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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO EDUCATION – REGIONAL VOCATIONAL SCHOOLS (SEE TITLE 16

CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT)

     Introduced By: Senators Gallo, and Pearson

     Date Introduced: February 10, 2021

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-45-6.1 of the General Laws in Chapter 16-45 entitled "Regional

Vocational Schools [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

amended to read as follows:

     16-45-6.1. Career and technical education.

     (a) The general assembly finds that career and technical education ("CTE") programs that

meet rigorous the CTE board of trustees' industry developed standards and prepare Rhode Island's

students to succeed in a wide variety of employment settings are a critical component of the state's

public education system and a necessary element of the state's economic development. CTE

programs that meet the CTE board of trustees' standards are located in the regional career and

technical education centers and comprehensive high schools and are helping students graduate high

school with the skills to secure a job with a family sustaining wage.

     (b) The general assembly further finds that the proportion of students now enrolled in such

programs is inadequate. Therefore, all Rhode Island school districts shall file a plan with the

Commissioner of Elementary and Secondary Education no later than January 1, 2006 setting forth

the means through which no fewer than forty (40) percent of their students enrolled in grades nine

(9) through twelve (12) shall be provided the opportunity to enroll in career and technical

programming that is certified by the Rhode Island Department of Education as meeting industry

standards by September 2007. to meet the needs of Rhode Island's growing economy. Rhode

Island's employers are best positioned to assist in establishing a high quality system of secondary

and postsecondary career and technical education. To assist in the development of a high-quality

system of CTE, the CTE board of trustees shall review and annually provide recommendations to

the board of education regarding issues impacting secondary and postsecondary career and

technical education, including, but not limited to, program quality, industry alignment, the effective

use of state and federal CTE funding, the allocation of CTE funding, and expenditures of CTE

funding, program outcomes, work-based learning, transportation, and graduation requirements. The

report and recommendations shall be provided to the board of education no later than October 15

of each year.

     (c) To facilitate the development of additional career and technical program offerings for

Rhode Island students that meet industry standards the department of elementary and secondary

education shall, in furtherance of the reports and studies that have been developed since 2000

setting forth recommendations for an updated system of career and technical education for the State

of Rhode Island, develop a system design that includes site assessments of all current career and

technical programs and sets forth standards and procedures for the department of elementary and

secondary education to approve programs that are developed in cooperation with business, industry

and postsecondary institutions. The department shall also develop a system design for three

additional state operated career and technical schools, in addition to the William H. Davies School

and the Metropolitan Career and Technical Center, including recommendations for a model for the

siting, building costs, operational costs and program design for each such school. The general

assembly shall appropriate funds to the department for purposes of their completion of the system

design for the statewide program approval process to industry standards and the development of

the models, siting and program design of the three additional state operated career and technical

schools.

     (d)(1) To sustain and advance the economic development of our communities, all students

retain the right to enroll in a state approved career and technical education program approved by

the CTE board of trustees in communities outside their community of residence. This right does

not apply to locally developed CTE programs, locally approved CTE programs, pathway programs,

or other programs that are not approved by the CTE board of trustees. Students shall have a right

to request enrollment and to enroll in a CTE board of trustees' approved program outside of their

community of residence when a substantially similar or same ("substantially similar") CTE board

of trustees approved program is not offered within their community of residence.

     (2) In determining whether two programs are substantially similar, the CTE board of

trustees shall consider the following factors:

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     (i) Program type;

     (ii) Information on the occupation that the student will be prepared for;

     (iii) The credentials the student will earn;

     (iv) The type of work-based learning that the student will be provided access to;

     (v) The ability to access advanced course experiences; and

     (vi) Such additional factors as the CTE board of trustees deem to be relevant, including

postsecondary attainment, industry partnerships and advisory boards, and program quality.

     (3) Effective January 15, 2022, and every year thereafter, the CTE board of trustees and

the department of elementary and secondary education shall publish a detailed list of substantially

similar CTE programs for the upcoming school year. The list will be used to support students and

their families in accessing CTE board of trustees approved career and technical education

programs. There will be a thirty (30) day period for schools and districts to appeal the substantially

similar designation to the board of education.

     (4) Students enrolled in, accepted to, or attending a state CTE board-approved program

(the "program of choice") prior to January 1, 2022, which program is outside of their home district

but which is considered to be substantially similar to a program in their home district, shall be

allowed to remain enrolled in that program of choice as set forth in subsection (j) of this section.

