2024 -- S 2284

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LC004093

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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 -- INNOVATION SCHOOLS

     

     Introduced By: Senators de la Cruz, Ciccone, Burke, Rogers, E Morgan, and Zurier

     Date Introduced: February 12, 2024

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

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adding thereto the following chapter:

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CHAPTER 77.5

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INNOVATION SCHOOLS

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     16-77.5-1. Establishment and purpose of innovation schools.

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     An innovation school shall be a public school, operating within a public school district,

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that is established for the purpose of improving school performance and student achievement

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through increased autonomy and flexibility. An innovation school may be established as a new

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public school or as a conversion of an existing public school. A student who is enrolled in a school

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at the time it is established as an innovation school shall retain the ability to remain enrolled in the

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school if the student chooses to do so.

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     16-77.5-2. Advisory board.

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     (a) An innovation school may establish an advisory board of trustees.

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     (1) An innovation school shall have increased autonomy and flexibility in one or more of

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the following areas:

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     (i) Curriculum;

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     (ii) Budget;

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     (iii) School schedule and calendar;

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     (iv) Staffing policies and procedures, including waivers from or modifications to, contracts

 

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or collective bargaining agreements;

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     (v) School district policies and procedures; and

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     (vi) Professional development.

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     (2) An innovation school shall receive each school year from the school committee the

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same per pupil allocation as any other district school receives. An innovation school may retain

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any unused funds and use the funds in subsequent school years. An innovation school may establish

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a nonprofit organization that may, among other things, assist the school with fundraising. A district

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shall not reduce its funding to an innovation school as a result of the school's fundraising activities.

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     16-77.5-3. Innovation plan.

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     (a) An innovation school established under this chapter shall be authorized by the local

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school committee and shall operate according to an innovation plan, which shall articulate the areas

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of autonomy and flexibility under this chapter.

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     (1) To the extent practicable, the innovation plan shall be based on student outcome data,

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including, but not limited to:

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

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     (ii) Other measures of student achievement, approved by the commissioner, as appropriate;

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     (iii) Student promotion, graduation rates and dropout rates;

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

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as defined by § 45-24.2-2, English language learners, and students receiving special education

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services; and

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     (v) Student attendance, dismissal rates and exclusion rates.

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     (2) An innovation school shall operate in accordance with the law regulating other public

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schools, except as the law conflicts with this section or any innovation plans created thereunder.

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     (b) An innovation school is a school in which:

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     (1) Faculty and leadership are primarily responsible for developing the innovation plan

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under which the school operates and leadership is responsible for meeting the terms of the

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innovation plan; or

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     (2) An external partner is primarily responsible for developing the innovation plan under

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which the school operates and the external partner is responsible for meeting the terms of the

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innovation plan.

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     (c) Nothing in this section shall be construed to prohibit:

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      (1) The establishment of an innovation school as an academy within an existing public

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school;

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     (2) The establishment of an innovation school serving students from two (2) or more school

 

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districts; provided, however, that all of the provisions of this section are met by each school district;

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or

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     (3) The simultaneous establishment of two (2) or more innovation schools as an innovation

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schools zone within a school district.

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     16-77.5-4. Eligible applicants.

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     (a) The following shall be eligible applicants for the purposes of establishing an innovation

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school:

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     (1) Parents;

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     (2) Teachers;

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     (3) Parent-teacher organizations;

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     (4) Principals;

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     (5) Superintendents;

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     (6) School committees;

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     (7) Teacher unions;

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     (8) Colleges and universities;

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     (9) Nonprofit community-based organizations;

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     (10) Nonprofit business or corporate entities;

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     (11) Nonprofit charter school operators;

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     (12) Nonprofit education management organizations;

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     (13) Educational collaboratives;

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     (14) Consortia of these groups; and

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     (15) Nonprofit entities authorized by the commissioner. Private and parochial schools shall

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not be eligible to operate an innovation school.

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     16-77.5-5. Procedure to establish an innovation school.

