary schools in the state.
  • (ii) To recommend standards and qualifications of teachers and to issue certificates upon approval of standards and qualifications by the council on elementary and secondary education.
  • (iii) To distribute state school funds in accordance with law and regulations of the council on elementary and secondary education.
  • (iv) To certify as to the necessity of schoolconstruction and that standards and design are in accordance with law and regulations of the councilon elementary and secondary education and to approve a design for school construction throughout the state.
  • (v) To certify that school library standards and services are in accordance with law and regulations of the council on elementary and secondary education.
  • (vi) To recommend to the council on elementary and secondary education relating to the transportation of pupils to school.
  • (v) To certify that school library standards and services are in accordance with law and regulations of the council on elementary and secondary education.
  • (vi) To recommend to the council on elementary and secondary education relating to the transportation of pupils to school.
  • (vii) To require the observance of all laws relating to elementary and secondary schools and education.
  • (viii) To interpret school law and to decide any controversies that may be appealed to him or her from decisions of local school committees.
  • (ix) To prepare and recommend standard forms for the use of local schools when reporting to the department of elementary and secondary education.
  • (x) To prepare standard accounting and auditing procedures for local school districts, except for the purposes of subdivision (3) of § 16-24-2 which shall be done in conjunction with the auditor general.
  • (xi) To prepare uniform budgeting procedures for localschool districts.
  • (xii) To determine when special purpose grants made to local school districts shall be eligible for reimbursement through the school operations aid formula in accordance with chapter 7 of this title, and to designate the purpose(s) for which the local school district may use the school operations aid reimbursement, including reimbursement on local matching funds used to support the special purpose grant. The commissioner shall promulgate and adopt rules and regulations to carry out the intent of this subsection.
  • (10) To approve and accredit elementary and secondary schools in accordance with the policy and regulations of the council on elementary and secondary education.
  • (11) To be responsible for the administration of policies, rules, and regulations of the board of education and the council on elementary and secondary education with relation to the entire field of elementary and secondary education within the state not specifically granted to any other department, board, or agency and not incompatible with law.
  • (12) To receive from law enforcement agencies a list periodically of the names of Rhode Island missing children and to disseminate these lists to local school districts.
  • SECTION 7. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by adding thereto the following chapter:
  • SECTION 6. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by adding thereto the following chapter:
  • CHAPTER 97.1
  • EDUCATION ACCOUNTABILITY ACT
  • 16-97.1-1. Performances of local education agencies and individual public schools; Evaluation system; Assessment instruments; Reports.
  • (a) The board of education (the "board") shalladopt a system for evaluating, on an annual basis, the performance of both local education agencies and individual public schools. With respect to individual schools, the system shall:
  • (1) Include instruments designed to assess the extent to which schools and districts succeed in improving or fail to improve student performance, as defined by:
  • (i) Student acquisition of the skills, competencies, and knowledge called for by the academic standards and embodied in the curriculum frameworks established pursuant to § 16-22- 31 in the areas of mathematics, English language arts, science and technology, history and social studies, world languages, and the arts; and
  • (a) The board of education (the "board") shalladopt a system for evaluating, on an annual basis, the performance of both local education agencies ("LEAs") and individual public schools. The system shall:
  • (1) Include instruments designed to assess the extent to which schools and LEAs succeed in improving or fail to improve student performance, as defined by:
  • (i) Student acquisition of the skills, competencies, and knowledge called for by the academic standards and embodied in the curriculum frameworks established in the areas of mathematics, English language arts, science and technology, history and social studies, world languages, and the arts; and
  • (ii) Other gauges of student learning judged by the board to be relevant and meaningfulto students, parents, teachers, administrators, and taxpayers.
  • (2) Be designed both to measure outcomes and results regarding student performance, and to improve the effectiveness of curriculum and instruction.
  • (3) In its design and application, strike a balance among considerations of accuracy, fairness, expense, and administration.
