Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0861 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33
44
55 2025 -- S 0861
66 ========
77 LC001467
88 ========
99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO EDUCATION -- THE PAUL W. CROWLEY RHODE ISLAND STUDENT
1616 INVESTMENT INITIATIVE
1717 Introduced By: Senator Samuel D. Zurier
1818 Date Introduced: March 21, 2025
1919 Referred To: Senate Education
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 16-7.1-5.2 of the General Laws in Chapter 16-7.1 entitled "The Paul 1
2424 W. Crowley Rhode Island Student Investment Initiative [See Title 16 Chapter 97 — The Rhode 2
2525 Island Board of Education Act]" is hereby amended to read as follows: 3
2626 16-7.1-5.2. State intervention in the Providence public school district — Additional 4
2727 requirements. 5
2828 (a) For the duration of the effective period of the order of reconstitution and control, any 6
2929 collective bargaining agreement entered into on behalf of the Providence public school district shall 7
3030 not take effect until ratified by the council on elementary and secondary education at a public 8
3131 hearing held no earlier than seven (7) days after the terms of a tentative agreement ratified by the 9
3232 union are made public. 10
3333 (b) When authorized by the board of regents, the commissioner shall designate a receiver 11
3434 for the Providence public school district with all the powers of the superintendent and school 12
3535 committee. The receiver shall be a nonprofit entity or an individual with a demonstrated record of 13
3636 success in improving low-performing schools or districts or the academic performance of 14
3737 disadvantaged students who shall report directly to the commissioner. An external receiver 15
3838 designated by the board to operate a district under this subsection shall have full managerial and 16
3939 operational control over such district; provided, however, that the school district shall remain the 17
4040 employer of record for all other purposes. A receiver shall be subject to chapter 2 of title 38 (“access 18
4141
4242
4343 LC001467 - Page 2 of 10
4444 to public records”) and the Rhode Island code of ethics. A receiver for a chronically 1
4545 underperforming district shall not be required by contract to indemnify and hold harmless the state 2
4646 against any and all claims, liabilities and costs which arise out of the receiver's performance of its 3
4747 role in the creation or implementation of the turnaround plan. In connection with the performance 4
4848 of its role in the creation or implementation of the turnaround plan, the receiver may: 5
4949 (1) Sue and be sued only to the same extent and upon the same conditions that a 6
5050 municipality may be sued; 7
5151 (2) Receive and disburse funds for the chronically underperforming district; and 8
5252 (3) Solicit and accept grants or gifts for the district. 9
5353 Not more than two and one-half percent (2.5%) of the total number of school districts may 10
5454 be designated for management by a receiver at any given time. 11
5555 (c) The commissioner and the receiver shall jointly create a turnaround plan to promote the 12
5656 rapid improvement of the chronically underperforming district. The plan shall specifically focus on 13
5757 the school or schools in the district that have been designated as chronically underperforming under 14
5858 subsection (m) of this section and the district policies or practices that have contributed to chronic 15
5959 underperformance. Before creating the turnaround plan required in this subsection, the 16
6060 commissioner and receiver shall convene a local stakeholder group of not more than thirteen (13) 17
6161 individuals for the purpose of soliciting recommendations on the content of such plan in order to 18
6262 maximize the rapid improvement of the academic achievement of students. The commissioner shall 19
6363 provide due consideration to the recommendations of the local stakeholder group. The group shall 20
6464 include: 21
6565 (1) The superintendent, or designee; 22
6666 (2) The chair of the school committee, or designee; 23
6767 (3) The president of the local teacher's union, or designee; 24
6868 (4) A selection of administrators from the district, chosen by the commissioner from among 25
6969 volunteers from the district; 26
7070 (5) A selection of teachers from the district, chosen by the local teacher's union; 27
7171 (6) A selection of parents from the district chosen by the local parent organization; 28
7272 (7) Representatives of applicable state and local social service, health, and child welfare 29
7373 agencies chosen by the commissioner; 30
7474 (8) As appropriate, representatives of state and local workforce development agencies 31
7575 chosen by the commissioner; 32
7676 (9) A representative of an early education and care provider chosen by the commissioner 33
7777 of the department of early education and care, or for middle or high schools, a representative of the 34
7878
7979
8080 LC001467 - Page 3 of 10
8181 higher education community selected by the secretary of education; and 1
8282 (10) A member of the community appointed by the chief executive of the city or town. If 2
8383 the district does not have a parent organization or if the organization does not select a parent, the 3
