2022 -- H 8094 | |
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LC005684 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO EDUCATION -- THE PAUL W. CROWLEY RHODE ISLAND STUDENT | |
INVESTMENT INITIATIVE | |
| |
Introduced By: Representatives Kislak, Ajello, Amore, Williams, Morales, Hull, | |
Date Introduced: April 06, 2022 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 16-7.1-5 of the General Laws in Chapter 16-7.1 entitled "The Paul |
2 | W. Crowley Rhode Island Student Investment Initiative [See Title 16 Chapter 97 - The Rhode |
3 | Island Board of Education Act]" is hereby amended to read as follows: |
4 | 16-7.1-5. Intervention and support for failing schools. |
5 | (a) The board of regents shall adopt a series of progressive support and intervention |
6 | strategies consistent with the Comprehensive Education Strategy and the principles of the "School |
7 | Accountability for Learning and Teaching" (SALT) of the board of regents for those schools and |
8 | school districts that continue to fall short of performance goals outlined in the district strategic |
9 | plans. These strategies shall initially focus on: (1) technical assistance in improvement planning, |
10 | curriculum alignment, student assessment, instruction, and family and community involvement; (2) |
11 | policy support; (3) resource oversight to assess and recommend that each school has adequate |
12 | resources necessary to meet performance goal; and (4) creating supportive partnerships with |
13 | education institutions, business, governmental, or other appropriate nonprofit agencies. If after a |
14 | three (3) year period of support there has not been improvement in the education of students as |
15 | determined by objective criteria to be developed by the board of regents, then there shall be |
16 | progressive levels of control by the department of elementary and secondary education over the |
17 | school and/or district budget, program, and/or personnel. This control by the department of |
18 | elementary and secondary education may be exercised in collaboration with the school district and |
| |
1 | the municipality. If further needed, the school shall be reconstituted. Reconstitution responsibility |
2 | is delegated to the board of regents and may range from restructuring the school's governance, |
3 | budget, program, personnel, and/or may include decisions regarding the continued operation of the |
4 | school. The board of regents shall assess the district's capacity and may recommend the provision |
5 | of additional district, municipal and/or state resources. If a school or school district is under the |
6 | board of regents' control as a result of actions taken by the board pursuant to this section, the local |
7 | school committee shall be responsible for funding that school or school district at the same level as |
8 | in the prior academic year increased by the same percentage as the state total of school aid is |
9 | increased. |
10 | (b) For FY 2007, the department shall dedicate one hundred thousand dollars ($100,000) |
11 | from funds appropriated to support progressive support and intervention and SALT visits to support |
12 | the Rhode Island Consortium for Instructional Leadership and Training. This consortium is |
13 | engaged in training school leaders to be more effective instructional leaders in the standards based |
14 | instruction environment. |
15 | (a) The commissioner of elementary and secondary education may, on the basis of |
16 | regulations adopted by the council on elementary and secondary education, designate one or more |
17 | schools in a school district as underperforming or chronically underperforming. The council shall |
18 | adopt regulations establishing standards for the commissioner to make such designations on the |
19 | basis of data collected for the purpose of school classification, pursuant to 20 U.S.C. § 6311. |
20 | Schools that score the lowest rating shall be deemed eligible for designation as underperforming or |
21 | chronically underperforming. Not more than four percent (4%) of the total number of public schools |
22 | may be designated as underperforming or chronically underperforming at any given time. |
23 | (1) In adopting regulations allowing the commissioner to designate a school as |
24 | underperforming or chronically underperforming, the council shall ensure that such regulations |
25 | take into account multiple indicators of school quality in making determinations regarding |
26 | underperformance or chronic underperformance, such as student attendance, suspension rates, |
27 | promotion rates, graduation rates or the lack of demonstrated significant improvement for two (2) |
28 | or more consecutive years in core academic subjects, either in the aggregate or among subgroups |
29 | of students, including designations based on special education, low-income, English language |
30 | proficiency and racial classifications. |
31 | (2) Before a school is designated chronically underperforming by the commissioner, a |
32 | school must be designated underperforming and fail to improve. |
33 | (3) An underperforming or chronically underperforming school described in the following |
34 | subsections shall operate in accordance with laws regulating other public schools, except as such |
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1 | provisions may conflict with this section or any turnaround plans created thereunder. A student |
2 | who is enrolled in a school at the time it is designated as underperforming or chronically |
3 | underperforming shall retain the ability to remain enrolled in the school while remaining a resident |
4 | of the district if the student chooses to do so. |
5 | (b)(1) Upon the designation of a school as an underperforming school in accordance with |
6 | regulations developed pursuant to this section, the superintendent of the district, with approval by |
7 | the commissioner, shall create a turnaround plan for the school, under subsections (b) through (f), |
8 | inclusive of this section. |
9 | (2) Before the superintendent creates the turnaround plan required in this subsection, the |
10 | superintendent shall convene a local stakeholder group of not more than thirteen (13) individuals, |
11 | for the purpose of soliciting recommendations on the content of such plan to maximize the rapid |
12 | academic achievement of students at the school. The superintendent shall provide due consideration |
13 | to the recommendations of the stakeholder group. The group shall include: |
14 | (i) The commissioner, or designee; |
15 | (ii) The chair of the school committee, or designee; |
16 | (iii) The president of the local teacher's union, or designee; |
17 | (iv) An administrator from the school, who may be the principal, chosen by the |
18 | superintendent; |
19 | (v) A teacher from the school chosen by the faculty of the school; |
20 | (vi) A parent from the school chosen by the local parent organization. If the school or |
21 | district does not have a parent organization or if the organization does not select a parent, the |
22 | superintendent shall select a volunteer parent of a student from the school; |
23 | (vii) A member of the community appointed by the chief executive of the city or town; |
24 | (viii) For elementary schools, a representative of an early education and care provider |
25 | chosen by the commissioner and, for middle schools or high schools, a representative of the higher |
26 | education community selected by the postsecondary commissioner; |
27 | (ix) Representatives of applicable state and local social service, health and child welfare |
28 | agencies, chosen by the superintendent; and |
29 | (x) As appropriate, representatives of state and local workforce development agencies, |
30 | chosen by the superintendent. |
31 | (3) The superintendent shall convene such group within thirty (30) days of the |
32 | commissioner designating a school as underperforming and the group shall make its |
33 | recommendations to the superintendent within forty-five (45) days of its initial meeting. Meetings |
34 | of the local stakeholder group shall be open to the public and the recommendations submitted to |
| LC005684 - Page 3 of 27 |
1 | the superintendent under this subsection shall be publicly available immediately upon their |
2 | submission. |
3 | (c)(1) In creating the turnaround plan in subsection (b) of this section, the superintendent |
4 | shall include, after considering the recommendations of the local stakeholder group, provisions |
5 | intended to maximize the rapid academic achievement of students at the school and shall, to the |
6 | extent practicable, base the plan on student outcome data, including, but not limited to: |
7 | (i) Data collected pursuant to 20 U.S.C. § 6311; |
8 | (ii) Student achievement on the Rhode Island comprehensive assessment system; |
9 | (iii) Other measures of student achievement, approved by the commissioner; |
10 | (iv) Student promotion and graduation rates; |
11 | (v) Achievement data for different subgroups of students, including low-income students, |
12 | English learners and students receiving special education; and |
13 | (vi) Student attendance and suspension rates. |