  • (4) Employ a variety of assessment instruments on either a comprehensive or statistically valid sampling basis. Such instruments shall:
  • (i) Be criterion-referenced, assessing whether students are meeting the academic standards described in this chapter;
  • (ii) As much as is practicable, especially in the case of students whose performance is difficult to assess using conventional methods, include consideration of work samples, projects, and portfolios, and shall facilitate authentic and direct gauges of student performance;
  • (iii) Provide the means to compare student performance among the various school systems and communities in the state, and between students in other states and in other nations, especially those nations which compete with the state for employment and economic opportunities;
  • (iv) Be designed to avoid gender, cultural, ethnic, or racialstereotypes; and
  • (v) Recognize sensitivity to different learning styles and impediments to learning, which may include issues related, but not limited to, cultural, financial, emotional, health, and social factors.
  • (5) Take into account, on a nondiscriminatory basis, the cultural and language diversity of students in the state and the particular circumstances of students with specialneeds.
  • (6) Comply with federalrequirements for accommodating children with specialneeds.
  • (7) Allow all potential English-proficient students from language groups in which English language learner programs are offered opportunities for assessment of their performance in the language which best allows them to demonstrate educational achievement and mastery of academic standards and curriculum frameworks established under §§ 16-22-30 and 16-22-31. For the purposes of this section, a "potential English proficient student" shall be defined as a student who is not able to perform ordinary class work in English; provided, however, that no student shall be allowed to be tested in a language other than English for longer than three (3) consecutive years.
  • (7) Allow all potential English-proficient students from language groups in which English language learner programs are offered opportunities for assessment of their performance in the language which best allows them to demonstrate educational achievement and mastery of academic standards and curriculum frameworks.
  • (8) Identify individual schools and LEAs that need comprehensive support and improvement.
  • (b) The board shall take all appropriate action to bring about and continue the state's participation in the assessment activities of the National Assessment of EducationalProgress and in the development of standards and assessments by the New Standards Program.
  • (c) In addition, comprehensive diagnostic assessment of individual students shall be conducted at least in the fourth, eighth, and tenth or eleventh grades. Said diagnostic assessments shall identify academic achievement levels of all students in order to inform teachers, parents, administrators, and the students themselves, as to individual academic performance.
  • (d) The board shall develop procedures for updating, improving, or refining the assessment system.
  • (e) The commissioner of elementary and secondary education (the "commissioner") is authorized and directed to gather information, including the information specified herein and such other information as the board shall require, for the purposes of evaluating individual public schools, school districts, and the efficacy and equity of state and federally-mandated programs. All information gathered pursuant to this section shall be filed in the manner and form prescribed by the department of education (the "department").
  • (f) The board shall establish and maintain a data system to collect information from school districts for the purpose of assessing the effectiveness of district evaluation systems in assuring effective teaching and administrative leadership in the public schools. Such information shall be made available in the aggregate to the public; provided, however, that the following information shall be considered personnel information and shall not be subject to disclosure:
  • (1) Any data or information that school districts, the department, or both create, send, or receive in connection with an educator assessment that is evaluative in nature and that may be linked to an individual educator, including information concerning:
  • (i) An educator's formative assessment or evaluation;
  • (ii) An educator's summative evaluation or performance rating; or
  • (iii) The student learning, growth, and achievement data that may be used as part of an individual educator's evaluation.
  • (g) Each school district shall maintain individual records on every student and employee. Each student record shall contain a unique and confidential identification number, basic demographic information, program and course information, and such other information as the department shall determine necessary. Said records shall conform to parameters established by the department.
  • (h) For the purposes of improving the performance of school districts, individual public schools, and the efficacy and equity of state and federalprograms, each district shallfile with the commissioner once in each three (3) year period a comprehensive, three (3) year district improvement plan. The plan shall:
  • (1) Be developed and submitted in a manner and form prescribed by the department of education.
  • (2) To the extent feasible, be designed to fulfill all planning requirements of state and federaleducation laws.
  • (3) Include, but not be limited to:
  • (i) An analysis of student and subgroup achievement gaps in core subjects;
  • (ii) Identification of specific improvement objectives;
  • (iii) A description of the strategic initiatives the district will undertake to achieve its improvement objectives; and
  • (iv) Performance benchmarks and processes for evaluating the effect of district improvement initiatives.
