2022 -- S 2838

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LC005629

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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 -- THE PAUL W. CROWLEY RHODE ISLAND STUDENT

INVESTMENT INITIATIVE

     Introduced By: Senators Zurier, Goodwin, DiPalma, Cano, Mack, Bell, Ciccone,
Quezada, and Ruggerio

     Date Introduced: April 05, 2022

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-7.1-5 of the General Laws in Chapter 16-7.1 entitled "The Paul

W. Crowley Rhode Island Student Investment Initiative [See Title 16 Chapter 97 - The Rhode

Island Board of Education Act]" is hereby amended to read as follows:

     16-7.1-5. Intervention and support for failing schools.

     (a) The board of regents shall adopt a series of progressive support and intervention

strategies consistent with the Comprehensive Education Strategy and the principles of the "School

Accountability for Learning and Teaching" (SALT) of the board of regents for those schools and

school districts that continue to fall short of performance goals outlined in the district strategic

plans. These strategies shall initially focus on: (1) technical assistance in improvement planning,

curriculum alignment, student assessment, instruction, and family and community involvement; (2)

policy support; (3) resource oversight to assess and recommend that each school has adequate

resources necessary to meet performance goal; and (4) creating supportive partnerships with

education institutions, business, governmental, or other appropriate nonprofit agencies. If after a

three (3) year period of support there has not been improvement in the education of students as

determined by objective criteria to be developed by the board of regents, then there shall be

progressive levels of control by the department of elementary and secondary education over the

school and/or district budget, program, and/or personnel. This control by the department of

elementary and secondary education may be exercised in collaboration with the school district and

the municipality. If further needed, the school shall be reconstituted. Reconstitution responsibility

is delegated to the board of regents and may range from restructuring the school's governance,

budget, program, personnel, and/or may include decisions regarding the continued operation of the

school. The board of regents shall assess the district's capacity and may recommend the provision

of additional district, municipal and/or state resources. If a school or school district is under the

board of regents' control as a result of actions taken by the board pursuant to this section, the local

school committee shall be responsible for funding that school or school district at the same level as

in the prior academic year increased by the same percentage as the state total of school aid is

increased.

     (b) For FY 2007, the department shall dedicate one hundred thousand dollars ($100,000)

from funds appropriated to support progressive support and intervention and SALT visits to support

the Rhode Island Consortium for Instructional Leadership and Training. This consortium is

engaged in training school leaders to be more effective instructional leaders in the standards based

instruction environment.

     (a) The commissioner of elementary and secondary education may, on the basis of

regulations adopted by the council on elementary and secondary education, designate one or more

schools in a school district as underperforming or chronically underperforming. The council shall

adopt regulations establishing standards for the commissioner to make such designations on the

basis of data collected for the purpose of school classification, pursuant to 20 U.S.C. § 6311.

Schools that score the lowest rating shall be deemed eligible for designation as underperforming or

chronically underperforming. Not more than four percent (4%) of the total number of public schools

may be designated as underperforming or chronically underperforming at any given time.

     (1) In adopting regulations allowing the commissioner to designate a school as

underperforming or chronically underperforming, the council shall ensure that such regulations

take into account multiple indicators of school quality in making determinations regarding

underperformance or chronic underperformance, such as student attendance, suspension rates,

promotion rates, graduation rates or the lack of demonstrated significant improvement for two (2)

or more consecutive years in core academic subjects, either in the aggregate or among subgroups

of students, including designations based on special education, low-income, English language

proficiency and racial classifications.

     (2) Before a school is designated chronically underperforming by the commissioner, a

school must be designated underperforming and fail to improve.

     (3) An underperforming or chronically underperforming school described in the following

subsections shall operate in accordance with laws regulating other public schools, except as such

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provisions may conflict with this section or any turnaround plans created thereunder. A student

who is enrolled in a school at the time it is designated as underperforming or chronically

underperforming shall retain the ability to remain enrolled in the school while remaining a resident

of the district if the student chooses to do so.

     (b)(1) Upon the designation of a school as an underperforming school in accordance with

regulations developed pursuant to this section, the superintendent of the district, with approval by

the commissioner, shall create a turnaround plan for the school, under subsections (b) through (f),

inclusive of this section.

     (2) Before the superintendent creates the turnaround plan required in this subsection, the

superintendent shall convene a local stakeholder group of not more than thirteen (13) individuals,

for the purpose of soliciting recommendations on the content of such plan to maximize the rapid

academic achievement of students at the school. The superintendent shall provide due consideration

to the recommendations of the stakeholder group. The group shall include:

     (i) The commissioner, or designee;

     (ii) The chair of the school committee, or designee;

     (iii) The president of the local teacher's union, or designee;

     (iv) An administrator from the school, who may be the principal, chosen by the

superintendent;

     (v) A teacher from the school chosen by the faculty of the school;

     (vi) A parent from the school chosen by the local parent organization. If the school or

district does not have a parent organization or if the organization does not select a parent, the

superintendent shall select a volunteer parent of a student from the school;

     (vii) A member of the community appointed by the chief executive of the city or town;

     (viii) For elementary schools, a representative of an early education and care provider

chosen by the commissioner and, for middle schools or high schools, a representative of the higher

education community selected by the postsecondary commissioner;

     (ix) Representatives of applicable state and local social service, health and child welfare

agencies, chosen by the superintendent; and

     (x) As appropriate, representatives of state and local workforce development agencies,

chosen by the superintendent.

     (3) The superintendent shall convene such group within thirty (30) days of the

commissioner designating a school as underperforming and the group shall make its

recommendations to the superintendent within forty-five (45) days of its initial meeting. Meetings

of the local stakeholder group shall be open to the public and the recommendations submitted to

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the superintendent under this subsection shall be publicly available immediately upon their

submission.

     (c)(1) In creating the turnaround plan in subsection (b) of this section, the superintendent

shall include, after considering the recommendations of the local stakeholder group, provisions

intended to maximize the rapid academic achievement of students at the school and shall, to the

extent practicable, base the plan on student outcome data, including, but not limited to:

     (i) Data collected pursuant to 20 U.S.C. § 6311;

     (ii) Student achievement on the Rhode Island comprehensive assessment system;

     (iii) Other measures of student achievement, approved by the commissioner;

     (iv) Student promotion and graduation rates;

     (v) Achievement data for different subgroups of students, including low-income students,

English learners and students receiving special education; and

     (vi) Student attendance and suspension rates.

