2019 -- H 6084

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LC002601

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO EDUCATION -- EDUCATION ACCOUNTABILITY ACT

     Introduced By: Representatives Amore, Mattiello, Shekarchi, Edwards, and
Blazejewski

     Date Introduced: May 09, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-1-5 of the General Laws in Chapter 16-1 entitled "State

Department of Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island

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

     16-1-5. Duties of commissioner of elementary and secondary education.

     It shall be the duty of the commissioner of elementary and secondary education:

     (1) To carry out the policies and program formulated by the board of regents for

elementary and secondary education.

     (2) To evaluate credentials of applicants for certificates, to verify that the certification of

teachers is in accordance with law and established standards, and to issue certificates at the

direction of the board.

     (3) To certify the approval of accredited schools.

     (4) To recommend to the board an outline of the subjects and courses of study and the

instructional standards for elementary and secondary schools.

     (5) To approve the distribution of state school funds in accordance with law and the

regulations of the board.

     (6) To verify that school sites and school building plans are in accordance with law and

regulations.

     (7) To exercise supervision over school libraries and library services.

     (8) To certify that school bus routes and schedules and all contracts for pupil

transportation conform with provisions of law and the rules and regulations of the board.

     (9) To require the observance of all laws relating to schools and education.

     (10) To interpret school law and to decide such controversies as may be appealed to the

commissioner from decisions of local school committees.

     (11) To prepare and recommend standard forms for the use of local schools.

     (12)(i) To prepare, with the assistance of the department of administration, manuals of

uniform budgetary and standard financial records and procedures for local school officers. The

board of regents shall adopt uniform local school budgeting procedures no later than July 1, 1989,

and those procedures should include, at a minimum, the following:

     (A) Provision for uniform classification of revenues and expenditures;

     (B) Requirements of detailed expenditure estimates and a table of organization including

the proposed staffing of each school;

     (C) Estimates of receipts and expenditures for the last two (2) completed fiscal years, the

current and ensuing fiscal years; and

     (ii) To carry out the purpose of this subsection a sum of ten thousand dollars ($10,000)

not otherwise appropriated shall be included in the appropriation made to support the department

of elementary and secondary education.

     (13) To receive general supervision from the board of regents for elementary and

secondary education and to appoint the several officers and employees of the department subject

to the provisions of the State Merit System Act, chapters 3 and 4 of title 36.

     (14) To establish health education, alcohol and substance abuse programs for students in

grades kindergarten (K) through twelve (12), in accordance with § 35-4-18. The program will

consist of the following: A mandated state health education, alcohol and substance abuse,

curriculum for grades kindergarten (K) through twelve (12), a mandated assessment program in

the areas of health, fitness, alcohol and substance abuse, and an in-service training program which

will be developed specifically for the implementation of the mandated curriculum.

     (15)(i) To appoint a three (3) member committee for the purpose of choosing a "teacher

of the year" among teachers in public school grades kindergarten (K) through twelve (12). The

"teacher of the year" shall receive an award of one thousand dollars ($1,000).

     (ii) It is the intent of the general assembly that the funds necessary to carry out the

provisions of this subdivision shall be provided within the annual appropriations act.

     (16) To institute a process to review, revise, and adopt statewide academic standards that

align with state assessments for the core subjects of mathematics, English language arts, science

and technology, history and social studies, world languages, and the arts, pursuant to § 16-22-30.

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     (17) To institute a process for adapting, adopting, and developing curriculum frameworks

for mathematics, English language arts, science and technology, history and social studies, world

languages, and the arts covered by the academic standards, pursuant to §§ 16-22-30 and 16-22-

31.

     (18) To institute a process for reviewing and identifying high-quality curriculum and

materials in mathematics, English language arts, and science and technology, pursuant to § 16-22-

31.

     (19) To prepare each year a plan for providing statewide assistance in the preparation and

implementation of professional development plans.

     SECTION 2. Sections 16-2-9 and 16-2-11 of the General Laws in Chapter 16-2 entitled

"School Committees and Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of

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

     16-2-9. General powers and duties of school committees.

     (a) Unless the responsibility is otherwise delegated by this chapter, the The entire care,

control, and management of all public school interests of the several cities and towns shall be

vested in the school committees of the several cities and towns. School committees shall have, in

addition to those enumerated in this title, the following powers and duties:

     (1) To identify educational needs in the community.

     (2) To develop education policies to meet the needs of the community.

     (3) To provide for and assure the implementation of federal and state laws, the

regulations of the board of regents for elementary and secondary education, and of local school

policies, programs, and directives.

     (4) To provide for the evaluation of the performance of the school system.

     (5) To have responsibility for the care and control of local schools.

     (6) To have overall policy responsibility for the employment and discipline of school

department personnel.

     (7) To approve a master plan defining goals and objectives of the school system. These

goals and objectives shall be expressed in terms of what men and women should know and be

able to do as a result of their educational experience. The committee shall periodically evaluate

the efforts and results of education in light of these objectives.

     (8) To provide for the location, care, control, and management of school facilities and

equipment.

     (9) To adopt a school budget to submit to the local appropriating authority.

     (10) To adopt any changes in the school budget during the course of the school year.

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     (11) To approve expenditures in the absence of a budget, consistent with state law.

     (12) To employ a superintendent of schools and assign any compensation and other terms

and conditions as the school committee and superintendent shall agree, provided that in no event

shall the term of employment of the superintendent exceed three (3) years. Nothing contained in

this chapter shall be construed as invalidating or impairing a contract of a school committee with

a school superintendent in force on May 12, 1978.