  • (4) Describe the professional development activities that will support each district improvement initiative and the teacher induction and mentoring activities that will be undertaken to support successfulimplementation of the district's improvement efforts.
  • (i) On an annualbasis, not later than September 1 of each year, each district shallprepare and have available for state review an annualaction plan. The district annual action plan shall:
  • (1) Enumerate the specific activities, persons responsible, and timelines for action to be taken as part of the strategic initiatives set forth in the district's three (3) year improvement plan; and
  • (2) Identify the staff and financialresources allocated to support these activities.
  • (j) Annually, the principal of each schoolshall:
  • (1) In consultation with the school improvement team, adopt student performance goals for the schools consistent with the school performance goals established by the department of education pursuant to state and federallaw and regulations;
  • (2) Consistent with any educational policies establish for the district, assess the needs of the school in light of those goals; and
  • (3) Formulate a schoolplan to advance such goals and improve student performance. The school's plan to support improved student performance shall:
  • (i) Include, but not be limited to, the same components required for the district improvement plan;
  • (ii) Conform to department and district specifications to ensure that such school improvement plans meet state and federallaw requirements; and
  • (iii) Be submitted to the superintendent who shall review and approve the plan, after consultation with the school committee, not later than July 1 of the year in which the plan is to be implemented, according to a plan development and review schedule established by the district superintendent.
  • (k) The three (3) year comprehensive district plan, annual district action plan, and annual school improvement plan shall replace any district and school plans previously required under the general laws or regulation, which, in the professional opinion of the commissioner, would be most effectively presented as part of the coordinated district or school plan for improving student achievement. The department shall identify any additional reports or plans called for by any general law or regulation which can be incorporated into this single filing in order to reduce paperwork and eliminate duplication.
  • (1) Each school district in which more than twenty percent (20%) of the students score below level two (2) on the Rhode Island assessment system exam ("RIAS") shallsubmit a RIAS success plan to the department. The plan shall describe the school district's strategies for helping each student to master the skills, competencies, and knowledge required for the competency determination. The department shall:
  • (1) Determine the elements that shall be required to be included in such plan. These elements may include, but are not limited to, the following:
  • (i) A plan to assess each student's strengths, weaknesses and needs;
  • (ii) A plan to use summer school, after school, and other additional support to provide each child with the assistance needed; and
  • (iii) A plan for involving the parents of students.
  • (2) Examine each district's plan and determine if it has a reasonable prospect of significantly reducing the school district's failure rates.
  • (3) Coordinate oversight of the RIAS success plans with existing audit and oversight functions and with the RIAS grant program.
  • (m) Each schooldistrict shallfile a report with the department every year by a date and in a format determined by the board. Said report shall include, but not be limited to, the following:
  • (i) Include, but not be limited to, the same components required for the district improvement plan;
  • (ii) Conform to department and district specifications to ensure that such school improvement plans meet state and federallaw requirements; and
  • (iii) Be submitted to the superintendent who shall review and approve the plan, after consultation with the school committee, not later than July 1 of the year in which the plan is to be implemented, according to a plan development and review schedule established by the district superintendent.
  • (k) The three (3) year comprehensive district plan, annual district action plan, and annual school improvement plan shall replace any district and school plans previously required under the general laws or regulation, which, in the professional opinion of the commissioner, would be most effectively presented as part of the coordinated district or school plan for improving student achievement. The department shall identify any additional reports or plans called for by any general law or regulation which can be incorporated into this single filing in order to reduce paperwork and eliminate duplication.
  • (1) Each school district in which more than twenty percent (20%) of the students do not meet grade level expectations of at least proficient or its equivalent on the Rhode Island comprehensive assessment system exam ("RICAS") shall submit a RICAS success plan to the department. The plan shall describe the school district's strategies for helping each student to master the skills, competencies, and knowledge required for the competency determination. In recognition of the department's mission as a district support agency, then at the request of the district or in response to reporting data provided under this subsection, the department shall:
  • (1) Determine the elements that shall be required to be included in such plan. These elements may include, but are not limited to, the following:
  • (i) A plan to assess each student's strengths, weaknesses and needs;
  • (ii) A plan to use summer school, after school, and other additional support to provide each child with the assistance needed; and
  • (iii) A plan for involving the parents of students.