     (2) The superintendent shall also include in the creation of the turnaround plan, after

considering the recommendations of the local stakeholder group, the following:

     (i) Steps to address the social-emotional and health needs of students in the district and

their families in order to help students arrive and remain at school ready to learn;

     (ii) As applicable, steps to improve workforce development services provided to students

in the district and their families in order to provide students and families with meaningful

employment skills and opportunities;

     (iii) Steps to address achievement gaps for English learners, special education students and

low-income students;

     (iv) Alternative English language learning programs for English learners; and

     (v) A financial plan for the school, including any additional funds to be provided by the

district, state, federal government or other sources.

     (3) The secretary of the executive office of health and human services, director of the

department of labor and training, commissioner of postsecondary education and other applicable

state and local social service, health and child welfare officials shall coordinate with the

superintendent regarding the implementation of strategies that are included in a final turnaround

plan and shall, subject to appropriation, reasonably support such implementation consistent with

the requirements of state and federal law applicable to the relevant programs that each such official

is responsible for administering. The commissioner of elementary and secondary education shall

assist the superintendent in facilitating the coordination.

     (4) To assess the school across multiple measures of school performance and student

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success, the turnaround plan shall include measurable annual goals including, but not limited to:

     (i) Student attendance and suspension rates;

     (ii) Student safety and discipline;

     (iii) Student promotion and graduation and dropout rates;

     (iv) Student achievement on the Rhode Island comprehensive assessment system;

     (v) Progress in areas of academic underperformance;

     (vi) Progress among subgroups of students, including low-income students, English

learners and students receiving special education;

     (vii) Reduction of achievement gaps among different groups of students;

     (viii) Student acquisition and mastery of twenty-first century skills;

     (ix) Development of college readiness, including at the elementary and middle school

levels;

     (x) Parent and family engagement;

     (xi) Building a culture of academic success among students;

     (xii) Building a culture of student support and success among school faculty and staff;

     (xiii) Recruitment and retention of a qualified, diverse workforce;

     (xiv) Staffing ratios and teacher vacancies;

     (xv) Health and safety of facilities; and

     (xvi) Developmentally appropriate child assessments from pre-kindergarten through third

grade, if applicable.

     (d)(1) Notwithstanding any general or special law to the contrary, in creating the

turnaround plan required in subsection (b) of this section, the superintendent may, after considering

the recommendations of the group of stakeholders:

     (i) Expand, alter or replace the curriculum and program offerings of the school, including

the implementation of research-based early literacy programs, early interventions for struggling

readers and the teaching of advanced placement courses or other rigorous nationally or

internationally recognized courses, if the school does not already have such programs or courses;

     (ii) Reallocate the uses of the existing budget of the school;

     (iii) Provide additional funds to the school from the budget of the district, if the school does

not already receive funding from the district at least equal to the average per pupil funding received

for students of the same classification and grade level in the district;

     (iv) Provide funds, subject to appropriation and following consultation with applicable

local unions, to increase the salary of any administrator, or teacher in the school, to attract or retain

highly-qualified administrators, or teachers or to reward administrators, or teachers who work in

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underperforming schools that achieve the annual goals set forth in the turnaround plan;

     (v) Recommend expanding the school day or school year or both of the school;

     (vi) For an elementary school, add pre-kindergarten classes, if the school does not already

have such classes, subject to approval by the Rhode Island department of education;

     (vii) Limit, suspend or change one or more school district policies or practices, as such

policies or practices relate to the school;

     (viii) Include a provision of job-embedded professional development for teachers at the

school, with an emphasis on strategies that involve teacher input and feedback;

     (ix) Provide for increased opportunities for teacher planning time and collaboration focused

on improving student instruction;

     (x) Establish a plan for professional development for administrators at the school, with an

emphasis on strategies that develop leadership skills and use the principles of distributive

leadership;

     (xi) Establish steps to assure a continuum of high-expertise teachers by aligning the

following processes with a common core of professional knowledge and skill: hiring, induction,

teacher evaluation, professional development, teacher advancement, school culture and

organizational structure;

     (xii) Develop a strategy to search for and study best practices in areas of demonstrated

deficiency in the school;

     (xiii) Establish strategies to address mobility and transiency among the student population

of the school; and

     (xiv) Include additional components based on the reasons why the school was designated

as underperforming and the recommendations of the group of stakeholders in subsection (b) of this

section.

     (2) For a school with English learners, the professional development and planning time for

teachers and administrators shall include specific strategies and content designed to maximize the

rapid academic achievement of English learners at the school.

     (e) Within thirty (30) days of the local stakeholder group making recommendations under

subsection (b) of this section, the superintendent shall submit a turnaround plan to the local

stakeholder group, the school committee and the commissioner, all of whom may propose

modifications to the plan. The superintendent shall make such plan immediately available to the

public upon the submission. The stakeholder group, the school committee and the commissioner

shall submit any proposed modifications to the superintendent not more than thirty (30) days after

the date of submission of the turnaround plan and the proposed modifications shall be made public

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immediately upon their submission to the superintendent. The superintendent shall consider and

may incorporate the modifications into the plan if the superintendent determines that inclusion of

the modifications would further promote the rapid academic achievement of students at the school

or may alter or reject the proposed modifications submitted under this subsection. Within thirty

(30) days of receiving any proposed modifications under this subsection, the superintendent shall

issue a final turnaround plan for the school and the plan shall be made publicly available.

     (f) Within thirty (30) days of the issuance of a final turnaround plan under subsection (e)

of this section, a school committee or local union may appeal to the commissioner regarding one

or more components of the plan, including the absence of one or more modifications proposed

under subsection (e) of this section. The commissioner may, in consultation with the

superintendent, modify the plan if the commissioner determines that:

     (1) Such modifications would further promote the rapid academic achievement of students

in the applicable school;

     (2) A component of the plan was included, or a modification was excluded, on the basis of

demonstrably false information or evidence; or

     (3) The superintendent failed to meet the requirements of subsections (b) through (e),

inclusive of this section. The decision of the commissioner regarding an appeal under this

subsection shall be made within thirty (30) days and shall be final.

