2017 -- S 0107

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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 - ALL STUDENTS COUNT ACT OF 2017

     Introduced By: Senator Roger Picard

     Date Introduced: February 01, 2017

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

CHAPTER 107

ALL STUDENTS COUNT ACT OF 2017

     16-107-1. Short title.

     This chapter shall be known and may be cited as the "All Students Count Act of 2017".

     16-107-2. Declaration of policy.

     According to national data, since 2010, Asian Americans have been the fastest growing

racial and ethnic group in the United States, steadily growing at about three percent (3%) year

over year since 2010; in Rhode Island, the Asian population has grown at a staggering rate of

fourteen and nine-tenths percent (14.9%) between July 2010 and July 2014. In order to retain a

highly skilled and diverse workforce now and in the future, Rhode Island agencies must improve

on their data collection methodology for this population, which represents sixty-nine (69)

different languages and more than twenty-four (24) different ethnicities. This chapter requires

specified entities and their subagencies to make enhanced demographic data publicly available by

posting the data on the applicable entity’s website and would require the updating of the reporting

categories for each decennial census. This data would also include cross-tabulated data of student

outcomes by gender, disability and English proficiency for all students. This chapter shall only

apply to students participating in the public elementary and secondary education system in the

state.

     16-107-3. Definitions.

     The following words and phrases, as used in this chapter shall have the following

meanings:

     (1) "Entity" means the Rhode Island department of elementary and secondary education,

its subagencies, state agency(s) and local municipalities from which it collects demographic data.

     (2) "Southeast Asian" means individuals who identify with one or more ethnic groups

originating from countries in the Southeast Asian region, including Cambodia, the Philippines,

Laos, and Vietnam.

     16-107-4. Data transparency.

     (a) Whenever the department of elementary and secondary education collects

demographic data as to the ancestry or ethnic origin of students for a report that includes

educational proficiencies, graduation rates, attendance rates, and access to educational resources,

the entity shall use separate collection categories and tabulations in accordance with the

following:

     (1) No later than twelve (12) months after a decennial United States Census is released to

the public, each entity shall use the collection and tabulation categories for the Asian population

group as they are reported by the United States Census Bureau as well as people with disabilities

and English language learners.

     (2) The categories used by each entity for Asian population, to the extent not already

required pursuant to this section shall always include, but not be limited to, the following Asian

ethnic groups:

     (i) Cambodian, Filipino, Hmong, Laotian, and Vietnamese.

     (3) Until the release of the next decennial United States Census following the enactment

of this chapter, each entity shall use the enhanced data collection and tabulation categories that

the entity was required to use prior.

     (4) Each entity shall comply with the Family Educational Rights and Privacy Act, (20

U.S.C. §1232g, 34 CFR Part 99) and shall observe criteria for ensuring statistical significance of

data collected and published.

     (i) Districts reporting data with student group that has too few students, as defined by a

minimum size of ten (10), for evaluation must be notated.

     (5) Cross-tabulate data of student outcomes by gender, disability and English proficiency

for all students.

     (6) Each entity shall make the demographic data publicly available, except for personal

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identifying information, which shall be deemed confidential, by posting the data on the applicable

entity’s website by July 1, 2018 and shall update the data annually thereafter. This subsection

shall not be construed to prevent any other state agency from posting data collected on the state

agency’s website, in a manner prescribed by this section.

     (b) This chapter shall only apply to the collection of data for students in the public

elementary and secondary education system. It does not apply to the demographic data of

students participating in post-secondary education.

     (c) If the state determines that this chapter contains costs mandated by the state,

reimbursement to local agencies and school districts for those costs shall be made.

     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 - ALL STUDENTS COUNT ACT OF 2017

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     This act would create the "All Students Count Act of 2017" and would require the

department of elementary and secondary education to use separate collection categories and

tabulations for specified Asian ethnic groups in every demographic report on ancestry or ethnic

origins of residents.

     This act would take effect upon passage.

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