2022 -- H 8062 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- EDUCATION ACCOUNTABILITY ACT

     

     Introduced By: Representatives Amore, Biah, and Barros

     Date Introduced: March 30, 2022

     Referred To: House Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-97.1-1 and 16-97.1-2 of the General Laws in Chapter 16-97.1

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entitled "Education Accountability Act" are hereby amended to read as follows:

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     16-97.1-1. Performances of local education agencies and individual public schools --

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Evaluation system -- Assessment instruments -- Reports. [Effective June 30, 2022.]

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     (a) The board of education (the "board") shall adopt a system for evaluating, on an annual

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basis, the performance of both local education agencies ("LEAs") and individual public schools.

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The system shall:

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     (1) Include instruments designed to assess the extent to which schools and LEAs succeed

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in improving or fail to improve student performance, as defined by:

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     (i) Student acquisition of the skills, competencies, and knowledge called for by the

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academic standards and embodied in the curriculum frameworks established in the areas of

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mathematics, English language arts, science and technology, history and social studies, world

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languages, and the arts; and

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     (ii) Other gauges of student learning judged by the board to be relevant and meaningful to

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students, parents, teachers, administrators, and taxpayers.

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     (2) Be designed both to measure outcomes and results regarding student performance, and

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to improve the effectiveness of curriculum and instruction.

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     (3) In its design and application, strike a balance among considerations of accuracy,

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fairness, expense, and administration.

 

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     (4) Employ a variety of assessment instruments on either a comprehensive or statistically

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valid sampling basis. Such instruments shall:

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     (i) Be criterion-referenced, assessing whether students are meeting the academic standards

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described in this chapter;

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     (ii) As much as is practicable, especially in the case of students whose performance is

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difficult to assess using conventional methods, include consideration of work samples, projects,

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and portfolios, and shall facilitate authentic and direct gauges of student performance;

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     (iii) Provide the means to compare student performance among the various school systems

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and communities in the state, and between students in other states and in other nations, especially

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those nations that compete with the state for employment and economic opportunities;

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     (iv) Be designed to avoid gender, cultural, ethnic, or racial stereotypes; and

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     (v) Recognize sensitivity to different learning styles and impediments to learning, which

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may include issues related, but not limited, to cultural, financial, emotional, health, and social

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factors.

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     (5) Take into account, on a nondiscriminatory basis, the cultural and language diversity of

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students in the state and the particular circumstances of students with special needs.

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     (6) Comply with federal requirements for accommodating children with special needs.

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     (7) Allow all potential English-proficient students from language groups in which English

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language learner programs are offered opportunities for assessment of their performance in the

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language that best allows them to demonstrate educational achievement and mastery of academic

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standards and curriculum frameworks.

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     (8) Identify individual schools and LEAs that need comprehensive support and

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improvement.

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     (b) The board shall take all appropriate action to bring about and continue the state's

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participation in the assessment activities of the National Assessment of Educational Progress and

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in the development of standards and assessments by the New Standards Program.

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     (c) In addition, comprehensive diagnostic assessment of individual students shall be

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conducted at least in the fourth, eighth, and tenth or eleventh grades. The diagnostic assessments

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shall identify academic achievement levels of all students in order to inform teachers, parents,

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administrators, and the students themselves, as to individual academic performance.

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     (d) The board shall develop procedures for updating, improving, or refining the assessment

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system.

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     (e) The commissioner of elementary and secondary education (the "commissioner") is

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authorized and directed to gather information, including the information specified herein and such

 

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other information as the board shall require, for the purposes of evaluating individual public

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schools, school districts, and the efficacy and equity of state and federally mandated programs. All

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information gathered pursuant to this section shall be filed in the manner and form prescribed by

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the department of education (the "department").

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     (f) The board shall establish and maintain a data system to collect information from school

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districts for the purpose of assessing the effectiveness of district evaluation systems in ensuring

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effective teaching and administrative leadership in the public schools. The information shall be

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made available in the aggregate to the public; provided, however, that the following information

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shall be considered personnel information and shall not be subject to disclosure:

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     (1) Any data or information that school districts, the department, or both, create, send, or

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receive in connection with an educator assessment that is evaluative in nature and that may be

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linked to an individual educator, including information concerning:

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     (i) An educator's formative assessment or evaluation;

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     (ii) An educator's summative evaluation or performance rating; or

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     (iii) The student learning, growth, and achievement data that may be used as part of an

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individual educator's evaluation.