     (g) The superintendent may select an external overseer to operate the school and implement

the turnaround plan or to assist the superintendent with the implementation. The superintendent

may appoint the overseer if the superintendent determines that conditions exist in the district that

are likely to negatively affect his ability to implement the plan successfully. A school committee

may appeal to the commissioner the decision of the superintendent to appoint an external overseer.

The commissioner may reverse such decision only if he/she determines that the superintendent

made the decision on the basis of demonstrably false information or evidence. An overseer shall be

an individual with a demonstrated record of success in improving low-performing schools or the

academic performance of disadvantaged students. An overseer shall be subject to the provisions of

chapter 14 of title 36 ("code of ethics") and chapter 2 of title 38 ("public records").

     (h) An external overseer selected by the superintendent to operate a school shall have full

managerial and operational control over the school as provided in the turnaround plan. For all other

purposes, the school district in which the school is located shall remain the employer of record.

     (i) Each turnaround plan shall be authorized for a period of not more than three (3) years,

subject to subsection (j) of this section. The superintendent or external overseer, as applicable, may

develop additional components of the turnaround plan pursuant to subsections (b) through (g),

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inclusive, of this section and shall develop annual goals for each component of the plan, in a manner

consistent with subsections (b) through (g), inclusive, of this section. The superintendent or external

overseer, as applicable, shall be responsible for meeting the goals of the plan.

     (j)(1) Each school designated by the commissioner as underperforming under subsection

(a) of this section shall be reviewed by the superintendent, in consultation with the principal of the

school, at least annually. The purpose of the review shall be to determine whether the school has

met the annual goals in its turnaround plan and to assess the overall implementation of the

turnaround plan. The review shall be in writing and shall be submitted to the commissioner and the

school committee not later than July 1 for the preceding school year. The review shall be submitted

in a format determined by the department of elementary and secondary education.

     (2) If the commissioner determines that the school has met the annual performance goals

stated in the turnaround plan, the review shall be considered sufficient and the implementation of

the turnaround plan shall continue. If the commissioner determines that the school has not met one

or more goals in the turnaround plan and that the failure to meet the goals may be corrected through

reasonable modification of the plan, the superintendent may amend the turnaround plan in a manner

consistent with the provisions of subsections (b) through (f), inclusive, of this section. If the

commissioner determines that the school has substantially failed to meet one or more goals in the

plan, the commissioner may appoint an examiner to conduct an evaluation of the school's

implementation of the turnaround plan.

     (3) If the commissioner determines that the school has substantially failed to meet multiple

goals in the plan, the commissioner may require changes to the turnaround plan to be implemented

by the superintendent in the following year or the appointment of an external partner to advise and

assist the superintendent in implementing the plan the following year. If an underperforming school

is operated by an external overseer, the commissioner may require the superintendent to terminate

the overseer and develop a new turnaround plan; provided, however, that the superintendent shall

not terminate the overseer before the completion of the first full school year of the operation of the

underperforming school.

     (k) Upon the expiration of a turnaround plan, the commissioner shall conduct a review of

the school to determine whether the school has improved sufficiently, requires further improvement

or has failed to improve. On the basis of such review, the commissioner may determine that:

     (1) The school has improved sufficiently for the designation of the school as

underperforming to be removed;

     (2) The school has improved, but the school remains underperforming, in which case the

superintendent may, with the approval of the commissioner, renew the plan or create a new or

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modified plan for an additional period of not more than three (3) years, consistent with the

requirements of subsections (a) through (f) of this section; or

     (3) Consistent with the requirements of subsection (a) of this section, the school is

chronically underperforming. The commissioner may recommend the appointment of an external

overseer by the superintendent if the commissioner believes that a new or modified turnaround plan

implemented by the superintendent will not result in rapid improvement. In carrying out this

subsection, the superintendent shall:

     (i) In the case of a renewal of a turnaround plan, determine subsequent annual goals for

each component of the plan with the input of the local stakeholder group as defined in subsection

(b) of this section; or

     (ii) Create a new or modified turnaround plan as necessary, consistent with the

requirements of this section.

     (l)(1) Upon the designation of a school as a chronically underperforming school in

accordance with the regulations developed under this section, the commissioner shall create a

turnaround plan for the school under this subsection and subsections (n) through (o), inclusive, of

this section.

     (2) Before creating the turnaround plan required in this subsection, the commissioner shall

convene a local stakeholder group of not more than thirteen (13) individuals for the purpose of

soliciting recommendations on the content of such plan in order to maximize the rapid academic

achievement of students. The commissioner shall provide due consideration to the

recommendations of the stakeholder group. The group shall include:

     (i) The superintendent, or designee;

     (ii) The chair of the school committee, or designee;

     (iii) The president of the local teacher's union, or designee;

     (iv) An administrator from the school, who may be the principal, chosen by the

superintendent;

     (v) A teacher from the school chosen by the faculty of the school;

     (vi) A parent from the school chosen by the local parent organization. If the school or

district does not have a parent organization or if the organization does not select a parent, the

commissioner shall select a volunteer parent of a student from the school;

     (vii) A member of the community appointed by the chief executive of the city or town;

     (viii) For elementary schools, a representative of an early education and care provider

chosen by the commissioner and, for middle schools or high schools, a representative of the higher

education community selected by the commissioner of postsecondary education;

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     (ix) Representatives of applicable state and local social service, health and child welfare

agencies, chosen by the commissioner; and

     (x) As appropriate, representatives of state and local workforce development agencies,

chosen by the commissioner.

     (3) The commissioner shall convene the group within thirty (30) days of the designation of

a school as chronically underperforming and the group shall make its recommendations to the

commissioner within forty-five (45) days of its initial meeting. Meetings of the local stakeholder

group shall be open to the public and the recommendations submitted to the commissioner under

this subsection shall be publicly available immediately upon their submission.

     (m)(1) In creating the turnaround plan required in subsection (l) of this section, the

commissioner shall include, after considering the recommendations of the local stakeholder group,

provisions intended to maximize the rapid academic achievement of students at the school and

shall, to the extent practicable, base the plan on student outcome data, including, but not limited to:

     (i) Data collected pursuant to 20 U.S.C. § 6311;

     (ii) Student achievement on the Rhode Island comprehensive assessment system;

     (iii) Other measures of student achievement, approved by the commissioner, as

appropriate;

     (iv) Student promotion and graduation rates;

     (v) Achievement data for different subgroups of students, including low-income students,

English learners and students receiving special education; and

     (vi) Student attendance and suspension rates.