14 | (2) The superintendent shall also include in the creation of the turnaround plan, after |
15 | considering the recommendations of the local stakeholder group, the following: |
16 | (i) Steps to address the social-emotional and health needs of students in the district and |
17 | their families in order to help students arrive and remain at school ready to learn; |
18 | (ii) As applicable, steps to improve workforce development services provided to students |
19 | in the district and their families in order to provide students and families with meaningful |
20 | employment skills and opportunities; |
21 | (iii) Steps to address achievement gaps for English learners, special education students and |
22 | low-income students; |
23 | (iv) Alternative English language learning programs for English learners; and |
24 | (v) A financial plan for the school, including any additional funds to be provided by the |
25 | district, state, federal government or other sources. |
26 | (3) The secretary of the executive office of health and human services, director of the |
27 | department of labor and training, commissioner of postsecondary education and other applicable |
28 | state and local social service, health and child welfare officials shall coordinate with the |
29 | superintendent regarding the implementation of strategies that are included in a final turnaround |
30 | plan and shall, subject to appropriation, reasonably support such implementation consistent with |
31 | the requirements of state and federal law applicable to the relevant programs that each such official |
32 | is responsible for administering. The commissioner of elementary and secondary education shall |
33 | assist the superintendent in facilitating the coordination. |
34 | (4) To assess the school across multiple measures of school performance and student |
| LC005684 - Page 4 of 27 |
1 | success, the turnaround plan shall include measurable annual goals including, but not limited to: |
2 | (i) Student attendance and suspension rates; |
3 | (ii) Student safety and discipline; |
4 | (iii) Student promotion and graduation and dropout rates; |
5 | (iv) Student achievement on the Rhode Island comprehensive assessment system; |
6 | (v) Progress in areas of academic underperformance; |
7 | (vi) Progress among subgroups of students, including low-income students, English |
8 | learners and students receiving special education; |
9 | (vii) Reduction of achievement gaps among different groups of students; |
10 | (viii) Student acquisition and mastery of twenty-first century skills; |
11 | (ix) Development of college readiness, including at the elementary and middle school |
12 | levels; |
13 | (x) Parent and family engagement; |
14 | (xi) Building a culture of academic success among students; |
15 | (xii) Building a culture of student support and success among school faculty and staff; |
16 | (xiii) Recruitment and retention of a qualified, diverse workforce; |
17 | (xiv) Staffing ratios and teacher vacancies; |
18 | (xv) Health and safety of facilities; and |
19 | (xvi) Developmentally appropriate child assessments from pre-kindergarten through third |
20 | grade, if applicable. |
21 | (d)(1) Notwithstanding any general or special law to the contrary, in creating the |
22 | turnaround plan required in subsection (b) of this section, the superintendent may, after considering |
23 | the recommendations of the group of stakeholders: |
24 | (i) Expand, alter or replace the curriculum and program offerings of the school, including |
25 | the implementation of research-based early literacy programs, early interventions for struggling |
26 | readers and the teaching of advanced placement courses or other rigorous nationally or |
27 | internationally recognized courses, if the school does not already have such programs or courses; |
28 | (ii) Reallocate the uses of the existing budget of the school; |
29 | (iii) Provide additional funds to the school from the budget of the district, if the school does |
30 | not already receive funding from the district at least equal to the average per pupil funding received |
31 | for students of the same classification and grade level in the district; |
32 | (iv) Provide funds, subject to appropriation and following consultation with applicable |
33 | local unions, to increase the salary of any administrator, or teacher in the school, to attract or retain |
34 | highly-qualified administrators, or teachers or to reward administrators, or teachers who work in |
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1 | underperforming schools that achieve the annual goals set forth in the turnaround plan; |
2 | (v) Recommend expanding the school day or school year or both of the school; |
3 | (vi) For an elementary school, add pre-kindergarten classes, if the school does not already |
4 | have such classes, subject to approval by the Rhode Island department of education; |
5 | (vii) Limit, suspend or change one or more school district policies or practices, as such |
6 | policies or practices relate to the school; |
7 | (viii) Include a provision of job-embedded professional development for teachers at the |
8 | school, with an emphasis on strategies that involve teacher input and feedback; |
9 | (ix) Provide for increased opportunities for teacher planning time and collaboration focused |
10 | on improving student instruction; |
11 | (x) Establish a plan for professional development for administrators at the school, with an |
12 | emphasis on strategies that develop leadership skills and use the principles of distributive |
13 | leadership; |
14 | (xi) Establish steps to assure a continuum of high-expertise teachers by aligning the |
15 | following processes with a common core of professional knowledge and skill: hiring, induction, |
16 | teacher evaluation, professional development, teacher advancement, school culture and |
17 | organizational structure; |
18 | (xii) Develop a strategy to search for and study best practices in areas of demonstrated |
19 | deficiency in the school; |
20 | (xiii) Establish strategies to address mobility and transiency among the student population |
21 | of the school; and |
22 | (xiv) Include additional components based on the reasons why the school was designated |
23 | as underperforming and the recommendations of the group of stakeholders in subsection (b) of this |
24 | section. |
25 | (2) For a school with English learners, the professional development and planning time for |
26 | teachers and administrators shall include specific strategies and content designed to maximize the |
27 | rapid academic achievement of English learners at the school. |
28 | (e) Within thirty (30) days of the local stakeholder group making recommendations under |
29 | subsection (b) of this section, the superintendent shall submit a turnaround plan to the local |
30 | stakeholder group, the school committee and the commissioner, all of whom may propose |
31 | modifications to the plan. The superintendent shall make such plan immediately available to the |
32 | public upon the submission. The stakeholder group, the school committee and the commissioner |
33 | shall submit any proposed modifications to the superintendent not more than thirty (30) days after |
34 | the date of submission of the turnaround plan and the proposed modifications shall be made public |
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1 | immediately upon their submission to the superintendent. The superintendent shall consider and |
2 | may incorporate the modifications into the plan if the superintendent determines that inclusion of |
3 | the modifications would further promote the rapid academic achievement of students at the school |
4 | or may alter or reject the proposed modifications submitted under this subsection. Within thirty |
5 | (30) days of receiving any proposed modifications under this subsection, the superintendent shall |
6 | issue a final turnaround plan for the school and the plan shall be made publicly available. |
7 | (f) Within thirty (30) days of the issuance of a final turnaround plan under subsection (e) |
8 | of this section, a school committee or local union may appeal to the commissioner regarding one |
9 | or more components of the plan, including the absence of one or more modifications proposed |
10 | under subsection (e) of this section. The commissioner may, in consultation with the |
11 | superintendent, modify the plan if the commissioner determines that: |
12 | (1) Such modifications would further promote the rapid academic achievement of students |
13 | in the applicable school; |
14 | (2) A component of the plan was included, or a modification was excluded, on the basis of |
15 | demonstrably false information or evidence; or |
16 | (3) The superintendent failed to meet the requirements of subsections (b) through (e), |
17 | inclusive of this section. The decision of the commissioner regarding an appeal under this |
18 | subsection shall be made within thirty (30) days and shall be final. |
19 | (g) The superintendent may select an external overseer to operate the school and implement |
20 | the turnaround plan or to assist the superintendent with the implementation. The superintendent |