     (e) Students may request access to state CTE board-approved career preparation programs

outside their school district if their home district does not provide a substantially similar state

approved CTE program. If a discrepancy exists as to whether two (2) state approved programs are

substantially similar, the state CTE board shall use state CTE board program quality criteria set

forth in subsection (d) of this section to determine if the two (2) state CTE board-approved

programs are substantially similar programs. The decision of the CTE board shall be final.

     (f)(1) A student's request to enroll in an out of district state CTE board-approved career

and technical program shall not be denied, provided that:

     (i) A substantially similar program is not available in the student's home district;

     (ii) The student meets any other criteria required of all students for admission to the out of

district program and the center; and

     (iii) When there is more than one recognized CTE program in a transportation region, the

student is applying to the center which is geographically the closest program to the student's

residence.

     (g)(1) Students requesting access to state CTE board-approved career preparation programs

outside their established school transportation region may enroll in such programs which are not

substantially similar to a program in their home district. In such event, with respect to transportation

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costs, the resident's local education agency shall only be responsible for paying the resident

district's average per pupil expenditure for student transportation for all students in the district. The

receiving district shall pay any remaining balance due for transportation costs associated with the

particular student.

     (2) The sending district shall pay the average of the per-pupil expenditure of the receiving

district and sending district when paying out-of-district tuitions for students in CTE programs.

     (3) When two or more substantially similar programs are available within a student's

transportation district, that student may enroll in the program that is not geographically closest only

if the receiving district agrees to pay all the transportation costs to and from the receiving district.

     (h) All eligible CTE programs shall align to CTE board of trustees' program standards.

Programs that do not meet this standard shall not be eligible to enroll out-of-district students and

receive state or federal CTE funding.

     (i) All state CTE board-approved programs shall align to industry standards or be

associated with a nationally recognized CTE board-approved program.

     (j) Students enrolled in, accepted to, or attending a state CTE board-approved program of

choice outside of the students' home district as of January 1, 2022, shall be exempt from the

substantially similar provisions of this section and may continue to matriculate in grades nine (9)

through twelve (12) in their program of choice so that students and parents who made educational

decisions prior to January 1, 2022, shall retain the rights that were in place when they made those

decisions. If a substantially similar state-approved program is established in a student's home

district after the student has enrolled in a program of choice, the student may continue to matriculate

in grades nine (9) through twelve (12) in the student's program of choice provided the student

remains enrolled in the program. The sending district may request, and shall be provided by the

district with the chosen CTE program, information on the students' progress in programs, including

attendance and grades. The provisions of this subsection shall also apply and extend to other

siblings in the family who apply to attend the same program of choice.

     (k) Career and technical funds allocated under § 16-7.2-6 shall be used solely for the

purpose of funding improvements to state CTE board-approved career and technical education

programs and facilities or for funding related to the establishment of new career and technical

programs in our state.

     (l) The limitations related to enrollment in CTE programs contained within this chapter

shall not apply to the Metropolitan Regional Career and Technical Center or the William M. Davies,

Jr. Career and Technical High School. All eligible students, from any and all Rhode Island cities

and towns, have the right to pursue enrollment and enroll in, subject to applicable enrollment

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procedures, the Metropolitan Regional Career and Technical Center or the William M. Davies, Jr.

Career and Technical High School's programs.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION – REGIONAL VOCATIONAL SCHOOLS (SEE TITLE 16

CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT)

***

     This act would ensure that all students who wish to pursue an educational pathway in career

and technical education ("CTE") have access to high quality programs both within and outside of

their community of residence. This act would provide that the CTE board of trustees would

annually review and provide recommendations to the board of education on a range of career and

technical education issues, including but not limited to, program quality, the alignment of CTE

education programs to the program industry, and graduation requirements. The act also includes a

process and criteria whereby the CTE board of trustees would evaluate CTE programs to determine

which programs are substantially similar to each other. The act provides that a student could access

a state CTE board-approved program anywhere outside of their school district if their home district

does not provide a substantially similar state-approved CTE program. The act also provides for a

sharing of transportation costs between a sending and a receiving district when a student attends a

CTE program outside of the student's transportation region.

     This act would take effect upon passage.

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