2016 -- H 7131

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LC003306

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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 -- THE RHODE ISLAND BOARD OF EDUCATION ACT

     

     Introduced By: Representatives McNamara, Bennett, Azzinaro, Malik, and Diaz

     Date Introduced: January 13, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-97 of the General Laws entitled "The Rhode Island Board of

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

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     16-97-9. State assessment program. -- (a) The state department of elementary and

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secondary education shall develop a state assessment program with the goal of offering a variety

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of competency-based and age-appropriate assessments to students, which assessments shall also

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have local school district input. In furtherance of this program, by July 1, 2017, the department of

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elementary and secondary education, in collaboration with local school districts, shall develop a

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set of competency-based assessments in the instructional areas of language arts, mathematics, and

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science. The assessments shall be conducted after the prohibition period contained in §16-97-8,

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and no sooner than the 2018-2019 school year.

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     (b) The department shall administer a state assessment in English language arts and a

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state assessment in mathematics to all students enrolled in grades three (3) through nine (9) in

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public schools throughout the state.

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     (c) The department shall administer a state assessment in science to students enrolled in

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public elementary, middle, and high schools throughout the state. The department shall select the

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specific grades to administer the state science assessment, ensuring that students take the state

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science assessment once in grades one through six (6), once in grades seven (7) through eight (8),

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and once in grades nine (9) through eleven (11).

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     (d) The department of education, in collaboration with local education providers, shall

 

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administer the state assessments on a schedule that the department annually establishes. Such

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schedule shall include alternate and make-up dates for students.

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     (e) The department shall review and update the assessment administration and security

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policies as necessary to maintain the integrity of the system.

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     (f) Except as otherwise provided, each student enrolled in a public school shall be

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required to take the state assessments administered pursuant to this section at the student's grade

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level, as determined by the local school district; provided, a district which is participating in a

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pilot program with an alternative assessment as provided for in §16-97-14, may administer the

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alternative assessment to selected students as provided for in §16-97-14 in lieu of the assessment

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developed pursuant to this section.

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     (g) A child who is enrolled in a nonpublic school or participating in a nonpublic home-

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based educational program shall not be required to take a state assessment administered pursuant

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to this section. Provided, a parent or guardian may elect to have the child or ward take such

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assessment.

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     16-97-10. Literacy assessments. -- No students in public schools in grades kindergarten

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through grade three (K-3) shall be required to take a state assessment in literacy, either through

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assessments prepared by the Partnership for Assessment of Readiness for College and Careers,

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commonly known as "PARCC" tests, or a similar test aligned to common core standards.

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     16-97-11. "PARCC" to be eliminated for upper high school grades. -- (a) No

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assessments prepared by the partnership for assessment of readiness for college and careers,

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commonly known as "PARCC" tests, or a similar test aligned to common core standards shall be

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administered to students in grades eleven (11) and twelve (12) as part of the state assessment

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program. Instead, school districts shall administer an assessment that is administered throughout

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the United States and relied upon by institutions of higher education, referred to in this section as

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a "curriculum-based achievement college exam." The curriculum-based achievement college

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exam shall be considered part of the state assessment program established in §16-97-9. The

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department shall identify which tests shall qualify as curriculum-based achievement college

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exams. Provided, representative samples of such tests include, but are not limited to, the

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following:

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     (1) SAT and SAT subject tests;

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     (2) PSAT/NMSQT tests; and

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     (3) ACT tests.

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     (b) The department of elementary and secondary education shall pay the costs of

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administering the curriculum-based achievement college exam. Provided, the department shall be

 

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responsible only for the administration of one test to a student during either grade eleven (11) or

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grade twelve (12). The provisions of this section shall not prohibit a student from taking

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additional tests or retaking a test, and using such test results, but the department shall not be

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responsible for the costs of such retesting.