21 | may appoint the overseer if the superintendent determines that conditions exist in the district that |
22 | are likely to negatively affect his ability to implement the plan successfully. A school committee |
23 | may appeal to the commissioner the decision of the superintendent to appoint an external overseer. |
24 | The commissioner may reverse such decision only if he/she determines that the superintendent |
25 | made the decision on the basis of demonstrably false information or evidence. An overseer shall be |
26 | an individual with a demonstrated record of success in improving low-performing schools or the |
27 | academic performance of disadvantaged students. An overseer shall be subject to the provisions of |
28 | chapter 14 of title 36 ("code of ethics") and chapter 2 of title 38 ("public records"). |
29 | (h) An external overseer selected by the superintendent to operate a school shall have full |
30 | managerial and operational control over the school as provided in the turnaround plan. For all other |
31 | purposes, the school district in which the school is located shall remain the employer of record. |
32 | (i) Each turnaround plan shall be authorized for a period of not more than three (3) years, |
33 | subject to subsection (j) of this section. The superintendent or external overseer, as applicable, may |
34 | develop additional components of the turnaround plan pursuant to subsections (b) through (g), |
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1 | inclusive, of this section and shall develop annual goals for each component of the plan, in a manner |
2 | consistent with subsections (b) through (g), inclusive, of this section. The superintendent or external |
3 | overseer, as applicable, shall be responsible for meeting the goals of the plan. |
4 | (j)(1) Each school designated by the commissioner as underperforming under subsection |
5 | (a) of this section shall be reviewed by the superintendent, in consultation with the principal of the |
6 | school, at least annually. The purpose of the review shall be to determine whether the school has |
7 | met the annual goals in its turnaround plan and to assess the overall implementation of the |
8 | turnaround plan. The review shall be in writing and shall be submitted to the commissioner and the |
9 | school committee not later than July 1 for the preceding school year. The review shall be submitted |
10 | in a format determined by the department of elementary and secondary education. |
11 | (2) If the commissioner determines that the school has met the annual performance goals |
12 | stated in the turnaround plan, the review shall be considered sufficient and the implementation of |
13 | the turnaround plan shall continue. If the commissioner determines that the school has not met one |
14 | or more goals in the turnaround plan and that the failure to meet the goals may be corrected through |
15 | reasonable modification of the plan, the superintendent may amend the turnaround plan in a manner |
16 | consistent with the provisions of subsections (b) through (f), inclusive, of this section. If the |
17 | commissioner determines that the school has substantially failed to meet one or more goals in the |
18 | plan, the commissioner may appoint an examiner to conduct an evaluation of the school's |
19 | implementation of the turnaround plan. |
20 | (3) If the commissioner determines that the school has substantially failed to meet multiple |
21 | goals in the plan, the commissioner may require changes to the turnaround plan to be implemented |
22 | by the superintendent in the following year or the appointment of an external partner to advise and |
23 | assist the superintendent in implementing the plan the following year. If an underperforming school |
24 | is operated by an external overseer, the commissioner may require the superintendent to terminate |
25 | the overseer and develop a new turnaround plan; provided, however, that the superintendent shall |
26 | not terminate the overseer before the completion of the first full school year of the operation of the |
27 | underperforming school. |
28 | (k) Upon the expiration of a turnaround plan, the commissioner shall conduct a review of |
29 | the school to determine whether the school has improved sufficiently, requires further improvement |
30 | or has failed to improve. On the basis of such review, the commissioner may determine that: |
31 | (1) The school has improved sufficiently for the designation of the school as |
32 | underperforming to be removed; |
33 | (2) The school has improved, but the school remains underperforming, in which case the |
34 | superintendent may, with the approval of the commissioner, renew the plan or create a new or |
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1 | modified plan for an additional period of not more than three (3) years, consistent with the |
2 | requirements of subsections (a) through (f) of this section; or |
3 | (3) Consistent with the requirements of subsection (a) of this section, the school is |
4 | chronically underperforming. The commissioner may recommend the appointment of an external |
5 | overseer by the superintendent if the commissioner believes that a new or modified turnaround plan |
6 | implemented by the superintendent will not result in rapid improvement. In carrying out this |
7 | subsection, the superintendent shall: |
8 | (i) In the case of a renewal of a turnaround plan, determine subsequent annual goals for |
9 | each component of the plan with the input of the local stakeholder group as defined in subsection |
10 | (b) of this section; or |
11 | (ii) Create a new or modified turnaround plan as necessary, consistent with the |
12 | requirements of this section. |
13 | (l)(1) Upon the designation of a school as a chronically underperforming school in |
14 | accordance with the regulations developed under this section, the commissioner shall create a |
15 | turnaround plan for the school under this subsection and subsections (n) through (o), inclusive, of |
16 | this section. |
17 | (2) Before creating the turnaround plan required in this subsection, the commissioner shall |
18 | convene a local stakeholder group of not more than thirteen (13) individuals for the purpose of |
19 | soliciting recommendations on the content of such plan in order to maximize the rapid academic |
20 | achievement of students. The commissioner shall provide due consideration to the |
21 | recommendations of the stakeholder group. The group shall include: |
22 | (i) The superintendent, or designee; |
23 | (ii) The chair of the school committee, or designee; |
24 | (iii) The president of the local teacher's union, or designee; |
25 | (iv) An administrator from the school, who may be the principal, chosen by the |
26 | superintendent; |
27 | (v) A teacher from the school chosen by the faculty of the school; |
28 | (vi) A parent from the school chosen by the local parent organization. If the school or |
29 | district does not have a parent organization or if the organization does not select a parent, the |
30 | commissioner shall select a volunteer parent of a student from the school; |
31 | (vii) A member of the community appointed by the chief executive of the city or town; |
32 | (viii) For elementary schools, a representative of an early education and care provider |
33 | chosen by the commissioner and, for middle schools or high schools, a representative of the higher |
34 | education community selected by the commissioner of postsecondary education; |
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1 | (ix) Representatives of applicable state and local social service, health and child welfare |
2 | agencies, chosen by the commissioner; and |
3 | (x) As appropriate, representatives of state and local workforce development agencies, |
4 | chosen by the commissioner. |
5 | (3) The commissioner shall convene the group within thirty (30) days of the designation of |
6 | a school as chronically underperforming and the group shall make its recommendations to the |
7 | commissioner within forty-five (45) days of its initial meeting. Meetings of the local stakeholder |
8 | group shall be open to the public and the recommendations submitted to the commissioner under |
9 | this subsection shall be publicly available immediately upon their submission. |
10 | (m)(1) In creating the turnaround plan required in subsection (l) of this section, the |
11 | commissioner shall include, after considering the recommendations of the local stakeholder group, |
12 | provisions intended to maximize the rapid academic achievement of students at the school and |
13 | shall, to the extent practicable, base the plan on student outcome data, including, but not limited to: |
14 | (i) Data collected pursuant to 20 U.S.C. § 6311; |
15 | (ii) Student achievement on the Rhode Island comprehensive assessment system; |
16 | (iii) Other measures of student achievement, approved by the commissioner, as |
17 | appropriate; |
18 | (iv) Student promotion and graduation rates; |
19 | (v) Achievement data for different subgroups of students, including low-income students, |
20 | English learners and students receiving special education; and |
21 | (vi) Student attendance and suspension rates. |