     (13) To give advice and consent on the appointment by the superintendent of all school

department personnel.

     (14)(13) To establish minimum standards for personnel, to adopt personnel policies, and

to approve a table of organization.

     (15)(14) To establish standards for the evaluation of personnel.

     (16)(15) To establish standards for conduct in the schools and for disciplinary actions.

     (17)(16) To hear appeals from disciplinary actions.

     (18)(17) To enter into contracts; provided, however, that notwithstanding any other

provision of the general or public laws, whether of specific or general application, and

notwithstanding the provisions of any charter of any municipality where the school committee is

appointed and not elected, but not including, the Central Falls school district board of trustees

established by § 16-2-34, the power and duty to enter into collective bargaining agreements shall

be vested in the chief executive officer of the municipality and not in the school committee.

     (19)(18) To publish policy manuals which shall include all school committee policies.

     (20)(19) To establish policies governing curriculum, courses of instruction, and text

books.

     (21)(20) To provide for transportation services which meet or exceed standards of the

board of regents for elementary and secondary education.

     (22)(21) To make any reports to the department of education as are required by the board

of regents for elementary and secondary education.

     (23)(22) To delegate, consistent with law, any responsibilities to the superintendent as the

committee may deem appropriate.

     (24)(23) To address the health and wellness of students and employees.

     (25)(24) To establish a subcommittee of the school board or committee to decrease

obesity and address school health and wellness policies for students and employees consistent

with § 16-21-28.

     (26)(25) To annually undertake a minimum of six (6) hours of professional development

as set forth and described in § 16-2-5.1.

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     (b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers

and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or

to allow any school committee to abrogate any agreement reached by collective bargaining.

     (c) The elected school committees of each city, town, or regional school district, or the

chief executive officer of any municipality having an appointed school committee, shall have the

power to bind their successors and successor committees by entering into contracts of

employment in the exercise of their governmental functions.

     (d) Notwithstanding any provisions of the general laws to the contrary, the requirement

defined in subsections (d) through (f) of this section shall apply. The school committee of each

school district shall be responsible for maintaining a school budget which does not result in a

debt.

     (e) The school committee shall, within thirty (30) days after the close of the first and

second quarters of the state's fiscal year, adopt a budget as may be necessary to enable it to

operate without incurring a debt, as described in subsection (d).

     (f) In the event that any obligation, encumbrance, or expenditure by a superintendent of

schools or a school committee is in excess of the amount budgeted or that any revenue is less than

the amount budgeted, the school committee shall within five (5) working days of its discovery of

potential or actual over expenditure or revenue deficiency submit a written statement of the

amount of and cause for the over obligation or over expenditure or revenue deficiency to the city

or town council president and any other person who by local charter or statute serves as the city

or town's executive officer; the statement shall further include a statement of the school

committee's plan for corrective actions necessary to meet the requirements of subsection (d). The

plan shall be approved by the auditor general and also submitted to the division of municipal

finance.

     (g) Notwithstanding any other provision of law, whether of general or specific

application, and notwithstanding any contrary provision of any city or town charter or ordinance,

the elected school committee of any city, town and regional school district shall be, and is hereby

authorized to retain the services of such independent legal counsel as it may deem necessary and

convenient. Any counsel so retained shall be compensated out of funds duly appropriated to the

school committee, and in no event shall the independent counsel be deemed to be an employee of

the pertinent city or town for any purpose.

     16-2-11. General powers and duties of superintendent.

     (a) The superintendent of schools employed in accordance with the provisions of this

chapter shall, under the direction of the school committee, have the care and supervision of the

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public schools and shall be the chief administrative agent of the school committee. The

superintendent shall have any duties as are defined in this section and in this title and any other

duties as may be determined by the school committee, and shall perform any other duties as may

be vested in him or her by law. In addition to the care and supervision of public schools and the

appointment of employees of the district, it shall be the duty of the superintendent:

     (1) To implement policies established by the school committee.

     (2) To recommend educational plans, policies, and programs to meet the needs of the

district.

     (3) To recommend policies governing curriculum, courses of instruction, textbooks, and

transportation of students.

     (4) To comply with provisions of federal and state law and local charter provisions and

ordinances.

     (5) To have administrative responsibility for the school system.

     (6) To oversee the care, control, and management of school facilities and equipment. To

appoint principals for each public school within the district at levels of compensation determined

in accordance with policies established by the school committee.

     (7) To appoint all school department personnel with the consent of the school committee.

To appoint administrators and other personnel not assigned to individual schools at levels of

compensation determined in accordance with policies established by the school committee and

collective bargaining agreements.

     (8) To administer oversee the personnel function of the school department consistent with

personnel standards, policies, and the table of organization established by the school committee.

     (9) To provide for the evaluation of department personnel appointed by the

superintendent.

     (10) To prepare a school budget for consideration by the school committee.

     (11) To authorize purchases consistent with the adopted school budget, policies and

directives of the school committee, and applicable municipal policies, ordinances, and charter

provisions.

     (12) To be responsible for keeping the records of the school system.

     (13) To report to the school committee on a regular basis the financial condition of the

school system.

     (14) To be responsible for oversee discipline in the school system.

     (15) To evaluate all schools within the school system and to report to the school

committee the conformity with regulations of the board of regents and the policies, programs, and

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directives of the school committee.

     (16) To report to the school committee on the operation of the school system, including

an annual report on the district's progress.

     (b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers

and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28, or

to allow any school superintendent to abrogate any agreement reached by collective bargaining.

