2014 -- H 8363

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO EDUCATION - THE RHODE ISLAND BOARD OF EDUCATION ACT

     Introduced By: Representatives Amore, O'Brien, Marshall, Edwards, and O`Grady

     Date Introduced: June 19, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Preamble

     WHEREAS, Rhode Island is the only state that uses the New England Common

Assessment Program ("NECAP") as a requirement for graduation. The other states that

administer the NECAP (New Hampshire, Vermont and Maine) use the test as a means of

measuring schools' and systems' performance, not individual student's diploma readiness.

     WHEREAS, The results of the NECAP testing for the Rhode Island graduating class of

2014 reveal that students with special needs and English language learners are disproportionately

disadvantaged. The NECAP may not be the most appropriate test to assess the knowledge of

students with special needs or English language learners.

     WHEREAS, A design flaw of the NECAP is that it is administered in the fall of the

junior year, which adversely affects students who are poor, English language learners and special

needs students as they suffer from the biggest "summer learning loss."

     WHEREAS, The NECAP is not aligned with the Common Core educational standards

which are being implemented at this time. As such, the NECAP is not measuring what the

educators believe is essential in the common core for students to learn.

     WHEREAS, As the Commonwealth of Massachusetts reports that a key to their success

in implementing the Massachusetts Comprehensive Assessment System ("MCAS"), was utilizing

a test that was aligned to a curriculum that was coordinated with the appropriate professional

development for their teachers. After about ten years with that curriculum, the MCAS was used

as a graduation requirement. The test alone, did not improve Massachusetts' student outcomes.

     WHEREAS, If Rhode Island is to experience the student achievement outcomes of

Massachusetts, the Common Core standards need to fully be in place for students in the lower

grades as they advance. These younger learners will then be tested on their progress through the

years. As those students reach high school, the expectation of a common core-aligned test as a

graduation requirement would more closely follow the path of Massachusetts.

     SECTION 2. Section 16-7.1-13 of the General Laws in Chapter 16-7.1 entitled "The Paul

W. Crowley Rhode Island Student Investment Initiative" is hereby repealed.

     16-7.1-13. State leadership in conducting annual assessments of student

performance. -- Setting high standards for student performance must be paired with related

assessments that will determine what progress the state is making toward bringing all children to

high levels of achievement. A state assessment program shall be continued and expanded in core

areas (mathematics, reading, writing and health). The program shall include performance

standards and an annual report that disaggregates performance by race, poverty, native language

and gender. The general assembly shall annually appropriate funds to support the programs, and

the amount shall be recalculated annually. The commissioner of education shall implement the

state assessment program.

     SECTION 3. Chapter 16-97 of the General Laws entitled "The Rhode Island Board of

Education Act" is hereby amended by adding thereto the following section:

     16-97-8. Assessment of student performance. -- (a) The commissioner of elementary

and secondary education shall implement the state assessment program. The program shall

include performance standards and an annual report that disaggregates performance by race,

poverty, native language and gender. The general assembly shall annually appropriate funds to

support the programs, and the amount shall be recalculated annually.

     (b) Prior to the graduating class of 2017, no state assessment conducted pursuant to this

chapter, and no other standardized testing program or assessment, shall be used to determine a

student's eligibility to graduate from high school. Any such assessments implemented prior to the

graduating class of 2017, shall be used to promote school improvement and to target remediation

programs to individual students and groups of students.

     SECTION 4. 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 - THE RHODE ISLAND BOARD OF EDUCATION ACT

***

     This act would amend the method by which the state assessment program would be

implemented in public schools. The act would provide that no state assessment conducted

pursuant to chapter 16-97 and prior to the graduating class of 2017, would be used to determine a

student's eligibility to graduate from high school.

     This act would take effect upon passage.

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