22 | (2) The commissioner shall include in the creation of the turnaround plan, after considering |
23 | the recommendations of the local stakeholder group, the following: |
24 | (i) Steps to address the social-emotional and health needs of students in the district and |
25 | their families in order to help students arrive and remain at school ready to learn; |
26 | (ii) As applicable, steps to improve workforce development services provided to students |
27 | in the district and their families in order to provide students and families with meaningful |
28 | employment skills and opportunities; |
29 | (iii) Steps to address achievement gaps for English learners, special education students and |
30 | low-income students; |
31 | (iv) English language acquisition programs for English learners; and |
32 | (v) A financial plan for the school, including any additional funds to be provided by the |
33 | district, state, federal government or other sources. |
34 | (3) The secretary of the executive office of health and human services, director of the |
| LC005684 - Page 10 of 27 |
1 | department of labor and training, commissioner of postsecondary education and other applicable |
2 | state and local social service, health and child welfare officials shall coordinate with the |
3 | commissioner regarding the implementation of strategies that are included in a final turnaround |
4 | plan and shall, subject to appropriation, reasonably support the implementation consistent with the |
5 | requirements of state and federal law applicable to the relevant programs that each official is |
6 | responsible for administering. |
7 | (4) In order to assess the school across multiple measures of school performance and |
8 | student success, the turnaround plan shall include measurable annual goals including, but not |
9 | limited to, the following: |
10 | (i) Student attendance and suspension rates; |
11 | (ii) Student safety and discipline; |
12 | (iii) Student promotion and graduation and dropout rates; |
13 | (iv) Student achievement on the Rhode Island comprehensive assessment system; |
14 | (v) Progress in areas of academic underperformance; |
15 | (vi) Progress among subgroups of students, including low-income students, English |
16 | learners and students receiving special education; |
17 | (vii) Reduction of achievement gaps among different groups of students; |
18 | (viii) Student acquisition and mastery of twenty-first century skills; |
19 | (ix) Development of college readiness, including at the elementary and middle school |
20 | levels; |
21 | (x) Parent and family engagement; |
22 | (xi) Building a culture of academic success among students; |
23 | (xii) Building a culture of student support and success among school faculty and staff; |
24 | (xiii) Recruitment and retention of a qualified, diverse workforce; |
25 | (xiv) Staffing ratios and teacher vacancies; |
26 | (xv) Health and safety of facilities; and |
27 | (xvi) Developmentally appropriate child assessments, if applicable. |
28 | (n)(1) Notwithstanding any general or special law to the contrary, in creating the |
29 | turnaround plan required in subsection (m) of this section, the commissioner may, after considering |
30 | the recommendations of the group of stakeholders: |
31 | (i) Expand, alter or replace the curriculum and program offerings of the school, including |
32 | the implementation of research-based early literacy programs, early interventions for struggling |
33 | readers and the teaching of advanced placement courses or other rigorous nationally or |
34 | internationally recognized courses, if the school does not already have such programs or courses; |
| LC005684 - Page 11 of 27 |
1 | (ii) Reallocate the uses of the existing budget of the school; |
2 | (iii) Provide additional funds to the school from the budget of the district, if the school does |
3 | not already receive funding from the district at least equal to the average per pupil funding received |
4 | for students of the same classification and grade level in the district; |
5 | (iv) Provide funds, subject to appropriation, to increase the salary of an administrator, or |
6 | teacher in the school, in order to attract or retain highly-qualified administrators or teachers or to |
7 | reward administrators, or teachers who work in chronically underperforming schools that achieve |
8 | the annual goals set forth in the turnaround plan; |
9 | (v) Recommend expanding the school day or school year or both of the school; |
10 | (vi) For an elementary school, add pre-kindergarten and full-day kindergarten classes, if |
11 | the school does not already have such classes; |
12 | (vii) Limit, suspend or change one or more school district policies or practices, as such |
13 | policies or practices relate to the school; |
14 | (viii) Include a provision of job-embedded professional development for teachers at the |
15 | school, with an emphasis on strategies that involve teacher input and feedback; |
16 | (ix) Provide for increased opportunities for teacher planning time and collaboration focused |
17 | on improving student instruction; |
18 | (x) Establish a plan for professional development for administrators at the school, with an |
19 | emphasis on strategies that develop leadership skills and use the principles of distributive |
20 | leadership; |
21 | (xi) Establish steps to assure a continuum of high expertise teachers by aligning the |
22 | following processes with the common core of professional knowledge and skill: hiring, induction, |
23 | teacher evaluation, professional development, teacher advancement, school culture and |
24 | organizational structure; |
25 | (xii) Develop a strategy to search for and study best practices in areas of demonstrated |
26 | deficiency in the school; |
27 | (xiii) Establish strategies to address mobility and transiency among the student population |
28 | of the school; and |
29 | (xiv) Include additional components, at the discretion of the commissioner, based on the |
30 | reasons the school was designated as chronically underperforming and the recommendations of the |
31 | local stakeholder group in subsection (l) of this section. |
32 | (2) For a school with English learners, the professional development and planning time for |
33 | teachers and administrators shall include specific strategies and content designed to maximize the |
34 | rapid academic achievement of the English learners. |
| LC005684 - Page 12 of 27 |
1 | (3) If the commissioner proposes to reallocate funds to the school from the budget of the |
2 | district, the commissioner shall notify the school committee, in writing, of the amount of and |
3 | rationale for the reallocation. |
4 | (o) Within thirty (30) days of the local stakeholder group making recommendations under |
5 | subsection (m) of this section, the commissioner shall submit a turnaround plan to the local |
6 | stakeholder group, the superintendent and the school committee, all of whom may propose |
7 | modifications to the plan. The commissioner shall make the plan immediately available to the |
8 | public upon submission. The stakeholder group, the superintendent and the school committee shall |
9 | submit any proposed modifications to the commissioner within thirty (30) days after the date of |
10 | submission of the turnaround plan and the proposed modifications shall be made public |
11 | immediately upon their submission to the commissioner. The commissioner shall consider and |
12 | incorporate the modifications into the plan if the commissioner determines that inclusion of the |
13 | modifications would further promote the rapid academic achievement of students at the applicable |
14 | school. The commissioner may alter or reject modifications submitted pursuant to this subsection. |
15 | Within thirty (30) days of receiving any proposed modifications, the commissioner shall issue a |
16 | final turnaround plan for the school and the plan shall be made publicly available. |
17 | (p) Within thirty (30) days of the issuance of a final turnaround plan under subsection (o) |
18 | of this section, a superintendent, school committee or local union may appeal to the council on |
19 | elementary and secondary education regarding one or more components of the plan, including the |
20 | absence of one or more modifications proposed under subsection (p) of this section. A majority of |
21 | the council may vote to modify the plan if the council determines that: |
22 | (1) Such modifications would further promote the rapid academic achievement of students |
23 | in the applicable school; |
24 | (2) A component of the plan was included, or a modification was excluded, on the basis of |
25 | demonstrably false information or evidence; or |
26 | (3) The commissioner failed to meet the requirements of subsections (l) through (o), |
27 | inclusive, of this section. The decision of the council regarding an appeal under this subsection |
28 | shall be made within thirty (30) days and shall be final. |
29 | (q)(1) In the case of a chronically underperforming school, the commissioner may, under |
30 | the circumstances described in this subsection, send a targeted assistance team to the school to |