8484 commissioner shall select a volunteer parent of a student from the district. The commissioner and 4
8585 receiver shall convene the group within thirty (30) days of the board designating a district as 5
8686 chronically underperforming and the group shall make its recommendations to the commissioner 6
8787 and receiver within forty-five (45) days of its initial meetings. Meetings of the local stakeholder 7
8888 group shall be open to the public and the recommendations submitted to the commissioner and 8
8989 receiver shall be publicly available immediately upon their submission. 9
9090 (d) In creating the turnaround plan, the commissioner and receiver shall include measures 10
9191 intended to maximize the rapid improvement of the academic achievement of students in the district 11
9292 and shall, to the extent practicable, base the plan on student outcome data including, but not limited 12
9393 to: 13
9494 (1) Student achievement on the Rhode Island comprehensive assessment system; 14
9595 (2) Other measures of student achievement, approved by the commissioner; 15
9696 (3) Student promotion and graduation rates; 16
9797 (4) Achievement data for different subgroups of students, including low-income students 17
9898 as provided in chapter 70 of title 16, English learners and students receiving special education; and 18
9999 (5) Student attendance, dismissal rates and exclusion rates. 19
100100 (e) In creating the turnaround plan required in subsection (c) of this section, the 20
101101 commissioner and receiver shall include, after considering the recommendations of the local 21
102102 stakeholder group, the following: 22
103103 (1) Steps to address social service and health needs of students in the district and their 23
104104 families in order to help students arrive and remain at school ready to learn; provided, however, 24
105105 that this may include mental health and substance abuse screening; 25
106106 (2) Steps to improve or expand child welfare services and, as appropriate, law enforcement 26
107107 services in the school district community, in order to promote a safe and secure learning 27
108108 environment; 28
109109 (3) As applicable, steps to improve workforce development services provided to students 29
110110 in the district and their families in order to provide students and families with meaningful 30
111111 employment skills and opportunities; 31
112112 (4) Steps to address achievement gaps for English learners, special education students and 32
113113 low-income, as applicable; 33
114114 (5) English language acquisition programs for English learners; and 34
115115
116116
117117 LC001467 - Page 4 of 10
118118 (6) A budget for the district including any additional funds to be provided by the state of 1
119119 Rhode Island, federal government or other sources. The secretaries of health and human services, 2
120120 public safety labor and training and other applicable state and local social service, health and child 3
121121 welfare officials shall coordinate with the commissioner regarding the implementation of strategies 4
122122 pursuant to subsections (e)(1) to (e)(3), inclusive, of this subsection that are included in an 5
123123 turnaround plan and shall, subject to appropriation, reasonably support the implementation 6
124124 consistent with the requirements of state and federal law applicable to the relevant programs that 7
125125 each such official is responsible for administering. 8
126126 (f) In order to assess the district across multiple measures of district performance and 9
127127 student success, the turnaround plan shall include measurable annual goals including, but not 10
128128 limited to, the following: 11
129129 (1) Student attendance, dismissal rates and exclusion rates; 12
130130 (2) Student safety and discipline; 13
131131 (3) Student promotion and graduation and dropout rates; 14
132132 (4) Student achievement on the Rhode Island comprehensive assessment system; 15
133133 (5) Progress in areas of academic underperformance; 16
134134 (6) Progress among subgroups of students, including low-income students, English learners 17
135135 and students receiving special education; 18
136136 (7) Reduction of achievement gaps among different groups of students; 19
137137 (8) Student acquisition and mastery of 21st-century skills; 20
138138 (9) Development of college readiness, including at the elementary and middle school 21
139139 levels; 22
140140 (10) Parent and family engagement; 23
141141 (11) Building a culture of academic success among students; 24
142142 (12) Building a culture of student support and success among faculty and staff; and 25
143143 (13) Developmentally appropriate child assessments from pre-kindergarten through third 26
144144 grade, if applicable. 27
145145 (g) Notwithstanding any general or special law to the contrary, in creating the turnaround 28
146146 plan under subsection (c) of this section, the commissioner and the receiver may, after considering 29
147147 the recommendations of the group of stakeholders: 30
148148 (1) Expand, alter or replace the curriculum and program offerings of the district or of a 31
149149 school in the district, including the implementation of research-based early literacy programs, early 32
