200-RICR — Board of Education

Chapter 10 Board of Education

Subchapter 00

200-RICR-10-00-1 Regulations for Dual Enrollment

200-RICR-10-00-1 § 1.1 Introduction and Authority

A.These Regulations for Dual Enrollment are promulgated pursuant to authority conferred under R.I. Gen. Laws § 16-100-3(a) and are established for the purpose of adopting a statewide dual enrollment policy that allows students to enroll in public postsecondary education courses to satisfy academic coursework requirements in high school and earn credits at a public postsecondary institution. These regulations are intended to expand student access to postsecondary coursework and are not intended to preempt existing agreements or to prevent future agreements between Local Education Agencies (LEAs) and Rhode Island’s public postsecondary institutions.

B.In accordance with R.I. Gen. Laws § 16-100-3(b), a workgroup was convened to consider a dual enrollment policy and provide advice to the Board of Education. The workgroup’s findings included the beliefs that a dual enrollment policy would accomplish the following:

1.Expand early college access for all qualified Rhode Island students, particularly traditionally underrepresented students.

2.Maximize the recognition of rigorous postsecondary coursework for purposes of meeting high school graduation requirements.

3.Reduce the amount of time and expense required to obtain a college degree.

4.Promote the partnership between elementary and secondary education and public postsecondary institutions.

C.These regulations are therefore adopted to fulfill the purpose of R.I. Gen. Laws § 16-100-3 and the objectives envisioned by the workgroup.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-07-22 to 01/04/2022
• Adoption — effective from 2015-05-18 to 07/22/2018

200-RICR-10-00-1 § 1.2 Definitions

A.Wherever used in this Part, the terms listed below shall be construed as follows:

1.“Career development course” means a postsecondary course that assists students in preparing for employment.

2.“College success course” means a postsecondary course that assists in a student’s transition to college by offering instruction and strategies for success in college and life-long learning.

3.“Dual enrollment” means that a student is enrolled in a secondary school while simultaneously enrolled part-time or full-time as a non-matriculating student at a postsecondary institution, such as a community college, college or university.

4.“Concurrent enrollment” means a student is enrolled in a dual enrollment course that is offered at the secondary school and taught by a secondary school teacher who is approved by the postsecondary institutions.

5.“Graduation coursework requirements” means the coursework requirements set forth in § 20-10-2.3.1 of this Title (Secondary Design: Middle and High School Learning Environments and the Rhode Island Diploma System).

6.“Secondary schools” means schools in all Rhode Island school districts, charter public schools, career and technical centers, approved private day and residential schools, and collaborative schools granted the authority by the Rhode Island Department of Elementary and Secondary Education ("RIDE") to offer a high school diploma.

7.“Specific course equivalencies” means courses offered by a postsecondary educational institution that can be transferred to another postsecondary institution for approved credit.

8.“Postsecondary institution” means all Rhode Island public institutions of higher education.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-07-22 to 01/04/2022
• Adoption — effective from 2015-05-18 to 07/22/2018

200-RICR-10-00-1 § 1.3 Dual Enrollment

1.3.1Academic

A.Students enrolled in Rhode Island secondary schools shall be allowed to enroll in postsecondary education courses to satisfy academic coursework requirements in the secondary school and earn credits at public postsecondary institutions.

B.Dual and concurrent enrollment coursework shall include

1.General education courses, elective courses, and specific course equivalencies;

2.Career and technical education (vocational training) courses; and

3.College-success and career-development courses.

C.Dual enrollment courses shall have the same educational outcomes and academic policies as other courses taught at the postsecondary institution.

D.Concurrent enrollment courses shall have the same educational outcomes as their counterpart postsecondary courses.

E.To be approved by the Board of Education as a concurrent enrollment course, the institution of higher education shall demonstrate that the course meets the requirements defined in §§ 1.3.1(A) through (D) of this Part.

F. The grade and credits earned in a dual or concurrent enrollment course shall be recorded on a postsecondary transcript. The transferability of credits is determined in accordance with Postsecondary Council transfer and articulation policy.

G.Dual enrollment courses shall count toward a student’s secondary school coursework graduation requirements if the student complies with the postsecondary institution’s grading, attendance, and behavioral polices and successfully completes the course. Concurrent enrollment courses shall count toward the student’s high school coursework graduation requirements if the student, pursuant to the secondary school’s grading, behavioral, and attendance policies, successfully completes the course. The secondary school may give a dual or concurrent enrollment course extra weight in calculating a high school grade point average (GPA). Generally, a three or four credit college course shall be equivalent to one credit of high school course work.

H. Full-time dual enrolled students must enroll at the community college. The commissioner of postsecondary education may provide a waiver to a student to enroll at Rhode Island College or the University of Rhode Island. The Office of the Postsecondary Commissioner (OPC) shall establish procedures related to the waiver process.

1.3.2Instructors

A.Postsecondary instructors of dual and concurrent enrollment courses shall ensure that these courses have the same educational outcomes as their corresponding postsecondary courses.

B.Instructors of concurrent enrollment courses at the secondary public school shall be approved by the postsecondary credit-granting institution and possess similar qualifications as instructors teaching the corresponding course at the postsecondary institution. Secondary school teachers shall hold the certification required by the Council for Elementary and Secondary Education for the course that is being taught.

C.The postsecondary institution shall assign staff to coordinate and oversee the selection and delivery of dual and concurrent enrollment courses in partnership with K-12 stakeholders such as school superintendents, high school principals, and counselors.

D.The postsecondary institution shall provide the appropriate orientation to instructors of dual enrollment courses.

E.Public secondary school teachers shall be evaluated by their employer pursuant to the educator evaluation system approved by the RIDE and in accordance with Rhode Island law and applicable regulations.

1.3.3Costs

A.Dual enrollment and concurrent enrollment course costs will vary by course and delivery method. Concurrent enrollment course offerings and course costs shall be annually established by postsecondary institutions and approved by the Board of Education. Qualified secondary students shall have access to each postsecondary institution’s full course catalog through dual enrollment. Dual enrollment coursework is subject to each respective institution’s scheduling policy. In the event that funding is dedicated to support dual enrollment partnerships for all qualified public high school students, the postsecondary commissioner will allocate funding within the parameters established by a memorandum of understanding between the Office of the Postsecondary Commissioner and the public institutions of higher education. If program participation outpaces dedicated funding, the postsecondary commissioner will determine, at their discretion, how to allocate available funding to postsecondary institutions. The approach of the postsecondary commissioner will take into account program costs, program outcomes and other factors. Funding limitations may change institutional policies as to the courses offered but that access will not otherwise be limited.

B.LEAs shall support the cost of students who enroll in the full-time dual enrollment program at the community college as a part of their high school experience. LEA support shall be based on the higher education institution’s tuition and mandatory fee rates and will not exceed fifty percent (50%) of the core instructional per pupil amount of state and local education aid as determined by RIDE, not to exceed the cost of full-time enrollment at the institution. LEAs shall remit the tuition and fees to the Office of the Postsecondary Commissioner upon notice.

C.No low-income student, as defined by the RIDE, shall be denied access to dual or concurrent enrollment coursework on their inability to pay course related tuition and fees.

D.Part-time dual enrolled students funded by state funding will be ineligible to enroll in physical education courses at an institution of higher education

1.3.4Student Eligibility Criteria

A.Secondary school students may take dual and concurrent enrollment coursework upon the approval of their principal, director or head of school, in accordance with local enrollment criteria. The criteria shall be based on the student’s academic, behavioral, and attendance record and, if applicable, the student’s results on an ACT, SAT, ACCUPLACER, PSAT, EXPLORE or state standardized assessments. Student age will not be a determiner of enrollment. Postsecondary institutions shall establish eligibility criteria and, if applicable, assessment standards to determine college readiness.

B.In the case of career and technical education dual and concurrent enrollment coursework, secondary school students must meet the course-specific eligibility requirements.

C.Secondary school students shall not be denied access to dual and concurrent enrollment coursework provided they meet the local enrollment criteria and there is space available in the course.

D.Students with disabilities or students who are English Language Learners shall receive the protections, services and accommodations as prescribed by federal and state law in accordance with the policies and procedures of the postsecondary institution in the case of dual enrollment or the secondary school in the case of concurrent enrollment.

1.3.5Student Supports

A.Local school committees shall adopt a dual and concurrent enrollment policy and provide students and their families with information about dual and concurrent enrollment coursework requirements and the potential benefits and consequences of dual and concurrent enrollment prior to approving a request for dual and concurrent enrollment. RIDE will provide this consolidated information to LEAs to ease dissemination. This information shall include, but not be limited to:

1.Student eligibility criteria;

2.Conditions warranting removal from enrollment;

3.The requirements of the dual and concurrent enrollment course and the consequences of failing or not completing a course, including the effect on the student's ability to complete the secondary school's proficiency-based graduation requirements;

4.The process for granting dual and concurrent enrollment academic credit at both the postsecondary institution and the secondary school;

5.The benefits to the student of successfully completing a dual or concurrent enrollment course, including the potential reduction of the overall cost of, and the amount of time required, for obtaining a college degree;

6.Available educational support services at the secondary school and the postsecondary institution;

7.The student’s academic, attendance and conduct responsibilities;

8.Scheduling and transportation, which shall be the student’s and/or family’s responsibility, for dual enrollment coursework at a postsecondary institution; and

9.A fact sheet generated by the postsecondary institution detailing requirements outlined in § 1.3.5(B) of this Part.

B.Rhode Island public postsecondary institutions must provide information to secondary school counselors, school leaders and other designated secondary school personnel about the concurrent and dual enrollment coursework program including, but not limited to, course content, grading policies, attendance requirements, course completion requirements, performance standards, graduation requirements and the ability to award degrees/certificates in Rhode Island (if applicable).

C.Secondary school students taking a dual enrollment course at the postsecondary institution shall have access to the same educational support services that are available to students enrolled at the postsecondary institution.

D.The parent and LEA shall determine how to approach any courses offered by public postsecondary institutions that are not on the list of available courses or are provided by private postsecondary institutions.

1.3.6Information Access and Management

A.The Office of the Postsecondary Commissioner shall annually obtain information from Rhode Island postsecondary institutions about possible dual and concurrent enrollment courses and provide to the Department of Elementary and Secondary Education a list of available concurrent enrollment courses that may be taught at secondary schools by qualified instructors.

B.Each year, the Rhode Island Department of Elementary and Secondary Education (RIDE) and the Office of Postsecondary Commissioner will enter into a mutually agreed upon memorandum of agreement no later than December 1st detailing the catalog of concurrent enrollment courses and the costs for each respective course.

C.Secondary schools shall provide all students and their families with the available course and program information at the time of course selection for the subsequent school year.

D.The Office of the Postsecondary Commissioner, the Department of Elementary and Secondary Education (RIDE), and the postsecondary institutions shall enter into an agreement determining business practices and data sharing. The agreement shall include, but is not limited to, deadlines for reporting, data sharing, and invoicing. The agreement may be revised on an annual basis as needed.

E.Information about the concurrent and dual enrollment courses available at public postsecondary institutions will be published on the RIDE website.

1.3.7Reporting

A.The Office of the Postsecondary Commissioner and the Department of Elementary and Secondary Education (RIDE) shall establish data reporting requirements for Rhode Island public postsecondary institutions and secondary schools, respectively. The reported data from Rhode Island’s postsecondary institutions and secondary school shall form the basis of an annual joint report by the Office of the Postsecondary Commissioner and the Department of Elementary and Secondary Education (RIDE) to the legislature.

B.The joint report shall include, but not be limited to:

1.The number of secondary school students participating in dual and concurrent enrollment programs;

2.Participant demographics;

3.Credits earned at each of the postsecondary institutions; and

4.The number of high school instructors, by course and by affiliated postsecondary institution, teaching concurrent enrollment courses.

1.3.8Program Quality

A. The secondary schools, the public postsecondary education institutions, the Department of Elementary and Secondary Education (RIDE) and the Office of the Postsecondary Commissioner will work collaboratively to ensure the quality of the Rhode Island dual enrollment program.

B. To provide a realistic college experience and to maintain academic rigor, concurrent enrollment courses must duplicate the identical course offering delivered on-campus to matriculated students.

C. The public institutions of higher education are encouraged, but not required, to seek and obtain accredited status by the National Alliance on Concurrent Enrollment Partnerships (NACEP). However, the postsecondary institutions are required to adopt and adhere to current NACEP Standards (http://www.nacep.org/accreditation/standards/).

D. Every three (3) years the Office of the Postsecondary Commissioner (with input from the RIDE) may request a self-study of institutional policies and practices regarding dual and concurrent enrollment based on NACEP standards and may conduct a site visit to confirm compliance with NACEP standards and quality programming.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-07-22 to 01/04/2022
• Adoption — effective from 2015-05-18 to 07/22/2018

Chapter 20 Council on Elementary and Secondary Education

Subchapter 05 General and School Operations

200-RICR-20-05-2 Charter School Regulations

200-RICR-20-05-2 § 2.1 Preamble

A.Purpose: The purpose of these Regulations is to provide uniform rules for the establishment, operation, and oversight of charter schools in Rhode Island so that these schools will provide high-performing educational opportunities to public school students and develop innovative educational practices that can be shared with other public schools.

B.Authority: These Regulations are promulgated under the authority of R.I. Gen. Laws §§ 16-77-3.1(e); 16-77.2-3(a); 16-77.2-3(f); 16-77.2-5(c); 16-77.3-3(a); 16-77.3-3(d); 16-77.3-5(c); 16-77.4-3(a); 16-77.4-3(d); and 16-77.4-5(c).

History

• Amendment — effective from 2026-07-22 to current
• Periodic Refile — effective from 2022-01-04 to 07/22/2026
• Technical Revision — effective from 2011-04-20 to 01/04/2022
• Technical Revision — effective from 2011-04-20 to 04/20/2011
• Adoption — effective from 2011-04-20 to 04/20/2011

200-RICR-20-05-2 § 2.2 Establishment of Charter Schools

2.2.1Charter Application Process

A.Proposed charters shall be submitted to the Commissioner of Elementary and Secondary Education (“the Commissioner”) no later than December 1st of the school year before the school year in which the charter school is to be established.

B.District charter school applicants must also submit a copy of the proposed charter to the school committee of the district where the district charter school is to be established no later than December 1st of the school year before the school year in which the charter school is to be established.

2.2.2Content of Proposed Charter

A.In the case of a proposed district charter school, the proposed charter submitted to the Commissioner shall include all the material required by R.I. Gen. Laws § 16-77.2-2.

B.In the case of a proposed independent charter school, the proposed charter submitted to the Commissioner shall include all the material required by R.I. Gen. Laws § 16-77.3-2.

C.In the case of a proposed mayoral academy, the proposed charter submitted to the Commissioner shall include all the material required by R.I. Gen. Laws § 16- 77.4-2.

D.All proposed charters shall also include:

1.Evidence of need and community support for the proposed public charter school;

2.The school’s plans for identifying and successfully serving students with disabilities, students who are English language learners, students who are academically behind, and gifted students, including but not limited to compliance with applicable laws and regulations;

3.A detailed school start-up plan, identifying tasks, timelines and responsible individuals; and

4.Explanations of any partnerships or contractual relationships central to the school’s operations or mission.

E.In the case of a proposed public charter school that intends to contract with an education service provider for substantial educational services, management services, or both types of services, the proposed charter shall also include:

1.Evidence of the education service provider’s success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of non- academic school functions if applicable;

2.A term sheet setting forth the proposed duration of the service contract; roles and responsibilities of the governing board, the school staff, and the service provider; scope of services and resources to be provided by the service provider; performance evaluation measures and timelines; compensation structure, including clear identification of all fees to be paid to the service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract; and

3.A description of any existing or potential conflicts of interest between the school governing board and proposed service provider or any affiliated business entities.

2.2.3Review Process

A.In the case of a proposed district charter school, the proposed charter shall be considered through the process required by R.I. Gen. Laws § 16-77.2-3.

B.In the case of a proposed independent charter school, the proposed charter shall be considered through the process required by R.I. Gen. Laws § 16-77.3-3.

C.In the case of a mayoral academy, the proposed charter shall be considered through the process required by R.I. Gen. Laws § 16-77.4-3.

D.Throughout this process, the Commissioner may be assisted in his or her duties by review panels composed of individuals appointed by the Commissioner. Members of these panels may review applications, but the reviewers' role shall be solely advisory.

E.Throughout the review process, the Commissioner or the school committee of the district where a district charter school is to be located may, at any time, determine a proposed charter to have unsatisfactorily met guidelines and thus be unsuitable for further review. The rationale for this determination shall be submitted in writing to the applicant and made publicly available.

2.2.4Approval by the Council on Elementary and Secondary Education

A.After completion of all statutory and regulatory requirements, the Commissioner will submit the proposed charter to the Council on Elementary and Secondary Education (“the Council”) for consideration. The Commissioner may recommend the Council to grant or deny the charter, or to remand the charter for further consideration. The Council will, in accordance with its regulations, allow comment from interested parties on the approval of the charter.

B.Approved applicants shall be granted a preliminary charter. Receipt of this preliminary charter does not imply that the school is prepared to operate or that the Council will grant a final charter to the applicant. Authorization to operate requires final approval by the Council based on the recommendation of the Commissioner. To obtain final approval, applicants shall satisfactorily complete the following tasks:

1.The entity operating a charter school shall have articles of incorporation filed and approved by the Rhode Island Office of the Secretary of State.

2.All applicants must have their project’s business plan, financial management procedures, and other relevant financial information reviewed by the Rhode Island Office of the Auditor General.

3.The school shall have an established governance structure (i.e. board of trustees, board of directors, etc.) to provide proper governance and oversight of school operations.

4.The school must have in place a qualified chief administrator (i.e. Head of School, Executive Director, Chief Executive Officer) to oversee day-to-day operations.

5.The school must have a staffing plan designed to put in place a faculty that clearly meets student need and is consistent with the school’s program design.

6.The school must present sufficient evidence that fifty percent (50%) of its first-year enrollment is willing to enroll if the school opens the following school year.

7.The school must have identified an appropriate building (permanent or temporary) for operating the school.

8.The school must develop a final charter. If the school is an independent or mayoral academy, this document shall confer the authority to operate as a local education agency. If the school is an in-district charter, this document shall confer the authority to operate as a public school. These documents shall include:

a.In the case of a proposed district charter school, all material required by R.I. Gen. Laws § 16-77.2-2. In the case of a proposed independent charter school, all material required by R.I. Gen. Laws § 16-77.3-2. In the case of a proposed mayoral academy, all material required by R.I. Gen. Laws § 16-77.4-2;

b.An accountability plan, which shall include:

(1)Student academic performance goals developed by the Commissioner that together shall set valid, reliable, and rigorous minimum expectations for the quality of a charter school’s educational program;

(2)Student academic performance goals developed by the charter school as necessary to measure the school’s progress in achieving its mission, provided that such goals are valid, reliable, rigorous, reproducible, and do not provide similar information as the goals developed in accordance with § 2.2.4(B)(8)(b)(1) of this Part;

(3)If the charter school is a charter high school, then the school shall provide an academic performance goal that sets a rigorous, minimum expectation for the post-secondary readiness of its students, provided that this goal is valid, reliable, rigorous, reproducible, and does not provide similar information as the goals developed in accordance with § 2.2.4(B)(8)(b)(1) of this Part;

(4)Organizational performance goals developed by the Commissioner that set reasonable, minimum expectations for charter schools’ financial performance and sustainability, student and teacher attrition, and parent and student satisfaction; and

(5)Organizational performance goals developed by the charter school as necessary to measure the school’s progress in achieving its mission, provided that such goals are valid, reliable, rigorous, reproducible, and do not provide similar information as the goals developed in accordance with § 2.2.4(B)(8)(b)(4) of this Part;

c.The Council’s obligations to the school as its public chartering agency;

d.An assurance that the school shall comply with all state and federally mandated academic performance requirements;

e.An assurance that the school shall create and sustain high quality learning environments that meet the standards set forth in the Board of Regent’s Basic Education Program Regulations (); and

f.An assurance that the school shall improve academic achievement as defined by the academic goals established in § 2.2.4(B)(8)(b) of this Part for increasing academic achievement for all groups of students in which the number of students in a category is sufficient to yield statistically valid information, including:

(1)Economically disadvantaged students,

(2)Students from major racial and ethnic groups,

(3)Students with disabilities, and

(4)Students with limited English proficiency.

g.If the school elects to contract with a comprehensive service or management provider, the school shall execute a Commissioner- approved agreement that has been developed in accordance with the requirements in § 2.8 of this Part.

C.Upon successful completion of the tasks or with adequate written assurance that all tasks will be met prior to the opening of the school, the Commissioner may recommend the final Charter for approval by the Council no later than July 31st of the school year before the school year in which the charter school is to be established.

History

• Amendment — effective from 2026-07-22 to current
• Periodic Refile — effective from 2022-01-04 to 07/22/2026
• Technical Revision — effective from 2011-04-20 to 01/04/2022
• Technical Revision — effective from 2011-04-20 to 04/20/2011
• Adoption — effective from 2011-04-20 to 04/20/2011

200-RICR-20-05-2 § 2.3 Charter Amendment Process

2.3.1Charter Amendment Process

A.If a charter school plans to make a major change in its operations, the school’s governing board shall submit in writing to the Council a request to amend the school’s charter. The Council shall act in public session whenever a major change is made to a charter. Major changes are defined as those changes that fundamentally affect a school’s mission, organizational structure, or educational program, and may include converting from one type of charter school to another type, i.e., converting from a mayoral academy or district charter school to an independent charter school.

B.If the charter school plans to make a minor change in its operations, the school’s Board shall submit in writing to the Commissioner a request to make a minor amendment to the school’s charter. A minor amendment shall become effective fourteen (14) business days following the receipt of the request by the Commissioner unless the Commissioner notifies the charter operator in writing that the proposed amendment has been denied. The Commissioner shall state the reason for the denial. The Commissioner shall only deny amendments that are contrary to state or federal law or regulations that contravene the written policies of the Council, or that entail any financial or other conflicts of interest. Minor changes are defined as changes that do not fundamentally alter a charter school’s organizational structure or educational program, and which comport with applicable statutes and which otherwise are in substantial compliance with Council regulations.

History

• Amendment — effective from 2026-07-22 to current
• Periodic Refile — effective from 2022-01-04 to 07/22/2026
• Technical Revision — effective from 2011-04-20 to 01/04/2022
• Technical Revision — effective from 2011-04-20 to 04/20/2011
• Adoption — effective from 2011-04-20 to 04/20/2011

200-RICR-20-05-2 § 2.4 Ongoing Oversight

2.4.1Process for Commissioner Evaluation of a Charter

A.Once a charter has been granted and the charter School begins operations, the Commissioner, in the exercise of the Commissioner’s visitorial authority, shall conduct such reasonable evaluations of the operation of a Charter as may be needed to ensure that the charter school is operating effectively. The Commissioner or designated staff may visit the charter school at all reasonable times and require such reports from the charter school as may be needed to evaluate the school’s operation. School management and staff shall meet with the Commissioner or the Commissioner’s designees at reasonable times to present information about the operation of the charter school.

2.4.2Annual Reporting

A.Annually, on a schedule to be established by the Commissioner, the governing board of a charter school shall prepare an annual report that details its progress in meeting the academic and organizational performance goals identified in its charter.

History

• Amendment — effective from 2026-07-22 to current
• Periodic Refile — effective from 2022-01-04 to 07/22/2026
• Technical Revision — effective from 2011-04-20 to 01/04/2022
• Technical Revision — effective from 2011-04-20 to 04/20/2011
• Adoption — effective from 2011-04-20 to 04/20/2011

200-RICR-20-05-2 § 2.5 Charter Revocation and Expiration

2.5.1Good Cause

A.With the advice and consent of the Council, the Commissioner shall have authority to institute charter revocation proceedings. Before requesting authority to institute revocation procedures, the Commissioner, when student and the public welfare permits, shall notify the charter school in writing specifying the facts and issues which may justify charter revocation and shall discuss with the charter school the deficiencies at issue and allow the charter school to attain compliance within a reasonable length of time. Charters may be revoked at any time for good cause as specified in R.I. Gen. Laws §§ 16-77.2-4, 16-77.3-4, and 16-7.4-4.

2.5.2Procedure for Revocation

A.The notice and hearing procedures required in contested cases under the Rhode Island Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35) shall be used in charter revocation proceedings. At a revocation hearing a charter may be sustained, revoked, or placed on probation. If a charter school is placed on probation, a specific period of time shall be established for the charter school to meet standards and requirements that the Commissioner deems necessary for the school to demonstrate improvement. Failure to meet these standards and requirements, as determined by the Commissioner, shall result in termination of the charter.

2.5.3Charter Expiration

A.Charters shall be granted for a fixed term not to exceed five (5) years.