     (2) The commissioner shall include in the creation of the turnaround plan, after considering

the recommendations of the local stakeholder group, the following:

     (i) Steps to address the social-emotional and health needs of students in the district and

their families in order to help students arrive and remain at school ready to learn;

     (ii) As applicable, steps to improve workforce development services provided to students

in the district and their families in order to provide students and families with meaningful

employment skills and opportunities;

     (iii) Steps to address achievement gaps for English learners, special education students and

low-income students;

     (iv) English language acquisition programs for English learners; and

     (v) A financial plan for the school, including any additional funds to be provided by the

district, state, federal government or other sources.

     (3) The secretary of the executive office of health and human services, director of the

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department of labor and training, commissioner of postsecondary education and other applicable

state and local social service, health and child welfare officials shall coordinate with the

commissioner regarding the implementation of strategies that are included in a final turnaround

plan and shall, subject to appropriation, reasonably support the implementation consistent with the

requirements of state and federal law applicable to the relevant programs that each official is

responsible for administering.

     (4) In order to assess the school across multiple measures of school performance and

student success, the turnaround plan shall include measurable annual goals including, but not

limited to, the following:

     (i) Student attendance and suspension rates;

     (ii) Student safety and discipline;

     (iii) Student promotion and graduation and dropout rates;

     (iv) Student achievement on the Rhode Island comprehensive assessment system;

     (v) Progress in areas of academic underperformance;

     (vi) Progress among subgroups of students, including low-income students, English

learners and students receiving special education;

     (vii) Reduction of achievement gaps among different groups of students;

     (viii) Student acquisition and mastery of twenty-first century skills;

     (ix) Development of college readiness, including at the elementary and middle school

levels;

     (x) Parent and family engagement;

     (xi) Building a culture of academic success among students;

     (xii) Building a culture of student support and success among school faculty and staff;

     (xiii) Recruitment and retention of a qualified, diverse workforce;

     (xiv) Staffing ratios and teacher vacancies;

     (xv) Health and safety of facilities; and

     (xvi) Developmentally appropriate child assessments, if applicable.

     (n)(1) Notwithstanding any general or special law to the contrary, in creating the

turnaround plan required in subsection (m) of this section, the commissioner may, after considering

the recommendations of the group of stakeholders:

     (i) Expand, alter or replace the curriculum and program offerings of the school, including

the implementation of research-based early literacy programs, early interventions for struggling

readers and the teaching of advanced placement courses or other rigorous nationally or

internationally recognized courses, if the school does not already have such programs or courses;

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     (ii) Reallocate the uses of the existing budget of the school;

     (iii) Provide additional funds to the school from the budget of the district, if the school does

not already receive funding from the district at least equal to the average per pupil funding received

for students of the same classification and grade level in the district;

     (iv) Provide funds, subject to appropriation, to increase the salary of an administrator, or

teacher in the school, in order to attract or retain highly-qualified administrators or teachers or to

reward administrators, or teachers who work in chronically underperforming schools that achieve

the annual goals set forth in the turnaround plan;

     (v) Recommend expanding the school day or school year or both of the school;

     (vi) For an elementary school, add pre-kindergarten and full-day kindergarten classes, if

the school does not already have such classes;

     (vii) Limit, suspend or change one or more school district policies or practices, as such

policies or practices relate to the school;

     (viii) Include a provision of job-embedded professional development for teachers at the

school, with an emphasis on strategies that involve teacher input and feedback;

     (ix) Provide for increased opportunities for teacher planning time and collaboration focused

on improving student instruction;

     (x) Establish a plan for professional development for administrators at the school, with an

emphasis on strategies that develop leadership skills and use the principles of distributive

leadership;

     (xi) Establish steps to assure a continuum of high expertise teachers by aligning the

following processes with the common core of professional knowledge and skill: hiring, induction,

teacher evaluation, professional development, teacher advancement, school culture and

organizational structure;

     (xii) Develop a strategy to search for and study best practices in areas of demonstrated

deficiency in the school;

     (xiii) Establish strategies to address mobility and transiency among the student population

of the school; and

     (xiv) Include additional components, at the discretion of the commissioner, based on the

reasons the school was designated as chronically underperforming and the recommendations of the

local stakeholder group in subsection (l) of this section.

     (2) For a school with English learners, the professional development and planning time for

teachers and administrators shall include specific strategies and content designed to maximize the

rapid academic achievement of the English learners.

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     (3) If the commissioner proposes to reallocate funds to the school from the budget of the

district, the commissioner shall notify the school committee, in writing, of the amount of and

rationale for the reallocation.

     (o) Within thirty (30) days of the local stakeholder group making recommendations under

subsection (m) of this section, the commissioner shall submit a turnaround plan to the local

stakeholder group, the superintendent and the school committee, all of whom may propose

modifications to the plan. The commissioner shall make the plan immediately available to the

public upon submission. The stakeholder group, the superintendent and the school committee shall

submit any proposed modifications to the commissioner within thirty (30) days after the date of

submission of the turnaround plan and the proposed modifications shall be made public

immediately upon their submission to the commissioner. The commissioner shall consider and

incorporate the modifications into the plan if the commissioner determines that inclusion of the

modifications would further promote the rapid academic achievement of students at the applicable

school. The commissioner may alter or reject modifications submitted pursuant to this subsection.

Within thirty (30) days of receiving any proposed modifications, the commissioner shall issue a

final turnaround plan for the school and the plan shall be made publicly available.

     (p) Within thirty (30) days of the issuance of a final turnaround plan under subsection (o)

of this section, a superintendent, school committee or local union may appeal to the council on

elementary and secondary education regarding one or more components of the plan, including the

absence of one or more modifications proposed under subsection (p) of this section. A majority of

the council may vote to modify the plan if the council determines that:

     (1) Such modifications would further promote the rapid academic achievement of students

in the applicable school;

     (2) A component of the plan was included, or a modification was excluded, on the basis of

demonstrably false information or evidence; or

     (3) The commissioner failed to meet the requirements of subsections (l) through (o),

inclusive, of this section. The decision of the council regarding an appeal under this subsection

shall be made within thirty (30) days and shall be final.