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     (g) Each school district shall maintain individual records on every student and employee.

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Each student record shall contain a unique and confidential identification number, basic

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demographic information, program and course information, and such other information as the

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department shall determine necessary. The records shall conform to parameters established by the

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department.

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     (h) For the purposes of improving the performance of school districts, individual public

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schools, and the efficacy and equity of state and federal programs, each district shall file with the

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commissioner once in each three-year (3) period a comprehensive, three-year (3) district

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improvement plan. The plan shall:

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     (1) Be developed and submitted in a manner and form prescribed by the department of

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education.

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     (2) To the extent feasible, be designed to fulfill all planning requirements of state and

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federal education laws.

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     (3) Include, but not be limited to:

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     (i) An analysis of student and subgroup achievement gaps in core subjects;

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     (ii) Identification of specific improvement objectives;

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     (iii) A description of the strategic initiatives the district will undertake to achieve its

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improvement objectives; and

 

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     (iv) Performance benchmarks and processes for evaluating the effect of district

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improvement initiatives.

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     (4) Describe the professional development activities that will support each district

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improvement initiative and the teacher induction and mentoring activities that will be undertaken

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to support successful implementation of the district's improvement efforts.

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     (i) On an annual basis, not later than September December 1 of each year, each district

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shall prepare and have available for state review an annual action plan. The district annual action

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plan shall:

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     (1) Enumerate the specific activities, persons responsible, and timelines for action to be

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taken as part of the strategic initiatives set forth in the district's three-year (3) improvement plan;

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and

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     (2) Identify the staff and financial resources allocated to support these activities.

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     (j) Annually, the principal of each school shall:

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     (1) In consultation with the school improvement team, adopt student performance goals for

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the schools consistent with the school performance goals established by the department of

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education pursuant to state and federal law and regulations;

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     (2) Consistent with any educational policies established for the district, assess the needs of

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the school in light of those goals;

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     (3) Formulate a school plan to advance such goals and improve student performance. The

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school's plan to support improved student performance shall:

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     (i) Include, but not be limited to, the same components required for the district

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improvement plan;

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     (ii) Conform to department and district specifications to ensure that such school

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improvement plans meet state and federal law requirements; and

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     (iii) Be submitted to the superintendent who shall review and approve the plan, after

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consultation with the school committee, not later than July 1 of the year in which the plan is to be

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implemented, according to a plan development and review schedule established by the district

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superintendent; and

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     (4)(i) Prepare and have available for district and state review by July 1 annually, a report,

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based on SurveyWorks or other data collection, that shall provide aggregated graduating student

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data on race, ethnicity, and gender for the following:

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     (A) The total number of students graduating;

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     (B) The total number of students graduating who are applying for admission to a college,

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university, or vocational training program;

 

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     (C) The total number of students completing a free application for federal student aid

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("FAFSA") form; and

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     (D) The total number of students who are eligible to fill out and submit a FAFSA form.

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     (ii) The department shall include, in SurveyWorks or an equivalent data collection tool,

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inquiries to collect the data and information referenced in subsection (j)(4)(i) of this section.

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     (k) The three-year (3) comprehensive district plan, annual district action plan, and annual

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school improvement plan shall replace any district and school plans previously required under the

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general laws or regulation, that, in the professional opinion of the commissioner, would be most

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effectively presented as part of the coordinated district or school plan for improving student

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achievement. The department shall identify any additional reports or plans called for by any general

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law or regulation that can be incorporated into this single filing in order to reduce paperwork and

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eliminate duplication.