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     16-97-12. Option to take paper tests. -- If any portion of a state assessment required as

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part of this chapter requires a student to use a computer to take the assessment, an option shall be

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provided for the student to take the assessment in a format that a student may complete using

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pencil and paper. This option of taking the assessment with pencil and paper or a computer

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format shall be with the student. This option shall apply to a PARCC test, and a similar test

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subsequently adopted by the department of education, a test developed either by the department

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of education and/or a local school district to be used as, or any other test that is part of the state

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assessment program required by this chapter.

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     16-97-13. Waiver application. -- As soon as practicable after the effective date of this

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act, the Rhode Island department of elementary and secondary education shall apply to the United

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States Department of Education and any other applicable entity as necessary, for a waiver of

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federal statutory and regulatory requirements that the state department of education determines

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are necessary in order to effectuate the provisions of this chapter.

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     16-97-14. Pilot program -- Alternative assessment. -- (a) There is hereby authorized

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and established a pilot program to allow local school districts and education providers to create or

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select assessments which the local school district may administer to provide the validity and

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reliability for the assessments and the comparability of their local assessments with the state

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assessments. The goals of the pilot program shall be to provide more timely and relevant data to

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educators in order to provide instruction throughout the school year, while continuing to provide

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comparative data for state accountability purposes.

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     (b) For a local school district to participate in the pilot program as described in subsection

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(a) of this section, the local school board or committee or other governing body must first adopt a

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written resolution that authorizes the local school district to participate in the pilot program. If so

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authorized, a local school district, individually or in combination with one or more local

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education providers, may participate in the pilot program by creating or selecting assessments that

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meet the requirements specified in §16-97-9 and administering those assessments for at least two

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(2) school years to a portion of the students enrolled in at least one elementary grade, one middle

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school or junior high grade, and one high school grade. After administering the assessments for

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two (2) school years, the school district must submit to the department of elementary and

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secondary education the assessment results for each year in which the alternative assessments

 

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were administered. The school district must demonstrate to the satisfaction of the department that

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the results of the alternative assessments are comparable to the results obtained on the state

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assessments administered in the same school years.

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     (c) Based on the assessment data submitted pursuant to subsection (b) of this section, the

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department shall make recommendations to the council on elementary and secondary education

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on the use of local assessments in lieu of the state assessments. The council shall review the data

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submitted and any recommendations made by the department, and after hearing thereon, shall

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select which districts, if any, may use their local assessments in lieu of the assessment developed

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by the department. Districts which are so selected by the council may substitute their locally-

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developed assessment for the assessment developed by the department. Provided, that the

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department may authorize a school department to continue to develop its local school-district

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assessment while still utilizing the assessment developed by the department.

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     (d) Any school district electing to develop its own assessments pursuant to the provisions

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of this section shall fund all costs associated with developing said assessments, except for any

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costs incurred by the department of elementary and secondary education or the council in regard

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to reviewing the assessment.

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     16-97-15. Teacher discretion. -- Nothing in this chapter shall be construed to limit the

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academic freedom and academic integrity of a teacher or of the teacher's judgment. A teacher

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may administer a particular test or assessment mechanism to a student in the class which the

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teacher determines would be in furtherance of the teacher's instruction, but such assessment shall

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not be deemed to be a state assessment.

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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 -- THE RHODE ISLAND BOARD OF EDUCATION ACT

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     This act would amend the implementation of state assessments of students in Rhode

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Island public schools. The act would direct the department of elementary and secondary

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education to develop its own state assessment for use in public schools beginning in the 2018-

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2019 school year. School districts would also be given the option to develop their own

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assessments to use in lieu of the department's assessment, but such assessments would need to be

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approved by the council on elementary and secondary education. PARCC testing would be

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phased out of use for grades 11 and 12, and instead other assessments such as the SAT would be

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used. The department of elementary and secondary education would be directed to apply for any

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waivers necessary as a result of the provisions of the Rhode Island Board of Education Act.

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     This act would take effect upon passage.

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