  • (2) Examine each district's plan and determine if it has a reasonable prospect of significantly reducing the school district's failure rates.
  • (3) Coordinate oversight of the RICAS success plans with existing education review and oversight functions and with the RICAS grant program.
  • (m) Each schooldistrict shallfile a report with the department every year by a date and in a format determined by the board. Said report shall include, but not be limited to, the following:
  • (1) An outline of the curriculum and graduation requirements of the district;
  • (2) Pupil/teacher ratios and class size policy and practice;
  • (3) Teacher and administrator evaluation procedures;
  • (4) Statistics, policies, and procedures relative to truancy and dropouts;
  • (5) Statistics, policies, and procedures relative to expulsions and in-school and out-of- school suspensions;
  • (6) Percent of school-age children attending public schools:
  • (7) Racialcomposition of teaching and administrative staff;
  • (8) Enrollment and average daily attendance; and
  • (9) The annual budgets and expenditures for both the district and the individualschools in the district.
  • (n) Each school district shall file a description of the following instructional procedures and programs with the department every year:
  • (1) Art and music programs;
  • (2) Technology education;
  • (3) Programs for gifted and talented students;
  • (4) Adult education programs;
  • (5) Library and media facilities;
  • (6) Condition of instructional materials including textbooks, workbooks, audio-visual materials, and laboratory materials;
  • (7) Types and condition of computers and computer software;
  • (8) Basic skills remediation programs;
  • (9) Drug, tobacco, and alcohol abuse programs;
  • (10) Multi-cultural education training for students and teachers;
  • (11) Global education; and
  • (12) Nutrition and wellness programs.
  • (o) Each school district and charter school shall file an annual report for the current school year regarding implementation with the department every November 1 in a format determined by the board. The report shallinclude, but not be limited to, the following:
  • (o) Each school district and charter school shall file an annual report for the current school year regarding implementation with the department on or before every November 1 in a format determined by the board. The report shallinclude, but not be limited to, the following:
  • (1) The number of children receiving services within each disability category;
  • (2) The number of children, by grade level, within each such disability category and the costs of services provided by each such category for such children receiving their education in a publicly operated day schoolprogram;
  • (3) The number of children, by grade level, within each such disability category and the costs of services provided by each such category for such children receiving their education in a private day setting;
  • (4) The number of children, by grade level, within each such disability category and the costs of services provided by each such category for such children receiving their education in a private residential setting;
  • (5) The number of children who remain in the regular education program full-time; the number of children who are removed from the regular classroom for up to twenty-five percent (25%) of the day; the number of children who are removed from the regular classroom between twenty-five percent (25%) and sixty percent (60%) of the day;
  • (6) The number of children who are placed in substantially separate classrooms on a regular education school site;
  • (7) The number of children, ages three (3) and four (4) who are educated in integrated and separate classrooms; and the assignment by sex, national origin, economic status, race, and religion, of children by age level to special education classes and the distribution of children residing in the district by sex, national origin, economic status, race, and religion of children by age level; and
  • (7) The number of children, ages three (3) and four (4) who are educated in integrated and separate classrooms; and the assignment by sex, nationalorigin, economic status, and race, of children by age level to special education classes and the distribution of children residing in the district by sex, national origin, economic status, and race of children by age level; and
  • (8) The number of children, by grade level, receiving special education services who have limited English proficiency.
  • (p) Each school district and charter school shall furnish in a timely manner such additional information as the department shallrequest.
