Rhode Island 2023 Regular Session

Rhode Island House Bill H5741 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO EDUCATION -- EDUCATION ACCOUNTABILITY ACT
1616 Introduced By: Representative Joseph M. McNamara
1717 Date Introduced: February 21, 2023
1818 Referred To: House Education
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Section 16-97.1-1 of the General Laws in Chapter 16-97.1 entitled 1
2323 "Education Accountability Act" is hereby amended to read as follows: 2
2424 16-97.1-1. Performances of local education agencies and individual public schools — 3
2525 Evaluation system — Assessment instruments — Reports. 4
2626 (a) The board of education (the “board”) shall adopt a system for evaluating, on an annual 5
2727 basis, the performance of both local education agencies (“LEAs”) and individual public schools. 6
2828 The system shall: 7
2929 (1) Include instruments designed to assess the extent to which schools and LEAs succeed 8
3030 in improving or fail to improve student performance, as defined by: 9
3131 (i) Student acquisition of the skills, competencies, and knowledge called for by the 10
3232 academic standards and embodied in the curriculum frameworks established in the areas of 11
3333 mathematics, English language arts, science and technology, history and social studies, world 12
3434 languages, and the arts; and 13
3535 (ii) Other gauges of student learning judged by the board to be relevant and meaningful to 14
3636 students, parents, teachers, administrators, and taxpayers. 15
3737 (2) Be designed both to measure outcomes and results regarding student performance, and 16
3838 to improve the effectiveness of curriculum and instruction. 17
3939 (3) In its design and application, strike a balance among considerations of accuracy, 18
4040 fairness, expense, and administration. 19
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4444 (4) Employ a variety of assessment instruments on either a comprehensive or statistically 1
4545 valid sampling basis. Such instruments shall: 2
4646 (i) Be criterion-referenced, assessing whether students are meeting the academic standards 3
4747 described in this chapter; 4
4848 (ii) As much as is practicable, especially in the case of students whose performance is 5
4949 difficult to assess using conventional methods, include consideration of work samples, projects, 6
5050 and portfolios, and shall facilitate authentic and direct gauges of student performance; 7
5151 (iii) Provide the means to compare student performance among the various school systems 8
5252 and communities in the state, and between students in other states and in other nations, especially 9
5353 those nations that compete with the state for employment and economic opportunities; 10
5454 (iv) Be designed to avoid gender, cultural, ethnic, or racial stereotypes; and 11
5555 (v) Recognize sensitivity to different learning styles and impediments to learning, which 12
5656 may include issues related, but not limited, to cultural, financial, emotional, health, and social 13
5757 factors. 14
5858 (5) Take into account, on a nondiscriminatory basis, the cultural and language diversity of 15
5959 students in the state and the particular circumstances of students with special needs. 16
6060 (6) Comply with federal requirements for accommodating children with special needs. 17
6161 (7) Allow all potential English-proficient students from language groups in which English 18
6262 language learner programs are offered opportunities for assessment of their performance in the 19
6363 language that best allows them to demonstrate educational achievement and mastery of academic 20
6464 standards and curriculum frameworks. 21
6565 (8) Identify individual schools and LEAs that need comprehensive support and 22
6666 improvement. 23
6767 (9) Incorporate the department of elementary and secondary education's SurveyWorks 24
6868 school climate indicators, or any other such future system used as a replacement or substitute for 25
6969 SurveyWorks to measure school climate indicators, disaggregated by LEAs and individual public 26
7070 schools. 27
7171 (b) The board shall take all appropriate action to bring about and continue the state’s 28
7272 participation in the assessment activities of the National Assessment of Educational Progress and 29
7373 in the development of standards and assessments by the New Standards Program. 30
7474 (c) In addition, comprehensive diagnostic assessment of individual students shall be 31
7575 conducted at least in the fourth, eighth, and tenth or eleventh grades. The diagnostic assessments 32
7676 shall identify academic achievement levels of all students in order to inform teachers, parents, 33
7777 administrators, and the students themselves, as to individual academic performance. 34
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8181 (d) The board shall develop procedures for updating, improving, or refining the assessment 1
8282 system. 2
8383 (e) The commissioner of elementary and secondary education (the “commissioner”) is 3
8484 authorized and directed to gather information, including the information specified herein and such 4
8585 other information as the board shall require, for the purposes of evaluating individual public 5
8686 schools, school districts, and the efficacy and equity of state and federally mandated programs. All 6
8787 information gathered pursuant to this section shall be filed in the manner and form prescribed by 7
8888 the department of education (the “department”). 8
8989 (f) The board shall establish and maintain a data system to collect information from school 9