     (c) If at any time during the fiscal year the superintendent of schools determines, or is

notified by the city or town chief charter officer or treasurer, that the estimated school expenses

may exceed all revenue appropriated by the state or city or town or otherwise for public schools

in the city or town, the superintendent of schools shall recommend to the school committee and

shall, in order to provide for continuous regular public school operations consistent with the

requirements of § 16-2-2 without regard to financial conditions, subsequently report to the city or

town treasurer and chief charter officer what action will be taken to prevent an excess of

expenditures, encumbrances, and accruals over revenues for public schools in the city or town.

     SECTION 3. Chapter 16-2 of the General Laws entitled "School Committees and

Superintendents [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

amended by adding thereto the following section:

     16-2-11.1. General powers and duties of school principals.

     (a) Principals employed under this section shall be the educational administrators and

managers of their schools and shall supervise the operation and management of their schools and

school property, subject to the supervision and direction of the superintendent. The principal shall

have any duties as are defined in this section and in this title and shall perform any other duties as

may be vested in him or her by law. In addition to serving as the educational administrator and

manager of his or her school, it shall be the duty of the principal:

     (1) In consultation with the school improvement team, to hire all teachers, athletic

coaches, instructional or administrative aides, and other personnel assigned to the school,

consistent with district personnel policies, collective bargaining agreements, and budgetary

restrictions, and subject to the approval of the superintendent.

     (2) To terminate any teachers, athletic coaches, instructional or administrative aides, and

other personnel assigned to the school, consistent with district personnel policies, collective

bargaining agreements and budgetary restrictions, subject to review and prior approval by the

superintendent and subject to the provisions of this chapter.

     (3) To oversee the care, control, and management of school facilities and equipment.

     (4) In consultation with the school improvement team, to prepare a school budget for

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consideration by the superintendent.

     (5) To provide for the evaluation of personnel assigned to the school, including all

teachers, consistent with the standards developed by the school committee pursuant to § 16-2-

9(a)(14).

     (b) It shall be the responsibility of the principal, in consultation with professional staff of

the building, to promote participatory decision making among all professional staff for the

purpose of developing educational policy.

     (c) Nothing in this section shall be deemed to limit or interfere with the rights of teachers

and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28, or

to allow any school principal to abrogate any agreement reached by collective bargaining.

     SECTION 4. Sections 16-53.1-2 and 16-53.1-3 of the General Laws in Chapter 16-53.1

entitled "Rhode Island School Improvement Team Act" are hereby amended to read as follows:

     16-53.1-2. Establishment of school improvement teams.

     (a)(1) The school board or school committees of the cities and towns shall establish a

school improvement team for each school in the district, and shall develop procedures for the

election and appointment of school improvement team members. Each school improvement team

shall be composed of the principal and an appropriately balanced number of teachers, education

support employees, students, parents, and other business and community citizens who are

representative of the ethnic, racial, and economic community served by the school, provided that

vocational-technical center and high school school-improvement teams shall include students,

and middle and junior high school school-improvement teams may include students. Members

representing teachers, education support employees, students, and parents shall be selected by

their peer groups at the school in a fair and equitable manner. At the middle and high school

levels, where there are designated department heads, those department heads will also be included

on the school improvement team.

     (2) Business and other community members shall be selected by the school according to a

procedure established by the school board. The school board shall review the membership

composition of each school improvement team. Should the school board determine that the

membership elected by the school is not representative of the ethnic, racial, and economic

community served by the school, the board shall appoint additional members to achieve proper

representation. For the purposes of school improvement teams, the term "teacher" includes

classroom teachers, certified student services personnel, and media specialists. For purposes of

this subsection, "education support employee" means any person employed by a school who is

not defined as instructional or administrative personnel pursuant to law and whose duties require

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twenty (20) or more hours in each normal working week.

     (b) The school board may establish a district school improvement team representative of

the district and composed of teachers, students, parents, and other citizens or a district school

improvement team which may be comprised of representatives of each school improvement team.

     16-53.1-3. Duties of the school improvement teams.

     Each school improvement team shall perform any functions that are prescribed by

regulations of the school board or school committee; no school improvement team shall have any

of the powers and duties now reserved by law to the school board. Each school improvement

team shall assist in the preparation and evaluation of the school improvement plans and shall

provide any assistance that the principal may request in preparing the school's annual budget and

plan as required by law.

     (a) The school improvement team, including the school principal, shall meet regularly

and shall assist in the identification of the educational needs of the students attending the school,

make recommendations to the principal for the development, implementation and assessment of a

curriculum accommodation plan, and shall assist in the review of the annual school budget and in

the formulation of a school improvement plan, as provided below.

     (b) The principal of each school, in consultation with the school improvement team

established pursuant to this section, shall on an annual basis, develop and submit to the district

superintendent a plan for improving student performance. The superintendent shall review and

approve the plan, after consultation with the school committee. Plans shall be prepared in a

manner and form prescribed by the department of elementary and secondary education and shall

conform to any policies and practices of the district consistent therewith. If the superintendent

does not approve a plan submitted by the principal, the plan shall be returned to the principal who

shall, after consultation with the school improvement team, resubmit the plan to the

superintendent who shall review and approve the resubmitted plan, after consultation with the

school committee.

     (c) Nothing contained in this section shall prevent the school committee from granting a

school improvement team additional authority in the area of educational policy; provided,

however, that school improvement teams shall have no authority over the rights of teachers and

other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28; and

provided further, that, school improvement teams have no authority to abrogate any agreement

reached by collective bargaining.