150150 interventions for struggling readers and the teaching of advanced placement courses or other 33
151151 rigorous nationally or internationally recognized courses, if the district or schools in the district do 34
152152
153153
154154 LC001467 - Page 5 of 10
155155 not already have such programs or courses; 1
156156 (2) Reallocate the uses of the existing budget of the district; 2
157157 (3) Provide funds, subject to appropriation, to increase the salary of an administrator, or 3
158158 teacher in the district working in an underperforming or chronically underperforming school, in 4
159159 order to attract or retain highly-qualified administrators, or teachers or to reward administrators or 5
160160 teachers who work in chronically underperforming districts that achieve the annual goals set forth 6
161161 in the turnaround plan; 7
162162 (4) Expand the school day or school year or both of schools in the district; 8
163163 (5) Limit, suspend or change one or more provisions of any contract or collective 9
164164 bargaining agreement in the district, including the adoption of model provisions identified by the 10
165165 commissioner from among existing contracts or collective bargaining agreements in the state; 11
166166 provided, however, that the commissioner shall not reduce the compensation of an administrator, 12
167167 teacher or staff member unless the hours of the person are proportionately reduced; 13
168168 (6) Add pre-kindergarten and full-day kindergarten classes, if the district does not already 14
169169 have the classes; 15
170170 (7) Following consultation with applicable local unions, require the principal and all 16
171171 administrators, teachers and staff to reapply for their positions in the district, with full discretion 17
172172 vested in the receiver regarding any such reapplications turnaround plan; 18
173173 (8) Limit, suspend or change one or more school district policies or practices, as such 19
174174 policies or practices relate to the underperforming schools in the district; 20
175175 (9) Include a provision of job-embedded professional development for teachers in the 21
176176 district, with an emphasis on strategies that involve teacher input and feedback; 22
177177 (10) Provide for increased opportunities for teacher planning time and collaboration 23
178178 focused on improving student instruction; 24
179179 (11) Establish a plan for professional development for administrators in the district, with 25
180180 an emphasis on strategies that develop leadership skills and use the principles of distributive 26
181181 leadership; 27
182182 (12) Establish steps to ensure a continuum of high expertise teachers by aligning the 28
183183 following processes with the common core of professional knowledge and skill: hiring, induction, 29
184184 teacher evaluation, professional development, teacher advancement, school culture and 30
185185 organizational structure; 31
186186 (13) Develop a strategy to search for and study best practices in areas of demonstrated 32
187187 deficiency in the district; 33
188188 (14) Establish strategies to address mobility and transiency among the student population 34
189189
190190
191191 LC001467 - Page 6 of 10
192192 of the district; and 1
193193 (15) Include additional components, at the discretion of the commissioner and the receiver, 2
194194 based on the reasons the district was designated as chronically underperforming and based on the 3
195195 recommendations of the local stakeholder group in subsection (c) of this section. 4
196196 (i) If the commissioner does not approve a reapplication submitted by an employee 5
197197 pursuant to subsection (g)(7) of this section for a position in a school or if an employee does not 6
198198 submit a reapplication for a position in a school, the employee shall retain such rights as may be 7
199199 provided under law or any applicable collective bargaining agreement in relation to the employee's 8
200200 ability to fill another position in the district; provided, however, the employee shall not have the 9
201201 right to displace any teacher with professional teacher status in any other school during a school 10
202202 year. 11
203203 (ii) A teacher with professional teacher status in a school declared underperforming or 12
204204 chronically underperforming may be dismissed for good cause; provided, however, the teacher 13
205205 receives five (5) days written notice of the decision to terminate which shall include, without 14
206206 limitation, an explanation of the reason why the commissioner/superintendent is not retaining the 15
207207 teacher in the school; provided, further, that the teacher may seek review of a termination decision 16
208208 within five (5) days after receiving notice of the teacher's termination by filing a petition for 17
209209 expedited arbitration with the commissioner; provided, further, that except as otherwise provided 18
210210 in, § 16-13-4 shall apply to a petition filed pursuant to this section; provided, further, that the 19
211211 commissioner shall cause an arbitrator to be selected pursuant to the procedures in § 16-13-4 within 20
212212 three (3) days of receipt of petition and shall conduct and complete a hearing within ten (10) days 21