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     (l) Each school district in which more than twenty percent (20%) of the students do not

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meet grade-level expectations of at least proficient or its equivalent on the Rhode Island

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comprehensive assessment system exam ("RICAS") shall submit a RICAS state assessment success

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plan, as defined by to the department. The plan shall describe the school district's strategies for

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helping each student to master the skills, competencies, and knowledge required for the competency

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determination. In recognition of the department's mission as a district support agency, then at the

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request of the district or in response to reporting data provided under this subsection, the department

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shall:

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     (1) Determine the elements that shall be required to be included in such plan. These

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elements may include, but are not limited to, the following:

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     (i) A plan to assess each student's strengths, weaknesses, and needs;

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     (ii) A plan to use summer school, after school, and other additional support to provide each

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child with the assistance needed; and

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     (iii) A plan for involving the parents of students.

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     (2) Examine each district's plan and determine if it has a reasonable prospect of

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significantly reducing the school district's failure rates.

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     (3) Coordinate oversight of the RICAS success plans with existing education review and

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oversight functions and with the RICAS grant program.

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     (m) Each school district shall file a report with the department every year by a date and in

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a format determined by the board. The report shall include, but not be limited to, the following:

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     (1) An outline of the curriculum The status of the implementation of high quality

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curriculum adoption and graduation requirements of the district;

 

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     (2) Pupil/teacher ratios and class size policy and practice;

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     (3) Teacher and administrator evaluation procedures;

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     (4) Statistics, and policies, and procedures relative to truancy and dropouts;

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     (5) Statistics, and policies, and procedures relative to expulsions and in-school and out-of-

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school suspensions;

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     (6) Percent of school-age children attending public schools:

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     (7) Racial composition of teaching and administrative staff;

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     (8) Enrollment and average daily attendance; and

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     (9) The annual budgets and expenditures for both the district and the individual schools in

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the district.

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     (n) Each school district shall file a description of the following instructional procedures

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and programs with the department every year and/or RIDE shall, where appropriate, provide the

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information:

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     (1) Art and music programs;

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     (2) Technology education, and/or computer science;

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     (3) Programs for gifted and talented students;

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     (4) Adult education programs;

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     (5) Library and media facilities;

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     (6) Condition of instructional materials, including textbooks, workbooks, audio-visual

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materials, and laboratory materials;

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     (7) Types and condition of computers and computer software;

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     (8) Basic skills remediation programs;

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     (9) Drug, tobacco, and alcohol abuse programs;

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     (10) Multi-cultural education training for students and teachers;

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     (11) Global education; and

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     (12) Nutrition and wellness programs.

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     (o) Each school district and charter school shall file an annual report for the current school

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year regarding implementation with the department on or before every November December 1 in a

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format determined by the board. The report shall include, but not be limited to, the following:

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     (1) The number of children receiving services within each disability category;

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     (2) The number of children, by grade level, within each disability category and the costs of

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services provided by each such category for such children receiving their education in a publicly

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operated day school program;

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     (3) The number of children, by grade level, within each disability category and the costs of

 

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services provided by each category for these children receiving their education in a private day

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setting;

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     (4) The number of children, by grade level, within each such disability category and the

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costs of services provided by each such category for such children receiving their education in a

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private residential setting;

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     (5) The number of children who remain in the regular education program full-time; the

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number of children who are removed from the regular classroom for up to twenty-five percent

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(25%) of the day; the number of children who are removed from the regular classroom between

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twenty-five percent (25%) and sixty percent (60%) of the day;

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     (6) The number of children who are placed in substantially separate classrooms on a regular

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education school site;

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     (7) The number of children, ages three (3) and four (4) who are educated in integrated and

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separate classrooms; and the assignment, by sex, national origin, economic status, and race, of

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children by age level, to special education classes and the distribution of children residing in the

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district, by sex, national origin, economic status, and race of children by age level; and

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     (8) The number of children, by grade level, receiving special education services who have

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limited English proficiency.

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     (1) The number of children, by grade level, receiving special education services who have

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been classified as English language learners; and

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     (2) Other data collections required by federal reporting guidelines related to students

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receiving special education services.

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     (p) Each school district and charter school shall furnish in a timely manner such additional

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information as the department shall request.

