Rhode Island 2023 Regular Session

Rhode Island House Bill H6272 Latest Draft

Bill / Introduced Version Filed 04/07/2023

                             
 
 
 
2023 -- H 6272 
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LC002747 
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S T A T E O F R H O D E I S L A N D 
IN GENERAL ASSEMBLY 
JANUARY SESSION, A.D. 2023 
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A N   A C T 
RELATING TO EDUCATION -- EDUCATION ACCOUNTABILITY ACT 
Introduced By: Representatives Caldwell, and Dawson 
Date Introduced: April 07, 2023 
Referred To: House Education 
 
 
It is enacted by the General Assembly as follows: 
SECTION 1. Sections 16-97.1-1 and 16-97.1-2 of the General Laws in Chapter 16-97.1 1 
entitled "Education Accountability Act" are hereby amended to read as follows: 2 
16-97.1-1. Performances of local education agencies and individual public schools — 3 
Evaluation system — Assessment instruments — Reports. 4 
(a) The board of education (the “board”) shall adopt a system for evaluating, on an annual 5 
basis, the performance of both local education agencies (“LEAs”) and individual public schools. 6 
The system shall: 7 
(1) Include instruments designed to assess the extent to which schools and LEAs succeed 8 
in improving or fail to improve student performance, as defined by: 9 
(i) Student acquisition of the skills, competencies, and knowledge called for by the 10 
academic standards and embodied in the curriculum frameworks established in the areas of 11 
mathematics, English language arts, science and technology, history and social studies, world 12 
languages, and the arts; and 13 
(ii) Other gauges of student learning judged by the board to be relevant and meaningful to 14 
students, parents, teachers, administrators, and taxpayers. 15 
(2) Be designed both to measure outcomes and results regarding student performance, and 16 
to improve the effectiveness of curriculum and instruction. 17 
(3) In its design and application, strike a balance among considerations of accuracy, 18 
fairness, expense, and administration. 19   
 
 
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(4) Employ a variety of assessment instruments on either a comprehensive or statistically 1 
valid sampling basis. Such instruments shall: 2 
(i) Be criterion-referenced, assessing whether students are meeting the academic standards 3 
described in this chapter; 4 
(ii) As much as is practicable, especially in the case of students whose performance is 5 
difficult to assess using conventional methods, include consideration of work samples, projects, 6 
and portfolios, and shall facilitate authentic and direct gauges of student performance; 7 
(iii) Provide the means to compare student performance among the various school systems 8 
and communities in the state, and between students in other states and in other nations, especially 9 
those nations that compete with the state for employment and economic opportunities; 10 
(iv) Be designed to avoid gender, cultural, ethnic, or racial stereotypes; and 11 
(v) Recognize sensitivity to different learning styles and impediments to learning, which 12 
may include issues related, but not limited, to cultural, financial, emotional, health, and social 13 
factors. 14 
(5) Take into account, on a nondiscriminatory basis, the cultural and language diversity of 15 
students in the state and the particular circumstances of students with special needs. 16 
(6) Comply with federal requirements for accommodating children with special needs. 17 
(7) Allow all potential English-proficient students from language groups in which English 18 
language learner programs are offered opportunities for assessment of their performance in the 19 
language that best allows them to demonstrate educational achievement and mastery of academic 20 
standards and curriculum frameworks. 21 
(8) Identify individual schools and LEAs that need comprehensive support and 22 
improvement. 23 
(b) The board shall take all appropriate action to bring about and continue the state’s 24 
participation in the assessment activities of the National Assessment of Educational Progress and 25 
in the development of standards and assessments by the New Standards Program. 26 
(c) In addition, comprehensive diagnostic assessment of individual students shall be 27 
conducted at least in the fourth, eighth, and tenth or eleventh grades. The diagnostic assessments 28 
shall identify academic achievement levels of all students in order to inform teachers, parents, 29 
administrators, and the students themselves, as to individual academic performance. 30 
(d) The board shall develop procedures for updating, improving, or refining the assessment 31 
system. 32 
(e) The commissioner of elementary and secondary education (the “commissioner”) is 33 
authorized and directed to gather information, including the information specified herein and such 34   
 