31 | assist the superintendent with the implementation of the turnaround plan, require the superintendent |
32 | to implement the turnaround plan, or select an external overseer to operate the school and |
33 | implement the turnaround plan. The commissioner may appoint such overseer if the commissioner |
34 | determines that: |
| LC005684 - Page 13 of 27 |
1 | (i) The superintendent is unlikely to implement the plan successfully; or |
2 | (ii) Conditions exist in the district that are likely to negatively affect the ability of the |
3 | superintendent to implement such plan successfully. An overseer shall be an individual with a |
4 | demonstrated record of success in improving low performing schools or the academic performance |
5 | of disadvantaged students. An overseer shall be subject to the provisions of chapter 14 of title 36 |
6 | ("code of ethics") and chapter 2 of title 38 ("public records"). |
7 | (2) The commissioner may select the external overseer upon the designation of a school as |
8 | chronically underperforming. The external overseer may serve as the commissioner's designee for |
9 | the purpose of creating a school's turnaround plan under subsections (l) through (o), inclusive, of |
10 | this section. |
11 | (r) An external overseer selected by the commissioner to operate a chronically |
12 | underperforming school shall have full managerial and operational control over the school as |
13 | provided in the turnaround plan. For all other purposes, the school district in which the school is |
14 | located shall remain the employer of record. An overseer for a chronically underperforming school |
15 | shall not be required by contract to indemnify and hold harmless the state against any and all claims, |
16 | liabilities and costs which arise out of the overseer's performance of its role in the creation or |
17 | implementation of the turnaround plan. In connection with the performance of its role in the |
18 | creation or implementation of the turnaround plan, the overseer may: |
19 | (i) Sue and be sued only to the same extent and upon the same conditions that a |
20 | municipality may be sued; |
21 | (ii) Receive and disburse funds for the chronically underperforming school; and |
22 | (iii) Solicit and accept grants or gifts for the chronically underperforming school. |
23 | (s) Each turnaround plan shall be authorized for a period of not more than three (3) years, |
24 | subject to subsection (v) of this section. The superintendent or external overseer, as applicable, may |
25 | develop additional components of the plan and shall develop annual goals for each component of |
26 | the plan in a manner consistent with subsection (n) of this section, all of which must be approved |
27 | by the commissioner. The superintendent or external overseer, as applicable, shall be responsible |
28 | for meeting the goals of the turnaround plan. |
29 | (t) The commissioner or external overseer, as applicable, shall provide a written report to |
30 | the school committee on a quarterly basis to provide specific information about the progress being |
31 | made on the implementation of the school's turnaround plan. One of the quarterly reports shall be |
32 | the annual evaluation under subsection (u) of this section. |
33 | (u)(1) The commissioner shall evaluate each chronically underperforming school at least |
34 | annually. The purpose of the evaluation shall be to determine whether the school has met the annual |
| LC005684 - Page 14 of 27 |
1 | goals in its turnaround plan and assess the implementation of the plan at the school. The review |
2 | shall be in writing and shall be submitted to the superintendent and the school committee not later |
3 | than July 1 for the preceding school year. The review shall be submitted in a format determined by |
4 | the department of elementary and secondary education. |
5 | (2) If the commissioner determines that the school has met the annual performance goals |
6 | stated in the turnaround plan, the review shall be considered sufficient and the implementation of |
7 | the turnaround plan shall continue. If the commissioner determines that the school has not met one |
8 | or more goals in the plan, the commissioner may modify the plan in a manner consistent with |
9 | subsection (m) of this section. |
10 | (3) If the commissioner determines that the school has substantially failed to meet multiple |
11 | goals in the plan, the commissioner may: |
12 | (i) If the school is operated by a superintendent, appoint an external overseer, as defined in |
13 | subsection (r) of this section, to operate the school; or |
14 | (ii) If the school is operated by an external overseer terminate the contract of the external |
15 | overseer; provided, however, that the commissioner shall not terminate the overseer before the |
16 | completion of the first full school year of the operation of the chronically underperforming school. |
17 | (v) Upon the expiration of a turnaround plan for a chronically underperforming school, the |
18 | commissioner shall conduct a review of the school to determine whether the school has improved |
19 | sufficiently, requires further improvement or has failed to improve. On the basis of such review, |
20 | the commissioner may: |
21 | (1) On the basis of a superintendent's or external overseer's success in meeting the terms of |
22 | the plan, renew the plan with the superintendent or external overseer for an additional period of not |
23 | more than three (3) years; |
24 | (2) If a school that is operated by a superintendent and remains chronically |
25 | underperforming, appoint an external overseer, as defined in subsection (q) of this section, to |
26 | operate the school; |
27 | (3) If a chronically underperforming school that is operated by an external overseer and |
28 | remains chronically underperforming, transfer the operation of the school from the overseer to the |
29 | applicable superintendent or to another external overseer; or |
30 | (4) Determine that the school has improved sufficiently for the designation of chronically |
31 | underperforming to be removed. |
32 | The commissioner shall: |
33 | (i) In the case of a renewal of a turnaround plan, jointly determine subsequent annual goals |
34 | for each component of the plan with the superintendent or external overseer, as applicable; or |
| LC005684 - Page 15 of 27 |
1 | (ii) Create a new or modified turnaround plan as necessary, consistent with the |
2 | requirements of this section. |
3 | (w) Notwithstanding any general or special law to the contrary, any underperforming or |
4 | chronically underperforming school operating a program for English learners shall establish an |
5 | English learner parent advisory council. |
6 | (x) The council on elementary and secondary education shall adopt regulations regarding: |
7 | (1) The conditions under which an underperforming or chronically underperforming school |
8 | shall no longer be designated as an underperforming or chronically underperforming school; and |
9 | (2) The transfer of the operation of an underperforming or a chronically underperforming |
10 | school from a superintendent or an external overseer, as applicable, to the school committee. The |
11 | regulations shall include provisions to allow a school to retain measures adopted in a turnaround |
12 | plan for a transitional period if, in the judgment of the commissioner, the measures would contribute |
13 | to the continued improvement of the school. Such regulations shall also include provisions that |
14 | clearly identify the conditions under which such a transitional period shall end and the powers |
15 | granted to the commissioner and council under this section shall cease to apply to a district |
16 | previously designated as chronically underperforming. |
17 | (y) If a school is under control of an overseer pursuant to this section, any funding |
18 | appropriated at the request of the overseer and/or commissioner for the purpose of achieving goals |
19 | set forth in the turnaround plan shall be funded in a manner consistent with chapter 7.2 of title 16. |
20 | SECTION 2. Chapter 16-7.1 of the General Laws entitled "The Paul W. Crowley Rhode |
21 | Island Student Investment Initiative [See Title 16 Chapter 97 - The Rhode Island Board of |
22 | Education Act]" is hereby amended by adding thereto the following sections: |
23 | 16-7.1-5.1. Intervention and support for chronically underperforming districts. |
24 | (a)(1) The council on elementary and secondary education shall adopt a series of |
25 | progressive support and intervention strategies that shall include, but not be limited to: |
26 | (i) Technical assistance in planning, curriculum alignment, family and community |
27 | engagement, and the implementation of evidence-based student assessment, instruction, and |
28 | support; |
29 | (ii) Policy support; |
30 | (iii) Resource oversight to assess and ensure the district effectively uses resources to meet |
31 | performance goals; and |
32 | (iv) The establishment of strategic partnerships with education institutions, business, |
33 | governmental, or other appropriate nonprofit agencies. |
34 | (2) Any district with a majority of schools receiving the lowest rating by the Rhode Island |
