2021 -- S 0574

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LC002328

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO EDUCATION -- PROFESSIONAL DEVELOPMENT INVESTMENT FUND

     Introduced By: Senators Pearson, Cano, Lawson, Gallo, DiPalma, Quezada, Murray,
Seveney, and Valverde

     Date Introduced: March 11, 2021

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained

in this act, the sum of one million dollars ($1,000,000) is hereby appropriated to Rhode Island

college in addition to amounts previously appropriated and shall be paid out of any money in the

treasury not otherwise appropriated to be extended during the fiscal year ending June 30, 2021, to

fulfill the provisions of § 16-7.1-10(d) and (e). For purposes and functions hereinafter mentioned,

the state controller is hereby authorized and directed to draw his or her orders upon the general

treasurer for the payment of such sums or such portions thereof as may be required from time to

time upon receipt by him or her of properly authenticated vouchers.

     SECTION 2. The general assembly from money in the treasury not otherwise appropriated,

shall make an annual appropriation to Rhode Island college in an amount sufficient to cover the

full cost of certifying teachers for teaching English to speakers of other languages, bilingual

education, in multilingual learning, and/or English as a second language through programs offered

at Rhode Island college. For FY 2021 the appropriation amount shall be equal to the appropriation

provided in section 1 of this act.

     SECTION 3. Section 16-7.1-10 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:

     16-7.1-10. Professional development investment fund.

     (a) In order to continue developing the skills of Rhode Island's teachers, administrators and

staff, the general assembly establishes a Professional Development Investment Fund. The general

assembly shall annually appropriate some sum and distribute it based on a pupil-teacher ratio that

shall be adjusted annually by the commissioner of elementary and secondary education. School

districts, including collaboratives established pursuant to chapter 3.1 of this title, may use funds

received under this category of education aid to replace up to, but no more than, fifty percent (50%)

of the amount the school district spent for professional development programs in the previous fiscal

year. The expenditure of these funds shall be determined by a committee at each school consisting

of the school principal, two (2) teachers selected by the teaching staff of the school, and two (2)

parents of students attending the school. Schools that enroll students in the early grades

(kindergarten through grade three (3)) must expend these funds on the development of scientific

research based, as described in the No Child Left Behind Act of 2001, Title 1, Part B, Section 1208

[20 U.S.C. § 6368], reading instruction to improve students reading performance.

     Schools that have met their performance targets in reading for the current academic year

and are not designated as a school in need of improvement, may expend their Professional

Development Investment Funds on professional development in the core academic subjects of

mathematics, writing, or reading to improve student performance.

     Collaborative programs between schools are encouraged. These resources shall be used to

close student performance gaps in accordance with the school's and district's strategic plan pursuant

to § 16-7.1-2. Additional funds shall be allocated to the department of elementary and secondary

education to support teacher and administrator professional development in all districts, including,

but not limited to:

     (1) Supporting mentoring systems;

     (2) Providing school districts with program support to assist teachers in local school

districts to improve reading instruction and enhance the integration of reading throughout the

curriculum with the goal of improving student performance to high standards;

     (3) Support for the design and implementation of leadership development for the teacher

to assume leadership roles or ultimately prepare for administrator;

     (4) Development of a plan for formal training of school leaders in standards based

instruction, school improvement planning, effective use of data in the decision-making process,

community involvement and creation of governance structures;

     (5) Support for national board certification of teachers, application fees for a certificate of

clinical competence issued by the American speech-language hearing association, and grants for

coordination and support of school based teacher professional development; and

     (6) The practice of scientific research based reading instruction to improve reading

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performance.

     (b) In FY 2003, the additional funds allocated to the department of elementary and

secondary education pursuant to this section shall be used only to support the activities described

in subdivisions (a)(2) and (a)(5) of this section.

     (c)(b) Out of the funds appropriated by the general assembly for professional development

in subsection (a) of this section, twenty-five percent (25%) shall be set aside for district-wide

professional development activities. The expenditure of this district-wide professional development

set-aside shall be determined by a committee in each district consisting of the superintendent or his

or her designee, three (3) teachers appointed by the collective bargaining agent, and one member

of the Rhode Island department of elementary and secondary education field service team servicing

that school district designated by the commissioner of elementary and secondary education. The

expenditure must be aligned with the district strategic plan as well as ongoing professional

development programs approved by the department of elementary and secondary education.

Collaborative programs between school districts are permissible.

     (d)(c) Except as provided in subsection (d) of this section Beginning beginning in FY 2006,

professional development funds shall only be spent with the prior approval of the commissioner of

elementary and secondary education upon submission of a district level plan which incorporates

the school level plans and which details the use of the funds. These plans shall to the extent possible

call for professional development activities that are embedded or do not otherwise encroach upon

student instruction time. The requirements of this paragraph shall apply to both district-wide

professional development activities and professional development activities determined by the

school-level committees.

     (e) In FY 2009 payments from the professional development investment fund are hereby

suspended through June 30, 2009. Notwithstanding, school districts may continue to maintain

professional development programs and may reduce other education programs to achieve savings.

     (f) In FY 2010 payments from the professional development investment fund are hereby

suspended through June 30, 2010. Notwithstanding, school districts may continue to maintain

professional development programs and may reduce other education programs to achieve savings.

     (d) Notwithstanding any other provision of law to the contrary, any school where the

employer imposes a requirement on any certified teacher to obtain a certification or further

education in teaching English to speakers of other languages, bilingual education, in multilingual

learning, and/or English as a second language that the teacher did not already have, upon pain of

adverse job action or consequences related to employment, and such certification is offered at

Rhode Island college:

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     (1) The teacher shall not be required to pay any cost for application to the program at Rhode

Island college;

     (2) The teacher shall not be charged any tuition, fees, or expenses for any aspect of the

course of study to obtain the certification or education; and

     (3) No adverse job action shall be taken against the teacher on the basis of lacking the new

certification or education so long as:

     (i) Less than one year has elapsed since the announcement of the new certification or

education requirement;

     (ii) The teacher has submitted an application to Rhode Island college to pursue the

certification or educational program;

     (iii) The teacher remains on a waitlist for enrollment in the program or any class necessary

to complete the program; or

     (iv) The teacher is enrolled at Rhode Island college in pursuit of the certification or

educational program.

     (e) The terms "adverse job action" and "consequences related to employment" in subsection

(d) of this section, shall be read liberally in order to effectuate the purposes of this statute and shall

include, but not be limited to, reassignment to a different grade level, reassignment to a different

school, changes in seniority, changes in pay, changes in benefits, changes in availability of

discretionary funding, or other changes impacting the teacher personally or their chosen method of

providing instruction.

     SECTION 4. 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 -- PROFESSIONAL DEVELOPMENT INVESTMENT FUND

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     This act would provide for a one-time appropriation of one million dollars ($1,000,000)

and an annual appropriation thereafter to Rhode Island college, for providing at no cost,

certification and educational programs to teachers that are teaching English to speakers of other

languages, bilingual education, or in multi-bilingual learning and for English as a second language.

     This act would take effect upon passage.

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