     (q)(1) In the case of a chronically underperforming school, the commissioner may, under

the circumstances described in this subsection, send a targeted assistance team to the school to

assist the superintendent with the implementation of the turnaround plan, require the superintendent

to implement the turnaround plan, or select an external overseer to operate the school and

implement the turnaround plan. The commissioner may appoint such overseer if the commissioner

determines that:

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     (i) The superintendent is unlikely to implement the plan successfully; or

     (ii) Conditions exist in the district that are likely to negatively affect the ability of the

superintendent to implement such plan successfully. An overseer shall be an individual with a

demonstrated record of success in improving low performing schools or the academic performance

of disadvantaged students. An overseer shall be subject to the provisions of chapter 14 of title 36

("code of ethics") and chapter 2 of title 38 ("public records").

     (2) The commissioner may select the external overseer upon the designation of a school as

chronically underperforming. The external overseer may serve as the commissioner's designee for

the purpose of creating a school's turnaround plan under subsections (l) through (o), inclusive, of

this section.

     (r) An external overseer selected by the commissioner to operate a chronically

underperforming school shall have full managerial and operational control over the school as

provided in the turnaround plan. For all other purposes, the school district in which the school is

located shall remain the employer of record. An overseer for a chronically underperforming school

shall not be required by contract to indemnify and hold harmless the state against any and all claims,

liabilities and costs which arise out of the overseer's performance of its role in the creation or

implementation of the turnaround plan. In connection with the performance of its role in the

creation or implementation of the turnaround plan, the overseer may:

     (i) Sue and be sued only to the same extent and upon the same conditions that a

municipality may be sued;

     (ii) Receive and disburse funds for the chronically underperforming school; and

     (iii) Solicit and accept grants or gifts for the chronically underperforming school.

     (s) Each turnaround plan shall be authorized for a period of not more than three (3) years,

subject to subsection (v) of this section. The superintendent or external overseer, as applicable, may

develop additional components of the plan and shall develop annual goals for each component of

the plan in a manner consistent with subsection (n) of this section, all of which must be approved

by the commissioner. The superintendent or external overseer, as applicable, shall be responsible

for meeting the goals of the turnaround plan.

     (t) The commissioner or external overseer, as applicable, shall provide a written report to

the school committee on a quarterly basis to provide specific information about the progress being

made on the implementation of the school's turnaround plan. One of the quarterly reports shall be

the annual evaluation under subsection (u) of this section.

     (u)(1) The commissioner shall evaluate each chronically underperforming school at least

annually. The purpose of the evaluation shall be to determine whether the school has met the annual

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goals in its turnaround plan and assess the implementation of the plan at the school. The review

shall be in writing and shall be submitted to the superintendent and the school committee not later

than July 1 for the preceding school year. The review shall be submitted in a format determined by

the department of elementary and secondary education.

     (2) If the commissioner determines that the school has met the annual performance goals

stated in the turnaround plan, the review shall be considered sufficient and the implementation of

the turnaround plan shall continue. If the commissioner determines that the school has not met one

or more goals in the plan, the commissioner may modify the plan in a manner consistent with

subsection (m) of this section.

     (3) If the commissioner determines that the school has substantially failed to meet multiple

goals in the plan, the commissioner may:

     (i) If the school is operated by a superintendent, appoint an external overseer, as defined in

subsection (r) of this section, to operate the school; or

     (ii) If the school is operated by an external overseer terminate the contract of the external

overseer; provided, however, that the commissioner shall not terminate the overseer before the

completion of the first full school year of the operation of the chronically underperforming school.

     (v) Upon the expiration of a turnaround plan for a chronically underperforming school, the

commissioner shall conduct a review of the school to determine whether the school has improved

sufficiently, requires further improvement or has failed to improve. On the basis of such review,

the commissioner may:

     (1) On the basis of a superintendent's or external overseer's success in meeting the terms of

the plan, renew the plan with the superintendent or external overseer for an additional period of not

more than three (3) years;

     (2) If a school that is operated by a superintendent and remains chronically

underperforming, appoint an external overseer, as defined in subsection (q) of this section, to

operate the school;

     (3) If a chronically underperforming school that is operated by an external overseer and

remains chronically underperforming, transfer the operation of the school from the overseer to the

applicable superintendent or to another external overseer; or

     (4) Determine that the school has improved sufficiently for the designation of chronically

underperforming to be removed.

     The commissioner shall:

     (i) In the case of a renewal of a turnaround plan, jointly determine subsequent annual goals

for each component of the plan with the superintendent or external overseer, as applicable; or

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     (ii) Create a new or modified turnaround plan as necessary, consistent with the

requirements of this section.

     (w) Notwithstanding any general or special law to the contrary, any underperforming or

chronically underperforming school operating a program for English learners shall establish an

English learner parent advisory council.

     (x) The council on elementary and secondary education shall adopt regulations regarding:

     (1) The conditions under which an underperforming or chronically underperforming school

shall no longer be designated as an underperforming or chronically underperforming school; and

     (2) The transfer of the operation of an underperforming or a chronically underperforming

school from a superintendent or an external overseer, as applicable, to the school committee. The

regulations shall include provisions to allow a school to retain measures adopted in a turnaround

plan for a transitional period if, in the judgment of the commissioner, the measures would contribute

to the continued improvement of the school. Such regulations shall also include provisions that

clearly identify the conditions under which such a transitional period shall end and the powers

granted to the commissioner and council under this section shall cease to apply to a district

previously designated as chronically underperforming.

     (y) If a school is under control of an overseer pursuant to this section, any funding

appropriated at the request of the overseer and/or commissioner for the purpose of achieving goals

set forth in the turnaround plan shall be funded in a manner consistent with chapter 7.2 of title 16.

     SECTION 2. Chapter 16-7.1 of the General Laws entitled "The Paul W. Crowley Rhode

Island Student Investment Initiative [See Title 16 Chapter 97 - The Rhode Island Board of

Education Act]" is hereby amended by adding thereto the following sections:

     16-7.1-5.1. Intervention and support for chronically underperforming districts.

     (a)(1) The council on elementary and secondary education shall adopt a series of

progressive support and intervention strategies that shall include, but not be limited to:

     (i) Technical assistance in planning, curriculum alignment, family and community

engagement, and the implementation of evidence-based student assessment, instruction, and

support;

     (ii) Policy support;

     (iii) Resource oversight to assess and ensure the district effectively uses resources to meet

performance goals; and

     (iv) The establishment of strategic partnerships with education institutions, business,

governmental, or other appropriate nonprofit agencies.