| LC005684 - Page 16 of 27 |
1 | department of education's school classification system, pursuant to 20 U.S.C. 6311, shall be eligible |
2 | to receive progressive support under this section. |
3 | (b) If after a three (3) year period of support there has not been improvement in the |
4 | education of students as determined by objective criteria to be developed by the council on |
5 | elementary and secondary education, the council may declare the district chronically |
6 | underperforming. |
7 | (c)(1) Following council declaration that a district is chronically underperforming, the |
8 | council shall designate an overseer for the district with all the powers of the superintendent and |
9 | school committee. The overseer shall be an individual with a demonstrated record of success in |
10 | improving low-performing schools or districts or the academic performance of disadvantaged |
11 | students who shall report directly to the commissioner. An external overseer designated by the |
12 | council to operate a district under this subsection shall have full managerial and operational control |
13 | over such district; provided, however, that the school district shall remain the employer of record |
14 | for all other purposes. An overseer shall be subject to the provisions of chapter 14 of title 36 ("code |
15 | of ethics"), chapter 2 of title 38 ("public records") and chapter 35 of title 42 ("administrative |
16 | procedures"). |
17 | An overseer for a chronically underperforming district shall not be required by contract to |
18 | indemnify and hold harmless the state against any and all claims, liabilities and costs which arise |
19 | out of the overseer's performance of its role in the creation or implementation of the turnaround |
20 | plan. In connection with the performance of its role in the creation or implementation of the |
21 | turnaround plan, the overseer may: |
22 | (i) Sue and be sued only to the same extent and upon the same conditions that a |
23 | municipality may be sued; |
24 | (ii) Receive and disburse funds for the chronically underperforming district; and |
25 | (iii) Solicit and accept grants or gifts for the district. |
26 | (2) Not more than three (3) school districts may be designated as chronically |
27 | underperforming at any given time, and for the purpose of this limitation, state intervention in one |
28 | or more chronically underperforming school, pursuant to § 16-7.1-5, shall count toward this three |
29 | (3) district limit. |
30 | (3) In adopting regulations allowing the council to designate a district as chronically |
31 | underperforming, the council shall ensure that the regulations account for multiple indicators of |
32 | district quality including student attendance, suspension rates or other disciplinary data, student |
33 | promotion and graduation rates in the district, or the lack of demonstrated significant improvement |
34 | for two (2) or more consecutive years in core academic subjects, either in the aggregate or among |
| LC005684 - Page 17 of 27 |
1 | subgroups of students, including designations based on special education classification, low- |
2 | income, English language proficiency and racial classifications. |
3 | (4)(i) The overseer shall create a turnaround plan to promote the rapid improvement of the |
4 | chronically underperforming district. |
5 | (ii) Before creating the turnaround plan required in this section, the commissioner and |
6 | overseer shall convene a local stakeholder group of not more than thirteen (13) individuals for the |
7 | purpose of soliciting recommendations on the content of such plan in order to maximize the rapid |
8 | improvement of the academic achievement of students. The overseer shall provide due |
9 | consideration to the recommendations of the local stakeholder group. The group shall include: |
10 | (A) The superintendent, or designee; |
11 | (B) The chair of the school committee, or designee; |
12 | (C) The president of the local teacher's union, or designee; |
13 | (D) A selection of administrators from the district, chosen by the commissioner from |
14 | among volunteers from the district; |
15 | (E) A selection of teachers from the district, chosen by the local teacher's union; |
16 | (F) A selection of parents from the district chosen by the local parent organization. If the |
17 | district does not have a parent organization or if the organization does not select a parent, the |
18 | commissioner shall select a volunteer parent of a student from the district; |
19 | (G) Representatives of applicable state and local social service, health, and child welfare |
20 | agencies chosen by the commissioner; |
21 | (H) As appropriate, representatives of workforce development agencies chosen by the |
22 | commissioner; and |
23 | (I) A member of the community appointed by the chief executive of the city or town. The |
24 | commissioner and overseer shall convene the group within thirty (30) days of the council |
25 | designating a district as chronically underperforming and the group shall make its |
26 | recommendations to the commissioner and overseer within forty-five (45) days of its initial |
27 | meetings. Meetings of the local stakeholder group shall be open to the public and the |
28 | recommendations submitted to the commissioner and overseer shall be publicly available |
29 | immediately upon their submission. |
30 | (iv) In creating the turnaround plan, the commissioner and overseer shall include measures |
31 | intended to maximize the rapid improvement of the academic achievement of students in the district |
32 | and shall, to the extent practicable, base the plan on student outcome data, including, but not limited |
33 | to: |
34 | (A) Data collected pursuant to 20 U.S.C. 6311; |
| LC005684 - Page 18 of 27 |
1 | (B) Student achievement on the Rhode Island comprehensive assessment system; |
2 | (C) Other measures of student achievement, approved by the commissioner; |
3 | (D) Student promotion and graduation rates; |
4 | (E) Achievement data for different subgroups of students, including low-income students, |
5 | English learners and students receiving special education; and |
6 | (F) Student attendance, suspension rates. |
7 | In creating the turnaround plan required in subsection (c)(4)(i) of this section, the |
8 | commissioner and overseer shall include, after considering the recommendations of the local |
9 | stakeholder group, the following: |
10 | (I) Steps to address the social-emotional and health needs of students in the district and |
11 | their families in order to help students arrive and remain at school ready to learn; |
12 | (II) As applicable, steps to improve workforce development services provided to students |
13 | in the district and their families in order to provide students and families with meaningful |
14 | employment skills and opportunities; |
15 | (III) Steps to address achievement gaps for English learners, special education students and |
16 | low-income students, as applicable; |
17 | (IV) English language acquisition programs for English learners; and |
18 | (V) A budget for the district including any additional funds to be provided by the state, |
19 | federal government or other sources. |
20 | (v) The secretary of the executive office of health and human services, the department of |
21 | labor and training, the office of the postsecondary commissioner and other applicable state and |
22 | local social service, health and child welfare officials shall coordinate with the commissioner |
23 | regarding the strategies contained in a turnaround plan and shall, subject to appropriation, |
24 | reasonably support the implementation consistent with the requirements of state and federal law |
25 | applicable to the relevant programs that each such official is responsible for administering. |
26 | (vi) In order to assess the district across multiple measures of district performance and |
27 | student success, the turnaround plan shall include measurable annual goals based on relevant |
28 | indicators of operational excellence and state accountability measures, including, but not limited |
29 | to, the following: |
30 | (A) Student attendance and suspension rates; |
31 | (B) Student safety and discipline; |
32 | (C) Student promotion, graduation and dropout rates; |
33 | (D) Student achievement on the Rhode Island comprehensive assessment system; |
34 | (E) Progress in areas of academic underperformance; |
| LC005684 - Page 19 of 27 |
1 | (F) Progress among subgroups of students, including low-income students, English |
2 | learners and students receiving special education; |
3 | (G) Reduction of achievement gaps among different groups of students; |
4 | (H) Student acquisition and mastery of twenty-first century skills; |
5 | (I) Development of college readiness, including at the elementary and middle school levels; |
6 | (J) Parent and family engagement; |
7 | (K) Building a culture of academic success among students; |
8 | (L) Building a culture of student support and success among faculty and staff; |
9 | (M) Recruitment and retention of a qualified, diverse workforce; |
10 | (N) Staffing ratios and teacher vacancies; |
11 | (O) Health and safety of facilities; and |