 
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other information as the board shall require, for the purposes of evaluating individual public 1 
schools, school districts, and the efficacy and equity of state and federally mandated programs. All 2 
information gathered pursuant to this section shall be filed in the manner and form prescribed by 3 
the department of education (the “department”). 4 
(f) The board shall establish and maintain a data system to collect information from school 5 
districts for the purpose of assessing the effectiveness of district evaluation systems in ensuring 6 
effective teaching and administrative leadership in the public schools. The information shall be 7 
made available in the aggregate to the public; provided, however, that the following information 8 
shall be considered personnel information and shall not be subject to disclosure: 9 
(1) Any data or information that school districts, the department, or both, create, send, or 10 
receive in connection with an educator assessment that is evaluative in nature and that may be 11 
linked to an individual educator, including information concerning: 12 
(i) An educator’s formative assessment or evaluation; 13 
(ii) An educator’s summative evaluation or performance rating; or 14 
(iii) The student learning, growth, and achievement data that may be used as part of an 15 
individual educator’s evaluation. 16 
(g) Each school district shall maintain individual records on every student and employee. 17 
Each student record shall contain a unique and confidential identification number, basic 18 
demographic information, program and course information, and such other information as the 19 
department shall determine necessary. The records shall conform to parameters established by the 20 
department. 21 
(h) For the purposes of improving the performance of school districts, individual public 22 
schools, and the efficacy and equity of state and federal programs, each district shall file with the 23 
commissioner once in each three-year (3) period a comprehensive, three-year (3) district 24 
improvement plan. The plan shall: 25 
(1) Be developed and submitted in a manner and form prescribed by the department of 26 
education. 27 
(2) To the extent feasible, be designed to fulfill all planning requirements of state and 28 
federal education laws. 29 
(3) Include, but not be limited to: 30 
(i) An analysis of student and subgroup achievement gaps in core subjects; 31 
(ii) Identification of specific improvement objectives; 32 
(iii) A description of the strategic initiatives the district will undertake to achieve its 33 
improvement objectives; and 34   
 
 
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(iv) Performance benchmarks and processes for evaluating the effect of district 1 
improvement initiatives. 2 
(4) Describe the professional development activities that will support each district 3 
improvement initiative and the teacher induction and mentoring activities that will be undertaken 4 
to support successful implementation of the district’s improvement efforts. 5 
(i) On an annual basis, not later than September 1 December 31 of each year, each district 6 
shall prepare and have available for state review an annual action plan. The district annual action 7 
plan shall: 8 
(1) Enumerate the specific activities, persons responsible, and timelines for action to be 9 
taken as part of the strategic initiatives set forth in the district’s three-year (3) improvement plan; 10 
and 11 
(2) Identify the staff and financial resources allocated to support these activities. 12 
(j) Annually, the principal of each school shall: 13 
(1) In consultation with the school improvement team, adopt student performance goals for 14 
the schools consistent with the school performance goals established by the department of 15 
education pursuant to state and federal law and regulations; 16 
(2) Consistent with any educational policies established for the district, assess the needs of 17 
the school in light of those goals; 18 
(3) Formulate a school plan to advance such goals and improve student performance. The 19 
school’s plan to support improved student performance shall: 20 
(i) Include, but not be limited to, the same components required for the district 21 
improvement plan; 22 
(ii) Conform to department and district specifications to ensure that such school 23 
improvement plans meet state and federal law requirements; and 24 
(iii) Be submitted to the superintendent who shall review and approve the plan, after 25 
consultation with the school committee, not later than July 1 of the year in which the plan is to be 26 
implemented, according to a plan development and review schedule established by the district 27 
superintendent; and 28 
(4)(i) Prepare and have available for district and state review by July 1 annually, a report, 29 
based on SurveyWorks or other data collection, that shall provide aggregated graduating student 30 
data on race, ethnicity, and gender for the following: 31 
(A) The total number of students graduating; 32 
(B) The total number of students graduating who are applying for admission to a college, 33 
university, or vocational training program;  34   
 