     (2) Any district with a majority of schools receiving the lowest rating by the Rhode Island

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department of education's school classification system, pursuant to 20 U.S.C. 6311, shall be eligible

to receive progressive support under this section.

     (b) If after a three (3) year period of support there has not been improvement in the

education of students as determined by objective criteria to be developed by the council on

elementary and secondary education, the council may declare the district chronically

underperforming.

     (c)(1) Following council declaration that a district is chronically underperforming, the

council shall designate an overseer for the district with all the powers of the superintendent and

school committee. The overseer shall be an individual with a demonstrated record of success in

improving low-performing schools or districts or the academic performance of disadvantaged

students who shall report directly to the commissioner. An external overseer designated by the

council to operate a district under this subsection shall have full managerial and operational control

over such district; provided, however, that the school district shall remain the employer of record

for all other purposes. An overseer shall be subject to the provisions of chapter 14 of title 36 ("code

of ethics"), chapter 2 of title 38 ("public records") and chapter 35 of title 42 ("administrative

procedures").

     An overseer for a chronically underperforming district shall not be required by contract to

indemnify and hold harmless the state against any and all claims, liabilities and costs which arise

out of the overseer's performance of its role in the creation or implementation of the turnaround

plan. In connection with the performance of its role in the creation or implementation of the

turnaround plan, the overseer may:

     (i) Sue and be sued only to the same extent and upon the same conditions that a

municipality may be sued;

     (ii) Receive and disburse funds for the chronically underperforming district; and

     (iii) Solicit and accept grants or gifts for the district.

     (2) Not more than three (3) school districts may be designated as chronically

underperforming at any given time, and for the purpose of this limitation, state intervention in one

or more chronically underperforming school, pursuant to § 16-7.1-5, shall count toward this three

(3) district limit.

     (3) In adopting regulations allowing the council to designate a district as chronically

underperforming, the council shall ensure that the regulations account for multiple indicators of

district quality including student attendance, suspension rates or other disciplinary data, student

promotion and graduation rates in the district, or the lack of demonstrated significant improvement

for two (2) or more consecutive years in core academic subjects, either in the aggregate or among

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subgroups of students, including designations based on special education classification, low-

income, English language proficiency and racial classifications.

     (4)(i) The overseer shall create a turnaround plan to promote the rapid improvement of the

chronically underperforming district.

     (ii) Before creating the turnaround plan required in this section, the commissioner and

overseer shall convene a local stakeholder group of not more than thirteen (13) individuals for the

purpose of soliciting recommendations on the content of such plan in order to maximize the rapid

improvement of the academic achievement of students. The overseer shall provide due

consideration to the recommendations of the local stakeholder group. The group shall include:

     (A) The superintendent, or designee;

     (B) The chair of the school committee, or designee;

     (C) The president of the local teacher's union, or designee;

     (D) A selection of administrators from the district, chosen by the commissioner from

among volunteers from the district;

     (E) A selection of teachers from the district, chosen by the local teacher's union;

     (F) A selection of parents from the district chosen by the local parent organization. If the

district does not have a parent organization or if the organization does not select a parent, the

commissioner shall select a volunteer parent of a student from the district;

     (G) Representatives of applicable state and local social service, health, and child welfare

agencies chosen by the commissioner;

     (H) As appropriate, representatives of workforce development agencies chosen by the

commissioner; and

     (I) A member of the community appointed by the chief executive of the city or town. The

commissioner and overseer shall convene the group within thirty (30) days of the council

designating a district as chronically underperforming and the group shall make its

recommendations to the commissioner and overseer within forty-five (45) days of its initial

meetings. Meetings of the local stakeholder group shall be open to the public and the

recommendations submitted to the commissioner and overseer shall be publicly available

immediately upon their submission.

     (iv) In creating the turnaround plan, the commissioner and overseer shall include measures

intended to maximize the rapid improvement of the academic achievement of students in the district

and shall, to the extent practicable, base the plan on student outcome data, including, but not limited

to:

     (A) Data collected pursuant to 20 U.S.C. 6311;

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     (B) Student achievement on the Rhode Island comprehensive assessment system;

     (C) Other measures of student achievement, approved by the commissioner;

     (D) Student promotion and graduation rates;

     (E) Achievement data for different subgroups of students, including low-income students,

English learners and students receiving special education; and

     (F) Student attendance, suspension rates.

     In creating the turnaround plan required in subsection (c)(4)(i) of this section, the

commissioner and overseer shall include, after considering the recommendations of the local

stakeholder group, the following:

     (I) Steps to address the social-emotional and health needs of students in the district and

their families in order to help students arrive and remain at school ready to learn;

     (II) As applicable, steps to improve workforce development services provided to students

in the district and their families in order to provide students and families with meaningful

employment skills and opportunities;

     (III) Steps to address achievement gaps for English learners, special education students and

low-income students, as applicable;

     (IV) English language acquisition programs for English learners; and

     (V) A budget for the district including any additional funds to be provided by the state,

federal government or other sources.

     (v) The secretary of the executive office of health and human services, the department of

labor and training, the office of the postsecondary commissioner and other applicable state and

local social service, health and child welfare officials shall coordinate with the commissioner

regarding the strategies contained in a turnaround plan and shall, subject to appropriation,

reasonably support the implementation consistent with the requirements of state and federal law

applicable to the relevant programs that each such official is responsible for administering.

     (vi) In order to assess the district across multiple measures of district performance and

student success, the turnaround plan shall include measurable annual goals based on relevant

indicators of operational excellence and state accountability measures, including, but not limited

to, the following:

     (A) Student attendance and suspension rates;

     (B) Student safety and discipline;

     (C) Student promotion, graduation and dropout rates;

     (D) Student achievement on the Rhode Island comprehensive assessment system;

     (E) Progress in areas of academic underperformance;

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     (F) Progress among subgroups of students, including low-income students, English

learners and students receiving special education;

     (G) Reduction of achievement gaps among different groups of students;

     (H) Student acquisition and mastery of twenty-first century skills;

     (I) Development of college readiness, including at the elementary and middle school levels;

     (J) Parent and family engagement;

     (K) Building a culture of academic success among students;

     (L) Building a culture of student support and success among faculty and staff;

     (M) Recruitment and retention of a qualified, diverse workforce;

     (N) Staffing ratios and teacher vacancies;

     (O) Health and safety of facilities; and

     (P) Developmentally appropriate child assessments, if applicable.