12 | (P) Developmentally appropriate child assessments, if applicable. |
13 | Annual goals included in the turnaround plan shall align with summative turnaround goals |
14 | articulated in the turnaround plan. |
15 | (5)(i) Notwithstanding any general or special law to the contrary, in creating the turnaround |
16 | plan under subsection (c)(4)(i) of this section, the commissioner and the overseer may, after |
17 | considering the recommendations of the group of stakeholders: |
18 | (A) Expand, alter or replace the curriculum and program offerings of the district or of a |
19 | school in the district, including the implementation of research-based early literacy programs, early |
20 | interventions for struggling readers and the teaching of advanced placement courses or other |
21 | rigorous nationally or internationally recognized courses, if the district or schools in the district do |
22 | not already have such programs or courses; |
23 | (B) Reallocate the uses of the existing budget of the district; |
24 | (C) Provide funds, subject to appropriation, to increase the salary of an administrator, or |
25 | teacher in the district working in an underperforming or chronically underperforming school, in |
26 | order to attract or retain highly-qualified administrators, or teachers or to reward administrators or |
27 | teachers who work in chronically underperforming districts that achieve the annual goals set forth |
28 | in the turnaround plan; |
29 | (D) Recommend expanding the school day or school year or both of schools in the district; |
30 | (E) Add pre-kindergarten, if the district does not already have the classes; |
31 | (F) Limit, suspend or change one or more school district policies or practices, as such |
32 | policies or practices relate to the underperforming schools in the district; |
33 | (G) Include a provision of job-embedded professional development for teachers in the |
34 | district, with an emphasis on strategies that involve teacher input and feedback; |
| LC005684 - Page 20 of 27 |
1 | (H) Provide for increased opportunities for teacher planning time and collaboration focused |
2 | on improving student instruction; |
3 | (I) Establish a plan for professional development for administrators in the district, with an |
4 | emphasis on strategies that develop leadership skills and use the principles of distributive |
5 | leadership; |
6 | (J) Establish steps to assure a continuum of high expertise teachers by aligning the |
7 | following processes with the common core of professional knowledge and skill: hiring, induction, |
8 | teacher evaluation, professional development, teacher advancement, school culture and |
9 | organizational structure; |
10 | (K) Develop a strategy to search for and study best practices in areas of demonstrated |
11 | deficiency in the district; |
12 | (L) Establish strategies to address mobility and transiency among the student population of |
13 | the district; and |
14 | (M) Include additional components, at the discretion of the commissioner and the overseer, |
15 | based on the reasons the district was designated as chronically underperforming and based on the |
16 | recommendations of the local stakeholder group in subsection (c)(4)(ii) of this section. |
17 | (ii) For a district with English learners, the professional development and planning time for |
18 | teachers and administrators shall include specific strategies and content designed to maximize the |
19 | rapid academic achievement of English learners in the district. |
20 | (6)(i) The turnaround plan shall be authorized for a period of not more than three (3) years. |
21 | The commissioner and overseer may jointly develop additional components of the plan and shall |
22 | jointly develop annual goals for each component of the plan in a manner consistent with subsections |
23 | (c)(4)(i) through (c)(4)(iv) of this section. The overseer shall be responsible for meeting the goals |
24 | of the turnaround plan. |
25 | (ii) The commissioner and overseer shall provide a written report to the school committee, |
26 | at a minimum, on a quarterly basis to provide specific information about the progress being made |
27 | on the implementation of the district's turnaround plan. One of the quarterly reports shall be the |
28 | annual evaluation required in subsection (c)(6)(iii) of this section. |
29 | (iii) The council shall evaluate the performance of the overseer on not less than an annual |
30 | basis. The purpose of such evaluation shall be to assess the implementation of the turnaround plan |
31 | and determine whether the district has met the annual goals contained in the turnaround plan. The |
32 | evaluation shall be in writing and submitted to the school committee no later than July 1 for the |
33 | preceding school year. |
34 | (iv) If the council determines that the district has met the annual performance goals stated |
| LC005684 - Page 21 of 27 |
1 | in the turnaround plan, the evaluation shall be considered sufficient and the implementation of the |
2 | turnaround plan shall continue. |
3 | (v) If the council determines that the overseer has not met one or more goals in the plan |
4 | and the failure to meet the goals may be corrected through reasonable modification of the plan, the |
5 | council may authorize the commissioner to amend the turnaround plan, as necessary. After |
6 | assessing the implementation of the turnaround plan in the district, the commissioner may amend |
7 | the plan, in consultation with the school committee, if the commissioner determines that the |
8 | amendment is necessary in view of subsequent changes in the district that affect one or more |
9 | components of the plan, including, but not limited to, changes to school district policies, in a manner |
10 | consistent with the provisions of subsection (c)(4)(i) through (c)(4)(iv) of this section. If the |
11 | commissioner determines that the overseer has substantially failed to meet multiple goals in the |
12 | turnaround plan, the commissioner may terminate such overseer; provided, however, that the |
13 | termination shall not occur before the completion of the first full school year of the overseer control |
14 | of the district. |
15 | (7)(i) After the period of overseer control, there shall be a reevaluation of a district's status |
16 | under this section. The council on elementary and secondary education shall adopt regulations |
17 | providing for: |
18 | (A) The removal of a designation of a district as chronically underperforming; and |
19 | (B) The transfer of the operation of a chronically underperforming district from an external |
20 | overseer to the superintendent and school committee, based on the improvement of the district. |
21 | The regulations shall include provisions to allow a district to retain measures adopted in a |
22 | turnaround plan for a transitional period if, in the judgment of the commissioner, the measures |
23 | would contribute to the continued improvement of the district. Such regulations shall also include |
24 | provisions that clearly identify the conditions under which such a transitional period shall end and |
25 | the powers granted to the commissioner, board of trustees, and council under this section shall |
26 | cease to apply to a district previously designated as chronically underperforming. At any time after |
27 | a chronically underperforming district has been placed in control of an overseer, the school |
28 | committee of the district may petition the commissioner for a determination as to whether the |
29 | turnaround plan adopted under subsection (b) of this section should be modified or eliminated and |
30 | whether the school district shall no longer be designated as chronically underperforming. The |
31 | decision of the commissioner shall be based on regulations adopted by the council. A school |
32 | committee may seek review by the council on elementary and secondary education of an adverse |
33 | determination. |
34 | (ii) If, on the basis of the regulations adopted by the council pursuant to subsection (c)(7)(i) |
| LC005684 - Page 22 of 27 |
1 | of this section, a district has not improved sufficiently to remove the designation of the district as |
2 | chronically underperforming, the commissioner may: |
3 | (A) Jointly determine subsequent annual goals for each component of the turnaround plan |
4 | with the overseer and, with approval from the school committee, renew the turnaround plan for an |
5 | additional period of not more than three (3) years; or |
6 | (B) Create a new turnaround plan, consistent with the requirements of this section. |
7 | (8) If a municipality has failed to fulfill its fiscal responsibilities pursuant to chapter 7 of |
8 | title 16, the commissioner may declare the school district as chronically underperforming, subject |
9 | to the approval of the council. The municipality's mayor or city council president shall have the |
10 | opportunity to present evidence to the council. A vote by the council that a school district is |
11 | chronically underperforming for fiscal reasons shall authorize the commissioner to petition the |
12 | director of the department of revenue to require an increase in funds for the school district, alleging |