 
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(C) The total number of students completing a free application for federal student aid 1 
(“FAFSA”) form; and 2 
(D) The total number of students who are eligible to fill out and submit a FAFSA form. 3 
(ii) The department shall include, in SurveyWorks or an equivalent data collection tool, 4 
inquiries to collect the data and information referenced in subsection (j)(4)(i) of this section. 5 
(k) The three-year (3) comprehensive district plan, annual district action plan, and annual 6 
school improvement plan shall replace any district and school plans previously required under the 7 
general laws or regulation, that, in the professional opinion of the commissioner, would be most 8 
effectively presented as part of the coordinated district or school plan for improving student 9 
achievement. The department shall identify any additional reports or plans called for by any general 10 
law or regulation that can be incorporated into this single filing in order to reduce paperwork and 11 
eliminate duplication. 12 
(l) Each school district in which more than twenty percent (20%) of the students do not 13 
meet grade-level expectations of at least proficient or its equivalent on the Rhode Island 14 
comprehensive assessment system exam (“RICAS”) shall submit a RICAS state assessment 15 
success plan, as defined by to the department. The plan shall describe the school district’s strategies 16 
for helping each student to master the skills, competencies, and knowledge required for the 17 
competency determination. In recognition of the department’s mission as a district support agency, 18 
then at the request of the district or in response to reporting data provided under this subsection, 19 
the department shall: 20 
(1) Determine the elements that shall be required to be included in such plan. These 21 
elements may include, but are not limited to, the following: 22 
(i) A plan to assess each student’s strengths, weaknesses, and needs; 23 
(ii) A plan to use summer school, after school, and other additional support to provide each 24 
child with the assistance needed; and 25 
(iii) A plan for involving the parents of students. 26 
(2) Examine each district’s plan and determine if it has a reasonable prospect of 27 
significantly reducing the school district’s failure rates. 28 
(3) Coordinate oversight of the RICAS success plans with existing education review and 29 
oversight functions and with the RICAS grant program. 30 
(m) Each school district shall file a report with the department every year by a date and in 31 
a format determined by the board. The report shall include, but not be limited to, the following: 32 
(1) An outline of the curriculum The status of the implementation of high quality 33 
curriculum adoption and graduation requirements of the district; 34   
 
 
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(2) Pupil/teacher ratios and class size policy and practice; 1 
(3) Teacher and administrator evaluation procedures; 2 
(4) Statistics, and policies, and procedures relative to truancy and dropouts; 3 
(5) Statistics, and policies, and procedures relative to expulsions and in-school and out-of-4 
school suspensions; 5 
(6) Percent of school-age children attending public schools: 6 
(7) Racial composition of teaching and administrative staff; 7 
(8) Enrollment and average daily attendance; and 8 
(9) The annual budgets and expenditures for both the district and the individual schools in 9 
the district. 10 
(n) Each school district shall file a description of the following instructional procedures 11 
and programs with the department every year and/or RIDE shall, where appropriate, provide the 12 
information: 13 
(1) Art and music programs; 14 
(2) Technology education, and/or computer science; 15 
(3) Programs for gifted and talented students; 16 
(4) Adult education programs; 17 
(5) Library and media facilities; 18 
(6) Condition of instructional materials, including textbooks, workbooks, audio-visual 19 
materials, and laboratory materials; 20 
(7) Types and condition of computers and computer software; 21 
(8) Basic skills remediation programs; 22 
(9) Drug, tobacco, and alcohol abuse programs; 23 
(10) Multi-cultural education training for students and teachers; 24 
(11) Global education; and 25 
(12) Nutrition and wellness programs. 26 
(o) Each school district and charter school shall file an annual report for the current school 27 
year regarding implementation with the department on or before every November December 1 in a 28 
format determined by the board. The report shall include, but not be limited to, the following: 29 
(1) The number of children receiving services within each disability category; 30 
(2) The number of children, by grade level, within each disability category and the costs of 31 
services provided by each such category for such children receiving their education in a publicly 32 
operated day school program; 33 
(3) The number of children, by grade level, within each disability category and the costs of 34   
 
 
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services provided by each category for these children receiving their education in a private day 1 
setting; 2 
(4) The number of children, by grade level, within each such disability category and the 3 
costs of services provided by each such category for such children receiving their education in a 4 
private residential setting; 5 
(5) The number of children who remain in the regular education program full-time; the 6 
number of children who are removed from the regular classroom for up to twenty-five percent 7 
(25%) of the day; the number of children who are removed from the regular classroom between 8 
twenty-five percent (25%) and sixty percent (60%) of the day; 9 
(6) The number of children who are placed in substantially separate classrooms on a regular 10 
education school site; 11 
(7) The number of children, ages three (3) and four (4) who are educated in integrated and 12 
separate classrooms; and the assignment, by sex, national origin, economic status, and race, of 13 
children by age level, to special education classes and the distribution of children residing in the 14 
district, by sex, national origin, economic status, and race of children by age level; and 15 
(8) The number of children, by grade level, receiving special education services who have 16 
limited English proficiency. 17 
(1) The number of children, by grade level, receiving special education services who have 18 
been classified as English language learners; and 19 
(2) Other data collections required by federal reporting guidelines related to students 20 
receiving special education services.  21 
(p) Each school district and charter school shall furnish in a timely manner such additional 22 
information as the department shall request. 23 
(q) Each school district required to provide an English language learners program shall file 24 
the following information with the department annually on or before November 1, with the first 25 
submission on or before November 1, 2024: 26 
(1) The type of English language learners programs provided; 27 
(2) With regard to limited English proficient students classified as English language 28 
learners: 29 
(i) The number enrolled in each type of English language learners program; 30 
(ii) The number enrolled in English as a second language who are not enrolled in another 31 
English language learners program; 32 
(iii) The results of basic skills, curriculum assessment, achievement, and on state content 33 
assessments as well as state language proficiency testing assessments, whether administered in 34   
 