B.Before the conclusion of this five (5) year period, the Council may conduct a review of the school’s charter. The decision by the Council to renew a charter shall be based upon the following:

1.The presentation of affirmative evidence regarding the success of the school's academic program as defined by the academic goals established in the charter for increasing academic achievement for all groups of students in which the number of students in a category is sufficient to yield statistically reliable information, including:

a.Economically disadvantaged students;

b.Students from major racial and ethnic groups;

c.Students with disabilities; and,

d.Students with limited English proficiency.

2.The presentation of affirmative evidence regarding the viability of the school as an organization as defined by the organizational performance goals established in the charter; and,

3.The faithfulness of the school to the terms of its charter;

4.§ 2.5.3(B)(1) of this Part shall be weighted most heavily in the Board’s decision to renew a charter.

C.The Commissioner will gather evidence regarding these issues from a renewal application and from other information, including but not limited to, a school's annual reports, financial audits, test results, and site visit reports. Renewed charters shall be written according to the provisions outlined in § 2.2.4(B)(8) of this Part. If the Council does not conduct renewal hearings for an existing charter, the charter shall renew for another five (5) year period. If the Council recommends that a charter not be renewed, the charter school may request an administrative hearing, and, shall have the burden of proof to demonstrate that the school has met the terms of its charter and other applicable legal requirements.

2.5.4Students Affected by the Revocation or Expiration of a Charter

A.If necessary, the Commissioner of Education may use the Commissioner’s authority to coordinate the education agencies of the state, including local school districts, so as to facilitate the enrollment of students from a closed charter school into other educational placements in order to ensure the continued provision of education services to those students. R.I. Gen. Laws § 16-60-6. The Commissioner shall ensure the preservation of the charter school records. The Commissioner may require the public school system in which the charter was located to maintain the student records of a closed charter school.

History

• Amendment — effective from 2026-07-22 to current
• Periodic Refile — effective from 2022-01-04 to 07/22/2026
• Technical Revision — effective from 2011-04-20 to 01/04/2022
• Technical Revision — effective from 2011-04-20 to 04/20/2011
• Adoption — effective from 2011-04-20 to 04/20/2011

200-RICR-20-05-2 § 2.6 Charter School Outreach and Enrollment

2.6.1Outreach

A.The charter school shall proactively engage and inform the community about the school for the purpose of generating interest in enrollment in the school. Such activities should include public notices, meeting, open houses, and other activities that attempt to reach and provide a forum to a broad audience. In order to diversify the pool of applicants so as to include underrepresented populations and otherwise achieve ends designed to serve at-risk youth, supplemental specially-directed outreach and recruitment to these groups is permissible.

2.6.2Enrollment Lotteries

A.When fewer students apply than there are seats available, all applicants shall be offered enrollment into the school. When more students apply than are seats available, the school shall conduct a random lottery to determine enrollment. For charter schools that do not have defined enrollment percentages from their sending districts in their charter, lotteries shall be held no later than a date set by the Commissioner in the school year before the year in which students are to enroll. Charter schools shall use a lottery application developed by the Commissioner. Weighted lotteries are permissible if the Commissioner deems it necessary to fulfill statutory requirements.

B.All students in the lottery pool at the time of the lottery shall be drawn from the lottery. Once all available seats have been filled, the remaining applicants in the pool shall be drawn and placed on a waiting list ranked in the order that they were drawn. The school shall notify the Rhode Island Department of Education (“RIDE”) at least two (2) weeks before the lottery so that a RIDE representative may be present during the lottery.

C.Schools are permitted to adopt a siblings policy to exempt siblings of currently enrolled students from participation in the lottery. Schools further permitted to adopt a policy to exempt the students of teachers or school founders from participation in the lottery so long as these students constitute no more than ten percent (10%) of the school’s total enrollment.

2.6.3Notification

A.Families shall be notified in writing whether or not the student was selected from the lottery for enrollment into the school. Upon notification, the family shall confirm their intent to accept the enrollment by submitting a standard confirmation form to the school. Schools are permitted to establish a reasonable deadline of not less than fifteen (15) days for the family to confirm their child’s enrollment. Schools shall also make a reasonable effort within this period to make contact with the family. If the family fails to confirm enrollment by the established deadline, schools are permitted to offer enrollment to another family in first position on the waiting list.

B.Only after a family has confirmed enrollment shall the school ask the family to provide specific information and documentation about the student, including school academic records and special education records (IEP/504 plans).

C.Once all families have confirmed their student enrollment, schools shall notify the district of residence regarding the total number of students from each district that will be attending the charter school for the upcoming school year.

2.6.4Waiting Lists

A.Any student who has applied to the school but was not selected through the lottery shall be placed on a waiting list in the order that they were drawn within the design of the lottery. This shall constitute the school’s official waiting list.

B.Families that have expressed an interest in the school, either by contacting the school directly, attended an open house, or other contact but has not submitted an enrollment form and selected through the lottery shall not be considered for the waiting list.

C.Enrollment forms received after the lottery shall not be considered on the official waiting list. Such applications shall only be considered for enrollment once the waiting list established through the lottery has been exhausted.

D.When filling vacancies that occur during the school year, schools shall offer enrollment to the student ranked in the first position on the waiting list as determined by the lottery. Should the family decline the enrollment offer, the school shall offer enrollment to the next ranked student until the enrollment seat is accepted.

E.Waiting lists shall not be carried over from year to year. Each year the school shall conduct a new lottery of all applicants in the lottery pool, including any applicants from the previous waiting list in addition to any and all new applicants. Applicants on the waiting list at the end of the previous school year must reapply to the school to be considered eligible for the lottery for the following school year.

History

• Amendment — effective from 2026-07-22 to current
• Periodic Refile — effective from 2022-01-04 to 07/22/2026
• Technical Revision — effective from 2011-04-20 to 01/04/2022
• Technical Revision — effective from 2011-04-20 to 04/20/2011
• Adoption — effective from 2011-04-20 to 04/20/2011

200-RICR-20-05-2 § 2.7 Charter School Staff

2.7.1Educator Certification Required

A.All teachers and administrators in charter schools shall hold appropriate certification for their respective positions.

History

• Amendment — effective from 2026-07-22 to current
• Periodic Refile — effective from 2022-01-04 to 07/22/2026
• Technical Revision — effective from 2011-04-20 to 01/04/2022
• Technical Revision — effective from 2011-04-20 to 04/20/2011
• Adoption — effective from 2011-04-20 to 04/20/2011

200-RICR-20-05-2 § 2.8 Charter School Contracts

2.8.1Charter School Comprehensive Service and Management Contracts

A.No charter school or charter school board shall enter into any contract for comprehensive service and management which is contrary to State or Federal law or regulations, which contravenes the written policies of the Rhode Island Council, which does entail any financial or other conflicts of interest, or which amends, alters, or modifies any provision of the school’s charter. To the extent that there is a conflict between the terms of the charter and such a contract, the terms of the charter shall govern. All charter school contracts shall be made available to the Commissioner and the Auditor General upon request. Charter schools shall maintain financial records in a format that allows the ready tracking of all expenditures of public funds.

B.No charter school board shall enter into a contract that would have the effect of reducing the charter school board’s ultimate responsibility for operation of its charter school, or which would hinder the charter school board in exercising effective supervision of the charter school it controls.

C.All charter school boards entering into such contracts shall directly select, retain, and compensate the school attorney, accountant, and audit firm.

D.All instructional materials, furnishings, and equipment purchased or developed with public funds shall be the property of the charter school, not the service provider.

E.The content of such contracts shall include, but not be limited to:

1.The roles and responsibilities of the school governing board and the service provider, including all services to be provided under the contract;

2.The performance measures, consequences, and mechanisms by which the school governing board will hold the provider accountable for performance;

3.All compensation to be paid to the provider, including all fees, bonuses, and what such compensation includes or requires;

4.Terms of any facility agreement that may be part of the relationship;

5.Financial reporting requirements and provisions for the school governing board’s financial oversight;

6.All other financial terms of the contract, including disclosure and documentation of all loans or investments by the provider to the school, and provision for the disposition of assets in accordance with Rhode Island General Law;

7.Assurances that the school governing board, at all times, shall comply with §§ 2.7(A) through (D) of this Part;

8.Respective responsibilities of the governing board and service provider in the event of school closure; and

9.Such information as required by the Commissioner to ensure compliance with the provisions identified in this Chapter.

History

• Amendment — effective from 2026-07-22 to current
• Periodic Refile — effective from 2022-01-04 to 07/22/2026
• Technical Revision — effective from 2011-04-20 to 01/04/2022
• Technical Revision — effective from 2011-04-20 to 04/20/2011
• Adoption — effective from 2011-04-20 to 04/20/2011

200-RICR-20-05-2 § 2.9 Appeals

A.The appeals and adjudication process defined by R.I. Gen. Laws Chapter 16-39 shall be applicable to charter schools, and additionally, any alleged violation of the provisions of a school’s charter shall be subject to this appeal and adjudication process.

History

• Amendment — effective from 2026-07-22 to current
• Periodic Refile — effective from 2022-01-04 to 07/22/2026
• Technical Revision — effective from 2011-04-20 to 01/04/2022
• Technical Revision — effective from 2011-04-20 to 04/20/2011
• Adoption — effective from 2011-04-20 to 04/20/2011

200-RICR-20-05-2 § 2.10 Variances and Waivers

A.The Council, based on the application of a charter school governing board may grant those statutory waivers and variances permitted by law. The Council, based on the application of a charter school governing board, may grant waivers and variances to Council regulations, except that waivers or variances which would diminish health or safety standards, or which would violate or diminish the civil rights of any protected class of student, shall not be granted. All requests for waivers or variances shall be accompanied by a written explanation showing why the waiver or variance should be granted.

History

• Amendment — effective from 2026-07-22 to current
• Periodic Refile — effective from 2022-01-04 to 07/22/2026
• Technical Revision — effective from 2011-04-20 to 01/04/2022
• Technical Revision — effective from 2011-04-20 to 04/20/2011
• Adoption — effective from 2011-04-20 to 04/20/2011

200-RICR-20-05-5 Regulations Governing Cooperative Service Agreements Among School Districts

200-RICR-20-05-5 § 5.1 Cooperative Services Study Committee

School committees interested in developing a cooperative service arrangement shall form a Cooperative Services Study Committee (CSSC) consisting of at least one representative from each participating school district and such other representatives as are mutually agreed upon by the participating school districts. The Cooperative Services Study Committee has the responsibility for conducting surveys, studies and any other information gathering activities in order to prepare the Certificate of Intent, the Articles of Agreement, and any necessary documents, reports, etc. The CSSC may incur such costs as are mutually agreed upon by the participating school committees in the conduct of the CSSC’s planning and development activities.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-09-28 to 01/04/2022
• Technical Revision — effective from 2007-09-28 to 09/28/2007
• Periodic Refile — effective from 2007-09-28 to 09/28/2007

200-RICR-20-05-5 § 5.2 Certificate of Intent

A. School districts interested in planning for the implementation of a cooperative service arrangement shall certify their intent, in writing, to the Commissioner of Education. In order to be eligible for technical and/or financial assistance, the Certificate of Intent shall include:

1. A listing of the school districts that intend to participate in the cooperative and their current enrollments;

2.A listing of the representatives of the Cooperative Services Study Committee (CSSC);

3.A statement of both the general need(s) and the results expected through the intended cooperative effort as developed by the 1 Adopted B.R. July 8. 1976 Cooperative Services Study Committee (CSSC).

4.Upon receipt and approval of a Certificate of Intent, the Commissioner of Education shall authorize the Bureau of Technical Assistance to provide appropriate technical services necessary to plan for the implementation of the intended cooperative.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-09-28 to 01/04/2022
• Technical Revision — effective from 2007-09-28 to 09/28/2007
• Periodic Refile — effective from 2007-09-28 to 09/28/2007

200-RICR-20-05-5 § 5.3 Articles of Agreement — Requirements

A.All Articles of Agreement for cooperative service arrangements shall contain the following specifications in order to be considered for approval by the Commissioner of Education as a valid cooperative, and further to be eligible for both technical and financial assistance

1.A listing of the school districts that plan to participate in the cooperative, and the designated name of the cooperative;

2. A statement of the purpose(s) of the cooperative;

3. A description of the proposed governance and organizational / structure for the cooperative and an explanation of the method by which representation of each participating school district on the governing board will be selected;

4. A description of the procedures by which local capital and operating costs of the cooperative are allocated among the participating school districts (fiscal records must be maintained in accordance with the Board of Regents accounting standards);

5. A description of the procedures for the disposition of acquired property, other assets and all outstanding liabilities upon either withdrawal of districts or the final dissolution of the cooperative;

6. A description of the procedures by which individuals will be hired and terminated;

7. A description of the procedures by which the agreement may be amended, the provision for the admittance of additional districts, and the provision by which districts may withdraw from participation in specific programs and/or the entire cooperative operation.

8. Articles of Agreement shall be submitted to the Commissioner of Education, signed and dated by the Chairperson of each participating school committee certifying its vote of approval of the Articles of Agreement.

9. The following data is required In addition to the Articles of Agreement:

a. Current enrollments of the participating districts;

b. Projected enrollments of the participating districts for the ensuing five years;

c. Services and/or programs to be offered upon implementation of the cooperative and the populations to be affected.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-09-28 to 01/04/2022
• Technical Revision — effective from 2007-09-28 to 09/28/2007
• Periodic Refile — effective from 2007-09-28 to 09/28/2007

200-RICR-20-05-5 § 5.4 Governance

A.Each cooperative shall establish a governing board whose membership shall consist of at least one representative from each participating district to oversee the performance and delivery of services and/or programs agreed upon by the participating school districts, and it shall be invested with the authority to carry out the provisions of its Articles of Agreement.

B. Cooperative boards empowered by the Articles of Agreement to receive and expend local, state and federal dollars shall establish a depository for such monies. However, cooperative boards are empowered to incur only such costs, debts, and liabilities which are approved by the participating school committees. Boards shall provide for a financial accounting and reporting of such funds consistent with the Regents accounting standards. Such reports shall be submitted to the Department of Education and the cooperating districts.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-09-28 to 01/04/2022
• Technical Revision — effective from 2007-09-28 to 09/28/2007
• Periodic Refile — effective from 2007-09-28 to 09/28/2007

200-RICR-20-05-5 § 5.5 School Committee Approval of the Articles of Agreement

The Cooperative Services Study Committee shall submit the Articles of Agreement to the school committees of each participating district for their approval. All participating school districts must ratify the Articles of Agreement before such agreement will be considered for approval by the Commissioner of Education.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-09-28 to 01/04/2022
• Technical Revision — effective from 2007-09-28 to 09/28/2007
• Periodic Refile — effective from 2007-09-28 to 09/28/2007

200-RICR-20-05-5 § 5.6 Approval of the Commissioner of Education

The Commissioner of Education shall review each proposed Articles of Agreement and shall render an approval, disapproval, or tentative approval subject to recommended changes. The Commissioner of Education shall render a decision within fifteen (15) days of receipt of the Articles of Agreement.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-09-28 to 01/04/2022
• Technical Revision — effective from 2007-09-28 to 09/28/2007
• Periodic Refile — effective from 2007-09-28 to 09/28/2007

200-RICR-20-05-5 § 5.7 Technical Assistance

The Department of Education has the responsibility for providing technical assistance to any group of school districts whose Certificate of Intent for a cooperative service arrangement has been reviewed and approved by the Commissioner of Education.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-09-28 to 01/04/2022
• Technical Revision — effective from 2007-09-28 to 09/28/2007
• Periodic Refile — effective from 2007-09-28 to 09/28/2007

200-RICR-20-05-5 § 5.8 Financial Assistance

Cooperative service agreements must be approved by the Commissioner of Education and designated as meeting the requirements of the Cooperative Services Act and such regulations that prescribe their operations in order to be eligible for direct financial assistance from state and/or federal resources. The Commissioner of Education shall review the financial needs as presented by each cooperative arrangement and make recommendations to the Board of Regents for the purpose of supporting the cooperative when such assistance is needed. Requests for State funds must be received by the Commissioner of Education fifteen (15) months prior to July 1 of the state’s fiscal year for which the funds are requested.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-09-28 to 01/04/2022
• Technical Revision — effective from 2007-09-28 to 09/28/2007
• Periodic Refile — effective from 2007-09-28 to 09/28/2007

200-RICR-20-05-5 § 5.9 Withdrawal or Final Dissolution

A.Any school district that is a party to a cooperative service agreement may terminate its obligation at the end of any fiscal year by written notice to the Commissioner of Education and to each district in the cooperative providing such notice Is received at least six months before the start of state’s next ensuing fiscal year. In the event of either a single district withdrawal or a complete dissolution of the cooperative, the Commissioner of Education is to be notified in writing specifying:

1.the reason(s) for the withdrawal or dissolution;

2. the effective date of the withdrawal or dissolution;

3. those programs and/or services that will be affected;

4. the number of positions that will be eliminated due to the withdrawal;

5. the effect(s) the withdrawal or dissolution will have on the educational programs and/or services of the participating districts.

B. School districts withdrawing from a cooperative service operation must continue to provide such service(s) as required by law and regulation as were provided by the cooperative service arrangement.

C. All materials, equipment, and other assets of the cooperative held by the terminating district(s) shall be returned to the cooperative. Upon final dissolution of a cooperative all outstanding obligations must be certified as met in full; all outstanding capital or bonded debts shall be distributed among the participating school districts according to their apportioned financial responsibility of the cooperative service agreement.

D. Any federal or state financial aid relative to the cooperative arrangement directly received by the withdrawing district(s) shall be terminated upon the effective date of withdrawal. Furthermore, such funds received in payment for services not rendered at the date of withdrawal, shall be returned to the appropriating federal or state agency.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-09-28 to 01/04/2022
• Technical Revision — effective from 2007-09-28 to 09/28/2007
• Periodic Refile — effective from 2007-09-28 to 09/28/2007

200-RICR-20-05-5 § 5.10 Disputes

All disputes between participating school districts of a cooperative service arrangement which cannot be resolved by the cooperative’s governing board shall be resolved in accordance with the appropriate provisions of R.I. Gen. Laws Chapter 16-39.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-09-28 to 01/04/2022
• Technical Revision — effective from 2007-09-28 to 09/28/2007
• Periodic Refile — effective from 2007-09-28 to 09/28/2007

Subchapter 10 Academic Standards, Programs and Operations

200-RICR-20-10-1 Basic Education Program

200-RICR-20-10-1 § 1.1 Setting Directions for the Local Education Agency

1.1.1AUTHORITY, SCOPE, AND PURPOSE OF THE BASIC EDUCATION PROGRAM

A.The Basic Education Program (BEP) is a set of regulations promulgated by the Council on Elementary and Secondary Education pursuant to its delegated statutory authority to determine standards for the Rhode Island public education system and the maintenance of local appropriation to support its implementation under R.I. Gen. Laws § 16-60-4.

B.The BEP must be read in concert with all other applicable legal mandates, under both federal and state law, in order to ascertain the full rights afforded to every student in the Rhode Island public education system. The BEP, along with the other applicable regulations and standards promulgated and adopted by the Council on Elementary and Secondary Education, is designed to ensure that high-quality education is available to all public school students, regardless of where they reside or which school they attend. The standards set forth in this title are designed to be measurable in order to determine compliance with the law and, more generally, to determine whether equality of educational opportunity is being provided at the local level.

C.Central to the concept of equal educational opportunity is the presence of a basic level of academic and support programs that demonstrate substantial compliance with established qualitative standards, coupled with a demonstrated commitment to continuous improvement, including a sufficiency of resources dedicated to those efforts. Though each Local Education Agency (LEA) may offer additional options to its students, each student must be provided equal access to at least the services that are described in these regulations. It is not required that every school offer every service detailed in the BEP, but it is required that LEAs ensure equal access to mandated services for each and every student. Information gathered as a result of measuring LEA compliance with the BEP will allow different constituencies to bring an informed perspective to the ongoing process of improving the Rhode Island public education system. The BEP is regulatory in nature and, as such, has full force of law.

1.1.2Council on Elementary and Secondary Education Expectations for a Statewide Education System

A.Establishing Requirements for the Basic Education Program.

1.The mission of the Council on Elementary and Secondary Education is to lead and support schools and communities in ensuring that all students achieve at the high levels needed to lead fulfilling and productive lives, to succeed in academic and employment settings, and to contribute to society.

2.In order to fulfill its mission, the Council on Elementary and Secondary Education has articulated the requirements for the BEP for all LEAs that ensure that every public school student will have equal access to a high quality, rigorous, and equitable array of educational opportunities from PK-12. The Council on Elementary and Secondary Education has established substantive and measurable standards and requirements for curriculum, instruction, and assessment systems; student and family supports for academic work and career success; and administration, management, and accountability. In establishing these requirements, the Council on Elementary and Secondary Education was intentional in its integration of 21st century student skills and outcomes, i.e., the economic, civic, language, cultural, and global competencies Rhode Island students will need to become lifelong learners and global citizens.

B.Aligned and Cohesive Education System Dedicated to Continuous Improvement

1.The Council on Elementary and Secondary Education believes that an aligned and cohesive education system is required in order to ensure that all Rhode Island students are adequately prepared for life beyond secondary education. This aligned and cohesive education system shall be focused on student achievement and student mastery of skills needed to succeed as lifelong learners, workers, and citizens. To accomplish the delivery of a sound, high-quality education to every student, the school, LEA, and state must ensure that policies, programs, and systems are connected and directed toward the common purpose of improving achievement for all students. The Council on Elementary and Secondary Education recognizes that this aligned, cohesive system actively operates within the larger context of social, human, and education systems that affect all Rhode Islanders throughout their lives.

2.The BEP provides a framework with which the state and LEA can work in concert to improve education results for all students in Rhode Island. The BEP is anchored in the philosophy of continuous improvement and is characterized by collaboration and teamwork among the education partners who share a commitment to improving education. The BEP requires that all public education systems be aligned and integrated so as to support student achievement.

C.Building Capacity for a Cohesive and Aligned System

1.The Council on Elementary and Secondary Education acknowledges that implementing an aligned, cohesive system requires a long-term investment in building the capacity of individuals, institutions, and educational communities to develop the knowledge, skills, and resources for effecting sustainable improvement.

2.The four essential capacities that require ongoing development at every level of the system include:

a.Focused, visionary, accountable Leadership;

b.Active, responsive, dynamic Personnel Supports;

c.Organized, accessible, transparent Infrastructure; and,

d.High quality, rigorous, and authentic Content.

3.The presence or absence of capacity-building - from state to district, from district to school, and from school to classroom - is the determinative factor in the success or failure of educational improvement efforts.

D.Functions and Indicators for the Education System

1.In order to ensure implementation of the BEP, the Council on Elementary and Secondary Education directs the Commissioner of Education, with appropriate input from affected constituencies, to establish a set of functions and performance indicators at all levels of the education system. The Council on Elementary and Secondary Education directs the Commissioner to design and implement a clear and focused quality assurance system for monitoring and improving the effectiveness of the systems. The Commissioner shall develop and issue applicable guidance to ensure LEA implementation.

1.1.3Expectations for the Rhode Island Department of Elementary and Secondary Education in Implementing the Basic Education Program

A.Responsibilities of the Rhode Island Department of Elementary and Secondary Education

1.The primary responsibility of the Rhode Island Department of Elementary and Secondary Education (RIDE) is to ensure the full implementation of the Rhode Island Comprehensive Education Strategy (CES) by developing and implementing a standards-based approach for each element of the BEP. The BEP sets forth or incorporates standards established by the Council on Elementary and Secondary Education in all regulated areas deemed essential to guarantee the provision of a minimally adequate education for all public school students. It is the responsibility of RIDE to develop relevant standards for adoption by the Council on Elementary and Secondary Education, to develop and maintain systems to accurately measure compliance with said standards, to develop statewide operational systems that reduce costs and burdens at the local level, to work with each LEA to improve performance at the local level, and to ensure that the LEA is effective in support of its schools.

B.Functions of the Rhode Island Department of Elementary and Secondary Education

1.RIDE fulfills its leadership role in ensuring an alignment of effort in the full implementation of the BEP requirements by carrying out the following functions:

a.Establishing clear expectations for systems, educators, and students;

b.Providing systems with the capacity and resources to enable LEAs to meet state expectations;

c.Ensuring quality assurance and quality control of LEA efforts through an effective system of indicators, data collection, analysis, and public reporting; and

d.Leveraging innovative partnerships to ensure fidelity of implementation and to overcome barriers to improvement.

2.In carrying out its leadership role, RIDE has a responsibility to exercise its authority under state and federal law to intervene in LEAs and schools that are not closing student achievement gaps, are not continuously improving, or are not reaching state performance standards.

1.1.4Expectations for the Local Education Agency in Implementing the Basic Education Program

A.Responsibilities of the Local Education Agency

1.The primary responsibility of the LEA is to create and sustain high quality learning environments that meet the standards set forth in the BEP. In these regulations, the LEA includes the governing board, central-level and school-level personnel. The LEA shall ensure that learning is at all times the ultimate focus of every individual employed by the agency. Full implementation of the BEP requires that student learning be the primary reference point for decision making, responsive policy development, resource allocation, and personnel assignment and evaluation.

