2024 -- H 7726

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LC005020

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

     Introduced By: Representatives Morales, Caldwell, McNamara, Biah, Kislak, Batista,
Casimiro, Sanchez, DeSimone, and Donovan

     Date Introduced: February 28, 2024

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

hereby amended by adding thereto the following section:

     16-21-42. Standards for closure or phase-out of a public school building.

     (a) As used in this section:

     (1) "Closure of a public school" means the temporary or permanent ending, concluding,

and finishing of use of a building as a public school building within which education services are

provided, and includes the cessation of all public school related activities therein;

     (2) "Phase-out of a public school" means a gradual process designed to lead up to the

closure of a public school. "Phase-out of a public school" includes provisions for continued

education during the time of the process, as well as a transition plan for staff at the public school;

     (3) "School merger" means the consolidation of two (2) or more public schools into one

school, including, but not limited to, school redesign initiatives or any activities identified as 'more

rigorous interventions' in the state's Every Student Succeeds Act state plan.

     (4) "Staff" means and includes teachers, department heads, administrators, maintenance

personnel, food and cafeteria personnel, athletic and team personnel, and any other individuals

employed by the school district subject to the provisions of this section.

     (b) Public school districts and the department of elementary and secondary education shall

be required to adhere to the following process outlined in this chapter.

     (c) Nothing found in § 16-7.1-5 or any other section of state law shall make a school district

or the department of elementary and secondary education exempt from these requirements.

     (d) Public school districts and the department of elementary and secondary education shall

be required to announce their proposal to initiate either a closure of a public school building, school

merger, or a phase-out of a public school building.

     (e) Within seven (7) calendar days after a public school district or the department of

elementary and secondary education announces their proposal to initiate either a closure of a public

school building, school merger, or a phase-out of a public school building, the following

information shall be provided on the district website's homepage, online communication used by

the school, via email and a written notice with information on how to access the report, sent to a

responsible adult in their preferred language for each student attending school within the building

being phased-out, merged or closed:

     (1) A public, detailed, quantitative and qualitative report regarding building facility

conditions, the estimated cost to repair the building, identification of possible uses of space for the

building once it has been closed, including, but not limited to, lease, sale, and demolition, RICAS

data, the school's report card, the school's improvement plan, student enrollment trends, attendance

data, existing classroom sizes, special education services and programs offered at the school, the

proposed timeline of the proposed closure, phase-out or school merger, and an explanation

describing the reasons for the proposed closure or merger of the public school;

     (2) A contingency transition plan regarding enrollment and transportation options for

families and students who would be impacted by the closure, phase-out or merger of the school;

     (3) A contingency transition plan regarding services for students on an individualized

educational plan (IEP), 504 plan, or enrolled in special education who would be impacted by the

closure, phase-out or merger of the school. The contingency transition plan for students on an

individualized educational plan (IEP), 504 plan, or enrolled in special education must adhere to the

Individuals with Disabilities Education Act (IDEA) and Section 504 of the U.S. Rehabilitation Act;

and

     (4) A contingency transition plan for staff who will be impacted by the closure, merger, or

phase-out of the school.

     (f) Within thirty-five (35) days following the release of the report and contingency plans

required pursuant to subsection (d) of this section, the district or the department of elementary and

secondary education shall hold and host at least four (4) meetings in the following order:

     (1) A meeting with staff to share details of the proposed public school closure, phase-out

or merger. The meeting shall be advertised at least five (5) school days in advance and

communicated via an email and written notice;

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     (2) A meeting with students, the school's parent-teacher association, special education local

advisory group, and any other parents or responsible adults with students enrolled in the school.

The meeting shall be advertised at least five (5) school days in advance and communicated via the

school's website, an email, and written notice;

     (3) A virtual meeting with the students, school's parent-teacher association, special

education local advisory group, and any other parents or responsible adults with students enrolled

in the school. The meeting shall be advertised at least five (5) school days in advance and

communicated via the school's website, an email, and written notice;

     (4) A public forum hosted in a venue with a capacity of two hundred (200) or more to

share, discuss, and receive public comment around the closure or merger proposal with students,

families, community members, and staff with the requirement that the district superintendent or

commissioner of the department of elementary and secondary education be in attendance for the

duration of the forum along with administrative staff that can answer questions relevant to the report

and contingency transition plans referenced in this section. The forum shall be advertised at least

five (5) school days in advance and communicated via the school's website, an email, and written

notice;

     (g) After fourteen (14) days of hosting the public forum, the district or the department of

elementary and secondary education shall share their final decision around the proposed closure,

merger, or-phase out. If a decision is made to move forward with the proposed closure, merger, or-

phase out, the district or the department of elementary and secondary education shall share revised

contingency plans that incorporates feedback from the community meetings referenced in

subsection (f) of this section with impacted staff, students, and families.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

***

     This act would require specific actions and procedures that a public school district and the

department of elementary and secondary education would follow as a part of their proposal to phase

out, merge or close a public school.

     This act would take effect upon passage.

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