2025 -- S 0861

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LC001467

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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 -- THE PAUL W. CROWLEY RHODE ISLAND STUDENT

INVESTMENT INITIATIVE

     Introduced By: Senator Samuel D. Zurier

     Date Introduced: March 21, 2025

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-7.1-5.2 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:

     16-7.1-5.2. State intervention in the Providence public school district — Additional

requirements.

     (a) For the duration of the effective period of the order of reconstitution and control, any

collective bargaining agreement entered into on behalf of the Providence public school district shall

not take effect until ratified by the council on elementary and secondary education at a public

hearing held no earlier than seven (7) days after the terms of a tentative agreement ratified by the

union are made public.

     (b) When authorized by the board of regents, the commissioner shall designate a receiver

for the Providence public school district with all the powers of the superintendent and school

committee. The receiver shall be a nonprofit entity or 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 receiver

designated by the board 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. A receiver shall be subject to chapter 2 of title 38 (“access

to public records”) and the Rhode Island code of ethics. A receiver 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 receiver'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 receiver may:

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

municipality may be sued;

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

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

     Not more than two and one-half percent (2.5%) of the total number of school districts may

be designated for management by a receiver at any given time.

     (c) The commissioner and the receiver shall jointly create a turnaround plan to promote the

rapid improvement of the chronically underperforming district. The plan shall specifically focus on

the school or schools in the district that have been designated as chronically underperforming under

subsection (m) of this section and the district policies or practices that have contributed to chronic

underperformance. Before creating the turnaround plan required in this subsection, the

commissioner and receiver 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 commissioner shall

provide due consideration to the recommendations of the local stakeholder group. The group shall

include:

     (1) The superintendent, or designee;

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

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

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

volunteers from the district;

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

     (6) A selection of parents from the district chosen by the local parent organization;

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

agencies chosen by the commissioner;

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

chosen by the commissioner;

     (9) A representative of an early education and care provider chosen by the commissioner

of the department of early education and care, or for middle or high schools, a representative of the

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higher education community selected by the secretary of education; and

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

receiver shall convene the group within thirty (30) days of the board designating a district as

chronically underperforming and the group shall make its recommendations to the commissioner

and receiver 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

receiver shall be publicly available immediately upon their submission.

     (d) In creating the turnaround plan, the commissioner and receiver 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:

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

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

     (3) Student promotion and graduation rates;

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

as provided in chapter 70 of title 16, English learners and students receiving special education; and

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

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

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

stakeholder group, the following:

     (1) Steps to address social service and health needs of students in the district and their

families in order to help students arrive and remain at school ready to learn; provided, however,

that this may include mental health and substance abuse screening;

     (2) Steps to improve or expand child welfare services and, as appropriate, law enforcement

services in the school district community, in order to promote a safe and secure learning

environment;

     (3) 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;

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

low-income, as applicable;

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

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

Rhode Island, federal government or other sources. The secretaries of health and human services,

public safety labor and training and other applicable state and local social service, health and child

welfare officials shall coordinate with the commissioner regarding the implementation of strategies

pursuant to subsections (e)(1) to (e)(3), inclusive, of this subsection that are included in an

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.

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

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

limited to, the following:

     (1) Student attendance, dismissal rates and exclusion rates;

     (2) Student safety and discipline;

     (3) Student promotion and graduation and dropout rates;

     (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 21st-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; and

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

grade, if applicable.

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

plan under subsection (c) of this section, the commissioner and the receiver may, after considering

the recommendations of the group of stakeholders:

     (1) 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

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not already have such programs or courses;

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

     (3) 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;

     (4) Expand the school day or school year or both of schools in the district;

     (5) Limit, suspend or change one or more provisions of any contract or collective

bargaining agreement in the district, including the adoption of model provisions identified by the

commissioner from among existing contracts or collective bargaining agreements in the state;

provided, however, that the commissioner shall not reduce the compensation of an administrator,

teacher or staff member unless the hours of the person are proportionately reduced;

     (6) Add pre-kindergarten and full-day kindergarten classes, if the district does not already

have the classes;

     (7) Following consultation with applicable local unions, require the principal and all

administrators, teachers and staff to reapply for their positions in the district, with full discretion

vested in the receiver regarding any such reapplications turnaround plan;

     (8) 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;

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

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

     (10) Provide for increased opportunities for teacher planning time and collaboration

focused on improving student instruction;

     (11) 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;

     (12) Establish steps to ensure 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;

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

deficiency in the district;

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

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of the district; and

     (15) Include additional components, at the discretion of the commissioner and the receiver,

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

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

     (i) If the commissioner does not approve a reapplication submitted by an employee

pursuant to subsection (g)(7) of this section for a position in a school or if an employee does not

submit a reapplication for a position in a school, the employee shall retain such rights as may be

provided under law or any applicable collective bargaining agreement in relation to the employee's

ability to fill another position in the district; provided, however, the employee shall not have the

right to displace any teacher with professional teacher status in any other school during a school

year.