2.To carry out its primary responsibility, each LEA requires able, informed leadership and management at all levels of its system (governing board, central administration, school and classroom) that can guide, motivate, and support implementation of the BEP. The administration, management and accountability of LEA leadership are specified in §§ 1.4.1, 1.4.2, and 1.4.3 of this Part.

3.Each LEA shall ensure that its schools are compliant with the BEP, as well as with all other requirements related to student achievement as measured by state and local assessments. To fulfill these responsibilities, the LEA shall identify and/or develop appropriate measures to ensure LEA effectiveness and efficiency that shall include, but not be limited to, the seven LEA functions identified by RIDE. This integrated framework of functions, outlined below, builds a common language regarding the specific collective behaviors that are required in order to improve learning for both students and educators and serves as a common point of reference for school, district, and state agency operations and improvement efforts.

B.Functions of the Local Education Agency

1.Each LEA shall address seven core functions in order to ensure that all of its schools are providing an adequate education to every student:

a.Lead the Focus on Learning and Achievement. The LEA shall provide on-site direction that continuously guides site-based leadership; identify expectations and accountability for implementation of proven practices; and address barriers to implementation of identified educational goals.

b.Recruit, Support, and Retain Highly Effective Staff. The LEA shall recruit, identify, mentor, support, and retain effective staff; build the capacity of staff to meet organizational expectations; and provide job-embedded professional development based on student need.

c.Guide the Implementation of Curriculum, Instruction, and Assessment. The LEA shall provide access to rigorous, guaranteed, and viable curricula for all students; ensure differentiated instructional strategies, materials, and assessments; and build systems that provide opportunities for common planning and assessment.

d.Use Information for Planning and Accountability. The LEA shall develop and implement proficiency-based comprehensive assessment systems; distribute results of measured school progress and student performance; and maintain responsive and accessible information systems.

e.Engage Families and the Community. The LEA shall implement effective family and community communication systems; engage families and the community to promote positive student achievement and behavior; and provide adult and alternative learning opportunities integrated with community needs.

f.Foster Safe and Supportive Environments for Students and Staff. The LEA shall address the physical, social, and emotional needs of all students; ensure safe school facilities and learning environments; and require that every student has at least one adult accountable for his or her learning.

g.Ensure Equity and Adequacy of Fiscal and Human Resources. The LEA shall identify and provide requisite resources to meet student needs; allocate fiscal and human resources based on student need and overcome barriers to effective resource allocation at the school level.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2009-07-29 to 01/04/2022
• Technical Revision — effective from 2009-07-29 to 07/29/2009
• Adoption — effective from 2009-07-29 to 07/29/2009

200-RICR-20-10-1 § 1.2 Curriculum, Instruction, and Assessment

1.2.1A Guaranteed and Viable Curriculum

A.Framework for a Comprehensive Curriculum

1.The Council on Elementary and Secondary Education charges each LEA to ensure that its students are provided with a comprehensive program of study that is guaranteed and viable in each content area from pre-kindergarten through grade 12 (PK-12) so that its students are prepared for post-secondary education or productive employment. Each curriculum shall be developed to meet or exceed state content standards that have been adopted by the Council on Elementary and Secondary Education. In the absence of state-adopted standards in a content area, each LEA shall align its curriculum to national content standards specific to that content area. Each LEA shall formally adopt a set of curriculum documents that specify the content standards, instructional practices, materials, program, texts and assessments, and grading practices that are based on the community’s rigorous achievement descriptions for its students and that account for the expectation that students must be globally aware and internationally competitive.

a.These curriculum documents shall explicitly communicate how students will be supported so that they can achieve high standards through multiple pathways and attain success in the 21st century global economy. Programs of study that are in one of the sixteen (16) critical-industry career cluster areas shall reflect the relevant academic content standards as well as the applicable national or industry skill standards. These supports shall account for multiple delivery models and settings while maintaining the common foundation of content standards and rigorous expectations for achievement. All curriculum documents shall include a Response to Intervention model as an integral component of supports and curriculum design.

b.All curriculum documents shall be aligned vertically and horizontally so that they provide direction in planning instructional strategies. Each LEA shall ensure that students across the district have access to the written curriculum in order to ensure continuity and comparability across schools or teachers within and across grade levels. Each LEA shall also ensure that all students are provided with a cohesive program of study that leads to graduation proficiency across all grade levels within the district.

c.All curriculum documents shall be made public and be easily accessible to the community.

B.Curriculum Management and Supports

1.Each LEA shall establish a comprehensive set of district-wide policies that will guide the development, alignment, and implementation of curriculum, instruction, and assessment systems to ensure that all students become proficient life-long learners. These policies shall be made public and be easily accessible to the community.

2.Each LEA shall develop and implement a written comprehensive curriculum-management plan that establishes the guidelines and procedures for the design, implementation, monitoring, and revision of the district-wide curriculum. The comprehensive management plan shall have the following components:

a.A defined method for designing curriculum, based on state and national standards, that includes access and opportunity for all students;

b.A curriculum-mapping process for measuring the gaps between the intended and delivered curriculum across all classrooms;

c.An approach to coordinating and articulating curriculum requirements across levels, within grades, between grades, across content areas, and with postsecondary education; and,

d.A defined method for supporting and monitoring the implementation of the delivered curriculum, instruction, and assessment systems.

3.Each LEA shall ensure that the curriculum, instruction, and assessment systems are maintained and continuously improved by:

a.Identifying the roles and responsibilities of district personnel to support curriculum development, implementation, monitoring, and revision;

b.Providing ongoing supervision that evaluates and supports the implementation of the written curriculum;

c.Coordinating all available resources (fiscal, personnel, and time) to support curriculum development, implementation, revision, and evaluation;

d.Having sufficient personnel, resources, and time to design and implement an aligned curriculum, instruction, and assessment system;

e.Engaging professional staff in the development of curriculum design and in the selection of instructional materials;

f.Providing sufficient professional development to all staff to ensure curriculum implementation with fidelity;

g.Disseminating current PK-12 written curriculum and related documents to professional staff and the community; and,

h.Communicating publicly the results of curriculum, instruction, and assessment design and activities to the community.

4.Curriculum management and supports enable the LEA to address the following functions: Guide the Implementation of Curriculum, Instruction and Assessment and Recruit, Support and Retain Highly Effective Staff.

C.Comprehensive Program of Study

1.Each LEA shall provide a comprehensive program of study in English language arts, mathematics, social studies, the sciences, visual arts & design and the performing arts, engineering and technology, comprehensive health, and world languages throughout the PK -12 system. This program of study shall integrate literacy (reading, writing, speaking, and listening), applied learning, and the use of information and communication technology across all content areas. Reading integration shall include vocabulary development, instruction in initial understanding, analysis and interpretation of content-area text, reading strategies as they relate to each content area, and the assurance that there is a breadth of text covered in each content area. The integration of writing and oral communication shall include the reading-writing connection, particularly in informational writing as well as the development of oral-communication strategies.

2.Each comprehensive program of study shall reflect curriculum, and differentiated instruction, and assessment practices that provide a coherent and articulated development of students’ skills and abilities in each content area that emphasize the following:

a.Grades PK-4 shall focus on building student fluency and conceptual understanding in literacy and numeracy through the integration of content area;

b.Grades 5-8 shall focus on integrating content-based coursework while attending to content-based literacy and numeracy development; and

c.Grades 9-12 shall offer courses within and across content areas that are in predictable sequences to ensure that all students have access to all content necessary to become proficient. Further, each LEA shall integrate career-and-technical education programs of study as part of its high-school course offerings. Career and technical education programs of study shall be tied to one or more pathways identified for critical-industry career clusters. These programs of study shall specify coursework and experiences needed to move students through high school to completion and success in postsecondary education and careers, using combinations of traditional and career-and-technical education courses, as well as project-based and work-based experiences and/or dual enrollment.

3.In addition, each LEA shall develop specific curricula and programming that address the learning needs of:

a.English language learners by attending to student profiles (e.g., education history and achievement and age of entry to the United States);

b.Students with disabilities by addressing goals of the Individual Educational Program or 504 Plan;

c.Students at risk for not completing their education; and

d.Students in need of advanced academic opportunities.

D.English Language Arts

1.A high quality English language arts education program of study is essential for a student’s ability to communicate and comprehend effectively. The skills, knowledge, and competencies of the language arts, (i.e., reading and written and oral communication), pervade all content areas.

2.The Rhode Island English language arts standards are embedded within the local and state reading and written/oral communication standards, the Grade Level Expectations (GLEs) for grades K-8, and the Grade Span Expectations (GSEs) for grades 9-12. The GLEs and GSEs identify the reading and written and oral communication knowledge and skills expected of all students in all content areas. Therefore, each LEA shall:

a.Establish an English language arts curriculum that is aligned instructionally with the local and state standards (GLEs and GSEs). Each LEA shall establish an English language arts curriculum that is aligned to the English language arts Alternate Assessment GSEs for students with significant cognitive disabilities who participate in the Alternate Assessment. In addition, each LEA shall maintain congruence among and across the curriculum, instruction, and assessment.

b.Develop a coordinated and integrated K-12 English language arts curriculum that addresses the content clusters within local and state reading and written and oral communication standards (GLEs and GSEs), includes contemporary texts, and encourages students to be active participants within the community.

E.Mathematics

1.A high quality mathematics program of study leads to mathematics literacy for all students. Every student shall have a rigorous mathematics program that is focused on the development of concepts and the acquisition of basic and advanced skills. Basic skills and conceptual understanding are entwined, and both are necessary so that a student can successfully apply mathematics, conceptualize problems, and solve them.

2.The Rhode Island K-8 GLEs and the High School GSEs specify the mathematics standards for all students. The Rhode Island mathematics standards identify the mathematics concepts and skills expected of all students in four areas: Numbers and Operations; Geometry; Functions and Algebra; and Data, Statistics, and Probability for grades K-12. Additionally, for grades K-8, standards are developed in two areas: Problem Solving, Reasoning, and Proof; and Communication, Connection, and Representation. Each LEA shall establish a mathematics curriculum that is aligned with the Mathematics Alternate Assessment GSEs for students with significant cognitive disabilities who participate in the Alternate Assessment.

3.Each LEA shall ensure that the coherent and coordinated K-12 mathematics curriculum addresses:

a.Research-based approaches to developing mathematics skills;

b.Learning activities that emphasize mathematical communication and reasoning skills and incorporate mathematical tools and technology;

c.The use of manipulatives during the acquisition of skills and conceptual understanding; and,

d.Applied learning activities that demonstrate the use of mathematics in daily life.

F.Social Studies

1.A high quality program of social studies fosters life long participation in civic life and social action that leads to effective and productive citizenship in a world that is culturally diverse and interdependent. It fosters the ability to apply inquiry processes and to employ the skills of data collection and analysis, collaboration, decision-making, and problem solving. The social studies subject area includes the following social sciences: history and historical thinking skills, geography, economics, political science/government, civics, sociology, and anthropology.

2.Each LEA shall ensure that the coherent and coordinated K-12 curriculum for social studies includes coursework designed to develop:

a.Student knowledge, skills, and attitudes as indicated in the GSEs for Civics & Government and Historical Perspectives/Rhode Island History;

b.Student understanding of how the world operates in this interconnected era through geography, political science, and economics; and,

c.Student understanding of human behaviors, beliefs, ideologies, cultures, and backgrounds through history, sociology, anthropology, and other related social sciences.

3.Each LEA shall ensure that a coherent and coordinated curriculum for social studies includes opportunities for the study of these major themes (within the broader subject areas in which they are found):

a.Culture (history, geography, sociology, global studies);

b.Time, Continuity, and Change (history, global studies);

c.People, Places, and Environments (history, geography, sociology, global studies, environmental studies);

d.Individual Development and Identity (citizenship, law-related education);

e.Individuals, Groups, and Institutions (political science, citizenship, law-related education, global studies);

f.Power, Authority, and Governance (political science, citizenship, law-related education, global studies);

g.Production, Distribution, and Consumption (economics, global studies, consumer education);

h.Science, Technology, and Society (environmental studies, global studies);

i.Global Connections (global studies, history, political science, geography); and

j.Civic Ideals and Practices (political science, citizenship, law-related education).

G.Science

1.A high quality science education program of study leads to scientific literacy for all students. The K-12 GSEs in science identify the science concepts and skills expected of all students in Earth and Space Science, Life Science, and Physical Science at grade spans K-4, 5-8, and high school. Additionally the Rhode Island K-12 GSEs in science incorporate the Unifying Themes (i.e., inquiry, nature of science, models and scale, form and function, systems and energy, and patterns of change) necessary to integrate the different scientific disciplines. Key among these themes is scientific inquiry through which students experience learning that is relevant, engaging, meaningful, and authentic. Scientific inquiry is inextricably tied to creating opportunities for students to formulate questions and hypotheses, plan investigations, conduct investigations, and develop explanations and evaluations. Each LEA shall establish a science curriculum that is aligned to the Science Alternate Assessment GSEs for students with significant cognitive disabilities who participate in the Alternate Assessment.

2.Each LEA shall ensure that the coherent and coordinated K-12 curriculum for science includes an inquiry-based approach that devotes a sufficient amount of instructional time to learning experiences that ensure all students develop and demonstrate applied learning skills appropriate to the content area and grade level.

H.Dance, Music, Theater and Visual Arts & Design

1.A high quality arts education program of study leads to arts literacy for all students and includes dance, music, theatre, and visual arts and design. Students shall be provided with sufficient opportunities to create, perform, and respond in each of their arts courses so as to achieve proficiency. The Rhode Island K-12 Grade Span Expectations in the Arts specify the arts standards for all students.

2.Each LEA shall ensure that the coherent K-12 curricula for the arts include:

a.Artistic Process: Creative problem solving using the tools, techniques, and technology of one or more art forms in order to make the imagined tangible;

b.Cultural Context: Purpose and motivation fundamental to art-making for all societies; and integration of arts history, analysis, and criticism;

c.Communication: Personal expression, creativity, and meaning through the use of symbols representative of each art form; and sharing of the human experience with image, sound, movement, words, space, time, and/or sequence; and

d.Aesthetic Judgment: Applying knowledge in order to reflect on and evaluate the work of self and others.

3.Classes in at least visual arts and design and music shall be available for each student in each grade through the middle level. Curriculum that includes dance and theatre shall adhere to the applicable grade span expectations. A program of study shall exist for all secondary students to enable them to demonstrate proficiency in at least one art form. Additionally, secondary school students shall be provided with the opportunity to do multiple levels of coursework in visual arts and design in both two and three dimensions and in at least one performing arts discipline.

I.Engineering and Technology

1.A high quality engineering and technology program of study leads all students to the awareness that we live in a human built world. The K-12 GSEs in engineering and technology provide the standards to advance the technological literacy of all students. A program of study in engineering and technology addresses how every human built activity is dependent on various tools, machines, and systems.

2.The GSEs in engineering and technology are closely based upon the Standards for Technological Literacy and are organized around:

a.the impact of technology on human kind;

b.problem solving processes involving the application of content knowledge, acquired skills, and creativity; and

c.the selection and appropriate use of technology.

3.Each LEA shall ensure that the coherent and coordinated K-12 curriculum for engineering and technology includes:

a.An inquiry based approach that promotes hands-on learning, including problem based and design based learning;

b.Opportunities for students to make connections among a variety of technologies; and

c.Integration of the GSEs, rather than focusing on individual standards in isolation.

J.World Languages

1.A high quality world language program of study prepares students to be able to communicate in languages other than English, understand other languages and cultures, and prepare for post-secondary options. Each LEA shall provide opportunities for students to study a language other than English. The offerings may include both classical and modern languages, and the determination of the offerings shall be based on the needs and interests of students, the community, and the global economy. Therefore, each LEA shall provide:

a.Coursework in a minimum of two languages other than English at the secondary level and offerings of at least three consecutive years of the two selected languages;

b.A planned program of study including coursework in the development of listening, speaking, reading, and writing along with the cultural background associated with each taught language; and

c.A program of study that includes connections to real-world applications.

2.Although not required, instruction in at least one world language other than English at the elementary school level is recognized as best practice.

K.English Language Acquisition

1.A high quality English language acquisition program of study leads to English language proficiency in reading, writing, speaking, and listening as outlined within the English language proficiency standards for students K-12, developed in partnership with the World-Class Instructional Design and Assessment (WIDA) Consortium. These standards outline the social and academic language students need in order to participate fully in an English language classroom. A comprehensive program of study is aligned to the Regulations Governing the Education of English Language Learners and thoughtfully considers the programmatic structures and supports that these students require based on their diverse backgrounds and learning needs.

2.Each LEA shall offer, to the extent possible, opportunities for students to maintain and develop their first language. In addition to these standards, programs of study shall attend to the following factors:

a.Varying ages and grade spans of students;

b.Identification of potential disability (e.g., learning disability);

c.Linguistic and cultural backgrounds; and

d. Differences in life and educational experiences.

L.Comprehensive Health

1.A high quality health education program of study leads to health literacy for all students, providing students with the knowledge and skills necessary to maintain healthy lifestyles. Health Literacy for All Students: The Rhode Island Health Education Framework outlines the seven standards for health education and the concepts and skills expected of all students at grade spans K-4, 5-8, 9-10, and 11-12. These expectations are further outlined in the companion document, Comprehensive Health Instructional Outcomes, by grade span within each health content area.

2.Each LEA shall ensure that the coherent and coordinated K-12 curriculum for health includes:

a.Instruction in all content areas: personal health, mental and emotional health, injury prevention (including violence prevention), nutrition, sexuality and family life, disease prevention and control, and substance use and abuse prevention – including specific topic areas required by state statute;

b.An emphasis on developing the key skills (i.e., accessing information and services, analyzing social influences on health, assessing personal risks, goal-setting, decision making, communication, negotiation, and advocacy) that cut across all health content areas and on practicing health-enhancing behaviors;

c.Sequential, comprehensive, and developmentally appropriate instruction K-12;

d.Medically accurate information; and

e.Compliance with statutory requirements for instructional time as well as with other requirements in the Rules and Regulations for School Health Programs.

M.Physical Education

1.A high quality physical education program of study leads to the development of knowledge and skills necessary to lead a physically active lifestyle. The Rhode Island Physical Education Framework: Supporting Physically Active Lifestyles through Quality Physical Education outlines the six standards for physical education and the concepts and skills expected of all students at grade spans K-1, 2-3, 4-5, 6-8, and 9-12.

2.Each LEA shall ensure that the coherent and coordinated K-12 curriculum for physical education includes:

a.Movement Forms and Principles, Motor Skills, Physical Activity, Personal Fitness, Personal and Social Responsibility, and Influences on Physical Activity;

b.Student assessments that address all standards and instructional objectives, including the appropriate use of fitness testing;

c.Sequential, comprehensive, and developmentally appropriate instruction K-12;

d.Development of personal fitness plans, at least at the secondary level;

e.Instructional strategies that keep all students active at least 50% of class time; and

f.Compliance with statutory requirements for instructional time as well as with other requirements in the Rules and Regulations for School Health Programs.

N.Library and Media

1.A high quality library-media program provides all students with multiple opportunities to access and interact with library-media instruction and materials necessary to acquire proficiency in the essential learning skills that support the curriculum. Resources, which include books, written materials, internet resource materials, multimedia materials, information technology, and integrated instruction, must be appropriate to the ages of the students served by the school.

2.The library-media resources shall be accessible to all enrolled students and personnel.

3.Each LEA shall ensure that its library-media program addresses the Rhode Island Information Literacy Standards for Student Learning by attending to the following:

a.Reading. An effective LEA library-media program recognizes that reading is a foundational skill that begins with decoding and comprehension and leads to interpretation and development of new understandings. The school library-media program enhances the reading curriculum and provides students with opportunities to read widely and extensively for lifelong learning, personal growth, and enjoyment.

b.Information Literacy. At the heart of every successful school library-media program is the teaching of effective learning strategies and information literacy skills integrated into classroom curricula. The ability to find and use information, (information literacy), is the key to lifelong learning. A successful LEA library-media program has as its goal the development of capable, creative, and responsible lifelong learners. Rather than simply disseminating information, library-media programs shall be collaborative and centered on the process of learning.

c.Independent Learning. An effective LEA library-media program shall assist all students in becoming active and creative locators, evaluators, and users of information to solve problems and to satisfy their own curiosity. Accessing, evaluating, and using information is the authentic learning that any successful school library-media program seeks to promote.

d.Social Responsibility. An effective library-media program teaches students to seek information from diverse sources, contexts, disciplines, and cultures; to respect the principles of equitable access to information, intellectual freedom, and intellectual property rights; to use technology responsibly and ethically; to share knowledge and information collaboratively with others; and to respect others’ ideas and backgrounds and to acknowledge their contributions.

1.2.2Effective Instruction for All Students

A.Standards and Practices for Effective Instruction

1.Each LEA shall implement a set of coherent, organized instructional strategies designed to ensure positive improvements in student learning. Organized strategies shall be based on current research and adjusted according to student progress monitoring and assessment data. These organized strategies shall focus on the needs of all students using strategies for differentiated instruction based on principles of learning, human growth and development; and shall ensure that explicit instruction of reading, writing, speaking and listening is integrated across content areas. The organized strategies shall include specific interventions for students who are not meeting proficiency standards or are at risk for non-promotion or dropping out of school. Similarly, strategies shall be in place to expand and extend learning for students who are proficient on grade level expectations. Each LEA shall develop and implement homework policies that are clear and developmentally appropriate for each grade level.

2.The Rhode Island Professional Teaching Standards (RIPTS) and the Rhode Island Standards for Educational Leadership shall be used by the LEA to plan for professional development, provide feedback for improvement, and monitor the delivery of a guaranteed and viable curriculum for all students.

3.Each LEA shall articulate guidelines for effective instruction that will ensure that educators, including educational leaders, develop a sufficient understanding of content, pedagogy, and assessment practices so as to address student learning across grade levels as described in the Rhode Island Professional Teaching Standards (RIPTS) and the Rhode Island Standards for Educational Leadership. These guidelines shall identify the components and elements of effective instruction to include:

a.Questioning and discussion techniques that address depth of knowledge;

b.Active engagement in learning activities;

c.Different delivery methods to include, but not be limited to, teacher-directed instruction, inquiry-based problem solving, modeling and demonstration, and project-based learning and presentation;

d.Differentiated instruction to address the needs of all students;

e.Grouping of students that allows for individual, small-group, and whole class structures;

f.Reflecting and self assessment regarding learning;

g.Multiple opportunities for cross content learning;

h.Applying concepts and understanding in new contexts;

i.Using an array of learning environments that extend application of knowledge and skills beyond the classroom; and

j.Accessing an array of texts, technology, and materials to support learning.

4.Each LEA shall design a schedule of instructional time across grades PK-12 that ensures that all students and teachers have multiple opportunities and supports to access the learning goals in the comprehensive program of study.

5.Each LEA shall have a cohesive system of high quality professional development (see § 1.4.2(B) of this Part) that addresses the state and national standards in the content areas, the district designed curriculum, the research-based instructional strategies and practices that focus on all students, assessment practices for monitoring student progress, and implementation of selected programs, texts, and materials with fidelity.

6.Each LEA shall provide common planning time within and across grades and content areas so that educators address student learning needs, monitor progress, and identify effective instructional practices.

B.Resources and Materials Aligned to Curriculum

1.Each LEA shall provide the necessary programs, texts, and materials that ensure that students are supported fully in acquiring the knowledge and skills specified in a comprehensive program of study. Programs, texts, and materials shall be in sufficient quantity to ensure that students can engage in and complete all curriculum activities.

2.Each LEA shall ensure that the selection of programs, texts, and materials are:

a.Aligned to the GLEs and GSEs and LEA curriculum design;

b.Research-based and current;

c.Selected with input from educators representing all grade levels and courses; and

d.Universally designed to ensure access for all students.

1.2.3Comprehensive Assessment and Reporting Systems

A.Components of a Comprehensive Assessment System

1.Each LEA shall develop a comprehensive assessment system that includes measures of student performance for the purposes of formative, interim, and summative evaluations of all students in each core content area. All measurements shall adhere, to the extent possible, to the principles of the National Council on Measurement in Education, while ensuring that assessments are free from bias and that universal design features are embedded in the assessments. All student assessment data shall conform to the provisions of the Family Educational Rights and Privacy Act (FERPA).

2.Each comprehensive assessment system shall include the specific strategies used for screening, diagnosing, and monitoring individual students in literacy and numeracy. Systems shall include assessments of sufficient frequency and relevance as needed to ensure that students have access to diverse pathways to support their Individual Learning Plans. These assessments must be coordinated with the evaluation process for determining student eligibility for an Individualized Education Program and for receiving English Language Learner services.

