2016 -- S 2394

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LC003840

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO EDUCATION - CERTIFICATION OF TEACHERS

     Introduced By: Senators Felag, DiPalma, Walaska, McCaffrey, and Lynch Prata

     Date Introduced: February 11, 2016

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 16-11-1, 16-11-2, 16-11-2.3 and 16-11-3 of the General Laws in

Chapter 16-11 entitled "Certification of Teachers [See Title 16 Chapter 97 - The Rhode Island

Board Of Education Act]" are hereby amended to read as follows:

     16-11-1. Certification of public school teachers required -- Deductions from state aid

for noncompliance. -- No person shall be employed to teach, as principal or assistant, in any

school supported wholly or in part by public money unless the person shall have a certificate of

qualification issued by or under the authority of the board of regents for council on elementary

and secondary education. Provided, however, that any person who is employed as a part time

speech and language pathologist at the Rhode Island School for the Deaf, for a period of not less

than ten (10) years prior to July 11, 1990, shall not be required to have a certificate of

qualification, and shall be exempt from the provisions of this section which require the certificate.

In case any city or town shall pay or cause to be paid any of the public money to any person for

teaching who did not, at the time of teaching, hold a certificate, then the department of

elementary and secondary education shall deduct a sum equal to the amount so paid from the

amount of the state's money due, or which may thereafter become due, to the city or town, before

giving his or her order in favor of the city or town for any of the public money under the

provisions of §§ 16-1-10, 16-1-11, and 16-5-22.

     16-11-2. Examinations -- Issuance of certificates. -- The board of regents for council on

elementary and secondary education shall hold, or cause to be held, in any places in different

parts of the state and at any times it may determine, examinations for the position of teacher in

the public schools of this state; and the board of regents for council on elementary and secondary

education is authorized to issue certificates of qualification which shall be valid throughout the

state for the grade and time specified in the certificate. All assessed fees shall be deposited as

general revenues.

     16-11-2.3. Standardized testing -- Issuance of certificates. -- (a) No person who

obtained an initial certificate prior to January 8, 2002 shall be barred from certification under this

chapter solely because of his or her score on any standardized teacher's examination; provided,

however, that he or she successfully completes an assessment, based on criteria established by the

board of regents for council on elementary and secondary education, in accordance with 34 CFR

§ 200.56.

      (b) The board of regents for elementary and secondary education may administer a

written examination to prospective teachers seeking certification.

     16-11-3. Certificates without examination. -- The board of regents for council on

elementary and secondary education may, in its discretion, issue certificates of qualification

without examination to persons who may present evidence of qualification and shall comply with

the regulations of the board. Provided, that any teacher who is certified in two (2) fields or

subjects of science, other than general science, shall also be automatically certified in the field or

subject of general science without the need for examination or other proof of qualifications in the

subject of general science.

     SECTION 2. Chapter 16-11 of the General Laws entitled "Certification of Teachers [See

Title 16 Chapter 97 - The Rhode Island Board Of Education Act]" is hereby amended by adding

thereto the following sections:

     16-11-2.4. Service member certification. – The council on elementary and secondary

education shall, upon the presentation of satisfactory evidence by an applicant for certificates of

qualification, accept education, training, service and teacher certification in another state

completed by a member of the Armed Forces or Reserves of the United States, the National

Guard of any state, the Military Reserves of any state, or the Naval Militia of any state toward the

qualifications, and in lieu of examination to receive the certification. The council on elementary

and secondary education shall promulgate rules and regulations as necessary to implement the

provisions of this section, including, but not limited to, a procedure to expedite the issuance of a

certificate to a person who is certified in another state if, in the opinion of the board, the

requirements for the certification of such other state are substantially equivalent to the

requirements of this state, or the experience of the applicant demonstrates substantial compliance

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to the requirements of this state.

     16-11-2.5. Military spouse certification. – (a) The council on elementary and secondary

education shall establish rules and regulations to expedite the issuance of a certificate of

qualification to a person:

     (1) Who maintains an active certificate of qualification in another state;

     (2) Whose spouse is a member of the armed forces of the United States;

     (3) Whose spouse is subject to a military transfer to Rhode Island; and

     (4) Who left employment to accompany their spouse to Rhode Island.

(b) The rules and regulations shall contain a procedure to issue the person a certificate if

in the opinion of the board, the requirements for certification of such other state are substantially

equivalent to that required in this state or the person's experience, including evaluations, indicate

that the person would meet the qualifications for certification in this state.

     SECTION 3. 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 - CERTIFICATION OF TEACHERS

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     This act would amend certain sections of the education law to reference the new council

on elementary and secondary education, and would make provisions to allow for certification as

teachers, military personnel, and their spouses who are certified in another state.

     This act would take effect upon passage.

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