2017 -- H 5581

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LC001451

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO EDUCATION – EDUCATION OF LIMITED ENGLISH PROFICIENT

STUDENTS

     Introduced By: Representatives O'Brien, Amore, Craven, McEntee, and Marshall

     Date Introduced: February 16, 2017

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-54-3 of the General Laws in Chapter 16-54 entitled "Education

of Limited English Proficient Students [See Title 16 Chapter 97 - The Rhode Island Board of

Education Act]" is hereby amended to read as follows:

     16-54-3. Regulation of the board of regents for elementary and secondary education.

     (a) It shall be the duty of the board of regents for council on elementary and secondary

education to establish and promulgate regulations for the purpose of carrying out the intent of this

chapter. These regulations shall include, but are not limited to:

     (1) Criteria for the identification, assessment, placement, and exiting of eligible students;

     (2) Criteria for an appropriate educational program or service;

     (3) Criteria for the monitoring and evaluation of educational programs;

     (4) Administrative procedures for state reimbursement of approved programs and

services;

     (5) Definitions of responsibilities of the local school committees and the department of

elementary and secondary education;

     (6) Criteria for parent involvement;

     (7) Time line for phasing in services and programs to assure that the process begins and

that all eligible children are served.

     (b)(1) No standardized statewide assessment, including, but not limited to, any

assessment prepared by the partnership for assessment of readiness for colleges and careers

("PARCC"), or similar test the state utilizes as a replacement, however designated, shall be

administered to any student identified as a limited English proficient student or "English language

learner," prior to September 1, 2020.

     (2) As to any student identified as a limited English proficient student or "English

language learner" who enrolls in a Rhode Island public school or who is identified with limited

English proficiency after the effective date of this act, no standardized statewide assessment,

including, but not limited to, any PARCC assessment, or similar test used as a replacement, shall

be administered to that student for at least three (3) years after the date the student matriculates in

or is identified as a limited English proficient student.

     (3) The provisions of this moratorium on the use of these standardized statewide

assessments shall apply to any student currently enrolled in a Rhode Island public school at any

level, pre-kindergarten through grade twelve (pre-k – 12).

     (4) The council on elementary and secondary education shall promulgate rules and

regulations to ensure the provisions of this section are properly implemented.

     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 – EDUCATION OF LIMITED ENGLISH PROFICIENT

STUDENTS

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     This act would prohibit the administration of standardized statewide assessments or

similar tests to students identified as limited English proficient students prior to September 1,

2020. This act would also prohibit the administration of these tests to students identified as

limited English proficient students who are identified or enter the school system after the

effective date of this act, for at least three (3) years after the students matriculate in a state public

school or are identified. The council on elementary and secondary education would ensure the

provisions of this section are properly implemented.

     This act would take effect upon passage.

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