213213 of receipt of the petition; provided, further, that in reviewing dismissal decisions, the arbitrator shall 22
214214 consider the components of the turnaround plan and shall also consider any personnel evaluations; 23
215215 and provided, further, that the arbitrator's decision shall be issued within ten (10) days from the 24
216216 completion of the hearing. 25
217217 (iii) For a district with English language learners, the professional development and 26
218218 planning time for teachers and administrators as provided in subsections (g)(9) through (g)(11) of 27
219219 this section shall include specific strategies and content designed to maximize the rapid academic 28
220220 achievement of English language learners in the district. 29
221221 (h) If, after considering the recommendations of the group of stakeholders, pursuant to 30
222222 subsection (g) of this section, the commissioner considers it necessary to maximize the rapid 31
223223 academic achievement of students at an underperforming or chronically underperforming school 32
224224 by altering the compensation, hours and working conditions of the administrators, teachers, 33
225225 principals and staff at the school or by altering other provisions of a contract or collective 34
226226
227227
228228 LC001467 - Page 7 of 10
229229 bargaining agreement applicable to the administrators, teachers, principals and staff, the 1
230230 commissioner may request that the school committee and any union bargain or reopen the 2
231231 bargaining of the relevant collective bargaining agreements to facilitate such achievement. The 3
232232 bargaining shall be conducted in good faith and completed not later than thirty (30) days from the 4
233233 point at which the commissioner requested that the parties bargain. The agreement shall be subject 5
234234 to ratification within ten (10) business days by the bargaining unit members in the school. If the 6
235235 parties are unable to reach an agreement within thirty (30) days or if the agreement is not ratified 7
236236 within ten (10) business days by the bargaining unit members of the school, the parties shall submit 8
237237 remaining unresolved issues to a joint resolution committee for dispute resolution process on the 9
238238 next business day following the end of the thirty (30) day bargaining period or failure to ratify. The 10
239239 joint resolution committee shall be comprised of three (3) members, one of whom shall be 11
240240 appointed by the employee organization within three (3) business days following the submission 12
241241 of unresolved issues to the joint resolution committee, one of whom shall be appointed by the board 13
242242 of regents within three (3) business days following the submission of unresolved issues to the joint 14
243243 resolution committee and one who shall be selected through the American Arbitration Association 15
244244 who shall forthwith forward to the parties a list of three (3) conciliators, each of whom shall have 16
245245 professional experience in elementary and secondary education, from which the parties may agree 17
246246 upon a single conciliator; provided, however, that if the parties cannot select a conciliator from 18
247247 among the three (3) within three (3) business days, the American Arbitration Association shall 19
248248 select a conciliator from the remaining names. The joint resolution committee shall conduct a 20
249249 dispute resolution process to be concluded within ten (10) business days of selection. This process 21
250250 shall be conducted in accordance with the rules of the American Arbitration Association and 22
251251 consistent with this section; provided however, that all members of the joint resolution committee 23
252252 must agree to any resolution. The fee for the process shall be shared equally between the two (2) 24
253253 parties involved. The joint resolution committee shall consider the positions of the parties, the 25
254254 designation of the school as underperforming or chronically underperforming, the designation of 26
255255 the district as chronically underperforming, and the needs of the students in the school. 27
256256 Notwithstanding any other provision of this chapter, the unanimous decision of the joint resolution 28
257257 committee shall be dispositive of all the issues in dispute and shall be submitted to the parties within 29
258258 ten (10) business days of the close of the hearing. Under no circumstance, shall a time extension be 30
259259 granted beyond ten (10) business days of the close of the hearing. In the event that a unanimous 31
260260 decision is not submitted to the parties within ten (10) business days, the commissioner shall resolve 32
261261 all outstanding issues. 33
262262 (i) The turnaround plan shall be authorized for a period of not more than three (3) years, 34
263263
264264
265265 LC001467 - Page 8 of 10
266266 subject to subsection (k) of this section. The commissioner and receiver may jointly develop 1
267267 additional components of the plan and shall jointly develop annual goals for each component of the 2
268268 plan in a manner consistent with the provisions of subsection (g) of this section. The receiver shall 3
269269 be responsible for meeting the goals of the turnaround plan. 4
