2012 -- H 7126

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION - STATEWIDE VIRTUAL EDUCATION

     Introduced By: Representatives McNamara, Ferri, Azzinaro, Diaz, and Ruggiero

     Date Introduced: January 17, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

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by adding thereto the following chapter:

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     CHAPTER 16.22.1

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THE STATEWIDE VIRTUAL EDUCATION ACT

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     16-16.22.1-1. Short title. – This chapter shall be known as and may be cited as “The

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Rhode Island statewide virtual education act."

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     16-16-22.1-2. Legislative findings. – The legislature hereby finds and declares the

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following:

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     (1) A well-educated population benefits Rhode Island, supports its communities,

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enhances the standard of living for all of its citizens, increases its capacity for success, and lays

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the foundation for shared prosperity.

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     (2) Students in Rhode Island’s public elementary, secondary, and postsecondary schools

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and institutions should be able to take advantage of as many opportunities as possible to support

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and extend their learning. Their learning opportunities should allow them to acquire the

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knowledge and technology skills that will allow them to contribute to and participate in a digital

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world.

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     (3) The number and type of virtual learning programs and courses have increased

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considerably, and the prevalence of virtual learning continues to grow. Virtual learning utilizes

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the power and scalability of technology to remove the constraints of traditional classroom

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learning, which can allow Rhode Island’s students to access personalized learning at any time, in

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any place, and in ways that complement and extend traditional school settings.

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     (4) Public schools, school districts, and postsecondary institutions in Rhode Island should

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have the freedom to work with teachers, families, and students to create customizable learning

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opportunities that incorporate technology and reflect effective practices.

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     (5) The freedom that comes from technologically-supported opportunities to learn must

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be accompanied by a clear responsibility to ensure that such opportunities are of high quality,

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consistent with state standards for teaching and instruction, fulfill high school graduation

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requirements, reflect the principles of equity and access, and include accountability provisions

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that assure citizens that any investment of public tax dollars is well spent.

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      (6) Rhode Island is one of a few states that has not established the kind of statewide

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policies on virtual education that will create the optimal conditions for effective learning and

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instruction.

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     (7) The general assembly therefore finds that it is in the best interests of the people of the

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state of Rhode Island to enact the Rhode Island statewide virtual education act to create

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comprehensive guidelines that will result in high quality, integrated virtual K-20 learning

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experiences that will engage and challenge students through structured, sustained study.

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     16-16-22.1-3. Purpose. – The purposes of this chapter are to provide additional

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opportunities to Rhode Island’s public school students for high quality virtual instruction; put into

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place a series of guidelines that will ensure that high quality virtual instruction is offered

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consistently throughout the state; and facilitate and promote public school districts’ effective

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decision making for virtual program and course providers.

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     16-16-22.1-4. Definitions. -- When used in this chapter, the following terms shall have

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the following meanings:

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     (1) “Board” means the Rhode Island board of regents for elementary and secondary

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education.

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     (2) “Commissioner” means the Rhode Island commissioner for elementary and secondary

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education.

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     (3) “Course” means a course of study consistent with subdivision 16-1-5(4) and that

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meets the requirements of the basic education program.

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     (4) “School district” means local education agencies in Rhode Island operated by

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municipalities and those entities established under sections 16-77.2-1, 16-77.3, and 16-77.4.

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     (5) “Virtual course” means a course in which:

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     (i) Instruction and content are delivered primarily through technology, including over the

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Internet, via television, and through multi-media;

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     (ii) A student and teacher may be in physically different locations for a portion of the

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student’s instructional period;

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     (iii) Most instructional activities take place in a technology-supported environment;

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     (iv) The technology-supported instructional activities are integral to the students’

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academic program;

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     (v) Extensive communication between a student and a teacher and among students is

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emphasized; and

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     (vi) A student is not necessarily required to be located on the physical premises of a

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public school.

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     (6) “Virtual course provider” means:

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     (i) A public school district or school in Rhode Island that provides virtual courses to:

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     (A) Students enrolled in that district or school; or

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     (B) Students enrolled in another school district or school;

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     (ii) An accredited public or private institution of higher education in Rhode Island or

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another state that provides virtual courses or programs to students attending public schools in

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Rhode Island;

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     (iii) A not-for-profit or for-profit organization whose mission focuses on offering virtual

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courses or programs to students attending public schools in Rhode Island.