9090 districts for the purpose of assessing the effectiveness of district evaluation systems in ensuring 10
9191 effective teaching and administrative leadership in the public schools. The information shall be 11
9292 made available in the aggregate to the public; provided, however, that the following information 12
9393 shall be considered personnel information and shall not be subject to disclosure: 13
9494 (1) Any data or information that school districts, the department, or both, create, send, or 14
9595 receive in connection with an educator assessment that is evaluative in nature and that may be 15
9696 linked to an individual educator, including information concerning: 16
9797 (i) An educator’s formative assessment or evaluation; 17
9898 (ii) An educator’s summative evaluation or performance rating; or 18
9999 (iii) The student learning, growth, and achievement data that may be used as part of an 19
100100 individual educator’s evaluation. 20
101101 (g) Each school district shall maintain individual records on every student and employee. 21
102102 Each student record shall contain a unique and confidential identification number, basic 22
103103 demographic information, program and course information, and such other information as the 23
104104 department shall determine necessary. The records shall conform to parameters established by the 24
105105 department. 25
106106 (h) For the purposes of improving the performance of school districts, individual public 26
107107 schools, and the efficacy and equity of state and federal programs, each district shall file with the 27
108108 commissioner once in each three-year (3) period a comprehensive, three-year (3) district 28
109109 improvement plan. The plan shall: 29
110110 (1) Be developed and submitted in a manner and form prescribed by the department of 30
111111 education. 31
112112 (2) To the extent feasible, be designed to fulfill all planning requirements of state and 32
113113 federal education laws. 33
114114 (3) Include, but not be limited to: 34
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118118 (i) An analysis of student and subgroup achievement gaps in core subjects; 1
119119 (ii) Identification of specific improvement objectives; 2
120120 (iii) A description of the strategic initiatives the district will undertake to achieve its 3
121121 improvement objectives; and 4
122122 (iv) Performance benchmarks and processes for evaluating the effect of district 5
123123 improvement initiatives. 6
124124 (4) Describe the professional development activities that will support each district 7
125125 improvement initiative and the teacher induction and mentoring activities that will be undertaken 8
126126 to support successful implementation of the district’s improvement efforts. 9
127127 (i) On an annual basis, not later than September 1 of each year, each district shall prepare 10
128128 and have available for state review an annual action plan. The district annual action plan shall: 11
129129 (1) Enumerate the specific activities, persons responsible, and timelines for action to be 12
130130 taken as part of the strategic initiatives set forth in the district’s three-year (3) improvement plan; 13
131131 and 14
132132 (2) Identify the staff and financial resources allocated to support these activities. 15
133133 (j) Annually, the principal of each school shall: 16
134134 (1) In consultation with the school improvement team, adopt student performance goals for 17
135135 the schools consistent with the school performance goals established by the department of 18
136136 education pursuant to state and federal law and regulations; 19
137137 (2) Consistent with any educational policies established for the district, assess the needs of 20
138138 the school in light of those goals; 21
139139 (3) Formulate a school plan to advance such goals and improve student performance. The 22
140140 school’s plan to support improved student performance shall: 23
141141 (i) Include, but not be limited to, the same components required for the district 24
142142 improvement plan; 25
143143 (ii) Conform to department and district specifications to ensure that such school 26
144144 improvement plans meet state and federal law requirements; and 27
145145 (iii) Be submitted to the superintendent who shall review and approve the plan, after 28
146146 consultation with the school committee, not later than July 1 of the year in which the plan is to be 29
147147 implemented, according to a plan development and review schedule established by the district 30
148148 superintendent; and 31
149149 (4)(i) Prepare and have available for district and state review by July 1 annually, a report, 32
150150 based on SurveyWorks or other data collection, that shall provide aggregated graduating student 33
151151 data on race, ethnicity, and gender for the following: 34
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155155 (A) The total number of students graduating; 1
156156 (B) The total number of students graduating who are applying for admission to a college, 2
157157 university, or vocational training program; 3
158158 (C) The total number of students completing a free application for federal student aid 4
159159 (“FAFSA”) form; and 5
160160 (D) The total number of students who are eligible to fill out and submit a FAFSA form. 6
161161 (ii) The department shall include, in SurveyWorks or an equivalent data collection tool, 7
162162 inquiries to collect the data and information referenced in subsection (j)(4)(i) of this section. 8
163163 (k) The three-year (3) comprehensive district plan, annual district action plan, and annual 9
