2025 -- S 0747

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LC001470

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO EDUCATION -- TEACHERS' TENURE

     Introduced By: Senator Samuel D. Zurier

     Date Introduced: March 07, 2025

     Referred To: Senate Labor & Gaming

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-13-6 of the General Laws in Chapter 16-13 entitled "Teachers’

Tenure" is hereby amended to read as follows:

     16-13-6. Suspension because of decrease in school population — Seniority —

Reinstatement.

     (a)(1) For all local education authorities other than the Providence public school district, A

a school board may, by reason of a substantial decrease of pupil population within its school system,

suspend teachers in numbers necessitated by the decrease in pupil population; provided, however,

that suspension of teachers shall be in the inverse order of their employment unless it is necessary

to retain certain teachers of technical subjects whose places cannot be filled by teachers of earlier

appointment; and, provided further, that teachers who are suspended shall be reinstated in the

inverse order of their suspension. No new appointments shall be made while there are available

teachers so suspended.

     (2)(i) The Providence public school district board may, by reason of a substantial decrease

of pupil population within its school system, suspend teachers in numbers necessitated by the

decrease in pupil population; provided, however, that no teacher with tenure shall be laid off

pursuant to a reduction in force or reorganization, if there is a teacher without tenure for whose

position the covered employee is currently certified or if there is a less qualified teacher with tenure

holding the same or similar position for which the covered employee is currently certified. No

teacher with tenure shall be displaced in accordance with the terms of a collective bargaining

agreement or otherwise by a more senior teacher with tenure unless the more senior teacher is

currently certified and is at least as qualified for the position as the junior teacher holding the

position.

     (ii) The criteria for determining a qualified teacher under this subsection shall be subject

to the collective bargaining agreement; provided, however, that any such collectively bargained for

qualifications shall include, as the primary factors, indicators of job performance, including overall

ratings resulting from comprehensive evaluations and the best interests of the students in the school

or district.

     (iii) A teacher meeting one of the following criteria and who has not received an

unsatisfactory performance evaluation in the school year immediately prior to the school year in

which a layoff is announced shall be exempted without regard to tenure:

     (A) A teacher who graduated from an in-district secondary school if the district has higher

than the state percentage of high-needs students, as defined by the department;

     (B) A teacher who works in a school that is among the top twenty percent (20%) of schools

with the highest percentage of high-needs students in the district, as defined by the department;

     (C) A teacher who works in a school that is among the top twenty percent (20%) of schools

with the lowest staff retention in the district;

     (D) A teacher deemed by the department as a teacher of the year;

     (E) A teacher who received the highest rating on a performance evaluation delivered in

either or both of the school years immediately prior to the school year in which a layoff is

announced; or

     (F) A teacher with linguistic proficiency in relation to an in-district language or dialect.

For purposes of this subsection, linguistic proficiency means:

     (I) Holding the state’s Bilingual Education Endorsement;

     (II) Achieving at least an Advanced Low score on the Oral Proficiency Interview or Writing

Proficiency Test proficiency tests offered through the American Council for the Teaching of

Foreign Languages; or

     (III) Another method of verification or attestation of proficiency as determined by the

district superintendent. For the purpose of this subsection, in relation to an in-district language or

dialect shall mean proficiency specifically in a language or dialect other than English that is spoken

by the greater of:

     (aa) Five percent (5%) or more of the students enrolled at the school where a teacher is

assigned or, if the teacher is not assigned to a school, of the students enrolled in the district; or

     (bb) At five percent (5%) or more of the homes of the students enrolled at the school where

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a teacher is assigned or, if the teacher is not assigned to a school, of the homes of the students

enrolled in the district.

     (iv) Among the remaining teachers without tenure, no teacher shall be laid off pursuant to

a reduction in force or reorganization if there is a less qualified teacher without such status holding

the same or similar position for which the covered employee is currently certified.

     (v) The school committee and the collective bargaining representative may negotiate for

seniority or length of service only as a tie-breaker in personnel actions under this subsection among

teachers whose qualifications are no different using the qualifications collectively bargained for in

accordance with this subsection.

     (b) Notice of suspension under this section and § 16-13-5 shall be given, in writing, by the

governing body of schools on or before June 1 notifying the teacher that his or her employment for

the ensuing year shall be suspended, provided however, notice by that date need not be provided in

the instance of an emergency performance-related cause.

     SECTION 2. This act shall take effect upon passage.

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LC001470

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- TEACHERS' TENURE

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     This act would allow the Providence public school district, by reason of a substantial

decrease of pupil population within its school system, to suspend teachers in numbers necessitated

by the decrease in pupil population and provide a process for any suspensions.

     This act would take effect upon passage.

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LC001470

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