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     16-16-22.1-5. Guidelines for virtual courses. -- (a) With the direction and approval of

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the board of regents for elementary and secondary education, the commissioner for elementary

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and secondary education shall develop and promulgate guidelines for Rhode Island school

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districts that are using or intend to use virtual courses for K-12 students. The guidelines shall

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include:

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     (1) Objective, standard criteria and procedures that ensure that virtual courses for K-12

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students are aligned with state content standards, meet or exceed the requirements of the state’s

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basic education program, fulfill high school graduation requirements, and provide seamless

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articulation with public higher education institutions in the state;

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     (2) Objective, standard criteria for school districts to use to select providers of virtual

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courses, which may include local school districts, not-for-profit and for-profit postsecondary

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institutions, and other organizations;

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     (3) Objective, standard criteria for school districts to use to compare the quality of

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providers and of different versions of the same virtual course;

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     (4) Objective, standard criteria that ensure that teachers of virtual courses are certified;

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     (5) Objective, standard criteria that school districts can use to prioritize student

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enrollment in virtual courses for core curricular areas, supplemental curricular areas, accelerated

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learning opportunities, credit recovery, and other areas;

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     (6) Objective, standard criteria that school districts can use to determine student

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eligibility to participate in virtual courses, in terms of student age, student residency, student

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performance, limitations on the number of virtual courses that can be taken at once or

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cumulatively, and other considerations;

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     (7) Objective, standard criteria that school districts can use to ensure access to virtual

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courses for students with disabilities;

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     (8) Objective, standard procedures that school districts shall use to report and verify the

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attendance and participation of a student enrolled in a virtual course;

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     (9) Standard accountability provisions that ensure that school districts assess students

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enrolled in virtual courses on their progress and performance using grade-appropriate and

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content-appropriate state assessments;

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     (10) Standard reporting provisions that ensure that school districts report the academic

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progress and performance of students enrolled in virtual courses using grade-appropriate and

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content-appropriate state assessments;

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     (11) Standard procedures for school districts to designate appropriate school district staff

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to assume administrative responsibility for the virtual courses.

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     (12) Standard cost parameters and mechanisms that schools and school districts can use

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to finance student participation in virtual courses.

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     (13) Standard procedures to address intellectual property rights and ownership in the case

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where teachers in Rhode Island develop and offer their own virtual courses whose development

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costs are covered through public funds.

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     (14) Any other requirements or limitations for virtual courses in Rhode Island.

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     16-16-22.1-6. Diploma granting entity for virtual courses. -- The commissioner shall

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designate the diploma granting entity for high school students enrolled in virtual courses that

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partially or wholly fulfill high school graduation requirements.

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     16-16-22.1-7. Oversight, quality assurance, reporting, and evaluation of virtual

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courses. - (a) The commissioner shall identify procedures that the Rhode Island department of

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elementary and secondary education will use to ensure oversight, assure quality, ensure the

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collection and reporting of accurate cost data, and report student participation, progress, and

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performance in virtual courses.

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     (b) The commissioner shall identify procedures that the Rhode Island department of

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elementary and secondary education will use to evaluate the effectiveness of virtual courses on a

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regular basis.

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     16-16-22.2-8. Standard contract for virtual courses. --The commissioner shall develop

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a standard contract form for public school districts to use with organizations that produce and

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offer virtual courses.

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     The purposes of the standard contract are:

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     (1) To ensure that public school districts rely on consistent, comprehensive, educationally

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focused, and publicly accountable information for their procurement of virtual courses for

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students; and

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     (2) To ensure that school districts will include monitoring and evaluation of the

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effectiveness of the virtual courses and programs as a condition of their decision making.

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     16-16-22.2-9. Cooperation with public institutions of higher education. - In

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partnership with the commissioner of higher education, the commissioner of elementary and

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secondary education shall develop guidelines for a K-20 venture and shared platform that would

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allow seamless access to high quality virtual courses by public elementary, secondary, and

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postsecondary students.

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     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 - STATEWIDE VIRTUAL EDUCATION

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     This act would establish the Rhode Island statewide virtual education act, to promote the

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use of and quality of virtual courses as part of public education in Rhode Island.

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     This act would take effect upon passage.

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