3.The following components shall be embedded in each comprehensive assessment system:

a.The name or type of assessment (e.g., Stanford 10, teacher developed assessment, observation, comprehensive course assessment for Algebra I);

b.The category of assessment (e.g., formative, interim, summative);

c.The purpose and use of data (e.g., teacher questioning at the end of class to determine instructional next steps, end-of-unit exam to be used as a grade, evaluation from an internship, Developmental Reading Assessment, interim assessment to determine student progress and success of reading intervention);

d.The scoring procedures (e.g., teacher scored using rubrics and anchor papers developed by grade-alike or content-alike cross-district teachers, machine scored by publisher) along with the expected turnaround time for providing feedback to students;

e.The implementation schedule (e.g., daily, monthly, twice each quarter, annually); and

f.The allowable accommodations and/or modifications for specific students.

4.Each LEA in Rhode Island shall have tools and procedures for interpreting and analyzing assessment data for the purposes of student, program, and instructional evaluations. The tools and procedures shall account for the varying levels of use among the education community, from school committee to the individual classroom teacher.

B.Grading and Reporting

1.Each LEA shall develop policies and procedures for grading and reporting assessment data at the student, group, school, and district levels. These policies and procedures shall be made accessible to the community. Student grades shall be supplemented with a narrative of student progress on meeting course goals. Student behavior and effort shall be reported separately from academic achievement.

2.Student level grading shall be based on multiple measures of student work collected in multiple formats (e.g., paper and pencil, oral presentations, projects) and under varying conditions (on demand, timed and untimed, over extended periods, with and without revisions). Student level grading must be based on state or national content standards and be supported by achievement level descriptors written for each grading level.

3.Student progress and reporting to students and families shall occur on a regular and timely basis. Informal feedback to students, both oral and written, shall occur daily at the elementary school level and at least weekly at the middle and high school levels. Formal reporting with families shall occur within two weeks after the close of a quarter or trimester and immediately if a student is at risk of failing. All reporting policies shall be made public. All reporting of student progress and achievement shall be clear and shall use a variety of formats for communicating (telephone, notes, report cards, conferences, etc.) and, when possible and necessary, multiple languages. Students shall be involved in grading and reporting processes, (e.g., self assessing, participating in parent-teacher conferences, journals).

1.2.4Evaluation of Curriculum, Instruction, and Assessment

A.Each LEA shall have an evaluation plan with timelines for ongoing and formal reviews of curriculum, instruction, and assessment systems. The plan shall include the gathering of both qualitative and quantitative data to make informed decisions about improvements and revisions to the established curriculum, instruction, and assessment systems. The plan shall:

1.Involve educators, community members, and experts in the review process;

2.Describe the evaluation methods and techniques, including activities, timeframe, and use of results;

3.Specify the plan for professional development needed to address any gaps between the written and taught curriculum;

4.Communicate to the public the results of the review; and

5.Develop a plan of action for schools and students not making progress.

B.Each LEA shall ensure that curriculum, instruction, and assessment systems are reviewed and evaluated for effectiveness at least every five years.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2009-07-29 to 01/04/2022
• Technical Revision — effective from 2009-07-29 to 07/29/2009
• Adoption — effective from 2009-07-29 to 07/29/2009

200-RICR-20-10-1 § 1.3 Safe, Healthy, and Supportive Learning Environment

1.3.1Academic Supports and Interventions

A.Academic Supports and Interventions for All Students

1.Each LEA shall ensure that all students have the opportunity and skills necessary to access the systems of developmentally appropriate, targeted, and responsive academic supports and interventions for learning that they need to become college, work, and career ready. These supports and interventions enable the LEA to address the following functions: Foster Safe and Supportive Environments for Students and Staff, Engage Families and the Community, and Use Information for Planning and Accountability.

2.Each LEA shall provide supplemental academic supports and interventions that are evidence-based in the areas of literacy, numeracy, science, social studies, history, and speech and English language acquisition. Such supplemental academic supports and interventions shall be provided to students in K-12 when students are determined, through an LEA systematic problem-solving approach, to be at risk of not successfully achieving proficiency on state assessments and/or Proficiency-Based Graduation Requirements.

3.The academic supports and interventions of each LEA shall:

a.Coordinate with and supplement instruction in the guaranteed and viable comprehensive program of study;

b.Provide sufficient instructional time to enable all students to achieve proficiency in the GLEs or GSEs or alternate GSEs in any area required for graduation, as well as to meet LEA-established standards for promotion;

c.Apply uniform entrance and exit criteria;

d.Address cultural and linguistic needs of students; and

e.Include student progress monitoring through the LEA systematic problem-solving approach.

4.For each student receiving or discontinuing an academic support or intervention, the LEA shall provide written notice to the parent(s) or guardian(s) that must:

a.Describe the academic support or intervention being delivered or discontinued;

b.Describe the systematic problem-solving approach used to identify the student’s need for support or intervention;

c.Describe the exit criteria for the support or intervention; and

d.Be provided in the parent’s native language.

5.Each LEA shall provide for students who are homebound, hospitalized, or capable of only intermittent school attendance for medical reasons, a sufficient degree of academic support, including tutoring if necessary, to allow for regular academic progress in the student’s program of study. These supports shall commence when the LEA becomes aware that the student’s sustained or intermittent absence will result in a significant regression in academic progress.

B.Supports and Interventions through Systematic Problem Solving

1.Each LEA shall provide student-centered, data-driven supports and interventions utilizing a problem-solving process, building on the foundation of a guaranteed and viable comprehensive program of study. This process shall be comprehensive and systematic and focused at the individual student level in order to provide access to supports and interventions as may be necessary at the classroom, school, and district levels to ensure that each student is provided with supports and interventions designed to enable that student to achieve academic success. The LEA shall provide a full continuum of universal, targeted, and intensive supports that are culturally and linguistically appropriate, research-based, and designed to respond to student needs in compliance with the specific requirements for support services described herein.

2.Each LEA shall develop school and district level data-based, decision-making teams. These teams shall review comprehensive assessment data to develop, evaluate and modify academic instruction and support services. Descriptions of such teams shall include the purpose of each team, team composition, and the frequency with which each team meets.

3.The LEA’s problem-solving approach to determine appropriate levels of support and intervention must include identification of student-based issues (specifying both target and actual performance), identification of supports and interventions developed to address those issues, measurements designed to evaluate responsiveness, and the identification of responsible LEA staff.

C.Personalized Learning Environment

1.Each LEA shall ensure that schools will implement strategies for creating personalized environments to optimize learning. Each LEA shall:

a.Establish PK-12 protocols for communication and record sharing that will facilitate successful transition from grade to grade, school to school, district to district, and high school to postsecondary opportunities;

b.Establish structures by which every student is assigned a responsible adult, in addition to a school counselor (where applicable), who is knowledgeable about that student’s academic, career, and social and personal goals; and

c.Establish protocols for the development, implementation and student-based monitoring of Individual Learning Plans.

D.Comprehensive Guidance

1.Each LEA shall establish and maintain a Comprehensive School Counseling Guidance (CSC) Program, including guidance and counseling services, available to all students in grades K-12. Each LEA shall ensure that the CSC Guidance program shall:

a.Be developed and delivered in accordance with the Rhode Island Framework for Comprehensive K-12 School Counseling Programs;

b. Support each student in meeting the American School Counselor Association (ASCA) standards in the academic, career, and personal and social domains;

c. Be a coordinated effort among the professional counseling staff and the rest of the educational community; and

d. Include services to be provided to students at each developmental stage and specify how the services will be provided to all students.

E.Multiple Opportunities for Achieving and Exceeding Proficiency Standards

1.Each LEA shall provide all students with multiple learning opportunities that support meeting proficiency. Each LEA shall:

a.Establish pathways that represent a set of courses and other programs within its guaranteed and viable comprehensive course of study and that provide students with the means to meet their academic and career goals. These pathways shall include Advanced Placement (AP) courses, career and technical programs, dual enrollment, and opportunities for extended applied learning (e.g., internships, job shadowing, and community service learning);

b.Establish processes to ensure that all pathways maintain high expectations for all students and provide all students with the same level of academic rigor;

c.Establish, or provide access to, before and after school programs that provide additional supports and interventions for attaining proficiency; and

d.Establish alternate programs for graduation for youth at-risk, including those students entering LEAs as latecomers. These alternate programs will require a comprehensive and coordinated effort between the LEA and community agencies and must include strategies differing from traditional programs in their use of material, instructional approaches, or concentration of time on skills. Alternate programs may include, but are not limited to, on-line or correspondence courses, day and evening academies, workforce training programs, and adult education.

1.3.2Supportive and Nurturing School Community

A.Each LEA shall ensure that schools create a climate of safety, security and belonging for all students and adults, thereby establishing an environment that builds respectful relationships, enhances productive learning and teaching, promotes school engagement, and promotes academic success. Each LEA shall accomplish this goal by ensuring that each school:

1.Is safe, respectful, and free of discrimination;

2.Establishes protocols for on-going student, family, and community engagement; and

3.Provides expanded learning opportunities and academic enrichment.

B.Safe and Respectful Environment

1.Each LEA shall build a safe and respectful learning environment by addressing the components described in §§ 1.3.2(A) through (F) of this Part.

C.Freedom from Discrimination

1.Each LEA shall identify and remove barriers to students and adults that are based on their race, ethnicity, national origin, language, gender, religion, economic status, disability, or sexual orientation.

2.Each LEA shall comply with all relevant state and federal statutes and regulations regarding discrimination.

D.Right to a Safe School

1.Each LEA shall ensure that students who are on school grounds before, during, and after school, during recess, and during other intermissions are appropriately supervised by adults.

2.Each LEA shall follow state statute that states that each student and staff member has a right to attend or work at a school that is safe and secure, that is conducive to learning, and that is free from the threat, actual or implied, of physical harm.

E.Prevention of Bullying, Harassment, Hazing, Teen Dating Violence, and Sexual Violence.

1.Each LEA shall:

a.Prevent and respond appropriately to incidents of bullying, hazing, teen dating violence, sexual violence, and related issues;

b.Promote nonviolent conflict resolution techniques in order to encourage attitudes and behaviors that foster harmonious relations;

c.Provide professional development, training, resources, and other means to assist students, staff, and other adults in the school building or at school sponsored activities in carrying out these responsibilities; and

d.Comply with relevant state and federal statutes regarding these issues.

F.Positive Behavioral Supports and Discipline

1.Each LEA shall ensure that schools promote a positive climate with emphasis on mutual respect, self-control, good attendance, order and organization, and proper security. Each LEA shall develop protocols that define a set of discipline strategies and constructs that ensure that students and adults make positive behavioral choices and that are conducive to a safe and nurturing environment that promotes academic success.

2.Each LEA shall ensure that:

a.Schools engage in a participatory process (involving students and staff) to assess periodically the school climate and to adopt or develop strategies to improve conditions (see the Board of Education Policy Statement on Student Rights);

b.Students and parents/guardians are notified of district and school rules related to conduct and shall receive regular instruction regarding these rules. In addition, parents/guardians, and students shall be provided with information about early warning signs of harassing and intimidating behaviors, such as bullying, as well as prevention and intervention strategies;

c.Schools provide a structure of incentives that adequately reward students for their efforts and achievements. Attention shall be given to rewarding a diversity of accomplishments and to broadening the availability of rewards;

d.Schools have a clearly delineated system for ensuring compulsory attendance for children six (6) to sixteen (16) that includes:

(1)Procedures for noting daily absenteeism and investigating unexcused absences;

(2)Procedures for noting the required period of attendance of students attending at- home instruction approved by the school committee or at a private day school approved by the Commissioner of Education; and

(3)The appointment of truant (or attendance) officers whose duties shall include referring truant students to appropriate school support services and procedures for enforcing any given case through civil action filed in Family Court;

e.Disciplinary actions are fairly administered for all students and comply with state laws mandating that certain violations be considered on a case by case basis; recognizing that there is no mechanism in Rhode Island law for expulsion of students; and

f.Schools shall provide a continuum of interim alternative educational placement options to continue a student’s education while suspended that ensure the safety of the student and the school community.

G.Student, Family, and Community Engagement

1.Students can offer viable solutions to some of the policy, program, and funding challenges our changing schools face. In addition, it is both possible and desirable to create structures and processes to facilitate student engagement at the district and school levels. Each LEA, therefore, shall:

a.Establish policies, processes, and procedures that facilitate regular (i.e., at least quarterly) participation of a representative group of school youth in discussions regarding how to improve the school environment, curriculum, and instruction to ensure increased access to challenging, hands-on learning experiences and supports and to ensure student success on state and local achievement measures;

b.Document the process of selection and orientation of these youth as well as the proposals that they put forth, how these proposals were evaluated, and the extent to which they were incorporated in LEA decision-making; and

c.Authorize and support youth led events to solicit input from and provide feedback to the larger school community.

2.Each LEA shall provide a broad spectrum of activities, programs, and services that directly involve families in their children’s education and personally engage families in the school. Therefore, each LEA shall adopt the national Parent-Teacher Association (PTA) Standards for Parent/Family Involvement Programs, which state:

a.Communication: Communication between home and school is regular, two-way, and meaningful;

b.Parenting: Parenting skills are promoted and supported;

c.Student Learning: Parents play an integral role in assisting student learning;

d.Volunteering: Parents are welcome in the school, and their support and assistance are sought; and

e.School Decision Making and Advocacy: Parents are full partners in the decisions that affect children and families.

3.Each LEA shall facilitate partnerships with community organizations and agencies, municipal entities, and businesses to meet the needs of students and families. Therefore, each LEA shall establish communication strategies that will engage community partners, including:

a.Ensuring community representation on the school improvement team or other decision-making teams;

b.Identifying and recruiting businesses to provide career exploration activities for students;

c.Soliciting community organizations or business members to mentor students;

d.Facilitating on-site services of local organizations at the school, e.g. counseling, food pantry, tax assistance, legal aid; and

e.Recruiting volunteers from community organizations and businesses.

H.Expanded Learning Opportunities, Academic Enrichment and Adult Education

1.Each LEA shall develop a system for the provision of a broad array of high quality expanded learning opportunities that will that strengthen school engagement, support academic success, and expand all students’ educational experiences. Academic enrichment opportunities shall address diverse learning needs and capabilities, individual interests, connections to the community, and engagement in activities beyond what is provided during the regular school day. These opportunities shall include strategies that differ from those in the regular program either in use of material, instructional strategies or concentration of time on skills. Therefore, each LEA shall:

a.Develop and implement policies and protocols that allow out-of-school time for activities that meet rigorous criteria to fulfill academic, graduation, or credit requirements;

b.Provide students with opportunities for experiential learning, community service, and skill building;

c.Create and maintain working partnerships to ensure that dropouts and youth at risk of dropping out will achieve a high school credential and be ready for work and/or postsecondary education and training or apprenticeship. These shall include, but not be limited to, partnerships with a Department of Labor and Training approved Youth Center, a RIDE approved adult education program, and a state approved provider of wrap-around support services; and

d.Create and maintain an active partnership with a RIDE approved and high performing adult English for Speakers of Other Languages (ESOL) program. The purpose of this partnership is to ensure that older English Language Learners who cannot graduate with their age cohort must have age appropriate opportunities until age twenty-four to complete their secondary education and become proficient in English.

1.3.3Health and Social Service Supports

A.Health, mental health, and social service needs of children and their families may be barriers to academic success. Each LEA shall therefore provide and/or facilitate partnerships with community agencies to provide, on site or through referral, a broad array of services and supports to meet these needs.

B.Health Services

1.Each LEA shall implement and comply with the requirements of the Health Services section of the Rules and Regulations for School Health Programs, addressing school health staff, health and dental screenings, physical examinations, records review and maintenance, medication administration, emergency care, chronic disease care, compliance with immunization regulations, and compliance with any other state or federal health related regulations and statutes.

C.Psychological and Mental Health Services

1.Mental and emotional health issues directly impede students’ abilities to learn. Such issues include bullying, alcohol and drug abuse, depression, anxiety, and domestic violence, as well as psychiatric disorders.

2.Therefore, each LEA shall:

a.Ensure that students have access to a coordinated program of culturally and linguistically responsive psychological and mental health services, on site or through effective referral systems;

b.Ensure that school psychological and mental health services will be provided by appropriately credentialed, high quality staff. Services must provide for identification of risks and assessment of service needs; primary prevention; individual, family, and group counseling; consultative services; and resource and service coordination; and

c.To the extent practicable, ensure that schools coordinate with community youth development, prevention, and treatment efforts.

D.Social Services

1.Research indicates that when families’ basic needs are met, there is a higher likelihood that the students will succeed in school. Therefore, each LEA shall ensure that effective outreach strategies will be utilized to support families’ access to health and social services through on-site services and/or through effective referral systems to. These strategies shall:

a.Be driven by needs identified through school and community data;

b.Be family centered;

c.Be provided in a respectful and culturally responsive manner;

d.Be provided in the family’s native language, to the extent practicable;

e.Address a comprehensive array of issues, including but not limited to hunger, housing, homelessness, health insurance, employment, pregnant and parenting teens, family illness, child abuse and domestic violence, legal issues, and issues related to foster care and Department of Children, Youth and Families (DCYF) custody; and

f.Help families to navigate social service systems and access community resources.

E.Physical Activity and Nutrition Services

1.Research shows that students are better able to learn when they are engaged in regular physical activity and receive adequate and proper nutrition. Therefore, each LEA shall:

a.Ensure the provision of statutorily required, standards-based instruction in physical education;

b.Implement a policy for physical activity and nutrition and a plan to address the physical activity and nutrition needs of students;

c.Provide daily recess opportunities for students in grades Kindergarten through grade 5;

d.Provide a variety of physical activity opportunities to students in grades 6 through 12, such as stretch breaks, dance programs or classes, intramural athletics, interscholastic athletics, or other activities; and

e.Ensure that schools implement and comply with state and federal statutes and regulations that promote good nutrition, including those related to school food service programs and snacks.

F.School Safety Planning and Emergency Procedures

1.Each LEA shall protect the health and safety of students and staff, through the implementation of comprehensive school safety planning and the development of emergency procedures to address a wide range of potential emergency situations, including, but not limited to, incidents of fire, natural disasters, violence, disease related crises or epidemics, terrorism, and hazardous material spills.

2.Each LEA shall develop plans that include prevention, planning, communication, response, and recovery. School and district personnel shall work with state and local emergency personnel, as appropriate, in the planning and implementation of safety plans.

1.3.4Safe and Healthy Physical Environment

A.The school facilities -- consisting of the site, building, equipment, and utilities – are major factors in the functioning of the educational program. The facilities provide more than a place for instruction; they assist or limit the potential for student achievement of desirable learning outcomes. High performing schools provide high quality learning environments, conserve natural resources, consume less energy, are easier to maintain, and provide an enhanced community resource. Above all, a high performing school provides an environment that enhances the primary mission of schools: the education of future citizens.

B.Each LEA shall recognize and promote the belief that 21st century high performing school facilities must provide a physical environment that contributes to the successful conduct of the program that has been designed to meet the educational needs of students. This requirement encompasses provisions for a variety of areas for instruction and for extra class, recreational, and community activities.

C.Each LEA shall ensure that buildings are adequate to meet current demands as required by the Rhode Island Standards for School Buildings and Facilities (“SBC-13”) and § 1.4.2(D) of this Part. The spaces within each building should be sufficiently flexible to provide for multiple uses of the area in the overall educational and activity programs. The facilities shall have adequate space with respect to student enrollment, the instructional program, and necessary administrative and supporting services. As such:

1.Each classroom or laboratory shall be adequate to serve the specific purpose for which it is intended and shall have sufficient area to accommodate each student.

2.Each school shall maintain a designated area that affords access to library-media resources, as appropriate to the age of students in the school.

3.Storage space, such as a safe-designated area, shall be provided so that materials and equipment may be securely stored in a space other than in student instructional areas. Storage of hazardous materials shall be in accordance with OSHA requirements.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2009-07-29 to 01/04/2022
• Technical Revision — effective from 2009-07-29 to 07/29/2009
• Adoption — effective from 2009-07-29 to 07/29/2009

200-RICR-20-10-1 § 1.4 Administration, Management, and Accountability of the Local Education Agency

1.4.1Accountable Management

A.Leading the Focus on Student Learning and Continuous Improvement

1.At all levels of the LEA system, leadership shall focus on student learning and development and create educational environments conducive to learning. LEA leadership shall establish and communicate agreed upon standards for student learning and development, based on relevant state grade level and grade span expectations, that reflect both the disciplinary content of critical subjects—including career and life related subjects--and the essential thinking skills required to explore, invent, develop, and communicate important intellectual products within these subjects. In addition, LEA leadership shall ensure that all management and operating systems are focused on student learning and achievement.

2.The primary method for leadership to achieve the focus on student learning is the management of a continuous improvement process, which consists of the following five elements:

a.Collect relevant qualitative and quantitative data to assess performance in relation to measurable expectations;

b.Use available data to measure gaps in current performance of students, educators, and systems against state standards;

c.Develop and disseminate integrated school and LEA level plans that clearly describe what each person involved in the plan should do;

d.Implement improvement plans with fidelity and sufficient resources, including time; and

e.Monitor and evaluate the effectiveness of improvement efforts using relevant qualitative and quantitative data and make such reports publicly available.

B.Management Duties and Responsibilities

1.The LEA is ultimately responsible for operating a system of education and support services that is reasonably designed and adequately resourced to achieve compliance with all aspects of the BEP. The primary responsibility of the administration is the leadership and management of the educational system at multiple levels.

2.Each LEA shall employ a chief executive, under the direction of the established governing board, who is responsible for the leadership, management, operation, and accountability of the LEA and who shall be the chief administrative agent and highest ranking education professional employed by the governing board. The chief executive shall provide the vision and educational leadership for creating a high performing education system that is focused on student learning and development. Within the parameters of law, the chief executive shall assign administrative and supervisory personnel, including building level leadership to assist in the effective management of the LEA. Although the chief executive may delegate appropriate powers and duties so that operational decisions can be made at various administrative levels, he or she is accountable for the execution of these powers and duties.

3.The chief executive shall comply with provisions of federal and state law, including the full implementation of the BEP, as well as with applicable municipal charter provisions and with all ordinances and directives of the Commissioner of Elementary and Secondary Education. Under the supervision of the governing board, the chief executive shall exercise his or her management authority to accomplish the following responsibilities that are deemed by the Board of Education to be essential to the mission of implementing a statewide system of public education:

a.Planning and Evaluation: The chief executive shall effectively accomplish system-wide planning and evaluation, including:

(1)Implementation of policies and strategic plans developed in conjunction with and approved by the governing board, as well as development and implementation of administrative procedures necessary to implement board policy;

(2)Establishment and implementation of district wide plans and programs that are applicable to all schools; identification of roles and responsibilities for carrying out such plans that will entail analysis of the plans and leveraging and engaging partners to accelerate improvement efforts; and,

(3)Evaluation of the effectiveness of educational plans, policies, and programs to meet the needs of the students of the LEA, including implementing the governing board’s policies concerning curriculum and ensuring the availability of multiple pathways of instruction, student support systems, textbooks, and local assessment systems in order to provide a guaranteed and viable curriculum for all students.

b.Organizational Structure: The chief executive shall establish an academic organization within the LEA in order to ensure continuous improvement of learning and teaching, including:

(1)Establishment and implementation of annual and daily school calendars based on the learning needs of students;

(2)Creation of building and staffing plans based on the educational program needs of the LEA;

(3)Establishment and implementation of grade and program organizations within the levels of the LEA that ensure that students achieve proficiency on all state achievement standards;

(4)Establishment of structures to ensure communication and collaboration among constituency groups to assist in the development and implementation of programs and policies; and

(5)Establishment and implementation of specific procedures, internal controls, and timelines designed to provide the state with written assurances that the LEA goals and objectives will be met.

c.Information: The chief executive shall oversee a comprehensive information system of data collection, analysis and reporting, including relevant achievement criteria and measurement sufficient to inform the LEA about its progress in improving student learning. To that end, the information system shall support meaningful communication and professional learning.

d.Human Capital: The chief executive shall oversee administration of the personnel function consistent with personnel standards, policies, and the table of organization established by the governing board that includes: policies and procedures for recruiting, supporting and retaining highly effective staff; ongoing supports to improve the effectiveness of staff; cohesive professional development; and evaluation of personnel performance.

e.Fiscal Oversight: The chief executive shall oversee the development and adoption of a responsible budget with spending priorities that reflect the LEA strategic plan and that is focused on student learning and continuous improvement.

f.Facilities Oversight: The chief executive shall oversee the administration of an operational and maintenance program that will ensure that all educational facilities and transportation programs are efficiently operated, properly maintained, and in a safe condition for students, staff, and the community.

g.Communication: The chief executive shall lead the development and implementation of a comprehensive system of communication that ensures that all district staff, parents, guardians, and the community at large are fully informed regarding the goals, programs, opportunities, achievements, and needs of the education system. To that end, the chief executive shall articulate educational issues and values to district staff, the community and other governmental agencies. He or she shall be accessible to community members and shall work with them to further the LEA goals and to build a strong, positive community commitment to public education.