     SECTION 5. Section 16-59-6 of the General Laws in Chapter 16-59 entitled "Council on

Postsecondary Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"

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is hereby repealed.

     16-59-6. Commissioner of postsecondary education.

     The council on postsecondary education, with approval of the board, shall appoint a

commissioner of postsecondary education, who shall serve at the pleasure of the council,

provided that his or her initial engagement by the council shall be for a period of not more than

three (3) years. For the purpose of appointing, retaining, or dismissing a commissioner of

postsecondary education, the governor shall serve as an additional voting member of the council.

The position of commissioner shall be in the unclassified service of the state and he or she shall

serve as the chief executive officer of the council on postsecondary education, the chief

administrative officer of the office of postsecondary commissioner, and the executive director of

the division of higher education assistance. The commissioner of postsecondary education shall

have any duties that are defined in this section and in this title and other additional duties as may

be determined by the council, and shall perform any other duties as may be vested in him or her

by law. In addition to these duties and general supervision of the office of postsecondary

commissioner and the appointment of the several officers and employees of the office, it shall be

the duty of the commissioner of postsecondary education:

     (1) To develop and implement a systematic program of information gathering,

processing, and analysis addressed to every aspect of higher education in the state, especially as

that information relates to current and future educational needs.

     (2) To prepare a strategic plan for higher education in the state aligned with the goals of

the board of education's strategic plan; to coordinate the goals and objectives of the higher public

education sector with the goals of the council on elementary and secondary education and

activities of the independent higher education sector where feasible.

     (3) To communicate with, and seek the advice of those concerned with, and affected by

the board of education's and council's determinations.

     (4) To implement broad policy as it pertains to the goals and objectives established by the

board of education and council on postsecondary education; to promote better coordination

between higher public education in the state, independent higher education in the state as

provided in subdivision (10) of this section, and pre k-12 education; to assist in the preparation of

the budget for public higher education; and to be responsible, upon direction of the council, for

the allocation of appropriations, the acquisition, holding, disposition of property.

     (5) To be responsible for the coordination of the various higher educational functions of

the state so that maximum efficiency and economy can be achieved.

     (6) To assist the board of education in preparation and maintenance of a five-year (5)

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strategic funding plan for higher education; to assist the council in the preparation and

presentation annually to the state budget officer in accordance with § 35-3-4 of a total, public

higher educational budget.

     (7) To recommend to the council on postsecondary education, after consultation with the

presidents, a clear and definitive mission for each public institution of higher learning.

     (8) To annually recommend to the council on postsecondary education, after consultation

with the presidents, the creation, abolition, retention, or consolidation of departments, divisions,

programs, and courses of study within the public colleges and universities to eliminate

unnecessary duplication in public higher education, to address the future needs of public higher

education in the state, and to advance proposals recommended by the presidents of the public

colleges and universities pursuant to §§ 16-32-2.1, 16-33-2.1 and 16-33.1-2.1.

     (9) To supervise the operations of the office of postsecondary commissioner, including

the division of higher education assistance, and any other additional duties and responsibilities

that may be assigned by the council.

     (10) To perform the duties vested in the council with relation to independent higher

educational institutions within the state under the terms of chapter 40 of this title and any other

laws that affect independent higher education in the state.

     (11) To be responsible for the administration of policies, rules, and regulations of the

council on postsecondary education with relation to the entire field of higher education within the

state, not specifically granted to any other department, board, or agency and not incompatible

with law.

     (12) To prepare standard accounting procedures for public higher education and all public

colleges and universities.

     (13) To carry out the policies and directives of the board of education and the council on

postsecondary education through the office of postsecondary commissioner and through

utilization of the resources of the public institutions of higher learning.

     (14) To enter into interstate reciprocity agreements regarding the provision of

postsecondary distance education; to administer such agreements; to approve or disapprove

applications to voluntarily participate in such agreements from postsecondary institutions that

have their principal place of business in Rhode Island; and to establish annual fees, with the

approval of the council on postsecondary education, for aforesaid applications to participate in an

interstate postsecondary distance education reciprocity agreement.

     (15) To the extent necessary for participation, and to the extent required and stated in any

distance learning reciprocity agreement, to implement procedures to address complaints received

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from out-of-state students in connection with, or related to, any Rhode Island postsecondary

institution, public or private, that has been approved to participate in said reciprocity agreement.

     (16) To exercise all powers and duties of the division of higher education assistance as

set forth under the terms of chapter 57 of this title.

     SECTION 6. Section 16-60-6 of the General Laws in Chapter 16-60 entitled "Council on

Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island Board of

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

     16-60-6. Commissioner of elementary and secondary education.

     The council on elementary and secondary education, with the advice and consent of the

board of education, shall appoint a commissioner of elementary and secondary education who

shall serve at the pleasure of the council on elementary and secondary education, provided that

the commissioner's initial engagement by the council shall be for a period of not more than three

(3) years. For the purpose of appointing, retaining, or dismissing a commissioner, the governor

shall serve as an additional voting member of the council on elementary and secondary education.

The position of commissioner shall be in the unclassified service of the state and he or she shall

serve as the chief executive officer of the council on elementary and secondary education and as

the chief administrative officer of the department of elementary and secondary education. The

commissioner of elementary and secondary education shall have the duties that are defined in this

section and in this title and any other additional duties that may be determined by the council on

elementary and secondary education, and shall perform any other duties that may be vested in the

commissioner by law. In addition to the general supervision of the department of elementary and

secondary education and the appointment of the several officers and employees of the

department, it shall be the duty of the commissioner of elementary and secondary education:

     (1) To develop and implement a systematic program of information gathering,

processing, and analysis addressed to every aspect of elementary and secondary education in the

state, especially as that information relates to current and future educational needs.