  • (q) Each school district required to provide an English language learners program shall file the following information with the department annually;
  • (1) The type of English language learners programs provided;
  • (2) With regard to limited English proficient students:
  • (i) The number enrolled in each type of English language learners program;
  • (ii) The number enrolled in English as a second language who are not enrolled in another English language learners program;
  • (iii) The results of basic skills, curriculum assessment, achievement, and language proficiency testing, whether administered in English or in the native language;
  • (iv) The absentee, suspension, expulsion, dropout, and promotion rates; and
  • (v) The number of years each limited English proficient student has been enrolled in an English language learners program; and
  • (3) The number of students each year who have enrolled in institutions of higher education and were formerly enrolled in an English language learners program;
  • (4) The academic progress in regular education of students who have completed an English language learners program;
  • (4) The academic progress in regular education of students who have completed an English language learners program;
  • (5) For each limited English proficient student receiving special education, the number of years in the school district prior to special education evaluation and the movement in special education programs by program placement;
  • (6) The number of limited English proficient students enrolled in programs of occupational or vocational education;
  • (7) The name, national origin, native language, certificates held, language proficiency, grade levels, and subjects taught by each teacher of an English language learners program, bilingual aides or paraprofessionals, bilingual guidance or adjustment counselors, and bilingual school psychologists;
  • (8) The per-pupil expenditures for each full-time equivalent student enrolled in an English language learners program;
  • (9) The sources and amounts of all funds expended on students enrolled in English language learners programs, broken down by local, state, and federal sources, and whether any such funds expended supplanted, rather than supplemented, the local school district obligation;
  • (10) The participation of parents through parent advisory councils;
  • (11) Whether there were any complaints filed with any federal or state court or administrative agency, since the program's inception, concerning the compliance with federal or state minimum legal requirements, the disposition of such complaint, and the monitoring and evaluation of any such agreement or court order relative to such complaint; and
  • (12) Said information shall be filed in the form of the total for the school district as well as categorized by school, grade, and language.
  • (r) The commissioner annually shall analyze and publish data reported by school districts under this section regarding English language learners programs and limited English proficient students. Publication shall include, but need not be limited to, availability on the department's website. The commissioner shall submit annually a report to the committees of jurisdiction for education in the house of representatives and senate on such data on a statewide and school district basis including, but not limited to, by language group and type of English language learners programs.
  • 16-97.1-2. Additional duties of the department of education related to school and district accountability.
  • (a) In order to support the commissioner and the board in fulfilling their duties, the department shall use existing budgetary resources and existing personnel in its implementation of improvement plans pursuant to this section. The department shall:
  • (1) Provide a mechanism to review and report on the efforts of schools, charter schools, and school districts, including regional school districts, to improve the academic achievement of their students;
  • (s) For the purposes of this chapter, "local education agencies" shall include all of the following within the state of Rhode Island:
  • (1) Public school districts;
  • (2) Regional school districts;
  • (3) State-operated schools;
  • (4) Regional collaborative schools; and
  • (5) Charter schools and mayoralacademies.
  • 16-97.1-2. Additional duties of the department of education related to school and district accountability.
  • (a) In order to support the commissioner and the board of education (the "board") in fulfilling their duties, the department shall use existing budgetary resources and existing personnel in its implementation of improvement plans pursuant to this section. The department shall:
  • (1) Provide a mechanism to review and report on the efforts of schools, charter schools, and school districts, including regional school districts, to improve the academic achievement of their students;
  • (2) Inform and assist the board in fulfilling their broader responsibilities to promote high levels of achievement in the schools and districts of the state;
  • (3) Be, for purposes of school and district accountability, under the direction and supervision of one individual who shall be appointed by the commissioner. This individual shall be responsible for:
  • (i) The direction and supervision of the targeted assistance and intervention efforts of the department under this chapter;
  • (ii) Such assistance efforts as the commissioner deems necessary to correct deficiencies identified by the department;
  • (iii) Compliance with the accountability provisions of federallaw; and
  • (iv) Ensuring that the auditing and assistance functions of the department are aligned to promote collaboration and communication across the auditing and assistance functions.
  • (iv) Ensuring that the education reviewing and assistance functions of the department are aligned to promote collaboration and communication across the education reviewing and assistance functions.
  • (4) Ensure that school and district review teams include experienced practitioners in the field of education, except that no member shallhave been previously or currently employed by:
  • (i) The school, district, or charter schoolbeing reviewed; or
  • (ii) A district, charter school, or education collaborative serving a common student population with the school, district, or charter schoolbeing reviewed.