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     (a) The local school committee, local teacher's union and superintendent of the school

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district shall follow a process, consistent with this chapter, for which an existing district school

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may be converted to an innovation school or by which a new innovation school may be established

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within the district.

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     (1) This process shall require that an eligible applicant proposing to establish an innovation

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school prepare a prospectus regarding the proposed school. The prospectus shall include, but not

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be limited to, a description of:

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     (i) Whether the school will be a new school or a conversion of an existing school;

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     (ii) If the school is a new school, the proposed location of the school;

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     (iii) If the school is a conversion of an existing school, the school that is being proposed

 

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for conversion;

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     (iv) The external partners, if any, that will be involved in the school;

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     (v) The number of students the school is anticipated to serve and the number of staff

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expected to be employed at the school;

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     (vi) The overall vision for the school, including improving school performance and student

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achievement;

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     (vii) Specific needs or challenges the school shall be designed to address;

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     (viii) A preliminary assessment of the autonomy and flexibility that the school will seek;

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     (ix) Why such flexibility is desirable to carry out the objectives of the school;

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     (x) Anticipated components of the school's innovation plan;

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     (xi) A preliminary description of the process that shall be used to involve appropriate

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stakeholders in the development of the innovation plan; and

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     (xii) A proposed timetable for development and establishment of the proposed school.

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     (b) Upon completion of the prospectus required under subsection (a) of this section, an

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eligible applicant shall submit the prospectus to the superintendent, who shall within thirty (30)

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days convene a screening committee consisting of the superintendent, or designee, a school

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committee member, or designee selected by the school committee and a representative from the

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leadership of the local teacher's union.

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     (1) The screening committee shall review the prospectus for the purpose of determining

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whether the prospectus:

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     (i) Presents a sound and coherent plan for improving school performance and student

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achievement;

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     (ii) Supports or enhances existing educational efforts in the school district; and

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     (iii) Reasonably can be expanded into a comprehensive innovation plan. In the case of a

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new school, the committee will prepare an impact statement describing how the new school will

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affect the children and faculty in the district.

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     (2) Within thirty (30) days of receiving a prospectus, the screening committee shall decide,

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on the basis of a two-thirds (2/3) vote, to accept or reject the prospectus, or return the prospectus

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to the eligible applicant for revisions. If a prospectus is rejected or returned, the screening

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committee shall submit a detailed explanation for the decision to the applicant. A prospectus that

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is rejected or returned may be revised and resubmitted for subsequent consideration.

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     (c)(1) Upon the acceptance of a prospectus by the screening committee, the applicant shall

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form an innovation plan committee of not more than eleven (11) members within thirty (30) days.

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     (2) The purpose of the innovation plan committee shall be to:

 

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     (i) Develop the innovation plan described in this chapter;

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     (ii) Assure that appropriate stakeholders are represented in the development of the

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proposed innovation school; and

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     (iii) Provide meaningful opportunities for the stakeholders to contribute to the development

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of such school.

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     (d)(1) The size and composition of the innovation plan committee shall be determined by

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the applicant; provided, however, that the committee shall include:

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     (i) The applicant;

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     (ii) The superintendent or designee;

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     (iii) A school committee member or designee;

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     (iv) A parent who has one or more children enrolled in the school, or in the case of a new

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school, from the school district;

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     (v) A principal employed by the school district; and

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     (vi) Two (2) teachers employed by the school district. The applicant shall select the parent

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from among nominees submitted by parent-teacher organizations in the school district. If the school

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district does not contain a parent-teacher organization or if the organization does not submit

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nominees, the applicant shall select the parent from among volunteers in the area or community the

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proposed school is expected to serve. The applicant shall select the principal and one teacher from

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among volunteers in the school district and one teacher from among nominees submitted by the

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local teacher's union.

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     (e)(1) Upon the formation of the innovation plan committee, the committee shall develop

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the innovation plan for the proposed innovation school. The purpose of the innovation plan shall

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be to comprehensively articulate the areas of autonomy and flexibility that the proposed school will

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use.