     (2) To prepare a master plan for elementary and secondary education in the state; to

coordinate the goals and objectives of the public elementary and secondary education sector with

the activities of the nonpublic elementary and secondary education sector where feasible.

     (3) To communicate with and seek the advice of those concerned with and affected by the

board of education's and the council's determinations.

     (4) To implement broad policy as it pertains to the goals and objectives established by the

board of education; to enforce standards and to exercise general supervision over public

elementary and secondary education in the state and over all elementary and secondary nonpublic

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education in the state as provided in subdivision (8) of this section; to assist in the preparation of

the budget for elementary and secondary education and to be responsible upon direction of the

council on elementary and secondary education for the allocation of appropriations, the

acquisition, holding, disposition, and general management of property.

     (5) To be responsible for the coordination of the various elementary and secondary

educational functions among the educational agencies of the state including local school districts

and to encourage and to assist in the cooperation among them so that maximum efficiency and

economy may be achieved.

     (6) To assist the council on elementary and secondary education in the preparation and

presentation annually to the state budget officer, in accordance with § 35-3-4, of a total state

elementary and secondary educational budget which shall include, but not be limited to, the

budget of the department of elementary and secondary education, subcommittees and agencies,

and state aid to local school districts.

     (7) To supervise the operation of the department of elementary and secondary education,

to have the duties as defined in § 16-1-5 and in this title or in law wherever outlined, and other

additional duties and responsibilities that may be assigned by the council on elementary and

secondary education.

     (8) To perform the duties vested in the board of education and council on elementary and

secondary education with relation to nonpublic elementary and secondary educational institutions

within the state under the terms of chapter 40 of this title, and other laws that affect nonpublic

elementary and secondary education in the state.

     (9) To supervise the following specific functions:

     (i) To recommend the basic subjects and courses of study to be taught and instructional

standards to be maintained in the public elementary and secondary schools in the state.

     (ii) To recommend standards and qualifications of teachers and to issue certificates upon

approval of standards and qualifications by the council on elementary and secondary education.

     (iii) To distribute state school funds in accordance with law and regulations of the council

on elementary and secondary education.

     (iv) To certify as to the necessity of school construction and that standards and design are

in accordance with law and regulations of the council on elementary and secondary education and

to approve a design for school construction throughout the state.

     (v) To certify that school library standards and services are in accordance with law and

regulations of the council on elementary and secondary education.

     (vi) To recommend to the council on elementary and secondary education relating to the

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transportation of pupils to school.

     (vii) To require the observance of all laws relating to elementary and secondary schools

and education.

     (viii) To interpret school law and to decide any controversies that may be appealed to him

or her from decisions of local school committees.

     (ix) To prepare and recommend standard forms for the use of local schools when

reporting to the department of elementary and secondary education.

     (x) To prepare standard accounting and auditing procedures for local school districts,

except for the purposes of subdivision (3) of § 16-24-2 which shall be done in conjunction with

the auditor general.

     (xi) To prepare uniform budgeting procedures for local school districts.

     (xii) To determine when special purpose grants made to local school districts shall be

eligible for reimbursement through the school operations aid formula in accordance with chapter

7 of this title, and to designate the purpose(s) for which the local school district may use the

school operations aid reimbursement, including reimbursement on local matching funds used to

support the special purpose grant. The commissioner shall promulgate and adopt rules and

regulations to carry out the intent of this subsection.

     (10) To approve and accredit elementary and secondary schools in accordance with the

policy and regulations of the council on elementary and secondary education.

     (11) To be responsible for the administration of policies, rules, and regulations of the

board of education and the council on elementary and secondary education with relation to the

entire field of elementary and secondary education within the state not specifically granted to any

other department, board, or agency and not incompatible with law.

     (12) To receive from law enforcement agencies a list periodically of the names of Rhode

Island missing children and to disseminate these lists to local school districts.

     SECTION 7. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

CHAPTER 97.1

EDUCATION ACCOUNTABILITY ACT

     16-97.1-1. Performances of local education agencies and individual public schools;

Evaluation system; Assessment instruments; Reports.

     (a) The board of education (the "board") shall adopt a system for evaluating, on an annual

basis, the performance of both local education agencies and individual public schools. With

respect to individual schools, the system shall:

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     (1) Include instruments designed to assess the extent to which schools and districts

succeed in improving or fail to improve student performance, as defined by:

     (i) Student acquisition of the skills, competencies, and knowledge called for by the

academic standards and embodied in the curriculum frameworks established pursuant to § 16-22-

31 in the areas of mathematics, English language arts, science and technology, history and social

studies, world languages, and the arts; and

     (ii) Other gauges of student learning judged by the board to be relevant and meaningful to

students, parents, teachers, administrators, and taxpayers.

     (2) Be designed both to measure outcomes and results regarding student performance,

and to improve the effectiveness of curriculum and instruction.

     (3) In its design and application, strike a balance among considerations of accuracy,

fairness, expense, and administration.