4.In performing his or her management responsibilities, the chief executive shall adhere to the operational requirements outlined in § 1.4.2 of this Part.

1.4.2Accountable Operational Systems

A.Information

1.A comprehensive, integrated information system is essential to the creation and support of a 21st century learning environment. High quality information systems allow the collective LEA community to continuously improve. High quality information systems enable accurate and reliable data collection, analysis, and reporting.

2.The LEA shall provide data and reports as are required by federal or state law and Board of Education regulations or as are necessary for ensuring all aspects of accountability. These data and information shall provide the basis for meaningful comparisons of data by the LEA. These data and information will also provide the basis for the information required to set policies, align resources, and ensure equality of educational opportunities. The LEA shall provide appropriate access to its information systems and shall utilize all state and federal data systems necessary to implement its information system.

3.Information systems enable the LEA to address the following functions: Lead the Focus on Learning and Achievement; Use Information for Planning and Accountability; and Engage Families and the Community. Information Systems shall adhere to state and federal laws regarding open records, public access, security, and confidentiality, as applicable. The system shall interface with various types of communications networks and shall be designed to accommodate anticipated advances in technology, to the greatest extent possible.

4.The LEA shall develop and adequately maintain comprehensive, accessible, and transparent information systems with specific implementation strategies that address the following components:

a.Student Learning

(1)The information system shall promote achievement of the academic standards in the classroom and lifelong learning and success in our digital society; enhance student acquisition of technology and information literacy skills needed to succeed in the classroom, higher education and the workplace; ensure that each student has sufficient access to technology to support achievement of the academic standards; promote learning, including English language acquisition; and foster remediation to enhance student learning and close achievement gaps.

b.System Efficiency and Effectiveness

(1)The information system shall improve student achievement data collection, analysis, reporting, and decision making; maintain and improve the LEA student record keeping and assessment efforts; maintain and enhance personnel and fiscal records and functions; maintain and enhance governance, operations, and administration; and promote cost effective sharing of informational resources.

c.Communication and Support

(1)The information system shall facilitate and improve meaningful communication between and across all members of the school community; support intra-district dialogue that addresses mutual expectations; maintain and improve routine operations that enhance accessibility for end users, and connect the school community to local, state, and global networks and supports.

d.Technical Support

(1)The information system shall provide ongoing support on interpreting and using information for planning, professional development and continuous improvement and shall enable staff to exchange ideas with peers and to establish communities of practice.

B.Human Capital

1.Improving achievement requires recruitment of talented educators driven by strategic human capital management. Human capital management involves the practices of recruiting, developing, rewarding and retaining talented and demonstrably successful staff. The human capital management system enables the LEA to address the following functions: Recruit, Support and Retain Highly Effective Staff; Use Information for Planning and Accountability, and Ensure Equity and Adequacy of Fiscal and Human Resources. In order to effectively meet these functions, each LEA shall maintain control of its ability to recruit, hire, manage, evaluate, and assign its personnel.

2.Each LEA shall develop, implement, and monitor a human capital management system that is connected to its educational improvement strategy, and supports the people with the knowledge and skills necessary to execute that strategy. Human capital management systems shall adhere to standards and state regulations that relate to professional knowledge, skills, and competencies expected of all staff. Human capital management systems shall contain the following components:

a.Policies and Procedures to Recruit, Support, and Retain Highly Effective Staff.

(1)The LEA shall establish a set of policies and an array of strategies to recruit, hire, and retain highly effective district and school personnel; said policies and strategies shall align to district needs, focus on screening methods for determining candidate knowledge and skills to match the needs of the LEA, promote early identification of openings, use research-based protocols and incentives to address LEA related factors affecting retention and its impact on mobility trends, and address staffing low performing schools with highly effective and experienced staff.

(2)The LEA shall establish effective procedures for ensuring the completeness and security of personnel records and files for all of its employees. The LEA shall provide for proper storage, retention, and access. Each LEA shall have a policy for the examination of personnel records by individual employees. All personnel records shall adhere to state and federal laws regarding open records, public access, security, and confidentiality, as applicable.

b.Ongoing Supports to Staff

(1)Staffing schools and districts with qualified and effective personnel requires a systems approach that allows support for all staff throughout their professional careers. The LEA shall provide differentiated support to all staff. These supports shall include induction programs to support the developing proficiencies for new staff and staff serving in new assignments, mentoring and coaching to enhance professional learning and to foster peer relationships, job embedded professional development for continuous improvement, a compensation system reasonably related to achieving the purposes of these regulations, and a targeted support system for staff in need of improving their performance.

(2)Each LEA shall develop and implement policies and protocols that promote the health of school employees to support their overall well-being and their performance as educators and role models, including, as necessary, wellness programs, employee assistance programs, referral systems, and/or other services or supports as may be needed to help school staff maintain healthy lifestyles.

c.Cohesive System of Professional Development

(1)Effective professional development is planned systematically, driven by multiple sources of data and designed with input from staff. It is job embedded and considers an individual’s growth needs as well as district and school improvement goals. A cohesive system of professional development is designed to affect student achievement and overall student success as well as to enable professional growth. It shall be informed by analysis of district needs and aligned with state expectations for student proficiency and professional standards. The LEA shall require all staff to participate in professional development that is structured and coordinated to ensure that all support staff meet their individual as well district goals. The LEA shall monitor and evaluate the effectiveness of professional development and make necessary changes to support individual growth and the effectiveness of resources.

d.Evaluation of Personnel Performance

(1)Appraising personnel performance and quality is an extremely important factor affecting student learning. The LEA shall establish a set of clearly detailed and widely disseminated policies and procedures for the supervision and evaluation of all staff. These policies and procedures shall include personnel policy statements, job descriptions that outline job functions and responsibilities, and assignment and discipline of all LEA staff.

3.In order to ensure that all staff show consistent positive impact on student learning, the LEA shall have a formal evaluation process that is completed on a regular basis and is compliant with applicable legal requirements. The evaluation system promotes the growth and effectiveness of staff, provides feedback for continuous improvement, and includes processes for disciplinary action and exiting of ineffective staff. The evaluation system shall be developed, implemented and managed by persons with the necessary qualifications, skills, and training. The evaluation system shall be described in sufficient detail so that it is clear who is responsible and what is expected.

C.Fiscal Oversight

1.Each LEA shall ensure the fiscal health of the LEA and provide public accountability through the adoption of sound fiscal policies and oversight of the LEA financial condition. Furthermore, the LEA shall ensure that the financial systems support the LEA mission that includes goals for student achievement and a high quality educational program. Fiscal oversight enables the LEA to address the following functions: Ensure Equity and Adequacy of Fiscal and Human Resources and Use Information for Planning and Accountability. To accomplish this, the following components must be in place:

a.Efficient and Effective Finance System

(1)Each LEA shall adopt and maintain a financial accounting system, in accordance with Generally Accepted Accounting Principles (GAAP), the Governmental Accounting Standards Board (GASB), and the Financial Accounting Standards Board (FASB), and with requirements prescribed by the Commissioner of Education, in which all revenue and expenditure data shall be recorded. This system shall be the basis for the periodic reporting of financial data by the LEA to the Department of Elementary and Secondary Education.

(AA)Each LEA shall use the best available techniques of long range planning, budget development, and budget administration and shall establish efficient procedures for accounting, reporting, purchasing, contracting, making payments, auditing, maintaining fixed assets, and fulfilling all other areas of fiscal management. These procedures will be accomplished by:

(i)Developing budget policies and strategies for optimal protection, investment, and allocation of resources;

(ii)Managing the federal grants process for integrating federal, state, and local resources and for ensuring timely reconciliation of accounts and submission of federal grant reports;

(iii)Ensuring that all financial transactions are in compliance with generally accepted accounting principles as well as with internal policies and procedures;

(iv)Maintaining a cash management process that ensures timely, accurate drawdown of funds;

(v)Developing appropriate procedures and policies for procurement as well as for managing bids and contracts;

(vi)Monitoring of cash flow, revenue, budget, and expenditures on an ongoing basis; and,

(vii)Providing a quarterly upload of financial data to the Department of Elementary and Secondary Education.

2.Each LEA shall utilize a financial accounting system that permits the reporting of all school LEA revenues and expenditures in accordance with the Uniform Chart of Accounts as issued by the Office of the Auditor General and the Department of Elementary and Secondary Education. This system shall integrate with other key systems, including those for human resources, payroll, and asset protection.

3.Each LEA shall maintain an adequate system of internal controls and shall establish and document such policies and procedures as are necessary to ensure an effective management system for the accountability of funds administered by the LEA. Internal controls shall promote operational efficiency and effectiveness, provide reliable financial information, safeguard assets and records, encourage adherence to prescribed policies, and comply with applicable statutes and regulations.

D.Audit and Accountability

1.In accordance with state law, municipalities and regional school LEAs shall engage an independent certified public accountant to make a detailed post audit of their financial records. LEAs that are part of the primary government of a municipality shall be included in the post audit of the municipality and shall not be required to obtain a separate post audit.

a.Annual audits of municipalities and LEAs shall be conducted in accordance with generally accepted auditing standards and government auditing standards.

b.The selection of auditors is subject to final written approval by the State Auditor General. Municipalities and school LEAs shall not engage auditors nor shall they contract for their services until such written authorization is received from the Auditor General.

c.Each LEA shall, within six months of the close of its fiscal year, arrange for and undergo an independent audit of its financial records and submit the report of this audit to the Office of the Auditor General, the state Director of Administration, and the Department of Elementary and Secondary Education, no later than December 31 of each year.

d.In conjunction with the audit process, independent auditors shall also audit the compliance of an LEA with the Uniform Chart of Accounts (UCOA). A special report, due no later than December 31 of the year, shall be provided to the Office of the Auditor General and to the Department of Elementary and Secondary Education.

e.The Department of Elementary and Secondary Education shall conduct review and follow-up procedures to ensure that audit exceptions are evaluated and appropriate actions are taken. The Commissioner of Education shall be notified of any material and significant findings that reflect on the ability of the LEA to provide a high quality education or that indicate that progress toward satisfactory resolution is not being made.

E.Facilities Oversight

1.LEA facilities, consisting of the site, building, equipment, and utilities, are major factors in the functioning of the educational program. The LEA facilities provide more than a place for instruction; the physical environment assists or limits student achievement of desirable learning outcomes. Facilities oversight enables the LEA to address the following functions: Foster Safe and Supportive Environments for Students and Staff and Ensure Equity and Adequacy of Fiscal and Human Resources.

2.The 21st century high performing LEA must provide physical environments that contribute to the successful performance of educational programs designed to meet students’ educational needs. The buildings must be adequate to meet current demands as required by the Rhode Island Standards for School Buildings and Facilities (“SBC-13”). The spaces within must be sufficiently flexible to provide for multiple uses of the area, including educational and non-educational programs. The facilities shall have adequate space with respect to student enrollment, the instructional program, and necessary administrative and supporting services. The facilities oversight system shall adhere to standards and state regulations and shall address the following:

a.Facilities Planning, Coordination, and Maintenance

(1)Each LEA shall prepare a long range Educational Facilities Master Plan (EFMP), with annual revisions and updates that address all facilities under the control of the district and that is aligned with the Capital Improvement Program (CIP). The LEA shall develop methods and procedures to coordinate their facility planning with local governments and related comprehensive community plans. The LEA shall develop a Comprehensive Maintenance Plan (CMP) with annual revisions and updates, using the template provided in the School Housing Aid and School Construction Regulations.

b.Safe, Healthy, and Sanitary Physical Environments

(1)All school facilities, which shall include buildings, grounds, and equipment necessary for the provision of instructional programs, shall be operated and maintained in safe, healthful, and sanitary condition. The physical environment of all schools shall be in compliance with local, state, and federal standards, codes, laws, and regulations regarding health and safety, accessibility, and energy conservation. Each LEA shall have a chemical hygiene plan.

c.Adequate Facilities to Promote Student Learning and Development

(1)LEA facilities shall be sufficiently flexible to provide for multiple uses of the area in regard to both educational and supplementary activity programs. The facilities shall have adequate space with respect to student enrollment, the instructional program, and necessary administrative and supporting services. Instructional environments, including classrooms, laboratories, library-media centers, and recreational facilities, shall be adequate to serve the specific purpose for which they are intended, shall have sufficient area to accommodate each student, and shall afford access to resources as appropriate to the age of the students in the school.

F.Communications

1.Each LEA shall develop, implement, and monitor a comprehensive system of communication that ensures that parents, guardians, and the community at large are fully informed regarding the goals, programs, opportunities, achievements, and needs of the education system.

2.Communication systems enable the LEA to address the following functions: Lead the Focus on Learning and Achievement; Use Information for Planning and Accountability and Engage Families and the Community. Each LEA shall develop and implement a written comprehensive communication plan that establishes the guidelines and procedures for the design, implementation, monitoring, and revision of the district wide communication system. The comprehensive communication plan shall address the following:

a.Strategies to fully inform parents, guardians, and students of their individual rights under state and federal laws as well as to keep the public fully informed about the goals, programs, opportunities, achievements, and needs of the education system in a timely manner and in a culturally and linguistically responsive format;

b.Communication methods that accommodate the needs of all members of the public, including the visually or hearing impaired, those whose primary language is not English, and those with other special needs;

c.Opportunities for the public to give input on LEA issues and operations;

d.Strategies for ensuring that staff members are responsive to requests by parents, guardians, and members of the public for information or assistance and for providing staff members with professional development regarding service to the public, parental engagement, and community relations;

e.The organizational structure for implementing the communication strategies throughout the school community and within and across the district and its schools; and

f.The process for approval, review (based on data and information collected regarding the efficacy of the LEA communication system), revision, and renewal of the LEA communication plan.

1.4.3Accountability for Continuous Improvement

A.Accountability for Continuous Improvement

1.Rhode Island has incorporated the accountability requirements set forth in the No Child Left Behind Act into its existing state system as set forth in the Comprehensive Education Strategy (CES). This unified system serves as the basis for classifying schools and districts based on whether the schools have met Annual Measurable Objectives (AMOs) on the state assessments for English language arts and mathematics and other indicators of progress.

2.Each LEA shall develop, implement, monitor, and evaluate an accountability system, using information from multiple sources, to inform analysis of the many aspects of the education system. Relevant data shall consist of a combination of contextual and demographic information, measures of student learning, curriculum and instruction strategies and practices, and perceptual or evaluative data.

3.The accountability system shall:

a.Include the processes and written plans described in §§ 1.2.3(A) and (B) of this Part for a comprehensive assessment system and identified in § 1.3 of this Part for systemic problem solving;

b.Specify policies, procedures, and strategies for public reporting that comply with state and federal reporting requirements and ensure broadly accessible and timely dissemination of information;

c.Establish procedures by which a thorough self-study of the district functions and capacities for continuous improvement, as stated in § 1.4.1 of this Part shall be conducted using criteria established by the Commissioner of Education, as indicated in § 1.4.3 of this Part; and,

d.Include development of a plan that demonstrates how the LEA will use self-study findings to inform allocation of resources, strategic planning, and differentiated supports to schools.

B.Intervention and Support

1.Based on the accountability system described above, the LEA shall design a system of differentiated supports and interventions for schools that are not closing achievement gaps, are not continuously improving, or are not reaching state performance standards. The differentiated system of supports shall include specific strategies and investments that address:

a.Leadership. Strengthening hierarchical and distributive leadership capacity to accelerate performance;

b.Personnel. Changes or enhancements to staffing, professional development, mentoring, technical assistance, peer observation, and modeling effective practices;

c.Infrastructure. Modifications in organizational structures, processes, resources, and materials that serve as barriers to improvement; and,

d.Content. Intensifying academic and developmental programs, practices, and initiatives, based on scientific research.

2.The LEA shall develop a district action plan and individual school plans that identify and develop solutions that take into account the underlying causes for low performance by students, set forth a detailed and adequately resourced implementation strategy, and provide for evaluation of the improvement efforts. These plans shall be disseminated to the public in a timely manner.

3.Failure to increase student performance to target levels at the school level shall result in increased LEA oversight responsibility on a year to year basis. Consecutive years without demonstrated improvement shall result in state intervention and decreased local authority. In cases in which there is insufficient LEA leadership capacity to implement these directives, the LEA must communicate said lack of capacity to the Commissioner of Elementary and Secondary Education.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2009-07-29 to 01/04/2022
• Technical Revision — effective from 2009-07-29 to 07/29/2009
• Adoption — effective from 2009-07-29 to 07/29/2009

200-RICR-20-10-1 § 1.5 Definitions

A."21st century learning environment" means, in a 21st century learning environment all students are able to learn, instruction is engaging, interactive, contextual in the real world, student centered and differentiated for individual learners needs; 21st century tools and technologies are integrated into the learning process; systems (technological and otherwise) are student and learning focused; and personnel engage in continuous professional growth to maintain their skills and knowledge.

B."Alternate assessment (RIAA)" means an assessment for the small number of students who cannot participate in large-scale assessments even with accommodations. The RIAA is based on Alternate Assessment Grade Span Expectations (AAGSEs) in reading, mathematics, science, and writing that are an extension of the NECAP Grade Level Expectations (GLEs).

C."Annual Measurable Objectives (AMOs)" means a set of state-established benchmarks for monitoring changes in performance among and across student subgroups, schools, and districts. States established the objectives as part of Adequate Yearly Progress (AYP) required by the federal No Child Left Behind Act

D."Capital Improvement Program (CIP)" means a long-range plan, typically five years, which identifies capital needs in a district and provides a funding schedule and timeline for implementation.

E."Comprehensive assessment system" means a system that draws on data from the state/national level, the district/school level, and the classroom level to a) improve education, b) determine success, and c) provide feedback to relevant stakeholders (e.g., students, teachers, policy makers, the community). Components of the assessment system include:

1."Formative assessments" mean the processes used by teachers and students during instruction that provide feedback to adjust ongoing teaching and learning to improve students’ achievement of intended instructional outcomes;

2."Interim assessments" mean the assessments that fall between formative and summative assessment and are used to evaluate students’ knowledge and skills relative to a specific set of academic goals; and

3."Summative assessments" mean assessments generally given at the end of some unit of time such as the semester or school year to evaluate students’ performance against a defined set of content standards. (Achieve/Aspen Center for Achievement).

F."Comprehensive education strategy" means the state's blueprint for comprehensive system-wide restructuring of the state's public schools. There are two central themes within CES: Improving Teaching and Learning and Creating Responsive and Supportive Systems.

G."Curriculum mapping" provides a timeline for instruction that is typically organized into blocks of time, (e.g. monthly, quarterly). The map outlines prerequisite skills and knowledge, benchmarks, goals and alignment of standards between grades and courses in order to ensure that all students have the opportunity to learn all agreed upon standards.

H."Differentiated instruction" means to recognize that students have varying background knowledge, readiness, learning styles, interests and abilities in the same class. The model requires teachers to be flexible in their approach to teaching by adjusting the format and presentation of information to learners so that they can access the same curriculum. It requires a blend of whole class, group, and individual instruction.

I."Dual enrollment" means a successful acceleration mechanism that allows high school students to pursue an advanced curriculum related to their postsecondary interests.

J."Financial Accounting Standards Board” means an organization whose mission is to establish and improve standards of financial accounting and reporting for the guidance and education of the public, including issuers, auditors, and users of financial information.

K."Generally accepted accounting principles" means a term used to refer to the standard framework of guidelines for financial accounting used in any given jurisdiction.

L."Governmental Accounting Standards Board" means a board with a mission establish and improve standards of state and local governmental accounting and financial reporting that will result in useful information for users of financial reports and guide and educate the public, including issuers, auditors, and users of those financial reports.

M."Grade span and grade level expectations" means:

1."Grade Span Expectations (GSEs)" – at any grade – represent content knowledge and skills that have been introduced instructionally at least one to two years before students are expected to demonstrate confidence in applying them independently.

2."Grade Level Expectations (GLEs)" differentiates performance on concepts, skills, or content knowledge between adjacent grade levels, and as a set, lead to focused, coherent, and developmentally appropriate instruction without narrowing the curriculum.

N."Guaranteed and viable curricula" means a curriculum that provides both the opportunity and time for students to learn. It ensures that the curriculum is implemented consistently by all teachers to all students. It is based on a commitment from the districts and its schools that the written, taught, and learned curriculum is aligned so that all students learn agreed upon standards.

O."Individual learning plans" means a planning and monitoring tool that helps to customize and direct students’ goals and development in three domains: academic, career, and personal/social.

P."Individualized Education Program” or “IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with federal law.

Q."Induction programs" mean the vehicles that facilitate systemic sustained enhancement to school culture and the teaching profession. These programs combine mentoring, professional development and support, and evaluation for at least the first two years of a beginning educator’s professional career.

R."Local Educational Agency (LEA)" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools.

S."No Child Left Behind Act" means the No Child Left Behind Act of 2001 (NCLB) reauthorized the Elementary and Secondary Education Act (ESEA) -- the main federal law affecting education from kindergarten through high school. NCLB is built on four principles: accountability for results, more choices for parents, greater local control and flexibility, and an emphasis on doing what works based on scientific research.

T."Performance Based Graduation Requirements (PBGR)" means a set of uniform requirements that is consistent with the high school regulations, GLEs / GSEs and State Scholars Initiative.

U."Personalization" means a learning process in which schools help students assess their own talents and aspirations, plan a pathway toward their own purposes, work cooperatively with others on challenging tasks, maintain a record of their explorations, and demonstrate learning against clear standards in a wide variety of media, all with the close support of adult mentors and guides.

V."Personalized Learning Plan (PLP)" means a plan of action used to accelerate a student’s learning in order to move toward grade level reading proficiency.

W."Positive behavior supports" means a set of practices used to organize teaching and learning environments and experiences for students which facilitate the student’s successful self-awareness, self-management, and engagement with others and with the learning process.

X."Response to Intervention (RTI)" means seeking to prevent academic failure through early intervention, frequent progress measurement, and increasingly intensive research-based instructional interventions for children who continue to have difficulty. In middle level schools and high schools there are three levels, or “scaffolds,” of support for improving all students’ reading.

Y."Scaffolded literacy" means the three levels of support for improving all students' reading:

1.A school-wide discipline-specific program for all students,

2.Targeted literacy supports for students reading more than one and up to two years below grade level, and

3.Intensive literacy intervention for students reading more than two years below grade level.

Z."Site-based leadership" refers to building-level leaders (e.g. principals, school improvement team members, parents, teachers) who are responsible for creating educational environments conducive to student learning and making decisions that promote student achievement.

AA."Uniform chart of accounts" means a uniform system of numbers used to account for all of the revenues and expenditures in schools.

BB."Universal design" means the design of products and environments to be useable by all people, to the greatest degree possible, without the need for adaptation or specialized design.

CC."W-APT (WIDA Access Placement Test)" means a test designed to help schools provide ELL students with the most appropriate instruction given the student's knowledge of English.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2009-07-29 to 01/04/2022
• Technical Revision — effective from 2009-07-29 to 07/29/2009
• Adoption — effective from 2009-07-29 to 07/29/2009

200-RICR-20-10-2 Secondary Design: Middle and High School Learning Environments and the Rhode Island Diploma System

200-RICR-20-10-2 § 2.1 Definitions

A.As used in this Part, the following words and terms have the following meaning, unless the context indicates another or different meaning or intent:

1.“All Course Network (ACN)”, formerly the Advanced Course Network, means RIDE’s statewide system to provide students from all communities the opportunity to enroll in coursework that is not provided locally at their school. ACN providers include other schools and districts, colleges and universities, job training programs, and non-profit organizations. The purpose of the ACN is to provide every child the opportunity to participate in learning experiences that align to their personal goals and passions. The ACN shall be considered a supplemental resource to support schools in meeting the unique needs of every student.

2.“Applied learning skills” means the cross-curricular, skills that students are expected to learn, acquire, and apply over the course of their K-12 education. This may include but is not limited to communication, creativity, problem-solving, critical thinking, research, reflection and evaluation, and collaboration. Applied learning skills can be demonstrated in the classroom and in non-classroom settings, including but not limited to work-based learning experiences, and community service.

3.“Advisory structure” means a structure or structures for stable groups of students to meet regularly throughout the academic year with at least one assigned adult in an environment with sufficient time and opportunity to support student achievement in the academic, career, and personal/social domains.

4.“Career and Technical Education (CTE)” means organized academic and work-related education that offers students opportunities for career awareness, exploration, and career preparation focused on providing them with the academic and technical knowledge and work-related skills necessary to be successful in postsecondary, training activities and employment as defined by Part 3 of this Subchapter, Regulations Governing Career and Technical Education in Rhode Island.

5.“Career and Technical Education (CTE) program” means career preparation programs as defined by Part 3 of this Subchapter, Regulations Governing Career and Technical Education in Rhode Island.

6.“Caregiving youth” means school-age children who provide ongoing assistance with tasks on a regular or daily basis to relatives or household members related to aging, childcare, disability, and physical or mental illness.

7.“Commissioner” means the commissioner of elementary and secondary education or designee.