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     (2) The innovation plan shall include, but not be limited to:

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     (i) A curriculum plan, which shall include a detailed description of the curriculum and

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related programs for the proposed school and how the curriculum is expected to improve school

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performance and student achievement;

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      (ii) A budget plan, which shall include a detailed description of how funds shall be used

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differently in the proposed school to support school performance and student achievement;

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     (iii) A school schedule plan, which shall include a detailed description of the ways, if any,

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the program or calendar of the proposed school will be enhanced or expanded;

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      (iv) A staffing plan, which shall include a detailed description of how the school principal,

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administrators, faculty and staff will be recruited, employed, evaluated and compensated in the

 

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proposed school and any proposed waivers or modifications of collective bargaining agreements;

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     (v) A policy and procedures plan, which shall include a detailed description of the unique

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operational policies and procedures to be used by the proposed school and how the procedures shall

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support school performance and student achievement; and

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     (vi) A professional development plan, which shall include a detailed description of how

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the school may provide high-quality professional development to its administrators, teachers and

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staff.

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     (3) In order to assess the proposed school across multiple measures of school performance

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and student success, the innovation plan shall also include measurable annual goals including, but

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not limited to, the following:

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      (i) Student attendance;

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     (ii) Student safety and discipline;

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     (iii) Student promotion and graduation and dropout rates;

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

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      (v) Progress in areas of academic underperformance; and

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     (vi) Progress among subgroups of students, including low-income residents as defined by

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§ 45-24.2-2.

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     (4) A majority vote of the innovation plan committee shall be required for approval of the

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innovation

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     (f) The provisions of the collective bargaining agreements applicable to the administrators,

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teachers and staff in the school shall be considered to be in operation at an innovation school, except

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to the extent the provisions are waived or modified under the innovation plan and such waivers or

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modifications are approved

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     (g) In the case of a school conversion, upon completion of the innovation plan the applicant

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shall submit the innovation plan to teachers in the school that is proposed for conversion for

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approval by secret ballot within thirty (30) days. A two-thirds (2/3) vote of the teachers shall be

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required to approve the plan. Upon approval of an innovation plan by the applicable union members

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the plan shall, within seven (7) days, be submitted to the school committee. If a two-thirds (2/3)

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vote is not achieved, the innovation plan committee may revise the innovation plan as necessary

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and submit the revised plan to the teachers for a subsequent vote.

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     16-77.5-6. School committee approval - New schools.

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     (a) In the case of a new school, upon the completion of the innovation plan the applicant,

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a local union and the superintendent shall negotiate waivers or modifications to the applicable

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collective bargaining agreement necessary for the school to implement the innovation plan. Upon

 

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the conclusion of the negotiations, the innovation plan shall be submitted immediately to the school

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committee. If the negotiations have not resulted in an agreement within forty (40) days, either party

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may petition the department of labor and training (the "department") relations for the selection of

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an arbitrator. The department shall select an arbitrator within three (3) days of the petition from a

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list submitted by the parties. The arbitrator shall conduct a hearing within fourteen (14) days of the

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arbitrator's selection. The arbitrator shall consider the parties' positions and the needs of the students

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in the district. The arbitrator's decision shall be consistent with the contents of the innovation plan

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developed by the applicant. The arbitrator shall, within fourteen (14) days of the close of the

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hearing, submit a decision which shall be final and binding on the parties.

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     (b) Upon receipt of an innovation plan regarding an innovation school, a school committee

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shall hold at least one public hearing on the innovation plan. After the public hearing, but not later

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than sixty (60) days after the receipt of the innovation plan, the school committee shall, on the basis

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of the quality of the plan and in consideration of comments submitted by the public, undertake a

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final vote to authorize the innovation school for a period of not more than five (5) years. Approval

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of the majority of the school committee as fully constituted shall be required to authorize an

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innovation school. If the approval is not obtained, an innovation plan committee may revise the

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innovation plan and:

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     (1) In the case of a new school, submit the revised plan to the school committee for a

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subsequent vote; or

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     (2) In the case of a conversion, submit the revised plan to the teachers in the school that is

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proposed for conversion for a vote; provided, however, that the plan meets the requirements for

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approval, submit the revised plan to the school committee for a subsequent vote. A school

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committee shall vote on a revised plan submitted pursuant to this subsection within sixty (60) days

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of the receipt of such plan and contract.