     (4) Employ a variety of assessment instruments on either a comprehensive or statistically

valid sampling basis. Such instruments shall:

     (i) Be criterion-referenced, assessing whether students are meeting the academic

standards described in this chapter;

     (ii) As much as is practicable, especially in the case of students whose performance is

difficult to assess using conventional methods, include consideration of work samples, projects,

and portfolios, and shall facilitate authentic and direct gauges of student performance;

     (iii) Provide the means to compare student performance among the various school

systems and communities in the state, and between students in other states and in other nations,

especially those nations which compete with the state for employment and economic

opportunities;

     (iv) Be designed to avoid gender, cultural, ethnic, or racial stereotypes; and

     (v) Recognize sensitivity to different learning styles and impediments to learning, which

may include issues related, but not limited to, cultural, financial, emotional, health, and social

factors.

     (5) Take into account, on a nondiscriminatory basis, the cultural and language diversity

of students in the state and the particular circumstances of students with special needs.

     (6) Comply with federal requirements for accommodating children with special needs.

     (7) Allow all potential English-proficient students from language groups in which

English language learner programs are offered opportunities for assessment of their performance

in the language which best allows them to demonstrate educational achievement and mastery of

academic standards and curriculum frameworks established under §§ 16-22-30 and 16-22-31. For

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the purposes of this section, a "potential English proficient student" shall be defined as a student

who is not able to perform ordinary class work in English; provided, however, that no student

shall be allowed to be tested in a language other than English for longer than three (3)

consecutive years.

     (b) The board shall take all appropriate action to bring about and continue the state's

participation in the assessment activities of the National Assessment of Educational Progress and

in the development of standards and assessments by the New Standards Program.

     (c) In addition, comprehensive diagnostic assessment of individual students shall be

conducted at least in the fourth, eighth, and tenth or eleventh grades. Said diagnostic assessments

shall identify academic achievement levels of all students in order to inform teachers, parents,

administrators, and the students themselves, as to individual academic performance.

     (d) The board shall develop procedures for updating, improving, or refining the

assessment system.

     (e) The commissioner of elementary and secondary education (the "commissioner") is

authorized and directed to gather information, including the information specified herein and such

other information as the board shall require, for the purposes of evaluating individual public

schools, school districts, and the efficacy and equity of state and federally-mandated programs.

All information gathered pursuant to this section shall be filed in the manner and form prescribed

by the department of education (the "department").

     (f) The board shall establish and maintain a data system to collect information from

school districts for the purpose of assessing the effectiveness of district evaluation systems in

assuring effective teaching and administrative leadership in the public schools. Such information

shall be made available in the aggregate to the public; provided, however, that the following

information shall be considered personnel information and shall not be subject to disclosure:

     (1) Any data or information that school districts, the department, or both create, send, or

receive in connection with an educator assessment that is evaluative in nature and that may be

linked to an individual educator, including information concerning:

     (i) An educator's formative assessment or evaluation;

     (ii) An educator's summative evaluation or performance rating; or

     (iii) The student learning, growth, and achievement data that may be used as part of an

individual educator's evaluation.

     (g) Each school district shall maintain individual records on every student and employee.

Each student record shall contain a unique and confidential identification number, basic

demographic information, program and course information, and such other information as the

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department shall determine necessary. Said records shall conform to parameters established by

the department.

     (h) For the purposes of improving the performance of school districts, individual public

schools, and the efficacy and equity of state and federal programs, each district shall file with the

commissioner once in each three (3) year period a comprehensive, three (3) year district

improvement plan. The plan shall:

     (1) Be developed and submitted in a manner and form prescribed by the department of

education.

     (2) To the extent feasible, be designed to fulfill all planning requirements of state and

federal education laws.

     (3) Include, but not be limited to:

     (i) An analysis of student and subgroup achievement gaps in core subjects;

     (ii) Identification of specific improvement objectives;

     (iii) A description of the strategic initiatives the district will undertake to achieve its

improvement objectives; and

     (iv) Performance benchmarks and processes for evaluating the effect of district

improvement initiatives.

     (4) Describe the professional development activities that will support each district

improvement initiative and the teacher induction and mentoring activities that will be undertaken

to support successful implementation of the district's improvement efforts.

     (i) On an annual basis, not later than September 1 of each year, each district shall prepare

and have available for state review an annual action plan. The district annual action plan shall:

     (1) Enumerate the specific activities, persons responsible, and timelines for action to be

taken as part of the strategic initiatives set forth in the district's three (3) year improvement plan;

and

     (2) Identify the staff and financial resources allocated to support these activities.

     (j) Annually, the principal of each school shall:

     (1) In consultation with the school improvement team, adopt student performance goals

for the schools consistent with the school performance goals established by the department of

education pursuant to state and federal law and regulations;

     (2) Consistent with any educational policies establish for the district, assess the needs of

the school in light of those goals; and

     (3) Formulate a school plan to advance such goals and improve student performance. The

school's plan to support improved student performance shall:

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     (i) Include, but not be limited to, the same components required for the district

improvement plan;

     (ii) Conform to department and district specifications to ensure that such school

improvement plans meet state and federal law requirements; and

     (iii) Be submitted to the superintendent who shall review and approve the plan, after

consultation with the school committee, not later than July 1 of the year in which the plan is to be

implemented, according to a plan development and review schedule established by the district

superintendent.

     (k) The three (3) year comprehensive district plan, annual district action plan, and annual

school improvement plan shall replace any district and school plans previously required under the

general laws or regulation, which, in the professional opinion of the commissioner, would be

most effectively presented as part of the coordinated district or school plan for improving student

achievement. The department shall identify any additional reports or plans called for by any

general law or regulation which can be incorporated into this single filing in order to reduce

paperwork and eliminate duplication.