     (ii) A teacher with professional teacher status in a school declared underperforming or

chronically underperforming may be dismissed for good cause; provided, however, the teacher

receives five (5) days written notice of the decision to terminate which shall include, without

limitation, an explanation of the reason why the commissioner/superintendent is not retaining the

teacher in the school; provided, further, that the teacher may seek review of a termination decision

within five (5) days after receiving notice of the teacher's termination by filing a petition for

expedited arbitration with the commissioner; provided, further, that except as otherwise provided

in, § 16-13-4 shall apply to a petition filed pursuant to this section; provided, further, that the

commissioner shall cause an arbitrator to be selected pursuant to the procedures in § 16-13-4 within

three (3) days of receipt of petition and shall conduct and complete a hearing within ten (10) days

of receipt of the petition; provided, further, that in reviewing dismissal decisions, the arbitrator shall

consider the components of the turnaround plan and shall also consider any personnel evaluations;

and provided, further, that the arbitrator's decision shall be issued within ten (10) days from the

completion of the hearing.

     (iii) For a district with English language learners, the professional development and

planning time for teachers and administrators as provided in subsections (g)(9) through (g)(11) of

this section shall include specific strategies and content designed to maximize the rapid academic

achievement of English language learners in the district.

     (h) If, after considering the recommendations of the group of stakeholders, pursuant to

subsection (g) of this section, the commissioner considers it necessary to maximize the rapid

academic achievement of students at an underperforming or chronically underperforming school

by altering the compensation, hours and working conditions of the administrators, teachers,

principals and staff at the school or by altering other provisions of a contract or collective

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bargaining agreement applicable to the administrators, teachers, principals and staff, the

commissioner may request that the school committee and any union bargain or reopen the

bargaining of the relevant collective bargaining agreements to facilitate such achievement. The

bargaining shall be conducted in good faith and completed not later than thirty (30) days from the

point at which the commissioner requested that the parties bargain. The agreement shall be subject

to ratification within ten (10) business days by the bargaining unit members in the school. If the

parties are unable to reach an agreement within thirty (30) days or if the agreement is not ratified

within ten (10) business days by the bargaining unit members of the school, the parties shall submit

remaining unresolved issues to a joint resolution committee for dispute resolution process on the

next business day following the end of the thirty (30) day bargaining period or failure to ratify. The

joint resolution committee shall be comprised of three (3) members, one of whom shall be

appointed by the employee organization within three (3) business days following the submission

of unresolved issues to the joint resolution committee, one of whom shall be appointed by the board

of regents within three (3) business days following the submission of unresolved issues to the joint

resolution committee and one who shall be selected through the American Arbitration Association

who shall forthwith forward to the parties a list of three (3) conciliators, each of whom shall have

professional experience in elementary and secondary education, from which the parties may agree

upon a single conciliator; provided, however, that if the parties cannot select a conciliator from

among the three (3) within three (3) business days, the American Arbitration Association shall

select a conciliator from the remaining names. The joint resolution committee shall conduct a

dispute resolution process to be concluded within ten (10) business days of selection. This process

shall be conducted in accordance with the rules of the American Arbitration Association and

consistent with this section; provided however, that all members of the joint resolution committee

must agree to any resolution. The fee for the process shall be shared equally between the two (2)

parties involved. The joint resolution committee shall consider the positions of the parties, the

designation of the school as underperforming or chronically underperforming, the designation of

the district as chronically underperforming, and the needs of the students in the school.

Notwithstanding any other provision of this chapter, the unanimous decision of the joint resolution

committee shall be dispositive of all the issues in dispute and shall be submitted to the parties within

ten (10) business days of the close of the hearing. Under no circumstance, shall a time extension be

granted beyond ten (10) business days of the close of the hearing. In the event that a unanimous

decision is not submitted to the parties within ten (10) business days, the commissioner shall resolve

all outstanding issues.

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

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subject to subsection (k) of this section. The commissioner and receiver 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 the provisions of subsection (g) of this section. The receiver shall

be responsible for meeting the goals of the turnaround plan.

     (j) The commissioner and receiver 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 district's turnaround plan. One of the quarterly reports shall be the annual

evaluation required in subsection (g) of this section.

     (k)(1) The commissioner shall evaluate the performance of the receiver 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 board and the local school

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

     (2) 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.

     (3) If the commissioner determines that the receiver 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, as necessary. After assessing the

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

contracts, collective bargaining agreements, or school district policies, in a manner consistent with

the provisions of subsection (g) of this section. If the commissioner determines that the receiver

has substantially failed to meet multiple goals in the turnaround plan, the commissioner may

terminate such receiver; provided, however, that the termination shall not occur before the

completion of the first full school year of the receivership of the district.

     (l) After the period of receivership, there shall be a reevaluation of a district's status under

this section. The board of elementary and secondary education shall adopt regulations providing

for:

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

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

receiver 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

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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 and board 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 receivership, the school committee of the district may petition the commissioner

for a determination as to whether the turnaround plan adopted under subsection (c) 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 board. A school committee may seek review by the board of elementary and

secondary education of an adverse determination.

     (m) If, on the basis of the regulations adopted by the board pursuant to subsection (l) of

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

chronically underperforming, the commissioner may jointly determine subsequent annual goals for

each component of the turnaround plan with the receiver and renew the turnaround plan for an

additional period of not more than three (3) years, or create a new turnaround plan, consistent with

the requirements of this section.

     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 -- THE PAUL W. CROWLEY RHODE ISLAND STUDENT

INVESTMENT INITIATIVE

***

     This act would allow the education commissioner, when authorized by the board of regents,

to designate a receiver for the Providence public school district with all the powers of the

superintendent and school committee.

     This act would take effect upon passage.

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