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     (q) Each school district required to provide an English language learners program shall file

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the following information with the department annually on or before November 1, with the first

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submission on or before November 1, 2023:

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     (1) The type of English language learners programs provided;

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     (2) With regard to limited English proficient students classified as English language

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learners:

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     (i) The number enrolled in each type of English language learners program;

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     (ii) The number enrolled in English as a second language who are not enrolled in another

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English language learners program;

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     (iii) The results of basic skills, curriculum assessment, achievement, and on state content

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assessments as well as state language proficiency testing assessments, whether administered in

 

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English or in the native language;

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     (iv) The absentee, suspension, and expulsion, dropout, and promotion rates; and

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     (v) The number of years each limited English proficient English language learner student

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has been enrolled in an English language learners program;

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     (3) The number of students each year who have enrolled in institutions of higher education

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and were formerly enrolled in an English language learners program;

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     (4) The academic progress in regular education of students who have completed an English

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language learners program;

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     (5) For each limited English proficient English language learner student receiving special

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education, the number of years in the school district prior to special education evaluation and the

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movement in special education programs by program placement;

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     (6) The number of limited English proficient English language learner students enrolled in

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programs of occupational or vocational education;

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     (7) The name, national origin, native language, certificates held, language proficiency,

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grade levels, and subjects taught by each teacher of an English language learners program, bilingual

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aides or paraprofessionals, bilingual guidance or adjustment counselors, and and/or bilingual

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school psychologists;

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     (8) The per-pupil expenditures for each full-time equivalent student enrolled in an English

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language learners program;

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     (9) The sources and amounts of all funds expended on students enrolled in English

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language learners programs, broken down by local, state, and federal sources, and whether any such

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funds expended supplanted, rather than supplemented, the local school district obligation;

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     (10) The participation of parents through parent advisory councils;

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     (11) Whether there were any complaints filed with any federal or state court or

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administrative agency, since the program's inception, concerning the compliance with federal or

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state minimum legal requirements, the disposition of the complaint, and the monitoring and

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evaluation of any such agreement or court order relative to the complaint; and

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     (12) This information shall be filed in the form of the total for the school district as well as

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categorized by school, grade, and language.

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     (r) The commissioner annually shall analyze and publish data reported by school districts

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under this section regarding English language learners programs and limited English proficient

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English language learner students. Publication shall include, but need not be limited to, availability

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on the department's website. The commissioner shall submit annually a report to the committees of

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jurisdiction for education in the house of representatives and senate on this data on a statewide and

 

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school district basis including, but not limited to, by language group and type of English language

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learners programs.

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     (s) For the purposes of this chapter, "local education agencies" shall include all of the

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following within the state of Rhode Island:

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     (1) Public school districts;

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     (2) Regional school districts;

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     (3) State-operated schools;

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     (4) Regional collaborative schools; and

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     (5) Charter schools and mayoral academies.

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     16-97.1-2. Additional duties of the department of education related to school and

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district accountability.

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     (a) In order to support the commissioner and the board of education (the "board") in

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fulfilling their duties, the department shall use existing budgetary resources and existing personnel

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in its implementation of improvement plans pursuant to this section. The department shall:

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     (1) Provide a mechanism to review and report on the efforts of schools, charter schools,

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and school districts, including regional school districts, to improve the academic achievement of

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their students;

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     (2) Inform and assist the board in fulfilling their broader responsibilities to promote high

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levels of achievement in the schools and districts of the state;

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     (3) Be, for purposes of school and district accountability, under the direction and

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supervision of one individual who shall be appointed by the commissioner. This individual shall be

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responsible for:

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     (i) The direction and supervision of the targeted assistance and intervention efforts of the

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department under this chapter;

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     (ii) Such assistance efforts as the commissioner deems necessary to correct deficiencies

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identified by the department;

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     (iii) Compliance with the accountability provisions of federal law; and

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     (iv) Ensuring that the education reviewing and assistance functions of the department are

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aligned to promote collaboration and communication across the education reviewing and assistance

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functions;

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     (4) Ensure that school and district review teams include experienced practitioners in the

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field of education, except that no member shall have been previously or currently employed by:

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     (i) The school, district, or charter school being reviewed; or

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     (ii) A district, charter school, or education collaborative serving a common student

 

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population with the school, district, or charter school being reviewed;

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     (5) Act as an education reviewing body, objectively reviewing the results of educational

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measurement and tests conducted by or for the department in implementing the laws under this

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chapter. In executing this subsection, the department shall:

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     (i) Perform no fewer than five (5) school district education reviews annually beginning in

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academic year 2023-2024, sixty percent (60%) of which shall be in districts whose students achieve

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at low levels either in absolute terms or relative to districts that educate similar student populations.