     (1) Each school district in which more than twenty percent (20%) of the students score

below level two (2) on the Rhode Island assessment system exam ("RIAS") shall submit a RIAS

success plan to the department. The plan shall describe the school district's strategies for helping

each student to master the skills, competencies, and knowledge required for the competency

determination. The department shall:

     (1) Determine the elements that shall be required to be included in such plan. These

elements may include, but are not limited to, the following:

     (i) A plan to assess each student's strengths, weaknesses and needs;

     (ii) A plan to use summer school, after school, and other additional support to provide

each child with the assistance needed; and

     (iii) A plan for involving the parents of students.

     (2) Examine each district's plan and determine if it has a reasonable prospect of

significantly reducing the school district's failure rates.

     (3) Coordinate oversight of the RIAS success plans with existing audit and oversight

functions and with the RIAS grant program.

     (m) Each school district shall file a report with the department every year by a date and in

a format determined by the board. Said report shall include, but not be limited to, the following:

     (1) An outline of the curriculum and graduation requirements of the district;

     (2) Pupil/teacher ratios and class size policy and practice;

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     (3) Teacher and administrator evaluation procedures;

     (4) Statistics, policies, and procedures relative to truancy and dropouts;

     (5) Statistics, policies, and procedures relative to expulsions and in-school and out-of-

school suspensions;

     (6) Percent of school-age children attending public schools:

     (7) Racial composition of teaching and administrative staff;

     (8) Enrollment and average daily attendance; and

     (9) The annual budgets and expenditures for both the district and the individual schools in

the district.

     (n) Each school district shall file a description of the following instructional procedures

and programs with the department every year:

     (1) Art and music programs;

     (2) Technology education;

     (3) Programs for gifted and talented students;

     (4) Adult education programs;

     (5) Library and media facilities;

     (6) Condition of instructional materials including textbooks, workbooks, audio-visual

materials, and laboratory materials;

     (7) Types and condition of computers and computer software;

     (8) Basic skills remediation programs;

     (9) Drug, tobacco, and alcohol abuse programs;

     (10) Multi-cultural education training for students and teachers;

     (11) Global education; and

     (12) Nutrition and wellness programs.

     (o) Each school district and charter school shall file an annual report for the current

school year regarding implementation with the department every November 1 in a format

determined by the board. The report shall include, but not be limited to, the following:

     (1) The number of children receiving services within each disability category;

     (2) The number of children, by grade level, within each such disability category and the

costs of services provided by each such category for such children receiving their education in a

publicly operated day school program;

     (3) The number of children, by grade level, within each such disability category and the

costs of services provided by each such category for such children receiving their education in a

private day setting;

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     (4) The number of children, by grade level, within each such disability category and the

costs of services provided by each such category for such children receiving their education in a

private residential setting;

     (5) The number of children who remain in the regular education program full-time; the

number of children who are removed from the regular classroom for up to twenty-five percent

(25%) of the day; the number of children who are removed from the regular classroom between

twenty-five percent (25%) and sixty percent (60%) of the day;

     (6) The number of children who are placed in substantially separate classrooms on a

regular education school site;

     (7) The number of children, ages three (3) and four (4) who are educated in integrated

and separate classrooms; and the assignment by sex, national origin, economic status, race, and

religion, of children by age level to special education classes and the distribution of children

residing in the district by sex, national origin, economic status, race, and religion of children by

age level; and

     (8) The number of children, by grade level, receiving special education services who

have limited English proficiency.

     (p) Each school district and charter school shall furnish in a timely manner such

additional information as the department shall request.

     (q) Each school district required to provide an English language learners program shall

file the following information with the department annually;

     (1) The type of English language learners programs provided;

     (2) With regard to limited English proficient students:

     (i) The number enrolled in each type of English language learners program;

     (ii) The number enrolled in English as a second language who are not enrolled in another

English language learners program;

     (iii) The results of basic skills, curriculum assessment, achievement, and language

proficiency testing, whether administered in English or in the native language;

     (iv) The absentee, suspension, expulsion, dropout, and promotion rates; and

     (v) The number of years each limited English proficient student has been enrolled in an

English language learners program; and

     (3) The number of students each year who have enrolled in institutions of higher

education and were formerly enrolled in an English language learners program;

     (4) The academic progress in regular education of students who have completed an

English language learners program;

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     (5) For each limited English proficient student receiving special education, the number of

years in the school district prior to special education evaluation and the movement in special

education programs by program placement;

     (6) The number of limited English proficient students enrolled in programs of

occupational or vocational education;

     (7) The name, national origin, native language, certificates held, language proficiency,

grade levels, and subjects taught by each teacher of an English language learners program,

bilingual aides or paraprofessionals, bilingual guidance or adjustment counselors, and bilingual

school psychologists;

     (8) The per-pupil expenditures for each full-time equivalent student enrolled in an

English language learners program;

     (9) The sources and amounts of all funds expended on students enrolled in English

language learners programs, broken down by local, state, and federal sources, and whether any

such funds expended supplanted, rather than supplemented, the local school district obligation;

     (10) The participation of parents through parent advisory councils;

     (11) Whether there were any complaints filed with any federal or state court or

administrative agency, since the program's inception, concerning the compliance with federal or

state minimum legal requirements, the disposition of such complaint, and the monitoring and

evaluation of any such agreement or court order relative to such complaint; and

     (12) Said information shall be filed in the form of the total for the school district as well

as categorized by school, grade, and language.

     (r) The commissioner annually shall analyze and publish data reported by school districts

under this section regarding English language learners programs and limited English proficient

students. Publication shall include, but need not be limited to, availability on the department's

website. The commissioner shall submit annually a report to the committees of jurisdiction for

education in the house of representatives and senate on such data on a statewide and school

district basis including, but not limited to, by language group and type of English language

learners programs.