8.“Common planning time” means regular, scheduled opportunities provided to teachers to work in disciplinary and/or interdisciplinary teams for the purpose of improving student achievement.

9.Computer science" means the study of computers and algorithmic processes, including their principles, their hardware and software designs, their implementation, and their impact on society.

10.“Concurrent enrollment” means enrollment of a student in a college-level dual enrollment course that is offered at the secondary school and taught by a secondary school teacher who is approved by the postsecondary institutions as defined by Part 10-00-1 of this Title, Regulations for Dual Enrollment.

11.“Core content areas” means English language arts, mathematics, science, social studies, the arts, world language, physical education and health, and computer science.

12.“Credit” means successful demonstration of competencies in a connected series of lessons and learning experiences that:

a.Establish and achieve expectations defined by recognized content standards that is supported by a high-quality curriculum, as required by the BEP and State statute,

b.Provide students with opportunities to learn and practice skills; and,

c.Include assessments of student knowledge and skills adequate to determine proficiency at the level of academic rigor required by relevant content standards.

d.The awarding of credit is earned by demonstrating competency as established by applicable standards. The awarding of credit is not bound by seat time or instructional minute requirements.

13.“Course catalog” means a list of courses offered to students during a given timeframe, typically including course name, description, pre-requisites, and instructor.

14.“Council designation” means the recognition of achievement that expresses a greater level of achievement consistent with a standard set for this purpose by the Council on Elementary and Secondary Education. Designations approved by the Council on Elementary and Secondary Education shall include but not be limited to documentation of student achievement of statewide English Language Arts (ELA) and Mathematics (math) standards and documentation of student completion of a defined program of study consistent with a personal learning goal.

15.“Diploma plus credentials” mean learning experiences that are validated through credentials recognized in school accountability and include, but are not limited to, dual and concurrent enrollment credit, industry recognized credentials as established by CTE program standards, and a qualifying score of three (3) or higher on an Advanced Placement exam.

16.“Diploma requirements” means the diploma requirements that will take effect with the Class of 2028. Students will be required to meet the following elements to earn a diploma:

a.Successful completion of State and local credit requirements; and,

b.Successful completion of real-world relevant proficiency requirements,

c.Successful completion of college and career ready requirements, and

d.Successful completion of a performance-based diploma assessment.

17.“Diploma system” means the comprehensive set of structures, processes, and policies required in all secondary schools to ensure access to rigorous programming and appropriate supports that prepare all students for success in college, careers, and life.

18.“Dual enrollment” means enrollment of a student in a secondary school while simultaneously enrolled part-time or full-time as a non-matriculating student at a postsecondary institution, such as a community college, college, or university as defined by Part 10-00-1 of this Title, Regulations for Dual Enrollment.

19.“Curriculum” means a standards-based sequence of planned experiences where students practice and achieve proficiency in content and applied learning skills. Curriculum is the central guide for all educators as to what is essential for teaching and learning, so that every student has access to rigorous academic experiences. The structure, organization, and considerations in a curriculum are created in order to enhance student learning and facilitate instruction. Curriculum must include the necessary goals, methods, materials and assessments to effectively support instruction and learning. Schools are required to provide a guaranteed and viable curriculum, as established by the Basic Education Program, and State statute.

20.“Flex credit” means an academic credit that is designed to increase real-world relevant learning for students by providing standards-aligned instruction that incorporates at minimum two (2) subject areas into credit to connected student learning experience. Flex credits shall be used to promote student engagement and shall not compromise rigor and applicable academic standards.

21.“Individual learning plan” or “ILP” means a planning and monitoring tool that customizes and directs students’ goals and development in three (3) domains: academic, career, and personal/social.

22.“Local education agency” or “LEA” means a public board of education/school committee or other public authority legally constituted within the State for either administrative control or direction of one (1) or more Rhode Island public elementary schools or secondary schools.

23.“Performance-based diploma assessment” means multifaceted assignments and/or experiences that serve as a culminating demonstration of a student’s applied learning skills and knowledge of one (1) or more content areas.

24.“Personalization” means a diverse variety of educational programs that provide student’s real-world relevant learning experiences that create instructional approaches and academic support strategies that are intended to address the distinct learning needs, interests, aspirations or cultural backgrounds of individual students.

25.“Proficiency” means meeting or exceeding the defined level of knowledge and skills that are established by the standards to award an academic credit.

26.“Standards” mean the knowledge and skills associated with a particular subject area that defines what students need to know to earn a credit.

27.“Students who work” means school-age children who are employed or are seeking employment to support their family.

28.“Work-based learning” means a planned, structured learning experience that provides students with real-life or simulated work experiences where they can develop and apply academic, technical, and applied learning skills; and contributes to the achievement of a student’s postsecondary and employment goals. Work-based learning may include internship, apprenticeship, service-learning, school-based enterprise, and industry-based projects. Work-based learning is a recognized and valued form of academic learning.

History

• Amendment — effective from 2023-03-28 to current
• Periodic Refile — effective from 2022-01-04 to 03/28/2023
• Technical Revision — effective from 2017-07-01 to 01/04/2022
• Amendment — effective from 2017-07-01 to 07/01/2017
• Adoption — effective from 2015-03-18 to 07/01/2017
• Amendment — effective from 2011-04-20 to 03/18/2015
• Amendment — effective from 2008-10-13 to 04/20/2011
• Adoption — effective from 2005-09-08 to 10/13/2008

200-RICR-20-10-2 § 2.2 Ensuring Grade Level ELA and Math Proficiency for All Secondary Rhode Island Students

Each local education agency (LEA) shall ensure that all of its secondary students graduate proficient in ELA and Math. LEAs shall ensure student proficiency by providing access to a guaranteed and viable curriculum, monitoring each student's progress toward proficiency in ELA and Math, and providing sufficient academic, career, and personal/social supports to ensure that all secondary students become proficient.

2.2.1Assessing ELA and Math Proficiency Levels of Secondary Students

A.Each LEA in Rhode Island shall create and implement a plan to evaluate the ELA and Math proficiency levels of all secondary students. All LEAs shall develop a screening/review process to support a successful transition to high school that utilizes State and local assessments to identify students in need of additional diagnostic assessment and instructional support.

B.LEAs shall diagnostically assess all students who have been identified through this screening process or have been identified as performing below grade level on the State assessment to determine and assign appropriate instructional strategies and intervention to support students graduating ready for college and career success. The LEAs shall be responsible for costs associated with assessment procurement, administration, and interpretation. The Commissioner may authorize the use of suitable State or Federal funds for such purpose.

2.2.2Improving ELA and Math Proficiency for Secondary Students Performing Below Grade Level

A.Each LEA shall initiate interventions for every student functioning below grade level expectations based on the assessments required under § 2.2(B) of this Part. Any student who continues to fall below grade level and/or fails to attain proficiency in ELA or Math in subsequent years shall be provided specialized intervention and supports.

B.Ensuring grade level performance in ELA and Math is the responsibility of each LEA and shall include instruction and the provision of school-wide, targeted and intensive supports. Intervention and support for students performing one (1) or more years below grade level shall be documented within the student’s Individualized Learning Plan (ILP).

C.Each LEA shall ensure that all students who are not demonstrating proficiency as measured by State-endorsed math and ELA standards will attain and maintain performance that allows them to engage in grade appropriate curriculum. LEAs shall have mechanisms in place that:

1.Identify and support students who are not making progress in ELA and math as measured by local and State assessment data; and

2.Provide universal student access to a guaranteed and viable curriculum aligned to State endorsed standards; and,

3.Ensure that all grade levels work collaboratively to transition students between schools within and across LEAs.

D.All LEAs shall annually report to their school committee, or equivalent, in a public meeting to document the effectiveness of specific ELA and math strategies, interventions, and programs that have been implemented. This information shall be provided to RIDE annually.

History

• Amendment — effective from 2023-03-28 to current
• Periodic Refile — effective from 2022-01-04 to 03/28/2023
• Technical Revision — effective from 2017-07-01 to 01/04/2022
• Amendment — effective from 2017-07-01 to 07/01/2017
• Adoption — effective from 2015-03-18 to 07/01/2017
• Amendment — effective from 2011-04-20 to 03/18/2015
• Amendment — effective from 2008-10-13 to 04/20/2011
• Adoption — effective from 2005-09-08 to 10/13/2008

200-RICR-20-10-2 § 2.3 Rhode Island Diploma System

A.Diploma eligibility shall be derived through the:

1.Successful completion of credits in conformance with § 2.3.1 of this Part.

2.Successful completion of at least one (1) performance-based diploma assessment as described in § 2.3.2 of this Part.

B.In order to be eligible for a diploma, students must meet State and local requirements in § 2.3(A) of this Part.

C.LEAs shall provide students with multiple opportunities and appropriate supports to meet local graduation requirements adopted in compliance with this Part and to prepare for post-secondary academic and career goals.

D.Each Rhode Island school committee shall adopt graduation requirements consistent with §§ 2.3.1 through 2.3.9 of this Part in LEA policy and shall maintain and provide documentation of these policies annually to RIDE.

2.3.1Credit Requirements

A.LEAs shall formally adopt credit graduation requirements that apply to all students within the LEA and require successful completion of at least twenty (20) credits.

B.The twenty credits must include demonstration of proficiency, as defined by the LEA and aligned with appropriate high school content standards for all awarded credits.

1.All credits shall be aligned to State endorsed standards or locally adopted standards in content areas for which there are no State standards.

2.The awarding of credit shall demonstrate that students have met the identified academic standards to achieve high school level proficiency, as determined by the LEA. Seat time and instructional minutes shall not be a consideration in the issuance of credit.

3.Successful completion of a credit shall include demonstration of the knowledge, skill, and competencies outlined in the credit learning objectives.

4.LEAs are recommended to explore the use of flex credits to meet the credit requirements enumerated in § 2.3.1(C).

C.The twenty (20) credits must include the following content-area credits:

1.Four (4) credits of English language arts;

2.Four (4) credits of math including Algebra I, Algebra II, and Geometry;

3.Three (3) credits of science including two (2) lab sciences; and,

4.Three (3) credits of history/social studies.

5.Two (2) credits of world languages in the same world language;

6.One (1) additional credit of college preparatory coursework; and

7.Pursuant to LEA policies and applicable State law, the additional three (3) required credits shall include the arts, computer science, and physical education and health. Physical education and health standards shall include meeting all physical education and health requirements enumerated in State statute. Arts requirements shall include meeting all requirements enumerated in the Basic Education Program Regulations.

8.Effective with the Class of 2028, it is the default expectation is that all students shall be enrolled in credit sequence stated in § 2.3.1(C) and proficiency requirements stated in § 2.3.2 of this Part. A student with the informed consent of their parent or legal guardian may enroll in a RIDE-approved readiness pathway after reviewing student data, and student’s college and career goals identified in their Individualized Learning Plan. Approved readiness pathway credits will substitute for the credits identified in §§ 2.3.1(C) and 2.3.1(D) of this Part, and proficiency requirements identified in § 2.3.2 of this Part. Readiness pathways will focus on developing the academic and technical skills needed for a successful transition to employment and shall be aligned to the student’s Individualized Learning Plan. RIDE will annually review, approve, and publish approved readiness pathways, and their outcomes. This will include disaggregated data. School schedules and the availability of courses shall not be a driving factor in a student’s decision to enroll in a readiness pathway.

D.Students who are enrolled in and are on-track to complete a high-skill, high-growth CTE program, and/or full-time dual enrollment may receive flexibility on how to meet the twenty (20) credits required for graduation to support a student’s participation and progress in advanced learning experiences. As such, students may meet their twenty (20) credits by meeting the following credit requirements:

1.Four (4) credits of English language arts;

2.Three (3) credits of math including Algebra I, Algebra II, and Geometry;

3.Three (3) credits of science including two (2) lab sciences; and,

4.Three (3) credits of history/social studies.

5.Two (2) credits of world languages in the same world language;

6.Two (2) additional credits of college preparatory coursework; and

7.Pursuant to LEA policies and applicable State law, the additional three (3) required credits shall include the arts, computer science, physical education and health. Physical education and health standards shall include meeting all physical education and health requirements enumerated in State statute. Arts requirements shall include meeting all requirements enumerated in the Basic Education Program Regulations.

E.Designation as a content-area credit, e.g., “math” or “science,” shall be an LEA decision based upon alignment to relevant State endorsed standards or, in those content areas not defined by State-adopted standards, other recognized content standards. LEAs may develop flex credit experiences that integrate multiple core or other content areas and associated learning standards into a single credit for the purpose of meeting credit requirements.

F.The selection and scheduling of credits shall be consistent with the needs of the individual student and, to the maximum degree possible, the student’s individual learning plan (ILP) and IEP where applicable. LEAs are encouraged to develop flex credit experiences that allow students to develop academic learning experiences that support the passions and goals of students.

G.LEA graduation requirements shall satisfy all curricular requirements set forth in General Laws and applicable Council on Elementary and Secondary Education Regulations.

H.Students may meet the requirements set forth in this Section, inclusive of the fourteen (14) content-area credit requirements, through credits earned within the ACN, State-approved career and technical programs, expanded learning opportunities, dual enrollment, concurrent enrollment, on-line learning, experiential learning opportunities, and other non-traditional academic and career-readiness learning experiences.

I.Recognition of learning opportunities as fulfilling the credit graduation requirements in this Section shall be aligned to State endorsed content-area standards. Credit catalogs should clearly indicate credits that may fulfill content-area credit requirements. LEAs are strongly encouraged to allow the use of the ACN to meet graduation credit requirements.

J.Students who achieve modified proficiency standards applied to credit requirements for students determined to be eligible for the alternate assessment under Federal law, State Rules and Regulations, and as noted in the student’s Individualized Education Plan (IEP), may, at LEA discretion, be awarded a diploma for graduation purposes.

2.3.2Real-World Relevant Proficiency Requirements

A.Students shall successfully demonstrate proficiency in the following subject areas to provide them real-world relevant skills that will develop skills and support their success in participating in society, thriving in the twenty-first (21st) century economy, and in securing their own financial security.

1.Civics beginning with the Class of 2028.

2.Computer Science beginning with the Class of 2028.

3.Financial Literacy beginning with the Class of 2024.

B.RIDE will engage stakeholders to adopt standards for each proficiency requirement which will include standards, assessments, and resources to support effective implementation. LEAs are recommended to explore the use of flex credits to meet the credit requirements enumerated in §§ 2.3.2(A)(1) – (3) of this Part.

2.3.3College and Career Ready Requirements

A.Each graduating senior shall be provided information on postsecondary opportunities including, but not limited to, college, career, apprenticeship, and the military.

B.Each graduating senior shall be encouraged to complete one (1) of the following to support a successful transition to postsecondary education and/or career training. High schools shall be required to provide students information pursuant to State statute on how to complete and submit to the U.S. Department of Education a free application for Federal student aid; and complete and submit to the Office of the Postsecondary Commissioner a free application for State student aid.

C.RIDE shall collect information on the completion of the U.S. Department of Education’s free application for Federal student aid, and the free application for State student aid. This information will be reported in ESSA school report cards including the disaggregation of data, and will be included in school accountability for the Class of 2028.

D.Each graduating senior shall complete a resume prior to high school graduation.

2.3.4Performance-based Diploma Assessments

Students shall successfully complete at least one (1) performance-based diploma assessment. Successful completion of performance-based diploma assessments shall include demonstrations of both applied learning skills and proficiency in one (1) or more content areas. All performance-based diploma assessments shall be evaluated utilizing an LEA-defined scoring criteria aligned with applicable State standards, applied learning standards, and the expectations employers, and postsecondary education. Performance-based assessment may include work-based learning, community service, project-based learning, and other strategies that support applied learning.

2.3.5Appeals Process for Graduation Decisions

Students and families shall have the right to appeal graduation decisions through locally managed appeals policies and processes. Locally managed appeals processes shall consider all valid sources of evidence that demonstrate and document student proficiency at a level commensurate with the requirements set forth in this Part. LEAs shall maintain documentation on locally managed appeals criteria, processes, and outcomes.

2.3.6Council Designations

A.Commencing with the graduating class of 2021, LEAs shall include a designation notation on permanent high school transcripts and on the diplomas of all students who meet Council-defined criteria. The Council shall determine:

1.Designations available statewide; and,

2.The level of achievement necessary for a Council Designation.

B.Designations approved by the Council shall include, but not be limited to documentation of student achievement of a statewide ELA and Math standard and documentation of student completion of a credit of study consistent with a personal learning goal.

C.LEAs shall provide students with multiple opportunities and appropriate supports to meet designation requirements.

D.LEAs are authorized to award additional locally-developed designations until the Class of 2026.

E.Commencing with the Class of 2028, students will be required to earn a diploma plus credential that is recognized and valued by Rhode Island’s postsecondary education institutions, and employers to earn a diploma endorsement.

2.3.8Council on Elementary and Secondary Education Approved Diploma System

A.The Commissioner shall establish protocols and criteria for reviewing LEA diploma systems to ensure that they are in compliance with all elements of this Part.

B.The LEA is responsible for maintaining all records that demonstrate compliance with this Part.

C.The Commissioner shall develop a progressive system of monitoring and accountability to ensure LEA implementation and compliance with this Part.

2.3.9Local Educational Agency Notification to Students, Families, and Community Members of the Requirements for Graduation

A.All notices in this Section must be provided in a format accessible to family and students.

1.LEAs shall provide full and effective annual notice of the State and local graduation requirements to administrators, teachers, students, families, and members of the community. Full and effective notice of the requirements for graduation and Council designations must be provided to students and their families no later than October 1 in the year in which said students enter the ninth (9th) grade (or at the time of enrollment into the LEA), after which the local and State diploma system requirements shall not be altered for the affected class. LEAs shall provide notice of the requirements to students enrolled by the LEA in non-public schools or programs and to students attending school in juvenile correction programs.

2.LEAs shall provide annual notification to parents/guardians to receive information on their child’s progress toward graduation requirements, college and career readiness benchmarks, council designation requirements, and CTE programs, if applicable, as a part of their end of year report card.

3.In the event that a student is in jeopardy of not earning a diploma or graduating college and career ready, the LEA must maintain a record of multiple and timely individual notices to the student and his/her family that include:

a.Clear notification of the student’s academic status; and,

b.The opportunity to meet and discuss the student’s academic program, support, and planned interventions; and,

c.Regular updates of student performance and progress.

B.LEA failure to provide student and family notifications in the manner set forth in this Section may be addressed through locally managed appeals processes but shall not be presumed to result in the awarding of a diploma.

History

• Amendment — effective from 2023-03-28 to current
• Periodic Refile — effective from 2022-01-04 to 03/28/2023
• Technical Revision — effective from 2017-07-01 to 01/04/2022
• Amendment — effective from 2017-07-01 to 07/01/2017
• Adoption — effective from 2015-03-18 to 07/01/2017
• Amendment — effective from 2011-04-20 to 03/18/2015
• Amendment — effective from 2008-10-13 to 04/20/2011
• Adoption — effective from 2005-09-08 to 10/13/2008

200-RICR-20-10-2 § 2.4 Middle Level and High School Supports to Students

2.4.1Supports for Students

A.Every student enrolled in Rhode Island public schools has the right to an appropriate and individualized opportunity to achieve proficiency as defined by applicable State standards in accordance with this Part. For many students, that opportunity will require additional research-based interventions and supports from the LEA.

B.The range of necessary support mechanisms must include:

1.Beginning no later than entry into sixth (6th) grade, each student shall have an Individual Learning Plan (ILP) as described in § 2.4.3 of this Part. The ILP shall coordinate with the following documents, programs, and plans as appropriate: Individual Educational Program, Section 504 Plan, Personal Literacy Plan, intervention, transition plans, and Multilingual learner services.

2.The identification of additional supports and flexibilities, that are publicly posted and available upon request, to support the academic goals and learning needs of caregiving youth and students who work. This may occur within the ILP or through a separate process.

3.LEAs shall utilize a research-based early warning system to identify students at risk for academic failure and dropout. Identification of students at risk shall occur no later than the sixth (6th) grade year (or at the time of enrollment for students enrolling into the LEA after the sixth (6th) grade year). LEAs shall communicate regularly with the families of students identified through the early warning system, including providing them with information about the support provided to and progress being made by the student, as described in § 2.3.7 of this Part.

4.LEAs shall be responsible for providing additional academic and instructional support and research-based interventions for all students not on track to graduate ready for college and career success and meet the diploma requirements established by §§ 2.3.1 through 2.3.4 of this Part. Students failing to reach the required level of proficiency shall be provided a support plan, including the types and duration of academic and educational supports and academic performance targets necessary for earning a diploma. Parents shall be provided an annual update on the progress of their children towards academic performance targets necessary for earning a diploma and graduating ready for college and career success. Support plans shall be documented in the ILP and may address academic weaknesses in academic performance and/or performance-based diploma assessments. Other academic and instructional supports shall also be documented in the student’s ILP.

C.All students are expected to present evidence of successful completion of the applicable graduation requirements set forth in §§ 2.3.1, 2.3.2, and 2.3.4 of this Part to be eligible for a diploma or Council designation, respectively. Students with disabilities have the right under Federal law to remain in school through the age of twenty-one (21).

D.LEA will provide an annual report to their school committee, or equivalent, to demonstrate how they are providing student supports set forth in this section. The failure to provide the supports set forth in this Section may be addressed through locally managed appeals processes but shall not be presumed to result in the awarding of a diploma.

2.4.2Requirement for Personalized Learning Environments

A.All middle-level schools and high schools shall implement strategies for creating personalized learning environments to support student success. This includes developing and implementing a structure by which every student is partnered with a responsible adult, in addition to a school counselor, who is knowledgeable about that student’s academic, career, and social/personal goals. These personalization strategies must ensure a collective responsibility for individual students.

B.Structures for personalization at the middle level shall be an integral component of the student program in each LEA, inclusive of but not limited to advisory structures.

C.LEAs shall maintain documentation of the effectiveness of such personalization strategies. Documentation of the effectiveness of such strategies shall be available to RIDE upon request.

2.4.3Individual Learning Plan (ILP)

A.LEAs are responsible for developing a student ILP process beginning no later than the sixth (6th) grade to help students identify and meet their academic, career, and personal/social goals. The ILP shall document the student’s academic and applied learning interests and learning supports that culminate in graduation, Council designation and preparation for post-secondary success. The ILP shall document additional educational opportunities to help students reach their goals. The ILP shall coordinate each student’s Individual Educational Program, Section 504 Plan, Personal Literacy Plan, intervention plans, Multilingual learner services, and other plans as applicable.

B.The ILP process shall provide regular and ongoing opportunities for students to review and revisit their goals with the guidance of responsible adults, including parents or legal guardians. In order to ensure the use of the ILP in coordinating appropriate supports, access to credits, and additional learning opportunities necessary to support students in meeting their goals, ILP reviews must occur not less than twice in each school year and during key transition periods including middle to high school and high school to post-secondary placement.

C.LEAs shall maintain documentation of the effectiveness of their ILP process.

2.4.4Professional Learning

All certified educators in middle-level and high schools shall participate in professional learning as described by Rhode Island’s Regulations on educator quality and certification.

2.4.5Common Planning Time

A.Common planning time shall be used by teams of teachers, administrators, and other educators for the substantive planning of instruction, looking at student achievement data, addressing student needs, and group or embedded professional development.

B.Common planning time must provide for at least one (1) hour per week at the high school level and at least two (2) hours per week at the middle level, focused on the priority areas of vertical articulation, ELA, Math, graduation by proficiency, and personalization.

C.This common planning time must be in addition to individual faculty planning time and locally determined professional development requirements. As established in Subchapter 05 Part 1 of this Chapter, Regulations Governing the School Calendar and Length of the School Day, common planning time does not qualify as “instructional time” for the purposes of compliance with the required length of the school day.

History

• Amendment — effective from 2023-03-28 to current
• Periodic Refile — effective from 2022-01-04 to 03/28/2023
• Technical Revision — effective from 2017-07-01 to 01/04/2022
• Amendment — effective from 2017-07-01 to 07/01/2017
• Adoption — effective from 2015-03-18 to 07/01/2017
• Amendment — effective from 2011-04-20 to 03/18/2015
• Amendment — effective from 2008-10-13 to 04/20/2011
• Adoption — effective from 2005-09-08 to 10/13/2008

200-RICR-20-10-3 Regulations Governing Career and Technical Education in Rhode Island

200-RICR-20-10-3 § 3.1 DEFINITIONS

A.As used in these regulations, the following words and terms have the following meaning, unless the context indicates another or different meaning or intent:

1."Apprenticeship" means a relationship between an employer and an employee during which the worker or apprentice learns an occupation in a structured program sponsored jointly by employers and labor unions or operated by employers and employee associations.

2."Articulation agreement" means a formal agreement acknowledging, authorizing and conferring specific academic credit, advanced standing and/or status for education or work.

3."Career cluster" means groupings of occupations and industries established by the United States Department of Education and used to organize career and technical education and career and technical education preparation programs.

