2012 -- H 7126 SUBSTITUTE A

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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 22.1

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THE STATEWIDE VIRTUAL EDUCATION ACT

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     16-22.1-1. Short title. – This chapter shall be known as and may be cited as “The Rhode

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Island statewide virtual education act.”

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     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 regulations 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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     16-22.1-3. Purpose. – The purpose of this chapter is to provide access to high quality,

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rigorous, and relevant online learning opportunities for all of Rhode Island’s public school

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students and to ensure promulgation of virtual learning regulations supporting access to high

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quality virtual instruction consistently throughout the state.

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

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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) “Teacher of record” means the teacher responsible for content instruction and

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determining student grades.

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     (6) “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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     (7) “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 work includes offering virtual

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

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     16-22.1-5. Regulations for virtual learning. – (a) With the direction and approval of the

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

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secondary education shall develop and promulgate regulations for Rhode Island school districts

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and other educational organizations that are using or intend to use virtual courses and other online

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learning opportunities with K-12 students and adult learners. The regulations shall include:

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     (1) Objective, standard criteria that ensures virtual courses and content for K-12 students

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

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education program, fulfill high school graduation requirements, and promote articulation with

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public higher education institutions in the state;

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

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virtual courses and online content, which may include local school districts, not-for-profit and

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for-profit postsecondary institutions, and other organizations;

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     (3) Objective, standard criteria that ensures teachers of virtual courses and other online

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learning activities are appropriately trained and qualified and meet certification requirements set

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forth by the commissioner of education;

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     (4) Objective, standard criteria that ensures that local policies shall not limit student

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access to quality online learning opportunities;

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     (5) Objective, standard criteria that school districts can use to ensure that all learners in

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Rhode Island have access to high quality, rigorous, and relevant virtual courses and other online

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learning activities;

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     (6) 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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     (7) Standard accountability provisions that ensure that school districts monitor students

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enrolled in virtual courses and other online learning activities and when appropriate, report on

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student progress and performance using grade-appropriate and content-appropriate assessments;

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     (8) Objective, standard criteria that ensures that RIDE participates in statewide efforts to

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support virtual learning education with a focus on student access to quality online learning

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opportunities and ensuring efficiencies gained by coordinating resources;

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

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     16-22.1-6. Oversight, quality assurance, reporting, and evaluation of virtual courses.

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– (a) The commissioner shall utilize existing evaluation processes and protocols established

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through regulations adopted by the board of regents to ensure student access to quality and

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effective online content and instruction.

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     (b) Quality assurance reporting shall occur through the existing comprehensive data

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collection, analysis and accountability procedures at both the local and state level.

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     (c) The commissioner shall prepare a report each fiscal year that documents the

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conditions under which virtual education supports student learning in Rhode Island. The report

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shall include:

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     (1) Virtual course participation rates, with participation information disaggregated for

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core content areas;

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     (2) Expenditures related to virtual education, in aggregate and by district;

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     (3) The results of student assessments for students participating in virtual education in

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core content areas, disaggregated from overall district data; and

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     (4) Any other information the commissioner deems relevant.

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     (d) The commissioner’s report shall be delivered to the speaker of the house of

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representatives by January 31 of each year, and the information posted for public inspection on

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the Rhode Island department of education’s website.

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     16-22.1-7. Cooperation with public institutions of higher education. – In partnership

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

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education shall promote access to high quality virtual courses for all public elementary,

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secondary, and 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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