  • (5) Act as an auditing body, objectively reviewing the results of educationalmeasurement and tests conducted by or for the department in implementing the laws under this chapter. In executing this subsection, the department shall:
  • (i) Perform no fewer than three (3) school district reviews annually, seventy-five percent (75%) of which shall be in districts whose students achieve at low levels either in absolute terms or relative to districts that educate similar student populations. The remainder of the audits shall be divided equally among districts whose students achieve at high levels relative to districts that educate similar student populations and randomly selected districts;
  • (ii) Ensure that no school or district is reviewed during the administration of any statewide assessments;
  • (iii) Coordinate with other entities in the department to ensure that a school or district is not subject to multiple comprehensive audits or reviews by the department or any accrediting body within a nine (9) month period, unless the board specifically votes to do so on an emergency basis;
  • (iv) Have the following duties relative to school district audits:
  • (A) Objectively review the accuracy of the school and district reports by conducting or contracting for periodic program and fiscalaudits as necessary;
  • (B) Undertake inspections of schools, charter schools, and school districts, including regional school districts, to evaluate efforts to improve and support the quality of instruction and administration;
  • (C) Review the district's RIAS success plan, if one was required pursuant to law, and evaluate the implementation of that plan;
  • (D) Review the district's implementation of any RIAS grants received to develop or enhance academic support services for students scoring in level 1 or 2;
  • (E) Evaluate the alignment of curriculum and professional development plans with the state curriculum and assessments;
  • (F) Review the progress of overall student achievement;
  • (G) Evaluate student performance, school and district management, overall district governance, and any other areas deemed necessary by the department; and
  • (H) Ensure such audits are conducted in accordance with standards established by the council of elementary and secondary education;
  • (v) Following the school district audit, produce a comprehensive report detailing its findings and observations, which the commissioner shall present to the council along with any recommendations for further action to be taken by the council. After the council's receipt of the report, the commissioner shall issue recommendations to districts not requiring further action relative to methods for improving any deficiencies identified by the department. The recommendations shall be transmitted to the reviewed district's superintendent and school committee within ninety (90) days of the council's receipt of the report; and
  • (vi) Annually compile a report of best practices from the list of audits conducted that year and distribute the compiled list to all school districts in the state.
  • (6) For the purposes of any inspection or audit, have access to all necessary papers, vouchers, books, and records pertaining to a school, including a charter school, a school district, or a regional school district;
  • (7) In establishing protocols for the conduct of school or district audits, to the extent practicable, minimize the administrative burden on schools and districts by using existing, recently-compiled, or readily-available data sources. Schools, school districts, and school personnel shall cooperate with the department for any inspection or audit conducted pursuant to this section including, but not limited to, participating in interviews and producing books and documents. Each school district, including regional school districts and charter schools, shall annually file with the department, on or before October 1, a copy of its current personnel contracts and collective bargaining agreements in a form and manner prescribed by the commissioner. The department shall ensure that any noncompliance with law, misfeasance, or malfeasance shallbe referred to the commissioner for appropriate action;
  • (8) Support the commissioner and the council in carrying out their duties under sections related to underperforming schools. Nothing in this section shall be construed as limiting the ability of the department to contract with individuals, external partners, or other entities to support the assistance functions established by said sections.
  • (b) The department shall transmit its findings, audit reports, recommendations, and follow-up reports to the council on elementary and secondary education, the attorney general, and a local public library in the audited districts. The department shall report to the general assembly the results of its findings, audit report, recommendations, and follow-up reports, and file such reports with the clerks of the house of representatives and the senate, who shallforward the same to the senate president, the speaker of the house of representatives, and the committees of educational jurisdiction.
  • SECTION 8. This act shalltake effect on January 1, 2020.