     Annual goals included in the turnaround plan shall align with summative turnaround goals

articulated in the turnaround plan.

     (5)(i) Notwithstanding any general or special law to the contrary, in creating the turnaround

plan under subsection (c)(4)(i) of this section, the commissioner and the overseer may, after

considering the recommendations of the group of stakeholders:

     (A) Expand, alter or replace the curriculum and program offerings of the district or of a

school in the district, including the implementation of research-based early literacy programs, early

interventions for struggling readers and the teaching of advanced placement courses or other

rigorous nationally or internationally recognized courses, if the district or schools in the district do

not already have such programs or courses;

     (B) Reallocate the uses of the existing budget of the district;

     (C) Provide funds, subject to appropriation, to increase the salary of an administrator, or

teacher in the district working in an underperforming or chronically underperforming school, in

order to attract or retain highly-qualified administrators, or teachers or to reward administrators or

teachers who work in chronically underperforming districts that achieve the annual goals set forth

in the turnaround plan;

     (D) Recommend expanding the school day or school year or both of schools in the district;

     (E) Add pre-kindergarten, if the district does not already have the classes;

     (F) Limit, suspend or change one or more school district policies or practices, as such

policies or practices relate to the underperforming schools in the district;

     (G) Include a provision of job-embedded professional development for teachers in the

district, with an emphasis on strategies that involve teacher input and feedback;

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     (H) Provide for increased opportunities for teacher planning time and collaboration focused

on improving student instruction;

     (I) Establish a plan for professional development for administrators in the district, with an

emphasis on strategies that develop leadership skills and use the principles of distributive

leadership;

     (J) Establish steps to assure a continuum of high expertise teachers by aligning the

following processes with the common core of professional knowledge and skill: hiring, induction,

teacher evaluation, professional development, teacher advancement, school culture and

organizational structure;

     (K) Develop a strategy to search for and study best practices in areas of demonstrated

deficiency in the district;

     (L) Establish strategies to address mobility and transiency among the student population of

the district; and

     (M) Include additional components, at the discretion of the commissioner and the overseer,

based on the reasons the district was designated as chronically underperforming and based on the

recommendations of the local stakeholder group in subsection (c)(4)(ii) of this section.

     (ii) For a district with English learners, the professional development and planning time for

teachers and administrators shall include specific strategies and content designed to maximize the

rapid academic achievement of English learners in the district.

     (6)(i) The turnaround plan shall be authorized for a period of not more than three (3) years.

The commissioner and overseer may jointly develop additional components of the plan and shall

jointly develop annual goals for each component of the plan in a manner consistent with subsections

(c)(4)(i) through (c)(4)(iv) of this section. The overseer shall be responsible for meeting the goals

of the turnaround plan.

     (ii) The commissioner and overseer shall provide a written report to the school committee,

at a minimum, on a quarterly basis to provide specific information about the progress being made

on the implementation of the district's turnaround plan. One of the quarterly reports shall be the

annual evaluation required in subsection (c)(6)(iii) of this section.

     (iii) The council shall evaluate the performance of the overseer on not less than an annual

basis. The purpose of such evaluation shall be to assess the implementation of the turnaround plan

and determine whether the district has met the annual goals contained in the turnaround plan. The

evaluation shall be in writing and submitted to the school committee no later than July 1 for the

preceding school year.

     (iv) If the council determines that the district has met the annual performance goals stated

LC005629 - Page 21 of 27

in the turnaround plan, the evaluation shall be considered sufficient and the implementation of the

turnaround plan shall continue.

     (v) If the council determines that the overseer has not met one or more goals in the plan

and the failure to meet the goals may be corrected through reasonable modification of the plan, the

council may authorize the commissioner to amend the turnaround plan, as necessary. After

assessing the implementation of the turnaround plan in the district, the commissioner may amend

the plan, in consultation with the school committee, if the commissioner determines that the

amendment is necessary in view of subsequent changes in the district that affect one or more

components of the plan, including, but not limited to, changes to school district policies, in a manner

consistent with the provisions of subsection (c)(4)(i) through (c)(4)(iv) of this section. If the

commissioner determines that the overseer has substantially failed to meet multiple goals in the

turnaround plan, the commissioner may terminate such overseer; provided, however, that the

termination shall not occur before the completion of the first full school year of the overseer control

of the district.

     (7)(i) After the period of overseer control, there shall be a reevaluation of a district's status

under this section. The council on elementary and secondary education shall adopt regulations

providing for:

     (A) The removal of a designation of a district as chronically underperforming; and

     (B) The transfer of the operation of a chronically underperforming district from an external

overseer to the superintendent and school committee, based on the improvement of the district.

     The regulations shall include provisions to allow a district to retain measures adopted in a

turnaround plan for a transitional period if, in the judgment of the commissioner, the measures

would contribute to the continued improvement of the district. Such regulations shall also include

provisions that clearly identify the conditions under which such a transitional period shall end and

the powers granted to the commissioner, board of trustees, and council under this section shall

cease to apply to a district previously designated as chronically underperforming. At any time after

a chronically underperforming district has been placed in control of an overseer, the school

committee of the district may petition the commissioner for a determination as to whether the

turnaround plan adopted under subsection (b) of this section should be modified or eliminated and

whether the school district shall no longer be designated as chronically underperforming. The

decision of the commissioner shall be based on regulations adopted by the council. A school

committee may seek review by the council on elementary and secondary education of an adverse

determination.

     (ii) If, on the basis of the regulations adopted by the council pursuant to subsection (c)(7)(i)

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of this section, a district has not improved sufficiently to remove the designation of the district as

chronically underperforming, the commissioner may:

     (A) Jointly determine subsequent annual goals for each component of the turnaround plan

with the overseer and, with approval from the school committee, renew the turnaround plan for an

additional period of not more than three (3) years; or

     (B) Create a new turnaround plan, consistent with the requirements of this section.