164164 school improvement plan shall replace any district and school plans previously required under the 10
165165 general laws or regulation, that, in the professional opinion of the commissioner, would be most 11
166166 effectively presented as part of the coordinated district or school plan for improving student 12
167167 achievement. The department shall identify any additional reports or plans called for by any general 13
168168 law or regulation that can be incorporated into this single filing in order to reduce paperwork and 14
169169 eliminate duplication. 15
170170 (l) Each school district in which more than twenty percent (20%) of the students do not 16
171171 meet grade-level expectations of at least proficient or its equivalent on the Rhode Island 17
172172 comprehensive assessment system exam (“RICAS”) shall submit a RICAS success plan to the 18
173173 department. The plan shall describe the school district’s strategies for helping each student to 19
174174 master the skills, competencies, and knowledge required for the competency determination. In 20
175175 recognition of the department’s mission as a district support agency, then at the request of the 21
176176 district or in response to reporting data provided under this subsection, the department shall: 22
177177 (1) Determine the elements that shall be required to be included in such plan. These 23
178178 elements may include, but are not limited to, the following: 24
179179 (i) A plan to assess each student’s strengths, weaknesses, and needs; 25
180180 (ii) A plan to use summer school, after school, and other additional support to provide each 26
181181 child with the assistance needed; and 27
182182 (iii) A plan for involving the parents of students. 28
183183 (2) Examine each district’s plan and determine if it has a reasonable prospect of 29
184184 significantly reducing the school district’s failure rates. 30
185185 (3) Coordinate oversight of the RICAS success plans with existing education review and 31
186186 oversight functions and with the RICAS grant program. 32
187187 (m) Each school district shall file a report with the department every year by a date and in 33
188188 a format determined by the board. The report shall include, but not be limited to, the following: 34
189189
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192192 (1) An outline of the curriculum and graduation requirements of the district; 1
193193 (2) Pupil/teacher ratios and class size policy and practice; 2
194194 (3) Teacher and administrator evaluation procedures; 3
195195 (4) Statistics, policies, and procedures relative to truancy and dropouts; 4
196196 (5) Statistics, policies, and procedures relative to expulsions and in-school and out-of-5
197197 school suspensions; 6
198198 (6) Percent of school-age children attending public schools: 7
199199 (7) Racial composition of teaching and administrative staff; 8
200200 (8) Enrollment and average daily attendance; and 9
201201 (9) The annual budgets and expenditures for both the district and the individual schools in 10
202202 the district. 11
203203 (n) Each school district shall file a description of the following instructional procedures 12
204204 and programs with the department every year: 13
205205 (1) Art and music programs; 14
206206 (2) Technology education; 15
207207 (3) Programs for gifted and talented students; 16
208208 (4) Adult education programs; 17
209209 (5) Library and media facilities; 18
210210 (6) Condition of instructional materials, including textbooks, workbooks, audio-visual 19
211211 materials, and laboratory materials; 20
212212 (7) Types and condition of computers and computer software; 21
213213 (8) Basic skills remediation programs; 22
214214 (9) Drug, tobacco, and alcohol abuse programs; 23
215215 (10) Multi-cultural education training for students and teachers; 24
216216 (11) Global education; and 25
217217 (12) Nutrition and wellness programs. 26
218218 (o) Each school district and charter school shall file an annual report for the current school 27
219219 year regarding implementation with the department on or before every November 1 in a format 28
220220 determined by the board. The report shall include, but not be limited to, the following: 29
221221 (1) The number of children receiving services within each disability category; 30
222222 (2) The number of children, by grade level, within each disability category and the costs of 31
223223 services provided by each such category for such children receiving their education in a publicly 32
224224 operated day school program; 33
225225 (3) The number of children, by grade level, within each disability category and the costs of 34
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229229 services provided by each category for these children receiving their education in a private day 1
230230 setting; 2
231231 (4) The number of children, by grade level, within each such disability category and the 3
232232 costs of services provided by each such category for such children receiving their education in a 4
233233 private residential setting; 5
234234 (5) The number of children who remain in the regular education program full-time; the 6
235235 number of children who are removed from the regular classroom for up to twenty-five percent 7
236236 (25%) of the day; the number of children who are removed from the regular classroom between 8
237237 twenty-five percent (25%) and sixty percent (60%) of the day; 9
238238 (6) The number of children who are placed in substantially separate classrooms on a regular 10
239239 education school site; 11
