Chapter 224 |
2019 -- H 6084 SUBSTITUTE A Enacted 07/15/2019 |
A N A C T |
RELATING TO EDUCATION -- EDUCATION ACCOUNTABILITY ACT |
Introduced By: Representatives Amore, Mattiello, Shekarchi, Edwards, and |
Date Introduced: May 09, 2019 |
It is enacted by the General Assembly 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 council on 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 approval of 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 all laws 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 local schools. |
(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 fiscal years, 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 council on 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 |
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, alcohol and substance abuse, and an in-service training program which |
that will be developed specifically for the implementation of the mandated curriculum. |
(15)(i) To appoint a three-(3) member (3) 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" shall receive 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 annual appropriations 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. |
(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. School committees shall have, 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 ensure the implementation of federal and state laws, the |
regulations of the board of regents for elementary and secondary education council on |
elementary and secondary education, and of local school policies, programs, and directives. |
(4) To provide for the evaluation of the performance of the school system. |
(5) To have responsibility for the care and control of local schools. |
(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 school budget to submit to the local appropriating authority. |
(10) To adopt any changes in the school budget during the course of the school year. |
(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 school superintendent 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) (14) To establish minimum standards for personnel, to adopt personnel policies, |
and to approve a table of organization. |
(15)(14) (15) To establish standards for the evaluation of personnel. |
(16)(15) (16) To establish standards for conduct in the schools and for disciplinary |
actions. |
(17)(16) (17) To hear appeals from disciplinary actions. |
(18)(17) (18) 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 school committee. |
(19)(18) (19) To publish policy manuals which that shall include all school committee |
policies. |
(20)(19) (20) To establish policies governing curriculum, courses of instruction, and text |
books. |
(21)(20) (21) To provide for transportation services which that meet or exceed standards |
of the board of regents for elementary and secondary education council on elementary and |
secondary education. |
(22)(21) (22) To make any reports to the department of education as are required by the |
board of regents for elementary and secondary education council on elementary and secondary |
education. |
(23)(22) (23) To delegate, consistent with law, any responsibilities to the superintendent |
as the committee may deem appropriate. |
(24)(23) (24) To address the health and wellness of students and employees. |
(25)(24) (25) 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) (26) To annually undertake a minimum of six (6) hours of professional |
development as set forth and described in § 16-2-5.1. |
(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 governmental functions. |
(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 that 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 shall be, and is hereby |
authorized to retain, the services of such independent legal counsel as 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 counsel be 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 |
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 school committee. |
(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 school committee. |
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 personnel function of the school department 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 school budget 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 school system. |
(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 council on elementary and |
secondary education and the policies, programs, and directives of the school committee. |
(16) To report to the school committee on the operation of the school system, including |
an annual report 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 school expenses |
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 principal shall |
have any duties as are defined in this section and in this title and shall perform 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 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 school facilities and equipment. |
(4) In consultation with the school improvement team, to prepare a school budget for |
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)9(a)(15). |
(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 will also 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. |
(2) Business and other community members shall be selected by the school according 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 normal working 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 school improvement 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 shall have 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 annual budget 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 school improvement plan, as provided below. |
(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 shall be returned to the principal who |
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 16-60-6 of the General Laws in Chapter 16-60 entitled "Council on |
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 council on 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 council on 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 shall have 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 shall perform 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 educational needs. |
(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 seek the advice of those concerned with and affected by 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 all elementary and secondary nonpublic |
education in the state as provided in subdivision subsection (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 general management 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 that shall include, but not be limited to, the |
budget of the department of elementary and secondary education, subcommittees and agencies, |
and state aid to local school 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 council on 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 school construction and that standards and design are |
in accordance with law and regulations of the council on 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. |
(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 § 16-24-2(3) which shall be done in |
conjunction with the auditor general. |
(xi) To prepare uniform budgeting procedures for local school 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 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") shall adopt 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 meaningful to |
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 that compete with the state for employment and economic |
opportunities; |
(iv) Be designed to avoid gender, cultural, ethnic, or racial stereotypes; 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 special needs. |
(6) Comply with federal requirements for accommodating children with special needs. |
(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 that 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 Educational Progress 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 The 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 ensuring effective teaching and administrative leadership in the public schools. Such |
The 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 The 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 federal programs, each district shall file with the |
commissioner once in each three (3)-year (3) period a comprehensive, three-(3) year (3) 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 |
federal education 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 successful implementation of the district's improvement efforts. |
(i) On an annual basis, not later than September 1 of each year, each district shall prepare |
and have available for state review an annual action 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 (3) improvement |
plan; and |
(2) Identify the staff and financial resources allocated to support these activities. |
(j) Annually, the principal of each school shall: |
(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 federal law and regulations; |
(2) Consistent with any educational policies establish established for the district, assess |
the needs of the school in light of those goals; and |
(3) Formulate a school plan 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 federal law 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 (3) 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 that, 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 that 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 school district shall file a report with the department every year by a date and in |
a format determined by the board. Said The 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) Racial composition of teaching and administrative staff; |
(8) Enrollment and average daily attendance; and |
(9) The annual budgets and expenditures for both the district and the individual schools 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 on or before every November 1 in a |
format determined by the board. The report shall include, 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 school program; |
(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 these 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, 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 shall request. |
(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; |
(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 the complaint, and the monitoring and |
evaluation of any such agreement or court order relative to such the complaint; and |
(12) Said This 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 this data on a statewide and school |
district basis including, but not limited to, by language group and type of English language |
learners programs. |
(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 mayoral academies. |
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 federal law; and |
(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 shall have been previously or currently employed by: |
(i) The school, district, or charter school being reviewed; or |
(ii) A district, charter school, or education collaborative serving a common student |
population with the school, district, or charter school being reviewed.; |
(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 (9) 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 school and 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 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 the 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 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 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 shall be 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 shall take effect on January 1, 2020. |
======== |
LC002601/SUB A/2 |
======== |