     (8) If a municipality has failed to fulfill its fiscal responsibilities pursuant to chapter 7 of

title 16, the commissioner may declare the school district as chronically underperforming, subject

to the approval of the council. The municipality's mayor or city council president shall have the

opportunity to present evidence to the council. A vote by the council that a school district is

chronically underperforming for fiscal reasons shall authorize the commissioner to petition the

director of the department of revenue to require an increase in funds for the school district, alleging

that the amount necessary in the municipality for the support of public schools has not been

included in the annual budget appropriations. The director of the department of revenue shall

determine the amount of any deficiency pursuant to the sums required pursuant to chapter 7 of title

16, if any, and issue an order compelling the municipality to provide a sum of money equal to such

deficiency. If the municipality does not provide a sum of money equal to such deficiency, the

director of the department of revenue shall not approve the tax rate of the municipality for the fiscal

year until the deficiency is alleviated. Nothing in this subsection shall be construed as creating a

cause of action for educational malpractice by students or their parents, guardians or persons acting

as parents.

     (9) If a school district is under the council's control as a result of actions taken by the

council pursuant to this section, the school committee and/or municipality shall be responsible for

funding its local share pursuant to chapter 7.2 of title 16, and any increased funding appropriated

at the request of the overseer and/or commissioner for the purpose of achieving goals set forth in

the turnaround plan shall be funded in a manner consistent with chapter 7.2 of title 16.

     16-7.1-5.2. Intervention and support for the Providence public school district.

     (a) No later than September 1, 2022, and in order to assess the district across multiple

measures of district performance and student success, the commissioner shall update the turnaround

plan released June 23, 2020, to include measurable annual goals including, but not limited to, the

following:

     (1) Student attendance and suspension rates;

     (2) Student safety and discipline;

     (3) Student promotion, graduation and dropout rates;

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     (4) Student achievement on the Rhode Island comprehensive assessment system;

     (5) Progress in areas of academic underperformance;

     (6) Progress among subgroups of students, including low-income students, English learners

and students receiving special education;

     (7) Reduction of achievement gaps among different groups of students;

     (8) Student acquisition and mastery of twenty-first century skills;

     (9) Development of college readiness, including at the elementary and middle school

levels;

     (10) Parent and family engagement;

     (11) Building a culture of academic success among students;

     (12) Building a culture of student support and success among faculty and staff;

     (13) Recruitment and retention of a qualified, diverse workforce;

     (14) Staffing ratios and teacher vacancies;

     (15) Health and safety of facilities; and

     (16) Developmentally appropriate child assessments, if applicable.

     (b)(1) For the duration of the turnaround and no later than thirty (30) days from the effective

date of this section, there shall be appointed a board of trustees, comprised of nine (9) members,

one of whom shall be a member of the Providence school board, appointed by the school board

president; one of whom shall be a member of the Providence teachers' union, appointed by the

union president; one of whom shall be a member of the Providence parent advisory council

leadership team, appointed from among the members of the leadership team; one of whom shall be

a member of the Providence student union leadership team, appointed from among that leadership

team; one of whom shall be a Providence school principal or assistant principal, appointed by the

local superintendent; two (2) of whom shall be parents of children enrolled in Providence schools,

appointed by the council on elementary and secondary education; and two (2) public members who

must be residents of Providence, appointed by the council on elementary and secondary education.

     (2) The board of trustees shall meet at least monthly, and more frequently if necessary, and

serve without compensation. The board of trustees shall have the following powers and duties:

     (i) To review and approve the appointment of senior school district administrators;

     (ii) To set district-wide policy;

     (iii) To review progress toward annual performance measures;

     (iv) To receive feedback from stakeholders on the implementation of the turnaround plan;

     (v) To establish appropriate advisory committees as needed to provide guidance on the

implementation of the turnaround plan; and

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     (vi) Any other duties delegated by the commissioner or council on elementary and

secondary education.

     (c)(1) The order of reconstitution and control, issued October 15, 2019, shall be authorized

for a period of not more than three (3) years from issuance. The commissioner and turnaround

superintendent may jointly develop additional components of the turnaround plan and shall jointly

develop annual goals for each component of the plan in a manner consistent with this section. The

superintendent shall be responsible for meeting the goals of the turnaround plan.

     (2) The commissioner and superintendent shall provide a written report to the board of

trustees at a minimum, on a quarterly basis to provide specific information about the progress being

made on the implementation of the district's turnaround plan. One of the quarterly reports shall

include progress toward annual measures, pursuant to this section.

     (3) The commissioner shall evaluate the performance of the superintendent on not less than

an annual basis. The purpose of such evaluation shall be to assess the implementation of the

turnaround plan and determine whether the district has met the annual goals contained in the

turnaround plan. The evaluation shall be in writing and submitted to the council and the board of

trustees no later than July 1 for the preceding school year.

     (4) If the commissioner determines that the district has met the annual performance goals

stated in the turnaround plan, the evaluation shall be considered sufficient and the implementation

of the turnaround plan shall continue.

     (5) If the commissioner determines that the superintendent has not met one or more goals

in the plan and the failure to meet the goals may be corrected through reasonable modification of

the plan, the commissioner may amend the turnaround plan, with approval of the board of trustees.

If the commissioner determines that the superintendent has substantially failed to meet multiple

goals in the turnaround plan, the commissioner may terminate such superintendent.

     (d)(1) After the period of turnaround, there shall be a reevaluation of the district's status

under this section. The council on elementary and secondary education shall adopt regulations

providing for:

     (i) The end of turnaround status; and

     (ii) The transfer of the operation of the school district from the Rhode Island department

of education to the school committee and municipal control.

     The regulations shall include provisions to allow a district to retain measures adopted in a

turnaround plan for a transitional period if, in the judgment of the commissioner, the measures

would contribute to the continued improvement of the district. Such regulations shall also include

provisions that clearly identify the conditions under which such a transitional period shall end and

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the powers granted to the commissioner, board of trustees, and council under this section shall

cease to apply to the district.

     (2) If, on the basis of the regulations adopted by the council pursuant to subsection (d)(1)

of this section, a district has not improved sufficiently to remove the district from turnaround status,

the commissioner may:

     (i) Jointly determine subsequent annual goals for each component of the turnaround plan

with the overseer and, with approval from the board of trustees, renew the turnaround plan for an

additional period of not more than three (3) years; or

     (ii) Create a new turnaround plan, consistent with the requirements of this section.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- THE PAUL W. CROWLEY RHODE ISLAND STUDENT

INVESTMENT INITIATIVE

***

     This act would revise the process and procedures for state intervention and support for

failing public schools, including Providence, as well as chronically underperforming schools.

     This act would take effect upon passage.

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