270270 (j) The commissioner and receiver shall provide a written report to the school committee 5
271271 on a quarterly basis to provide specific information about the progress being made on the 6
272272 implementation of the district's turnaround plan. One of the quarterly reports shall be the annual 7
273273 evaluation required in subsection (g) of this section. 8
274274 (k)(1) The commissioner shall evaluate the performance of the receiver on not less than an 9
275275 annual basis. The purpose of such evaluation shall be to assess the implementation of the 10
276276 turnaround plan and determine whether the district has met the annual goals contained in the 11
277277 turnaround plan. The evaluation shall be in writing and submitted to the board and the local school 12
278278 committee no later than July 1 for the preceding school year. 13
279279 (2) If the commissioner determines that the district has met the annual performance goals 14
280280 stated in the turnaround plan, the evaluation shall be considered sufficient and the implementation 15
281281 of the turnaround plan shall continue. 16
282282 (3) If the commissioner determines that the receiver has not met one or more goals in the 17
283283 plan and the failure to meet the goals may be corrected through reasonable modification of the plan, 18
284284 the commissioner may amend the turnaround plan, as necessary. After assessing the 19
285285 implementation of the turnaround plan in the district, the commissioner may amend the plan if the 20
286286 commissioner determines that the amendment is necessary in view of subsequent changes in the 21
287287 district that affect one or more components of the plan including, but not limited to, changes to 22
288288 contracts, collective bargaining agreements, or school district policies, in a manner consistent with 23
289289 the provisions of subsection (g) of this section. If the commissioner determines that the receiver 24
290290 has substantially failed to meet multiple goals in the turnaround plan, the commissioner may 25
291291 terminate such receiver; provided, however, that the termination shall not occur before the 26
292292 completion of the first full school year of the receivership of the district. 27
293293 (l) After the period of receivership, there shall be a reevaluation of a district's status under 28
294294 this section. The board of elementary and secondary education shall adopt regulations providing 29
295295 for: 30
296296 (1) The removal of a designation of a district as chronically underperforming; and 31
297297 (2) The transfer of the operation of a chronically underperforming district from an external 32
298298 receiver to the superintendent and school committee, based on the improvement of the district. The 33
299299 regulations shall include provisions to allow a district to retain measures adopted in a turnaround 34
300300
301301
302302 LC001467 - Page 9 of 10
303303 plan for a transitional period if, in the judgment of the commissioner, the measures would contribute 1
304304 to the continued improvement of the district. Such regulations shall also include provisions that 2
305305 clearly identify the conditions under which such a transitional period shall end and the powers 3
306306 granted to the commissioner and board under this section shall cease to apply to a district previously 4
307307 designated as chronically underperforming. At any time after a chronically underperforming district 5
308308 has been placed in receivership, the school committee of the district may petition the commissioner 6
309309 for a determination as to whether the turnaround plan adopted under subsection (c) of this section 7
310310 should be modified or eliminated and whether the school district shall no longer be designated as 8
311311 chronically underperforming. The decision of the commissioner shall be based on regulations 9
312312 adopted by the board. A school committee may seek review by the board of elementary and 10
313313 secondary education of an adverse determination. 11
314314 (m) If, on the basis of the regulations adopted by the board pursuant to subsection (l) of 12
315315 this section, a district has not improved sufficiently to remove the designation of the district as 13
316316 chronically underperforming, the commissioner may jointly determine subsequent annual goals for 14
317317 each component of the turnaround plan with the receiver and renew the turnaround plan for an 15
318318 additional period of not more than three (3) years, or create a new turnaround plan, consistent with 16
319319 the requirements of this section. 17
320320 SECTION 2. This act shall take effect upon passage. 18
321321 ========
322322 LC001467
323323 ========
324324
325325
326326 LC001467 - Page 10 of 10
327327 EXPLANATION
328328 BY THE LEGISLATIVE COUNCIL
329329 OF
330330 A N A C T
331331 RELATING TO EDUCATION -- THE PAUL W. CROWLEY RHOD E ISLAND STUDENT
332332 INVESTMENT INITIATIVE
333333 ***
334334 This act would allow the education commissioner, when authorized by the board of regents, 1
335335 to designate a receiver for the Providence public school district with all the powers of the 2
336336 superintendent and school committee. 3
337337 This act would take effect upon passage. 4
338338 ========
339339 LC001467
340340 ========
341341