     16-97.1-2. Additional duties of the department of education related to school and

district accountability.

     (a) In order to support the commissioner and the board in fulfilling their duties, the

department shall use existing budgetary resources and existing personnel in its implementation of

improvement plans pursuant to this section. The department shall:

     (1) Provide a mechanism to review and report on the efforts of schools, charter schools,

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and school districts, including regional school districts, to improve the academic achievement of

their students;

     (2) Inform and assist the board in fulfilling their broader responsibilities to promote high

levels of achievement in the schools and districts of the state;

     (3) Be, for purposes of school and district accountability, under the direction and

supervision of one individual who shall be appointed by the commissioner. This individual shall

be responsible for:

     (i) The direction and supervision of the targeted assistance and intervention efforts of the

department under this chapter;

     (ii) Such assistance efforts as the commissioner deems necessary to correct deficiencies

identified by the department;

     (iii) Compliance with the accountability provisions of federal law; and

     (iv) Ensuring that the auditing and assistance functions of the department are aligned to

promote collaboration and communication across the auditing and assistance functions.

     (4) Ensure that school and district review teams include experienced practitioners in the

field of education, except that no member shall have been previously or currently employed by:

     (i) The school, district, or charter school being reviewed; or

     (ii) A district, charter school, or education collaborative serving a common student

population with the school, district, or charter school being reviewed.

     (5) Act as an auditing body, objectively reviewing the results of educational measurement

and tests conducted by or for the department in implementing the laws under this chapter. In

executing this subsection, the department shall:

     (i) Perform no fewer than three (3) school district reviews annually, seventy-five percent

(75%) of which shall be in districts whose students achieve at low levels either in absolute terms

or relative to districts that educate similar student populations. The remainder of the audits shall

be divided equally among districts whose students achieve at high levels relative to districts that

educate similar student populations and randomly selected districts;

     (ii) Ensure that no school or district is reviewed during the administration of any

statewide assessments;

     (iii) Coordinate with other entities in the department to ensure that a school or district is

not subject to multiple comprehensive audits or reviews by the department or any accrediting

body within a nine (9) month period, unless the board specifically votes to do so on an emergency

basis;

     (iv) Have the following duties relative to school district audits:

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     (A) Objectively review the accuracy of the school and district reports by conducting or

contracting for periodic program and fiscal audits as necessary;

     (B) Undertake inspections of schools, charter schools, and school districts, including

regional school districts, to evaluate efforts to improve and support the quality of instruction and

administration;

     (C) Review the district's RIAS success plan, if one was required pursuant to law, and

evaluate the implementation of that plan;

     (D) Review the district's implementation of any RIAS grants received to develop or

enhance academic support services for students scoring in level 1 or 2;

     (E) Evaluate the alignment of curriculum and professional development plans with the

state curriculum and assessments;

     (F) Review the progress of overall student achievement;

     (G) Evaluate student performance, school and district management, overall district

governance, and any other areas deemed necessary by the department; and

     (H) Ensure such audits are conducted in accordance with standards established by the

council of elementary and secondary education;

     (v) Following the school district audit, produce a comprehensive report detailing its

findings and observations, which the commissioner shall present to the council along with any

recommendations for further action to be taken by the council. After the council's receipt of the

report, the commissioner shall issue recommendations to districts not requiring further action

relative to methods for improving any deficiencies identified by the department. The

recommendations shall be transmitted to the reviewed district's superintendent and school

committee within ninety (90) days of the council's receipt of the report; and

     (vi) Annually compile a report of best practices from the list of audits conducted that year

and distribute the compiled list to all school districts in the state.

     (6) For the purposes of any inspection or audit, have access to all necessary papers,

vouchers, books, and records pertaining to a school, including a charter school, a school district,

or a regional school district;

     (7) In establishing protocols for the conduct of school or district audits, to the extent

practicable, minimize the administrative burden on schools and districts by using existing,

recently-compiled, or readily-available data sources. Schools, school districts, and school

personnel shall cooperate with the department for any inspection or audit conducted pursuant to

this section including, but not limited to, participating in interviews and producing books and

documents. Each school district, including regional school districts and charter schools, shall

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annually file with the department, on or before October 1, a copy of its current personnel

contracts and collective bargaining agreements in a form and manner prescribed by the

commissioner. The department shall ensure that any noncompliance with law, misfeasance, or

malfeasance shall be referred to the commissioner for appropriate action;

     (8) Support the commissioner and the council in carrying out their duties under sections

related to underperforming schools. Nothing in this section shall be construed as limiting the

ability of the department to contract with individuals, external partners, or other entities to

support the assistance functions established by said sections.

     (b) The department shall transmit its findings, audit reports, recommendations, and

follow-up reports to the council on elementary and secondary education, the attorney general, and

a local public library in the audited districts. The department shall report to the general assembly

the results of its findings, audit report, recommendations, and follow-up reports, and file such

reports with the clerks of the house of representatives and the senate, who shall forward the same

to the senate president, the speaker of the house of representatives, and the committees of

educational jurisdiction.

     SECTION 8. This act shall take effect on January 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- EDUCATION ACCOUNTABILITY ACT

***

     This act would provide for greater school-based management at the school level, would

expand the duties of school improvement teams, and would also establish a new chapter on

education accountability which provide for evaluations, assessments, and reports on the

performance of both school districts and individual schools.

     This act would take effect on January 1, 2020.

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