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     (c) All innovation schools authorized shall be evaluated by the superintendent at least

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annually. The superintendent shall transmit the evaluation to the school committee and the

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commissioner of elementary and secondary education. The purpose of the evaluation shall be to

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determine whether the school has met the annual goals in its innovation plan and assess the

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implementation of the innovation plan at the school. If the school committee determines, on the

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advice of the superintendent, that the school has not met one or more goals in the innovation plan

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

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the school committee may amend the innovation plan as necessary. After the superintendent

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assesses the implementation of the innovation plan at the school, the school committee may, on the

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advice of the superintendent, amend the plan if the school committee determines that the

 

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

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components of the plan, including, but not limited to, changes to contracts, collective bargaining

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agreements or school district policies; provided, however, that an amendment involving a

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subsequent change to a teacher contract shall first be approved by teachers at the school under the

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procedures in this chapter.

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     (d) If the school committee determines, on the advice of the superintendent, that the school

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has substantially failed to meet multiple goals in the innovation plan, the school committee may:

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     (1) Limit one or more components of the innovation plan;

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     (2) Suspend one or more components of the innovation plan; or

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     (3) Terminate the authorization of the school; provided, however, that the limitation or

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suspension shall not take place before the completion of the second full year of the operation of the

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school and the termination shall not take place before the completion of the third full year of the

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operation of the school.

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     16-77.5-7. Extension of authorization.

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     (a) At the end of the period of authorization of an innovation school approved here under,

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the leadership of the school may petition the school committee to extend the authorization of the

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school for an additional period of not more than five (5) years. Before submitting the petition, the

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leadership of the school shall convene a selection of school stakeholders, including, but not limited

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to, administrators, teachers, other school staff, parents and external partners, as applicable, to

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discuss whether the innovation plan at the school requires revision and to solicit recommendations

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as to the potential revisions. After considering the recommendations of the stakeholder group, the

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leadership of the school and the applicable superintendent shall jointly update the innovation plan

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as necessary; provided, however, that a proposal regarding a new waiver or exemption from the

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local teacher's union contract shall be approved by teachers at the school. Approval of the majority

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of the school committee as fully constituted shall be required to extend the period of authorization

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of an innovation school. If the approval is not obtained, the leadership of the school and

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superintendent may jointly revise the innovation plan and submit the revised plan to the school

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committee for a subsequent vote. If the school committee does not extend the authorization of the

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school, the leadership of the school may seek the authorization from the board of elementary and

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secondary education. The board shall vote on the requested extension within sixty (60) days of its

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receipt for approval of such extension.

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     (b) The commissioner of elementary and secondary education (the "commissioner") shall,

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to the extent practicable, be responsible for the following:

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     (1) The provision of planning and implementation grants to eligible applicants to establish

 

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innovation schools;

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     (2) Provision of technical assistance and support to eligible applicants;

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     (3) The collection and publication of data and research related to the innovation schools

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initiative;

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     (4) The collection and publication of data and research related to successful programs

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serving English language learners attending innovation schools; and

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     (5) The collection and dissemination of best practices in innovation schools that may be

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adopted by other public schools.

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     (c) The board of education shall promulgate regulations necessary to carry out this section.

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Annually, the commissioner shall report to the board of education, the house and senate committees

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on education, the speaker of the house of representatives, and the senate president, on the

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implementation and fiscal impact of this section.

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     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 -- INNOVATION SCHOOLS

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     This act would allow for the establishment of innovation schools for the purpose of

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improving school performance and student achievement through increased autonomy and

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flexibility.

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     This act would take effect upon passage.

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