4."Career and Technical Education (CTE)" means organized academic and work-related education that offers students opportunities for career awareness, career exploration and career preparation focused on providing them with the academic and technical knowledge and work-related skills necessary to be successful in postsecondary education, training activities, and employment.

5."Career and technical education center" means a grade 9-12 public educational facility with the primary purpose of providing career preparation programs and other forms of career and technical education, either as a stand-alone institution or in conjunction with collaborating secondary schools.

6."Career and Technical Education System (CTE System)" means an organized, coherent, and comprehensive set of educational opportunities that promote strong academic skills, an awareness of careers and occupations, and the mastery of rigorous and relevant technical skills that prepare students for college, careers, and life.

7."Career innovation programs" means one of two forms of RIDE-approved career preparation programs that provide CTE academic and technical instruction and training through diverse venues and differing instructional approaches while meeting all of the outcomes defined by career preparation program standards and the program approval process.

8."Career pathway(s)" means industry sector-specific CTE programs coordinated with postsecondary education and/or training programs that provide students opportunities to attain necessary technical skills and credentials for successful entry into the workforce.

9."Career preparation programs" means career preparation programs are the most intense level of career and technical educational services available to secondary students. Career preparation programs are of two types:

a.career programs of study and

b.career innovation programs.

10."Career preparation program review and approval process" means a RIDE-managed standards-based review process that results in a written report that includes the career preparation program’s approval status.

11."Career preparation program standards" means Regents-adopted RIDE-published standards that provide the basis for the quality assurance process and clearly articulate the requirements for the quality, scope, and breadth of LEA-administered career preparation programs.

12."Career programs of study" means one of two forms of RIDE-approved career preparation programs offered through the CTE System at the secondary level. A career program of study provides structured, sequenced academic and technical courses that lead to an industry-recognized credential, where available or appropriate, or a nationally-recognized certificate that validates skill attainment.

13."Certificate" means documentation or credential that can be earned by a student, which validates his or her mastery of specific skills or sets of skills, completion of training requirements set forth by a certifying body, and/or that validates demonstrated readiness to enter an industry, educational setting, or the workplace.

14."Commissioner" means the Commissioner of Elementary and Secondary Education.

15."Credential" means a specialized subset of certificates, credentials provide portable, meaningful documentation that a student has mastered an industry-established and validated range of skills, met necessary training and education requirements, and demonstrated readiness to enter a specific industry.

16."Embedded credit programs" means career and technical education courses and/or learning opportunities that provide students multiple opportunities to reach and demonstrate proficiency simultaneously in technical and core academic areas including ELA, math, science, technology, and the arts.

17."Graduation coursework requirements" means the coursework requirements set forth in § 2.3.1 of this Subchapter (Secondary Design: Middle and High School Learning Environments and the Rhode Island Diploma System), which can be met through enrollment in a state approved career preparation program, expanded learning opportunities, dual enrollment, on-line learning, and other non-traditional academic and career-readiness programs.

18."Individual Learning Plan (ILP)" means a student-centered planning and monitoring process that guides and directs students’ goals and educational development in three domains: academic, career, and personal/social.

19."Local Education Agency (LEA)" means a public board of education/school committee or other public authority legally constituted within the State for either administrative control or direction of one or more Rhode Island public elementary schools or secondary schools.

20."Resident Local Education Authority (LEA)" means the LEA in which a student should be enrolled on the basis of residency.

21."State Education Agency (SEA)" means state department of education responsible for ensuring the implementation of federal, state and Regents laws, statutes, and regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-07-01 to 01/04/2022
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Adoption — effective from 2012-07-01 to 07/01/2012

200-RICR-20-10-3 § 3.2 AUTHORITY, SCOPE, AND PURPOSE

A.The Board of Regents for Elementary and Secondary Education (Board of Regents), pursuant to its delegated statutory authority under R.I. Gen. Laws Chapter 16-45 to establish and manage a state Career and Technical Education (CTE) system, promulgate these Regulations of the Rhode Island Board of Regents Governing Career and Technical Education (Regulations).

B.In furtherance of the policy set forth in R.I. Gen. Laws Chapter 16-45, the purpose of these Regulations is to establish a comprehensive and coherent Career and Technical Education System (CTE System) that: provides students exposure to the world of work; offers students the opportunity to learn rigorous technical and career-based skills that are aligned to industry standards; and through the earning of credentials, prepares students for a seamless transition to postsecondary education and training programs and/or careers.

C.The CTE System shall provide career and technical education opportunities through a diverse delivery system. Career and technical education can be delivered in a wide array of settings including but not limited to traditional classrooms, comprehensive high schools, work- and field- based settings, career and technical centers, and virtual and electronic media. This diverse delivery system shall promote program growth while at the same time, maintain and improve the quality of Rhode Island’s career preparation programs.

D.The CTE System shall forge and maintain partnerships with higher education, technical training programs, workforce and economic development initiatives, and regional business and industry. Through these partnerships, RIDE will promote and systemically manage career pathways in critical and emerging industries and provide education and training programs that are responsive to the needs of students, business, industry, and the regional economy.

E.These Regulations, along with other Board of Regents’ regulations, standards, and applicable state statutes, are designed to promote and advance three career and technical education principles:

1.Rhode Island’s CTE System will prepare learners for postsecondary education and careers resulting in employment that provides family-sustaining wages.

2.Career and Technical Education will support students’ postsecondary success through planning, credentialing, industry partnerships, and articulation with higher education and training programs.

3.Rhode Island’s CTE System will invest in high-quality, highly effective career preparation programs offered through a diverse statewide delivery system.

3.2.1Elements of the Career and Technical Education System

A.The CTE System is composed of a spectrum of educational opportunities that include career awareness, career exploration, and career preparation.

B.Career awareness activities include education and counseling programs that help students make informed career choices and inform their decisions to enroll in educational and technical courses of study. Career awareness activities provide opportunities for students to explore the world of work, careers, and specific jobs. Career awareness activities may include, but are not limited to career interest inventories, job searches and job shadowing. Career awareness activities shall follow the guidance provided by the Rhode Island Frameworks for School Counseling.

C.Career exploration activities provide students with both an in-depth, focused investigation of careers and work and the opportunity to experience careers and/or learn basic job skills. Career exploration activities allow students to discover career interests and strengths and to plan the appropriate subjects, courses, disciplines and applied learning skills needed to reach their goals. Career exploration activities can be delivered in a wide array of settings, including but not limited to internships, job-shadow programs, and/or enrollment in one or two introductory career and technical courses.

D.In accordance with section G-14 of the Basic Education Program, all Rhode Island students have the right to access career exploration opportunities. The availability of and access to career exploration activities and career preparation programs for students in secondary grades will be reviewed as part of the Commissioner’s review process as set forth in Secondary Design: Middle and High School Learning Environments and the Rhode Island Diploma System (Part 2 of this Subchapter).

E.Career preparation programs are the most intense level of career and technical educational services available to secondary students. Career preparation programs provide students with rigorous academic and technical training and deep preparation for entry into postsecondary education, training programs, and/or careers. Career preparation programs are distinguished from career awareness and career exploration programs and activities by the depth and rigor of the education and technical training provided, the number of contact hours and/or sequenced, non-duplicative courses that focus on skill development in a single career-based or occupational area, and the opportunity to earn industry-recognized credentials whenever applicable to the program, and/or postsecondary credits, and/or advanced standing in training programs or jobs. RIDE-approved career preparation programs require review by the RIDE in accordance with § 3.4 of this Part.

3.2.2Career Preparation Programs

A.All RIDE-approved career preparation programs must:

1.Align to state academic standards and career readiness or industry standards;

2.Provide students with the opportunities to complete coursework that contribute to their graduation coursework requirements;

3.Adhere to the career preparation program standards published by RIDE and set forth in § 3.8 of this Part (Appendix 1);

4.Provide participating students the opportunity to earn industry-recognized credentials whenever applicable to the program, and/or postsecondary credits, and/or advanced standing in training programs or jobs; and

5.Meet RIDE-established targets for student outcomes including, but not limited to:

a.dropout and graduation rates,

b.credential and/or postsecondary credit-earning rates,

c.program completion rates, and

d.enrollment and persistence in postsecondary education and technical training programs.

B.Career preparation programs take one of two forms:

1.career programs of study or

2.career innovation programs.

C.Career programs of study offer not fewer than three, connected, rigorous non-duplicative career and technical education courses; deliver a curriculum aligned to both state academic and industry standards; provide instruction by appropriately certified and highly trained instructors; and provide industry-recognized credentials whenever applicable to the program, and/or postsecondary credits, and/or advanced standing in postsecondary education and training programs.

D.Career innovation programs offer rigorous, non-duplicative career and technical instruction and provide students the opportunity to earn industry-recognized credentials whenever applicable to the program, and/or postsecondary credits, and/or advanced standing in postsecondary education and training programs. Career innovation programs utilize non-traditional educational methods that may include, but are not limited to, instruction in diverse educational settings, utilization of unconventional curriculum and assessment practices, or community or workplace-based education.

E.LEAs seeking RIDE approval as a career innovation preparation program may request adaptation or modification of the RIDE program standards as set forth in § 3.8 of this Part (Appendix 1).

F.Application for standard or criteria modification or adaptation is subject to the following limitations and requirements:

1.Applicants must clearly identify the standards or criteria for which they propose modification or adaptation, describe an alternative method of compliance with the intent of the standard or criteria, and assure equal educational opportunity;

2.Applicants may seek adaptation or modification of only those RIDE program standards identified as eligible in Appendix 1 of these Regulations; and

3.Applicants must complete a RIDE-managed program application process as set forth in § 3.4.2 of this Part.

G.All career preparation programs must meet the four requirements set forth in § 3.2.2 of this Part.

H.Pursuant to R.I. Gen. Laws § 16-45-6, RIDE shall be responsible for ensuring the quality of all career preparation programs using a quality assurance process described in § 3.4 of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-07-01 to 01/04/2022
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Adoption — effective from 2012-07-01 to 07/01/2012

200-RICR-20-10-3 § 3.3 ROLES AND RESPONSIBILITIES

Rhode Island’s CTE System shall be designed and monitored by RIDE and managed and delivered by the LEA. Both RIDE and the LEAs have distinct responsibilities described herein.

3.3.1RIDE Responsibilities and Functions

A.RIDE shall have the responsibility for and authority to:

1.Establish a CTE System that promotes and ensures student access to career awareness and exploration activities for all K-12 students and career preparation programs for students in grades 9-12;

2.Establish and publish career preparation program admissions standards, when appropriate and applicable;

3.Establish and maintain a quality assurance process that includes a career preparation program review and approval process;

4.Establish and maintain a system of approved career preparation programs;

5.Establish and maintain a Statewide Career and Technical Education Advisory Board;

6.Maintain and annually publish the list of approved career preparation programs;

7.Invest state resources to support both the CTE System and approved and newly established career preparation programs in a manner that advances program quality, ensures efficient and effective use of resources, and is compliant with applicable state and federal law;

8.Establish and manage a funding methodology for Career and Technical Education consistent with applicable state statutes and these Regulations that is designed to support the reasonable and necessary costs for the administration and implementation of RIDE- approved career preparation programs;

9.Manage a state-level data system that enables high-quality evaluation, progress- monitoring, and continuous improvement at both the state and local levels;

10.Ensure that the CTE System aligns to and promotes statewide workforce and economic development initiatives; and

11.Identify critical and emerging industries in Rhode Island and promote the establishment of career preparation programs in those areas.

3.3.2LEA Responsibilities and Functions

A.All LEAs shall:

1.Ensure all students have the opportunity to participate in career exploration activities;

2.Provide all eligible students the opportunity to enroll in an approved career preparation program;

3.Provide a spectrum of career and college counseling services that include career awareness and exploration activities;

4.Provide students and families with accurate information about the availability of approved career preparation programs and students’ rights to apply and enroll; and

5.Provide students and families an appeals process in cases where students do not gain access to a career preparation program.

B.LEAs that administer RIDE-approved career preparation programs shall:

1.Meet the career preparation program standards and participate in the state-managed quality assurance process;

2.Collect and report accurate and timely CTE data;

3.Manage CTE-designated funding in accordance with state and federal regulations;

4.Adhere to RIDE-published cost guidelines in accordance with § 3.7 of this Part;

5.Provide students and families an appeals process in cases where students do not gain access to a career preparation program; and

6.Engage and partner with business, industry, higher education, and postsecondary training programs to improve student performance outcomes.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-07-01 to 01/04/2022
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Adoption — effective from 2012-07-01 to 07/01/2012

200-RICR-20-10-3 § 3.4 QUALITY ASSURANCE

A.The Commissioner shall establish and maintain a quality assurance process that focuses on the review and approval of career preparation programs. The RIDE-managed review and approval of career preparation programs shall be grounded in the career preparation program standards and will have two primary purposes:

1.promoting of program quality and continuous improvement; and

2.rendering and communicating decisions about career preparation program approval status as set forth in §§ 3.4.2 and 3.4.3 of this Part.

3.4.1Career Preparation Program Standards

A.The Regents shall adopt career preparation program standards that are consistent with federal requirements and that reflect research and national best practice. Career preparation program standards shall be clearly and fully communicated to all LEAs and shall establish expectations in areas that include but are not limited to:

1.policies and procedures,

2.partnerships,

3.program operations,

4.staffing, certification, and professional development,

5.curriculum, instruction and technical skill assessment,

6.supplemental and support services, and

7.secondary to postsecondary transition.

B.Career preparation program standards shall be reviewed no less than every five years. In the event of changes to career preparation program standards, LEAs shall have no less than one year to respond before the changes take effect through the review and approval process described in § 3.4.2 of this Part.

3.4.2Career Preparation Program Review and Approval Process

A.Pursuant to R.I. Gen. Laws Chapter 16-45, the Commissioner shall develop and manage a career preparation program review and approval process that sets forth clear standards and procedures to approve career preparation programs. The Review and Approval Process includes, but is not limited to, the following components:

1.A self-study utilizing a RIDE-published instrument;

2.Submission of key student outcome data; and

3.An LEA application for initial or renewed approval that includes detailed program design and implementation information aligned to published career preparation program standards and RIDE application requirements.

B.The Commissioner may approve the substitution of rigorous, nationally recognized, industry- specific program review and accreditation processes, in whole or part, for RIDE’s Review and Approval process. In the event that the Commissioner approves such a substitution, the LEA shall reserve the right to select from either the RIDE Review and Approval process or the alternative approval process.

C.The review and approval process and all judgments rendered as a result of its administration shall be clearly aligned to and consistent with the career preparation program standards.

D.At the conclusion of the review and approval process, RIDE shall issue a written report that will conclude with one of three designations:

1.Provisional approval: conditional and temporary approval requiring programs to meet improvement targets and/or complete action steps to achieve full approval;

2.Full approval: for career preparation programs that have satisfied all components of the review and approval process; or

3.Not approved: career preparation programs that have been found deficient through the Review and Approval Process.

E.Career preparation programs that are granted full or provisional approval will be designated as a RIDE-approved career preparation program.

F.Career preparation programs in existence prior to the promulgation of these regulations may be eligible for provisional approval provided that such a program meets at least one of the following conditions:

1.Prior approval for funding as a program of study under the Perkins IV grant application process; or

2.Prior approval as a program of study under the RIDE program approval process.

3.4.3Results of Career Preparation Program Review and Approval Process

A.Results of the review and approval process and/or changes in approval status will be communicated to the affected LEA in a timely manner. LEAs shall be given no more than 30 business days to respond to an initial draft of the findings of the Review and Approval Process and/or to a notification of change in their approval status.

B.Career preparation programs that lose full approval status will be afforded not more than 30 business days from the date of the issuance of the final RIDE written report to submit an improvement plan that fully addresses deficiencies identified by the review process. The improvement plan must be approved by RIDE no more than 30 business days from receipt.

C.Career preparation programs not granted RIDE approval have the right to due process as provided in the Board of Regents in the Board of Regents By-Laws, Chapter A-5.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-07-01 to 01/04/2022
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Adoption — effective from 2012-07-01 to 07/01/2012

200-RICR-20-10-3 § 3.5 ACCESS, ADMISSIONS, AND SUPPORT SERVICES

All students in grades K-12 shall have the right to access career awareness and exploration activities as described in § 3.2.1 of this Part. Pursuant to R.I. Gen. Laws Chapter 16-45, all Rhode Island students shall have the right to access RIDE-approved career preparation programs as defined by § 3.2.1 of this Part. No student shall be denied access to career and technical education on the basis of color, gender, sexual orientation, race, religion, national origin, or disability.

3.5.1Access to Career Preparation Programs

A.All students shall have the right to request, from their resident LEA, access to a RIDE-approved career preparation program of their choice. This right of access shall be limited only by the following three conditions:

1.Availability of enrollment seats: In the event that a student requests access to a RIDE- approved career preparation program that is fully enrolled, the resident LEA shall make every effort to identify and enroll the student in another RIDE-approved preparation program of the student’s choice.

2.Geographic location: Students are guaranteed access to RIDE-approved career preparation programs. Students requesting access to RIDE-approved career preparation programs outside their established school transportation region may enroll in such programs, but the resident LEA shall not be responsible for the costs of the transportation. Students enrolled in career preparation programs between March 1, 2009 and September 1, 2012 shall maintain the transportation rights set forth under the “Regulations Governing Career and Technical Education in Rhode Island” for the duration of their continuous enrollment in the career preparation program.

3.Fair, equitable, and reasonable admission standards: LEAs operating RIDE-approved career preparation programs are authorized to set reasonable, fair, equitable, and program- appropriate admission standards in accordance with § 3.5.3 of this Part.

B.Any student denied access to a career preparation program shall reserve the right of appeal through the policies and procedures managed by the LEA responsible for the denial of access.

3.5.2Recruitment

A.Pursuant to R.I. Gen. Laws Chapter 16-45, all LEAs shall be responsible for issuing clear, accessible, accurate and timely communication to families and students informing them of all RIDE-approved CTE programs and of students’ rights to access career and technical education. RIDE shall maintain and annually publish the list of RIDE-approved career preparation programs.

B.Representatives of RIDE-approved career preparation programs shall have access to students in all secondary schools. Recruitment access may include, but is not limited to, physical and electronic mailing lists, assemblies and other presentation opportunities, and field trips and site visits.

3.5.3Admissions

A.LEAs operating RIDE-approved career preparation programs shall have the right to develop and employ appropriate program-specific admission criteria. All admission criteria shall comply with all relevant state and federal civil rights laws and regulations. Admissions criteria shall:

1.Be clearly derived from the academic and instructional demands of the career preparation program;

2.Represent the minimum levels of student readiness so as to reasonably ensure student success in the career preparation program;

3.Adhere to all relevant RIDE-developed admission standards; and

4.Not result in discriminatory admissions decisions.

B.LEAs that employ program-specific admission criteria shall develop and implement an admissions policy that is formally adopted and made publicly available. The policy shall include no less than:

1.the admissions criteria used in the selection process;

2.the application process and continuing enrollment conditions; and

3.a review and appeal process for any student denied admission to a career preparation program.

C.To fill available seats, career preparation programs shall use a lottery process that fairly and equitably selects students from the entire pool of applicants meeting the minimum admissions standards. When applicable, LEAs shall retain the right to prioritize program enrollment for resident students.

D.Students denied access to a program based on the admissions process or admissions criteria shall reserve the right of appeal and the right to apply for another RIDE-approved career preparation program of their choice.

3.5.4Continued Student Enrollment in Career Preparation Programs

A.LEAs operating RIDE-approved preparation programs are granted the authority to establish enrollment conditions that may include a code of conduct that applies both to school and on-site work placements, attendance, and other criteria that adhere to applicable statutes and regulations. Such enrollment criteria shall not unfairly target students on the basis of color, gender, sexual orientation, race, religion, national origin, disability, or district of residence. The adopted enrollment policy shall be published in the student handbook and a copy provided to each student and family upon enrollment in the career preparation program.

B.All career preparation program policies shall include a review and appeals process for students denied access to a preparation program due to admissions criteria or whose enrollment has been suspended and/or terminated.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-07-01 to 01/04/2022
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Adoption — effective from 2012-07-01 to 07/01/2012

200-RICR-20-10-3 § 3.6 INDUSTRY, BUSINESS, HIGHER EDUCATION, AND POSTSECONDARY TRAINING PROGRAM PARTNERSHIPS

3.6.1Statewide Career and Technical Education Advisory Board

A.RIDE shall establish a Rhode Island Career and Technical Education Advisory Board (Advisory Board) with the primary purpose of advising the Commissioner on the development and continuous improvement of the CTE System. Membership of the Advisory Board shall include, but is not limited to, representation pursuant to R.I. Gen. Laws Chapter 16-45 and as described in § 3.2 of this Part, such membership shall be representative of all key stakeholder groups. The Commissioner or an appointed designee shall chair the Advisory Board.

B.The Advisory Board shall have responsibility for advising the Commissioner on topics such as, but not limited to:

1.Current workplace practices and employer needs and expectations;

2.Business and industry partnerships;

3.Career preparation program design, curriculum, and instruction;

4.Expansion of student opportunity to earn industry credentials whenever applicable to the program and advanced standing in postsecondary academic and technical programs; and

5.Seamless student entry into postsecondary education and training programs through articulation agreements and postsecondary partnerships with public and private institutions and industry-based training programs.

3.6.2Local Advisory Boards/Program Advisory Committee

LEAs may form local advisory boards to provide advice, assistance and support to school personnel in order to improve the planning, management, and evaluation of programs.

3.6.3Career and Technical Education’s Role in State Workforce and Economic Development System

Rhode Island’s CTE System shall be responsive to state and regional workforce and economic trends and business and industry demands. It shall be the responsibility of the Commissioner to ensure that current labor market data is analyzed to inform the creation or expansion of career preparation programs in critical and emerging industries. In selecting the key economic growth areas serving as a focus for program expansion, the Commissioner shall make every attempt to coordinate with other relevant workforce and economic development initiatives.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-07-01 to 01/04/2022
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Adoption — effective from 2012-07-01 to 07/01/2012

200-RICR-20-10-3 § 3.7 FUNDING FOR CAREER AND TECHNICAL EDUCATION IN RHODE ISLAND

3.7.1SEA Support for the Career and Technical Education System

A.RIDE is hereby instructed to manage state and, where allowable and appropriate, federal funds in such a manner as to support: career preparation programs; the development of innovative delivery models; incentives for the development of programs in critical and emerging industries in Rhode Island; and/or expansion and improvement of the infrastructure upon which the CTE system rests.

B.The Commissioner, in accordance with R.I. Gen. Laws Chapter 16-45, shall establish and manage criteria for distribution of funding with goals that include, but are not limited to:

1.Transformation of existing career preparation programs and create new career preparation programs and career pathways in critical and emerging industries;

2.Offsetting of extraordinary capital expenses and expenses associated with equipment maintenance; and

3.Offsetting of expenses for career preparation programs found, through the benchmarking process, to have extraordinary costs for administration and maintenance.

C.RIDE shall prorate the state funds available for distribution among those eligible school districts if the total approved costs for which school districts are seeking reimbursement exceed the amount of funding available in any fiscal year.

3.7.2LEA Support for the Career and Technical Education System

A.RIDE shall ensure the effective use of resources through a rigorous program review and approval process. Career and technical education programs that are not RIDE-approved career preparation programs are ineligible to receive reimbursement from resident districts in accordance with provisions of this section.

B.To ensure an empirically based and equitable cost structure for students choosing to attend RIDE- approved career preparation programs, RIDE will establish cost benchmarks for RIDE-approved career preparation programs. The cost benchmarks will be established using financial and industry data including Rhode Island’s Uniform Chart of Accounts (UCOA) and data from the National Center on Education Statistics (NCES). Cost benchmarks will be updated every three (3) years or more frequently if deemed necessary by RIDE, using the same data sources. An adjustment using the Consumer Price Index (CPI) or the uniform chart of accounts data will be applied to the benchmarks when a full data update does not occur.

C.In the event that a student enrolls in a RIDE-approved career preparation program outside his or her resident district, the LEAs administering RIDE-approved career preparation programs shall be reimbursed by the resident LEA in accordance with the cost benchmark for the assigned program in which the student is assigned. The resident district shall also provide reimbursement for actual incremental services associated with student needs as defined by the student’s Individual Education Program (IEP). Resident districts will reimburse the LEAs administering RIDE-approved career preparation programs based on a methodology established by RIDE using UCOA if the benchmarks are not available.