13 | that the amount necessary in the municipality for the support of public schools has not been |
14 | included in the annual budget appropriations. The director of the department of revenue shall |
15 | determine the amount of any deficiency pursuant to the sums required pursuant to chapter 7 of title |
16 | 16, if any, and issue an order compelling the municipality to provide a sum of money equal to such |
17 | deficiency. If the municipality does not provide a sum of money equal to such deficiency, the |
18 | director of the department of revenue shall not approve the tax rate of the municipality for the fiscal |
19 | year until the deficiency is alleviated. Nothing in this subsection shall be construed as creating a |
20 | cause of action for educational malpractice by students or their parents, guardians or persons acting |
21 | as parents. |
22 | (9) If a school district is under the council's control as a result of actions taken by the |
23 | council pursuant to this section, the school committee and/or municipality shall be responsible for |
24 | funding its local share pursuant to chapter 7.2 of title 16, and any increased funding appropriated |
25 | at the request of the overseer and/or commissioner for the purpose of achieving goals set forth in |
26 | the turnaround plan shall be funded in a manner consistent with chapter 7.2 of title 16. |
27 | 16-7.1-5.2. Intervention and support for the Providence public school district. |
28 | (a) No later than September 1, 2022, and in order to assess the district across multiple |
29 | measures of district performance and student success, the commissioner shall update the turnaround |
30 | plan released June 23, 2020, to include measurable annual goals including, but not limited to, the |
31 | following: |
32 | (1) Student attendance and suspension rates; |
33 | (2) Student safety and discipline; |
34 | (3) Student promotion, graduation and dropout rates; |
| LC005684 - Page 23 of 27 |
1 | (4) Student achievement on the Rhode Island comprehensive assessment system; |
2 | (5) Progress in areas of academic underperformance; |
3 | (6) Progress among subgroups of students, including low-income students, English learners |
4 | and students receiving special education; |
5 | (7) Reduction of achievement gaps among different groups of students; |
6 | (8) Student acquisition and mastery of twenty-first century skills; |
7 | (9) Development of college readiness, including at the elementary and middle school |
8 | levels; |
9 | (10) Parent and family engagement; |
10 | (11) Building a culture of academic success among students; |
11 | (12) Building a culture of student support and success among faculty and staff; |
12 | (13) Recruitment and retention of a qualified, diverse workforce; |
13 | (14) Staffing ratios and teacher vacancies; |
14 | (15) Health and safety of facilities; and |
15 | (16) Developmentally appropriate child assessments, if applicable. |
16 | (b)(1) For the duration of the turnaround and no later than thirty (30) days from the effective |
17 | date of this section, there shall be appointed a board of trustees, comprised of nine (9) members, |
18 | one of whom shall be a member of the Providence school board, appointed by the school board |
19 | president; one of whom shall be a member of the Providence teachers' union, appointed by the |
20 | union president; one of whom shall be a member of the Providence parent advisory council |
21 | leadership team, appointed from among the members of the leadership team; one of whom shall be |
22 | a member of the Providence student union leadership team, appointed from among that leadership |
23 | team; one of whom shall be a Providence school principal or assistant principal, appointed by the |
24 | local superintendent; two (2) of whom shall be parents of children enrolled in Providence schools, |
25 | appointed by the council on elementary and secondary education; and two (2) public members who |
26 | must be residents of Providence, appointed by the council on elementary and secondary education. |
27 | (2) The board of trustees shall meet at least monthly, and more frequently if necessary, and |
28 | serve without compensation. The board of trustees shall have the following powers and duties: |
29 | (i) To review and approve the appointment of senior school district administrators; |
30 | (ii) To set district-wide policy; |
31 | (iii) To review progress toward annual performance measures; |
32 | (iv) To receive feedback from stakeholders on the implementation of the turnaround plan; |
33 | (v) To establish appropriate advisory committees as needed to provide guidance on the |
34 | implementation of the turnaround plan; and |
| LC005684 - Page 24 of 27 |
1 | (vi) Any other duties delegated by the commissioner or council on elementary and |
2 | secondary education. |
3 | (c)(1) The order of reconstitution and control, issued October 15, 2019, shall be authorized |
4 | for a period of not more than three (3) years from issuance. The commissioner and turnaround |
5 | superintendent may jointly develop additional components of the turnaround plan and shall jointly |
6 | develop annual goals for each component of the plan in a manner consistent with this section. The |
7 | superintendent shall be responsible for meeting the goals of the turnaround plan. |
8 | (2) The commissioner and superintendent shall provide a written report to the board of |
9 | trustees at a minimum, on a quarterly basis to provide specific information about the progress being |
10 | made on the implementation of the district's turnaround plan. One of the quarterly reports shall |
11 | include progress toward annual measures, pursuant to this section. |
12 | (3) The commissioner shall evaluate the performance of the superintendent on not less than |
13 | an annual basis. The purpose of such evaluation shall be to assess the implementation of the |
14 | turnaround plan and determine whether the district has met the annual goals contained in the |
15 | turnaround plan. The evaluation shall be in writing and submitted to the council and the board of |
16 | trustees no later than July 1 for the preceding school year. |
17 | (4) If the commissioner determines that the district has met the annual performance goals |
18 | stated in the turnaround plan, the evaluation shall be considered sufficient and the implementation |
19 | of the turnaround plan shall continue. |
20 | (5) If the commissioner determines that the superintendent has not met one or more goals |
21 | in the plan and the failure to meet the goals may be corrected through reasonable modification of |
22 | the plan, the commissioner may amend the turnaround plan, with approval of the board of trustees. |
23 | If the commissioner determines that the superintendent has substantially failed to meet multiple |
24 | goals in the turnaround plan, the commissioner may terminate such superintendent. |
25 | (d)(1) After the period of turnaround, there shall be a reevaluation of the district's status |
26 | under this section. The council on elementary and secondary education shall adopt regulations |
27 | providing for: |
28 | (i) The end of turnaround status; and |
29 | (ii) The transfer of the operation of the school district from the Rhode Island department |
30 | of education to the school committee and municipal control. |
31 | The regulations shall include provisions to allow a district to retain measures adopted in a |
32 | turnaround plan for a transitional period if, in the judgment of the commissioner, the measures |
33 | would contribute to the continued improvement of the district. Such regulations shall also include |
34 | provisions that clearly identify the conditions under which such a transitional period shall end and |
| LC005684 - Page 25 of 27 |
1 | the powers granted to the commissioner, board of trustees, and council under this section shall |
2 | cease to apply to the district. |
3 | (2) If, on the basis of the regulations adopted by the council pursuant to subsection (d)(1) |
4 | of this section, a district has not improved sufficiently to remove the district from turnaround status, |
5 | the commissioner may: |
6 | (i) Jointly determine subsequent annual goals for each component of the turnaround plan |
7 | with the overseer and, with approval from the board of trustees, renew the turnaround plan for an |
8 | additional period of not more than three (3) years; or |
9 | (ii) Create a new turnaround plan, consistent with the requirements of this section. |
10 | SECTION 3. This act shall take effect upon passage. |
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LC005684 | |
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| LC005684 - Page 26 of 27 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO EDUCATION -- THE PAUL W. CROWLEY RHODE ISLAND STUDENT | |
INVESTMENT INITIATIVE | |
*** | |
1 | This act would revise the process and procedures for state intervention and support for |
2 | failing public schools, including Providence, as well as chronically underperforming schools. |
3 | This act would take effect upon passage. |
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LC005684 | |
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| LC005684 - Page 27 of 27 |