 
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English or in the native language; 1 
(iv) The absentee, suspension, and expulsion, dropout, and promotion rates; and 2 
(v) The number of years each limited English proficient English language learner student 3 
has been enrolled in an English language learners program; 4 
(3) The number of students each year who have enrolled in institutions of higher education 5 
and were formerly enrolled in an English language learners program; 6 
(4) The academic progress in regular education of students who have completed an English 7 
language learners program; 8 
(5) For each limited English proficient English language learner student receiving special 9 
education, the number of years in the school district prior to special education evaluation and the 10 
movement in special education programs by program placement; 11 
(6) The number of limited English proficient English language learner students enrolled in 12 
programs of occupational or vocational education; 13 
(7) The name, national origin, native language, certificates held, language proficiency, 14 
grade levels, and subjects taught by each teacher of an English language learners program, bilingual 15 
aides or paraprofessionals, bilingual guidance or adjustment counselors, and and/or bilingual 16 
school psychologists; 17 
(8) The per-pupil expenditures for each full-time equivalent student enrolled in an English 18 
language learners program; 19 
(9) The sources and amounts of all funds expended on students enrolled in English 20 
language learners programs, broken down by local, state, and federal sources, and whether any such 21 
funds expended supplanted, rather than supplemented, the local school district obligation; 22 
(10) The participation of parents through parent advisory councils; 23 
(11) Whether there were any complaints filed with any federal or state court or 24 
administrative agency, since the program’s inception, concerning the compliance with federal or 25 
state minimum legal requirements, the disposition of the complaint, and the monitoring and 26 
evaluation of any such agreement or court order relative to the complaint; and 27 
(12) This information shall be filed in the form of the total for the school district as well as 28 
categorized by school, grade, and language. 29 
(r) The commissioner annually shall analyze and publish data reported by school districts 30 
under this section regarding English language learners programs and limited English proficient 31 
English language learner students. Publication shall include, but need not be limited to, availability 32 
on the department’s website. The commissioner shall submit annually a report to the committees 33 
of jurisdiction for education in the house of representatives and senate on this data on a statewide 34   
 
 
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and school district basis including, but not limited to, by language group and type of English 1 
language learners programs. 2 
(s) For the purposes of this chapter, “local education agencies” shall include all of the 3 
following within the state of Rhode Island: 4 
(1) Public school districts; 5 
(2) Regional school districts; 6 
(3) State-operated schools; 7 
(4) Regional collaborative schools; and 8 
(5) Charter schools and mayoral academies. 9 
16-97.1-2. Additional duties of the department of education related to school and 10 
district accountability. 11 
(a) In order to support the commissioner and the board of education (the “board”) in 12 
fulfilling their duties, the department shall use existing budgetary resources and existing personnel 13 
in its implementation of improvement plans pursuant to this section. The department shall: 14 
(1) Provide a mechanism to review and report on the efforts of schools, charter schools, 15 
and school districts, including regional school districts, to improve the academic achievement of 16 
their students; 17 
(2) Inform and assist the board in fulfilling their broader responsibilities to promote high 18 
levels of achievement in the schools and districts of the state; 19 
(3) Be, for purposes of school and district accountability, under the direction and 20 
supervision of one individual who shall be appointed by the commissioner. This individual shall be 21 
responsible for: 22 
(i) The direction and supervision of the targeted assistance and intervention efforts of the 23 
department under this chapter; 24 
(ii) Such assistance efforts as the commissioner deems necessary to correct deficiencies 25 
identified by the department; 26 
(iii) Compliance with the accountability provisions of federal law; and 27 
(iv) Ensuring that the education reviewing and assistance functions of the department are 28 
aligned to promote collaboration and communication across the education reviewing and assistance 29 
functions; 30 
(4) Ensure that school and district review teams include experienced practitioners in the 31 
field of education, except that no member shall have been previously or currently employed by: 32 
(i) The school, district, or charter school being reviewed; or 33 
(ii) A district, charter school, or education collaborative serving a common student 34   
 