240240 (7) The number of children, ages three (3) and four (4) who are educated in integrated and 12
241241 separate classrooms; and the assignment, by sex, national origin, economic status, and race, of 13
242242 children by age level, to special education classes and the distribution of children residing in the 14
243243 district, by sex, national origin, economic status, and race of children by age level; and 15
244244 (8) The number of children, by grade level, receiving special education services who have 16
245245 limited English proficiency. 17
246246 (p) Each school district and charter school shall furnish in a timely manner such additional 18
247247 information as the department shall request. 19
248248 (q) Each school district required to provide an English language learners program shall file 20
249249 the following information with the department annually: 21
250250 (1) The type of English language learners programs provided; 22
251251 (2) With regard to limited English proficient students: 23
252252 (i) The number enrolled in each type of English language learners program; 24
253253 (ii) The number enrolled in English as a second language who are not enrolled in another 25
254254 English language learners program; 26
255255 (iii) The results of basic skills, curriculum assessment, achievement, and language 27
256256 proficiency testing, whether administered in English or in the native language; 28
257257 (iv) The absentee, suspension, expulsion, dropout, and promotion rates; and 29
258258 (v) The number of years each limited English proficient student has been enrolled in an 30
259259 English language learners program; 31
260260 (3) The number of students each year who have enrolled in institutions of higher education 32
261261 and were formerly enrolled in an English language learners program; 33
262262 (4) The academic progress in regular education of students who have completed an English 34
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266266 language learners program; 1
267267 (5) For each limited English proficient student receiving special education, the number of 2
268268 years in the school district prior to special education evaluation and the movement in special 3
269269 education programs by program placement; 4
270270 (6) The number of limited English proficient students enrolled in programs of occupational 5
271271 or vocational education; 6
272272 (7) The name, national origin, native language, certificates held, language proficiency, 7
273273 grade levels, and subjects taught by each teacher of an English language learners program, bilingual 8
274274 aides or paraprofessionals, bilingual guidance or adjustment counselors, and bilingual school 9
275275 psychologists; 10
276276 (8) The per-pupil expenditures for each full-time equivalent student enrolled in an English 11
277277 language learners program; 12
278278 (9) The sources and amounts of all funds expended on students enrolled in English 13
279279 language learners programs, broken down by local, state, and federal sources, and whether any such 14
280280 funds expended supplanted, rather than supplemented, the local school district obligation; 15
281281 (10) The participation of parents through parent advisory councils; 16
282282 (11) Whether there were any complaints filed with any federal or state court or 17
283283 administrative agency, since the program’s inception, concerning the compliance with federal or 18
284284 state minimum legal requirements, the disposition of the complaint, and the monitoring and 19
285285 evaluation of any such agreement or court order relative to the complaint; and 20
286286 (12) This information shall be filed in the form of the total for the school district as well as 21
287287 categorized by school, grade, and language. 22
288288 (r) The commissioner annually shall analyze and publish data reported by school districts 23
289289 under this section regarding English language learners programs and limited English proficient 24
290290 students. Publication shall include, but need not be limited to, availability on the department’s 25
291291 website. The commissioner shall submit annually a report to the committees of jurisdiction for 26
292292 education in the house of representatives and senate on this data on a statewide and school district 27
293293 basis including, but not limited to, by language group and type of English language learners 28
294294 programs. 29
295295 (s) For the purposes of this chapter, “local education agencies” shall include all of the 30
296296 following within the state of Rhode Island: 31
297297 (1) Public school districts; 32
298298 (2) Regional school districts; 33
299299 (3) State-operated schools; 34
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303303 (4) Regional collaborative schools; and 1
304304 (5) Charter schools and mayoral academies. 2
305305 SECTION 2. This act shall take effect upon passage. 3
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312312 EXPLANATION
313313 BY THE LEGISLATIVE COUNCIL
314314 OF
315315 A N A C T
316316 RELATING TO EDUCATION -- EDUCATION ACCOUNTABI LITY ACT
317317 ***
318318 This act would incorporate the department of elementary and secondary education’s 1
319319 SurveyWorks school climate indicators disaggregated by local education agencies ("LEAs") and 2
320320 individual public schools, or any other such future system used as a replacement or substitute for 3
321321 SurveyWorks to measure school climate indicators for evaluating the performance of LEAs and 4
322322 individual public schools. 5
323323 This act would take effect upon passage. 6
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