  • (5) Act as an education reviewing body, objectively reviewing the results of educational measurement and tests conducted by or for the department in implementing the laws under this chapter. In executing this subsection, the department shall:
  • (i) Perform no fewer than five (5) school district education reviews annually, sixty percent (60%) of which shall be in districts whose students achieve at low levels either in absolute terms or relative to districts that educate similar student populations. The remainder of the education reviews shall be divided equally among districts whose students achieve at high levels relative to districts that educate similar student populations and randomly selected districts;
  • (ii) Ensure that no school or district is reviewed during the administration of any statewide assessments;
  • (iii) Coordinate with other entities in the department to ensure that a school or district is not subject to multiple comprehensive education reviews or reviews by the department or any accrediting body within a nine (9) month period, unless the board specifically votes to do so on an emergency basis;
  • (iv) Have the following duties relative to school district reviews:
  • (A) Objectively review the schooland district reports;
  • (B) Undertake inspections of schools, charter schools, and school districts, including regional school districts, to evaluate efforts to improve and support the quality of instruction and administration;
  • (C) Review the district's RICAS success plan, if one was required pursuant to law, and evaluate the implementation of that plan;
  • (D) Review the district's implementation of any RICAS grants received to develop or enhance academic support services for students scoring below proficient or its equivalent;
  • (E) Evaluate the alignment of curriculum and professional development plans with the state curriculum and assessments;
  • (F) Review the progress of overallstudent achievement;
  • (G) Evaluate student performance, school and district management, overall district governance, and any other areas deemed necessary by the department; and
  • (H) Ensure such education reviews are conducted in accordance with standards established by the council of elementary and secondary education;
  • (v) Following the school district's education review, produce a comprehensive report detailing its findings and observations, which the commissioner shall present to the council along with any recommendations for further action to be taken by the council. After the council's receipt of the report, the commissioner shall issue recommendations to districts not requiring further action relative to methods for improving any deficiencies identified by the department. The recommendations shall be transmitted to the reviewed district's superintendent and school committee within ninety (90) days of the council's receipt of the report; and
  • (vi) Annually compile a report of best practices from the list of education reviews conducted that year and distribute the compiled list to all school districts in the state.
  • (6) For the purposes of any inspection or education review, have access to allnecessary papers, vouchers, books, and records pertaining to a school, including a charter school, a school district, or a regional school district;
  • (7) In establishing protocols for the conduct of schoolor district education reviews, to the extent practicable, minimize the administrative burden on schools and districts by using existing, recently-compiled, or readily-available data sources. Schools, school districts, and school personnel shall cooperate with the department for any inspection or education review conducted pursuant to this section including, but not limited to, participating in interviews and producing books and documents. Each school district, including regional school districts and charter schools, shall annually file with the department, on or before October 1, a copy of its current personnel contracts and collective bargaining agreements in a form and manner prescribed by the commissioner. The department shall ensure that any noncompliance with law, misfeasance, or malfeasance shallbe referred to the commissioner for appropriate action;
  • (8) Support the commissioner and the council in carrying out their duties under sections related to underperforming schools. Nothing in this section shall be construed as limiting the ability of the department to contract with individuals, external partners, or other entities to support the assistance functions established by said sections.
  • (b) The department shall transmit its findings, education review reports, recommendations, and follow-up reports to the council on elementary and secondary education, the attorney general, and a local public library in the education reviewed districts. In addition, the department shall appear annually before the health, education and welfare committee of the house of representatives and before the senate education committee, to report on these findings, reviews, recommendations, and other reports.
  • SECTION 7. This act shalltake effect on January 1, 2020.
  • ========
  • LC002601
  • LC002601/SUB A/2
  • ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO EDUCATION – EDUCATION ACCOUNTABILITY ACT
  • ***
  • This act would provide for greater school-based management at the school level, would expand the duties of school improvement teams, and would also establish a new chapter on education accountability which provide for evaluations, assessments, and reports on the performance of both schooldistricts and individual schools.
  • This act would take effect on January 1, 2020. ======== LC002601 ========
  • This act would provide for greater school-based management at the school level, would expand the duties of principals and school improvement teams, and would also establish a new chapter on education accountability which would provide for evaluations, assessments, and education review reports on the performance of both schooldistricts and individual schools.
  • This act would take effect on January 1, 2020. ======== LC002601/SUB A/2 ========

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