 
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population with the school, district, or charter school being reviewed; 1 
(5) Act as an education reviewing body, objectively reviewing the results of educational 2 
measurement and tests conducted by or for the department in implementing the laws under this 3 
chapter. In executing this subsection, the department shall: 4 
(i) Perform no fewer than five (5) school district education reviews annually beginning in 5 
academic year 2024-2025, sixty percent (60%) of which shall be in districts whose students achieve 6 
at low levels either in absolute terms or relative to districts that educate similar student populations. 7 
The remainder of the education reviews shall be divided equally among districts whose students 8 
achieve at high levels relative to districts that educate similar student populations and randomly 9 
selected districts; 10 
(ii) Ensure that no school or district is reviewed during the administration of any statewide 11 
assessments; 12 
(iii) Coordinate with other entities in the department to ensure that a school or district is 13 
not subject to multiple comprehensive education reviews or reviews by the department or any 14 
accrediting body within a nine-month (9) period, unless the board specifically votes to do so on an 15 
emergency basis; 16 
(iv) Have the following duties relative to school district reviews: 17 
(A) Objectively review the school and district reports; 18 
(B) Undertake inspections of schools, charter schools, and school districts, including 19 
regional school districts, to evaluate efforts to improve and support the quality of instruction and 20 
administration; 21 
(C) Review the district’s RICAS state assessment success plan, if one was required 22 
pursuant to law, and evaluate the implementation of that plan; 23 
(D) Review the district’s implementation of any RICAS grants received to develop or 24 
enhance academic support services for students scoring below proficient or its equivalent; 25 
(E) Evaluate the alignment of curriculum and professional development plans with the state 26 
curriculum and assessments; 27 
(F) Review the progress of overall student achievement; 28 
(G) Evaluate student performance, school and district management, overall district 29 
governance, and any other areas deemed necessary by the department; and 30 
(H) Ensure the education reviews are conducted in accordance with standards established 31 
by the council of elementary and secondary education; 32 
(v) Following the school district’s education review, produce a comprehensive report 33 
detailing its findings and observations, which the commissioner shall present to the council along 34   
 
 
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with any recommendations for further action to be taken by the council. After the council’s receipt 1 
of the report, the commissioner shall issue recommendations to districts not requiring further action 2 
relative to methods for improving any deficiencies identified by the department. The 3 
recommendations shall be transmitted to the reviewed district’s superintendent and school 4 
committee within ninety (90) days of the council’s receipt of the report; and 5 
(vi) Annually compile a report of best practices from the list of education reviews 6 
conducted that year and distribute the compiled list to all school districts in the state; 7 
(6) For the purposes of any inspection or education review, have access to all necessary 8 
papers, vouchers, books, and records pertaining to a school, including a charter school, a school 9 
district, or a regional school district; 10 
(7) In establishing protocols for the conduct of school or district education reviews, to the 11 
extent practicable, minimize the administrative burden on schools and districts by using existing, 12 
recently-compiled or readily-available data sources. Schools, school districts, and school personnel 13 
shall cooperate with the department for any inspection or education review conducted pursuant to 14 
this section including, but not limited to, participating in interviews and producing books and 15 
documents. Each school district, including regional school districts and charter schools, shall 16 
annually file with the department, on or before October 1, a copy of its current personnel contracts 17 
and collective bargaining agreements in a form and manner prescribed by the commissioner. The 18 
department shall ensure that any noncompliance with law, misfeasance, or malfeasance shall be 19 
referred to the commissioner for appropriate action; 20 
(8) Support the commissioner and the council in carrying out their duties under sections 21 
related to underperforming schools. Nothing in this section shall be construed as limiting the ability 22 
of the department to contract with individuals, external partners, or other entities to support the 23 
assistance functions established by said sections. 24 
(b) The department shall transmit its findings, education review reports, recommendations, 25 
and follow-up reports to the council on elementary and secondary education, the attorney general, 26 
and a local public library in the education reviewed districts. In addition, the department shall 27 
appear annually before the health, education and welfare committee of the house of representatives 28 
and before the senate education committee, to report on these findings, reviews, recommendations, 29 
and other reports. 30 
SECTION 2. This act shall take effect on June 30, 2023. 31 
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EXPLANATION 
BY THE LEGISLATIVE COUNCIL 
OF 
A N   A C T 
RELATING TO EDUCATION -- EDUCATION ACCOUNTABILITY ACT 
***
This act would extend the due date for the district action plan each and every year from 1 
September 1 to December 1, and further require that there are no fewer than five (5) school district 2 
education reviews annually beginning in academic year 2024-2025. 3 
This act would take effect June 30, 2023. 4 
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