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The remainder of the education reviews shall be divided equally among districts whose students

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achieve at high levels relative to districts that educate similar student populations and randomly

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selected districts;

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     (ii) Ensure that no school or district is reviewed during the administration of any statewide

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assessments;

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     (iii) Coordinate with other entities in the department to ensure that a school or district is

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not subject to multiple comprehensive education reviews or reviews by the department or any

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accrediting body within a nine-month (9) period, unless the board specifically votes to do so on an

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emergency basis;

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     (iv) Have the following duties relative to school district reviews:

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     (A) Objectively review the school and district reports;

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     (B) Undertake inspections of schools, charter schools, and school districts, including

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regional school districts, to evaluate efforts to improve and support the quality of instruction and

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administration;

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     (C) Review the district's RICAS state assessment success plan, if one was required pursuant

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to law, and evaluate the implementation of that plan;

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     (D) Review the district's implementation of any RICAS grants received to develop or

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enhance academic support services for students scoring below proficient or its equivalent;

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     (E) Evaluate the alignment of curriculum and professional development plans with the state

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curriculum and assessments;

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     (F) Review the progress of overall student achievement;

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     (G) Evaluate student performance, school and district management, overall district

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governance, and any other areas deemed necessary by the department; and

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     (H) Ensure the education reviews are conducted in accordance with standards established

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by the council of elementary and secondary education;

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     (v) Following the school district's education review, produce a comprehensive report

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detailing its findings and observations, which the commissioner shall present to the council along

 

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with any recommendations for further action to be taken by the council. After the council's receipt

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of the report, the commissioner shall issue recommendations to districts not requiring further action

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relative to methods for improving any deficiencies identified by the department. The

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recommendations shall be transmitted to the reviewed district's superintendent and school

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committee within ninety (90) days of the council's receipt of the report; and

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     (vi) Annually compile a report of best practices from the list of education reviews

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conducted that year and distribute the compiled list to all school districts in the state;

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     (6) For the purposes of any inspection or education review, have access to all necessary

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papers, vouchers, books, and records pertaining to a school, including a charter school, a school

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district, or a regional school district;

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     (7) In establishing protocols for the conduct of school or district education reviews, to the

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extent practicable, minimize the administrative burden on schools and districts by using existing,

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recently-compiled or readily-available data sources. Schools, school districts, and school personnel

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shall cooperate with the department for any inspection or education review conducted pursuant to

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this section including, but not limited to, participating in interviews and producing books and

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documents. Each school district, including regional school districts and charter schools, shall

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annually file with the department, on or before October 1, a copy of its current personnel contracts

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and collective bargaining agreements in a form and manner prescribed by the commissioner. The

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department shall ensure that any noncompliance with law, misfeasance, or malfeasance shall be

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referred to the commissioner for appropriate action;

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     (8) Support the commissioner and the council in carrying out their duties under sections

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related to underperforming schools. Nothing in this section shall be construed as limiting the ability

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of the department to contract with individuals, external partners, or other entities to support the

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assistance functions established by said sections.

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     (b) The department shall transmit its findings, education review reports, recommendations,

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and follow-up reports to the council on elementary and secondary education, the attorney general,

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and a local public library in the education reviewed districts. In addition, the department shall

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appear annually before the health, education and welfare committee of the house of representatives

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and before the senate education committee, to report on these findings, reviews, recommendations,

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and other reports.

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     SECTION 2. This act shall take effect on June 30, 2022.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- EDUCATION ACCOUNTABILITY ACT

***

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     This act would extend the due date for the district action plan each and every year from

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September 1 to December 1, and further require that there are no fewer than five (5) school district

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education reviews annually beginning in academic year 2023-2024.

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     This act would take effect June 30, 2022.

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