D.State, local and allowable federal funds shall be directed toward, but not limited to, the development and improvement of programs of study and to associated operating costs of high quality, relevant, and high cost RIDE-approved career preparation programs. Based on the availability of funding, one-time grants may be awarded to cover start-up costs for prospective career preparation programs and/or one-time costs of construction and equipment.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-07-01 to 01/04/2022
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Adoption — effective from 2012-07-01 to 07/01/2012

200-RICR-20-10-3 § 3.8 Appendix 1: Rhode Island Career and Technical Education Career Preparation Program Standards

3.8.1Rhode Island Career and Technical Education Career Preparation Program Standards

A.The Rhode Island Career and Technical Education Program Framework and the United States Department of Education (USDOE) Office of Vocational and Adult Education (OVAE) Program of Study Design Framework informed the development of the Rhode Island Career and Technical Education (CTE) Career Preparation Program Standards. Rhode Island’s Career Preparation Program Standards support the development and implementation of effective career preparation programs. These program standards shall guide the planning, implementation and improvement of career preparation programs and shall be the criteria that form the basis of the review and approval process.

B.Career preparation program standards shall be clearly and fully communicated to all LEAs and establish expectations in areas that include but are not limited to:

1.policies and procedures,

2.partnerships

3.program operations

4.staffing, certification, and professional development

5.curriculum, instruction and technical skill assessment,

6.supplemental and support services, and

7.secondary to postsecondary transition.

C.While it is the expectation that all career preparation programs will be designed and implemented to meet the qualities described in § 3.2.1 of this Part, career innovation programs may seek modification or adaptation only against the following standards:

1.Staffing, Certification and Professional Development;

2.Curriculum, Instruction, and Technical Skill Assessment; and

3.Secondary to Postsecondary Transitions. Career innovation programs must petition the Commissioner for flexibility in meeting these standards prior to submitting a request to RIDE for program review and evaluation.

3.8.2Policies and Procedures

A.Administrative policies and procedures promote Career and Technical Education preparation program development and implementation.

B.Local Education Agency (LEA) policies will:

1.Include formal procedures for the design, implementation, and continuous improvement of career preparation programs.

2.Clearly describe admissions, policies and procedures, selection criteria, enrollment conditions, and appeals processes.

3.Ensure that all students have opportunities to earn industry-recognized credentials whenever applicable to the program, and/or postsecondary credits, and/or advanced standing in training programs or jobs.

4.Ensure the review and evaluation of student outcome data including achievement gaps.

3.8.3Partnerships

A.Ongoing relationships among secondary and postsecondary education, business, families, special populations and other community stakeholders are central to career preparation programs.

B.Collaborative partnerships will:

1.Include formal and/or informal relationships as necessary for supporting quality programs.

2.Reflect the community and be representative of key stakeholders.

3.8.4Program Operations

A.Career preparation programs shall operate with appropriate supports and resources necessary to meet or exceed OSHA and program-specific standards and quality.

B.Career preparation programs will:

1.Ensure the health and safety of students at all school and technical facilities used for instruction and training.

2.Provide access for students to adequate and appropriate facilities, equipment, and supplies.

3.Ensure that facilities and equipment used for instructional or training purposes are current with business and industry standards.

4.Provide all students with access to up to date technology.

3.8.5Staffing, Certification, and Professional Development

A.Career preparation programs ensure students have access to sufficient instructional staff qualified in the knowledge and skills necessary to provide rigorous academic and technical instruction.

B.High quality preparation programs ensure:

1.Teacher certifications will meet RIDE Educator Certification regulations.

2.Staffing levels are consistent with program requirements and/or business and industry standards and sufficient to meet the needs of students.

3.Teachers or instructors are trained in the academic and technical knowledge and skills aligned to industry standards in areas to which they are assigned.

4.Teachers and instructors remain current in academic and technical skills through participation in regular professional development activities.

3.8.6Curriculum, Instruction and Technical Skill Assessment

A.Innovative and creative approaches to secondary curriculum, instruction, and assessment facilitate students’ successful completion of career preparation programs and transitions to postsecondary education and training careers.

B.A comprehensive and rigorous career preparation program curriculum will:

1.Align to state adopted academic standards and skills.

2.Include experiences and instruction necessary for all students to attain work-readiness and fundamental technical knowledge and skills.

3.Ensure a minimum of three non-duplicative courses, or the equivalent, that result in opportunities for earning industry-recognized credentials whenever applicable to the program, and/or postsecondary credits, and/or advanced standing in training programs or jobs.

C.Effective instruction and learning strategies will:

1.Integrate academic, technical, and industry standards, knowledge, and skills.

2.Employ contextualized work-based, project-based, and problem-based learning approaches.

D.Well-developed technical skills assessments will include:

1.Multiple opportunities for students to demonstrate technical skill proficiency.

2.National and/or industry-approved technical skills assessments offering opportunities to earn industry-recognized credentials whenever applicable to the program.

3.8.7Supplemental and Support Services

A.Comprehensive supplemental services enable all students to access academic, personal/social, and career supports to maximize their potential for success.

B.Supplemental support service systems will ensure:

1.Students have access to the system of supports and services described in state statutes and regulations.

2.Students have the opportunity to engage in a goal setting and planning process that supports their academic, career, and personal/social goals and individual needs.

3.Students have access to the services provided through a Comprehensive School Counseling program.

3.8.8Secondary to Postsecondary Transition

A.Effective programs ensure that students graduate college- and career-ready and are prepared to transition to postsecondary education and training and careers.

B.To prepare students for postsecondary success, effective programs:

1.Align curriculum with applied learning and career readiness skills, state adopted and nationally recognized academic standards, and industry–recognized technical standards.

2.Provide student access to career-based and work-site learning experiences.

3.Provide students with embedded credit earning opportunities that integrate academic and technical skill development opportunities.

4.Maintain formal articulation agreements with higher education and business partners that earn students early college access and/or access to postsecondary training programs or job placement.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-07-01 to 01/04/2022
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Technical Revision — effective from 2012-07-01 to 07/01/2012
• Adoption — effective from 2012-07-01 to 07/01/2012

200-RICR-20-10-4 Regulations Governing the Rhode Island High School Equivalency Program

200-RICR-20-10-4 § 4.1 Preamble

A. The Rhode Island High School Equivalency Program is composed of approved high school equivalency tests, which are administered throughout the state by testing centers authorized by the Rhode Island Department of Education. The Rhode Island High School Equivalency Diploma is issued to those eligible individuals who successfully pass all components of the high school equivalency test.

B. The testing program operates in accordance with the policies and procedures of the high school equivalency test publisher guidelines, and the Council on Elementary and Secondary Education’s requirements.

C. The Commissioner designates a state administrator who has the responsibilities of providing leadership for the Rhode Island High School Equivalency Program, maintaining the program’s integrity and ensuring conformity to the high school equivalency test publisher’s policies and procedures and in accordance with the Rhode Island High School Equivalency Program Regulations requirements. The validity of the Rhode Island High School Equivalency Diploma is based upon the proper administration and supervision of the high school equivalency test program.

D. These regulations shall take effect upon promulgation.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2015-06-04 to 01/04/2022
• Amendment — effective from 2015-06-04 to 06/04/2015
• Adoption — effective from 2013-04-08 to 06/04/2015

200-RICR-20-10-4 § 4.2 Policy and Authority

A.The Rhode Island High School Equivalency Program enables Rhode Island adults and out-of-school youth to gain personal satisfaction, career opportunities and increased academic possibilities by earning a high school equivalency diploma from the State of Rhode Island.

B. The Council on Elementary and Secondary Education ("the Council") regards the Rhode Island High School Equivalency Diploma as being of the same status as a traditional high school diploma. These regulations are promulgated pursuant to their authority in R.I. Gen. Laws § 16-60-4(a)(13).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2015-06-04 to 01/04/2022
• Amendment — effective from 2015-06-04 to 06/04/2015
• Adoption — effective from 2013-04-08 to 06/04/2015

200-RICR-20-10-4 § 4.3 Applications

Application for the Rhode Island High School Equivalency Program must be made on the official state application at any of the test centers in the state. Applications for computer-based testing must be made online in accordance with the test publisher’s directions.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2015-06-04 to 01/04/2022
• Amendment — effective from 2015-06-04 to 06/04/2015
• Adoption — effective from 2013-04-08 to 06/04/2015

200-RICR-20-10-4 § 4.4 Eligibility for testing

A. To be eligible for high school equivalency testing a person must be a Rhode Island resident or a member of the Armed forces stationed in Rhode Island when application is made, and one of the following conditions must be met:

1. Candidate is at least eighteen years of age and not enrolled in secondary school; or

2. Candidate is sixteen or seventeen years of age and has an approved Alternative Learning Plan on file pursuant to R.I. Gen. Laws § 16-19-1 and which provides that the student is pursuing a high school equivalency diploma; or

3.Candidate is sixteen or seventeen years of age and has been home schooled. A home schooled candidate aged 16 or 17 must provide:

a.A letter from the parent or guardian that the home schooling has been discontinued; and,

b.A signed Alternative Learning Plan from the student’s resident district superintendent stating that the student has permission to attend the adult education program to pursue their high school equivalency diploma.

4.Candidate is sixteen or seventeen years of age and is detained in a juvenile facility or is incarcerated.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2015-06-04 to 01/04/2022
• Amendment — effective from 2015-06-04 to 06/04/2015
• Adoption — effective from 2013-04-08 to 06/04/2015

200-RICR-20-10-4 § 4.5 Verification of eligibility for testing

A. All candidates must present sufficient documentation to verify eligibility for testing. Such documentation will verify age, personal identification and Rhode Island residency. Minimal documentation must include:

1.A certified copy of his/her birth certificate or other appropriate document (e.g. passport, valid driver’s license) that clearly establishes age, and;

2.Positive valid identification which includes the applicant’s signature and a photograph, (e.g. valid driver’s license, Alien Registration Receipt Card); and,

3.Appropriate verification of Rhode Island residency, preferably with a photograph, (e.g. valid Rhode Island driver’s license) or in the absence of photo identification, at least two items verifying residency e.g. utility bill, voter registration card, tax bill.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2015-06-04 to 01/04/2022
• Amendment — effective from 2015-06-04 to 06/04/2015
• Adoption — effective from 2013-04-08 to 06/04/2015

200-RICR-20-10-4 § 4.6 Testing

A. The high school equivalency tests will be administered at the authorized Rhode Island test centers or at other sites in accordance with the test center’s contract.

B.The Chief Examiner at the respective test center will schedule testing.

C.The test centers will maintain an appropriate number of English and Spanish editions of the high school equivalency tests as needed and the appropriate numbers of the Braille, Large Print, and Audio Cassette editions of the test where available and as needed. The test taker may request all reasonable accommodations through the test center or the high school equivalency test publisher.

D.The tests shall be administered only in accordance with instructions and procedures promulgated by the high school equivalency test publisher and the Rhode Island Department of Education ("RIDE").

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2015-06-04 to 01/04/2022
• Amendment — effective from 2015-06-04 to 06/04/2015
• Adoption — effective from 2013-04-08 to 06/04/2015

200-RICR-20-10-4 § 4.7 Fee schedule

A.A fee schedule shall be established with the approval of the Council upon the recommendation of the Commissioner for services related to the high school equivalency program.

B.High school equivalency test publishers will establish the base cost for tests and RIDE will establish administrative fees.

C.RIDE will assume the testing costs and fees associated with the high school equivalency test for individuals with limited income who can prove a financial hardship, who are ineligible for subsidies from other state agencies or departments, and who have received at least a minimum passing score on the high school equivalency practice test, or pertinent section of the test (in accordance with R.I. Gen. Laws § 16-63-18). Candidates who seek relief from testing fees must present evidence of financial hardship to the testing center chief examiner which includes, but is not limited to, the following documentation: SNAP food assistance, Child Care Assistance, RIte Care/RIte Share health coverage, or RI Works cash assistance.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2015-06-04 to 01/04/2022
• Amendment — effective from 2015-06-04 to 06/04/2015
• Adoption — effective from 2013-04-08 to 06/04/2015

200-RICR-20-10-4 § 4.8 Retesting

A. A candidate must retake any test in which a minimum standard passing score for that test was not attained, regardless of total score.

B.Retesting is allowed at any time on condition that different forms of the tests within the battery administered are used in retesting.

C.Individuals who have earned a high school equivalency credential or earned scores sufficient to qualify for such a credential but who need to earn higher test scores to meet an admission requirement for postsecondary education or training, or to meet employment requirements, may retest.

D.Such individuals must meet the eligibility requirements of §§ 4.4 and 4.5 of this Part, must submit an application and pay the regular fee.

E.Retesting shall be conducted only in accordance with instructions and procedures promulgated by the high school equivalency test publisher.

F.The Chief Examiner at the respective test center will schedule retesting. Retesting registration for computer based testing must be made online.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2015-06-04 to 01/04/2022
• Amendment — effective from 2015-06-04 to 06/04/2015
• Adoption — effective from 2013-04-08 to 06/04/2015

200-RICR-20-10-4 § 4.9 Issuance of diploma

The Rhode Island High School Equivalency Diploma will be issued by RIDE when the eligible high school equivalency-testing candidate attains the minimum standard passing score, according to the test publisher and the state administrator reviews and approves the applications.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2015-06-04 to 01/04/2022
• Amendment — effective from 2015-06-04 to 06/04/2015
• Adoption — effective from 2013-04-08 to 06/04/2015

200-RICR-20-10-4 § 4.10 Revocation of credentials

A.The state administrator shall have the authority to revoke an Equivalency Diploma when reliable evidence exists that the candidate misrepresented or provided false information on the application; or otherwise fraudulently verified his/her eligibility to test.

B.A holder of an Equivalency Diploma may appeal its revocation by the state administrator to the Commissioner who, after providing notice to the interested parties of the time and place of hearing, shall examine the evidence and decide whether good cause exists for the revocation of the Equivalency Diploma.

C. Any decision of the revocation by the Commissioner shall be subject to an appeal to and review by the Council, in accordance with R.I. Gen. Laws Chapter 16-39.

D. During the revocation process and any appeal, no credentials shall be re-issued to the individual.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2015-06-04 to 01/04/2022
• Amendment — effective from 2015-06-04 to 06/04/2015
• Adoption — effective from 2013-04-08 to 06/04/2015

200-RICR-20-10-5 Virtual Learning in Rhode Island

200-RICR-20-10-5 § 5.1 Definitions

A.As used in this Part, the following words and terms have the following meaning, unless the context indicates another or different meaning or intent:

1."Acceptable use policy" or "AUP" means a policy that outlines the responsibilities of students, teachers, staff and others as they use the computers, software applications, and Internet when using the school or district computers or internet connections. AUPs also outline the consequences for failure to adhere to this policy.

2."Asynchronous learning" means communication exchanges that occur in elapsed time between two or more people. Examples are email, online discussion forums, message boards, blogs, podcasts, wikis, etc.

3."Blended learning" means learning opportunities in which a student learns, at least in part, at a supervised brick and mortar location away from home and, at least in part, through online delivery with some element of student control over time, place, path, and/or pace.

4."Brick and mortar site" means the physical location where teachers and students are interacting and the location for some of the computers that students are using to connect to the Internet and online sources.

5."Commissioner" means the Rhode Island commissioner of elementary and secondary education.

6."Common core standards" means standards adopted by a majority of states, including Rhode Island, that are robust and relevant to the real world, reflect the knowledge and skills that young people need for success in college and careers, and provide a consistent, clear understanding of what students are expected to learn.

7."Course" means a connected series of lessons and learning experiences that:

a.Establish expectations defined by recognized standards;

b.Provide students with opportunities to learn and practice skills, and

c.Include assessments of student knowledge and skills adequate to determine proficiency at the level of academic rigor required by relevant content standards.

8."Dual enrollment" means the concurrent earning of college credits while enrolled in high school.

9."High-speed broadband Internet access" means infrastructure that provides reliable connections to the Internet which allows transfer of large quantities of complex digital content at sufficient speeds to ensure fast and reliable delivery of data and content.

10."Individual learning plans" or "ILP" means a planning and monitoring tool that customizes and directs students’ goals and development in three domains: academic, career, and personal/social.

11."Online (or distance) learning" means education in which instruction and content are delivered primarily over the Internet.

12."Online courses" means a course in which more than half of the content is delivered by a teacher from a different location than that of the student.

13."Online school program" means programming delivered by a school district or cooperative of school districts, and provides an online, comprehensive and sequential program of courses or grade-level coursework and instruction in which more than half of the program is delivered online and more than half of the instruction is delivered online by a teacher from a different location than that of the student.

14."Open enrollment" means opportunities for students to enroll in online content and programming outside of those online opportunities provided by the district of residence.

15."Synchronous learning" means online learning in which the participants interact at the same time and in the same space.

16."Virtual learning" means learning opportunities that make use of technology to enhance the teaching and learning experience.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-08-12 to 01/04/2022
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Adoption — effective from 2012-08-12 to 08/12/2012

200-RICR-20-10-5 § 5.2 Authority, scope, and purpose

A.The Council on Elementary and Secondary Education (Council) pursuant to its delegated statutory authority under the R.I. Gen. Laws Chapter 16-60, promulgates these Regulations of the Council on Elementary and Secondary Education Governing Virtual Learning Education.

B.The Council recognizes that a variety of learning options, including online courses and programs, are critical for 21st Century learners. The Council also recognizes that online learning provides opportunities for students to access curriculum and specialized courses in a flexible learning environment that might not otherwise be available.

C.The purpose of this Part is to establish comprehensive and coherent policies governing Virtual Learning Education in Rhode Island. These Virtual Learning Education Regulations promote and support customized learning experiences for all learners through quality and engaging online content and programs and by allowing learners some element of control over the time, place, pace, and path of their learning.

D.This Part will help ensure that future technologies and innovative online learning activities can be integrated into existing practices in ways that continue to empower both educators and learners. The Virtual Learning Education Regulations are framed around four regulatory principles:

1.All learners in Rhode Island will have access to high quality, rigorous, and relevant online learning opportunities;

2.Virtual learning education in Rhode Island will support all learners in meeting academic and career goals;

3.Rhode Island will support reliable access to the Internet and technology tools necessary for virtual learning; and,

4.The Rhode Island Department of Education (RIDE) will coordinate these Virtual Learning Education Regulations with policies developed by higher education institutions and other state agencies.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-08-12 to 01/04/2022
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Adoption — effective from 2012-08-12 to 08/12/2012

200-RICR-20-10-5 § 5.3 Roles and responsibilities

5.3.1RIDE responsibilities and functions

A.The responsibilities of RIDE include but are not limited to:

1.Ensuring that existing and future state policies do not limit or prohibit students from engaging in online learning opportunities;

2.Ensuring open enrollment for all learners to provide greater access to quality online content;

3.Promoting state policies to support a move to competency-based learning;

4.Reviewing and communicating the national standards that will guide the development or purchase of quality online content, instruction and programming;

5.Providing information to the educational community relating to online learning content, instruction, programming and other online resources;

6.Promoting flexible student funding that supports access to online learning opportunities;

7.Supporting statewide efforts to ensure adequate resources for bandwidth and infrastructure; and,

8.Supporting opportunities for statewide efficiencies to increase access to technology and online learning.

5.3.2LEA responsibilities and functions

A.LEAs shall support student access and engagement in a variety of online learning opportunities such as online courses or online programs suitable for meeting the unique learning needs of individual students. Responsibilities of LEAs include but are not limited to:

1.Ensuring that all online content, regardless of the source, is rigorous, of high quality, and, where appropriate, aligned to adopted state and LEA standards;

2.Providing professional development on the utilization and integration of virtual learning opportunities into curriculum and instructional strategies;

3.Ensuring appropriate placement of students in online learning programs or courses;

4.Communicating the criteria and procedures for enrolling and remaining enrolled in online learning opportunities;

5.Communicating to students and parents or guardians acceptable online course work that will meet state and local graduation requirements;

6.Clearly identifying online coursework opportunities that meet post- secondary, college, or military enrollment requirements;

7.Ensuring the safety of all students in the online environment by adopting and upholding acceptable use and internet safety policies or protocols; and,

8.Creating and adopting a local virtual learning policy that provides all students with access to online learning and that clearly communicates all of the above and any other LEA procedures related to virtual learning education.

B.Recognition of which virtual learning opportunities fulfill coursework graduation requirements is a local decision and shall be predicated on alignment to State-adopted standards and other relevant national and industry standards.

C.Local graduation policies must not limit access or prohibit approved online coursework from fulfilling graduation requirements.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-08-12 to 01/04/2022
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Adoption — effective from 2012-08-12 to 08/12/2012

200-RICR-20-10-5 § 5.4 Customized learning

5.4.1Personalized learning opportunities

A.Technology can address the issues of relevance and engagement by providing a highly personalized learning experience that builds upon learning styles, interests, and abilities and allows students to work at their own pace. LEAs should incorporate online learning opportunities as part of a comprehensive and personalized learning experience to meet student interests, goals, and needs.

B.Individual Learning Plans

1.The Council Secondary Regulations, the Basic Education Program, and the Council Career and Technical Regulations require each student to engage in the development of learning plans that reflect his or her academic and career goals. Individual Learning Plans (ILP) and the ILP process are designed to help each student reach his or her academic and career goals. Quality online learning allows students to meet these goals through a wide variety of courses, instructional strategies, curriculum, and relevant content. LEAs shall utilize appropriate technology and online learning opportunities to help student achieve their goals and prepare them for success in college and careers. Individual Learning Plans should reflect each student’s engagement in virtual learning opportunities.

C.Elements of student control

1.All learners should be given the opportunity to choose a learning experience that supports their learning style and allows them to progress at their own pace. Technology and online learning programs provide students with some control over their learning because they can engage in online content anytime, anywhere and can progress through the content at their own rate. LEA virtual learning policies shall provide some level of flexibility for student choice and shall allow for students to demonstrate achievement in self-paced online coursework based on proficiency level rather than seat time.

D.Online delivery models

1.Digital learning programs can be offered synchronously and/or asynchronously to customize the learning environment that meets learner needs and learning styles. The level of teacher involvement in these programs varies as well; with teachers playing supporting roles in some courses and taking more direct instructional roles in others.

E.Role of teachers

1.The role of teachers and the level of teacher involvement with their students vary depending on the delivery model in use. In the blended learning classroom, the roles of teachers and students are often quite similar to their roles in a traditional classroom. As learning becomes more student-centered, the roles of teachers and students often change and teachers become facilitators of learning and students gain some control and choice over their learning experiences. Instructional technologies and quality online content enable educators to develop customized learning experiences for students.

F.Spectrum of delivery models

1.There are several models for delivery of online learning ranging from blended learning models that integrate online learning with face-to-face instruction in a brick and mortar school to fully online learning experiences. This Part does not limit the use of other models for online learning. LEAs retain the flexibility to choose appropriate online delivery models.

2.Blended learning occurs in a variety of venues and models and may incorporate online content in the form of a lesson, a single course, or an entire curriculum. A blended classroom or course provides flexibility and availability of programming that expands learning beyond the day or school year. In a blended learning environment, teachers facilitate students’ learning with direct instruction.

3.Virtual charter schools represent a more extensive online learning experience where students may complete most of their course work online at locations other than a school building. Virtual charter schools may also allow students to complete all required coursework online. Virtual charter schools must adhere to the Council Regulations Governing Rhode Island Public Charter Schools.

4.The intent of this Part is to ensure that all students have access to quality online learning opportunities and to support LEAs in their role of identifying the online learning activities that best meets each student’s needs and goals.

5.4.2Access and Opportunity

A.The advent of digital learning requires investments in computer hardware, communication networks, and technical support services. Decisions regarding spending on infrastructure and quality content at both the state and LEA level shall be made with these needs in mind, ensuring access to quality online learning for all learners.

B.Access to quality content, instruction and programming

1.LEAs shall have flexibility to make decisions regarding the development, adoption or purchase of quality online content and programming based on local data and information about student needs. § 5.4 of this Part contains details regarding quality assurance for content, instruction and programming.

C.24/7 access

1.Online learning opportunities provide the flexibility necessary for instruction and learning to occur anytime and anywhere. Providing anytime, anywhere access to online coursework will meet the needs of students who, for a variety of reasons, may not be able to “fit” their learning into a traditional school schedule. Local policy shall not prevent student access to quality online learning that occurs both within and outside of the traditional school setting.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-08-12 to 01/04/2022
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Adoption — effective from 2012-08-12 to 08/12/2012

200-RICR-20-10-5 § 5.5 Quality assurance

A.Learners in Rhode Island are assured access to quality instruction and learning opportunities through these Virtual Learning Education Regulations as well as, the Rhode Island Basic Education Program (Part 1 of this Subchapter), the Council Secondary Regulations (Part 2 of this Subchapter), Regulations Governing Career and Technical Education in Rhode Island (Part 3 of this Subchapter), the Rhode Island Teaching Standards (§ 20-1.3.2 of this Chapter) and the Education Evaluation Program (Subchapter 20 Part 3 of this Chapter). The Council Regulations for Virtual Learning Education will complement and enhance existing regulations by promoting students access to quality online learning opportunities as part of each student’s pathway.

B.Nationally recognized, research-based standards and best policy and practices will form the basis of RIDE developed guidance to LEAs and other educational organizations to ensure the quality of online content, instruction and programming. RIDE shall regularly review and revise guidance documents as necessary to reflect promising practices and technology advances and innovations.

5.5.1Content

Online content is the high quality academic material delivered through technology. It is what students learn and ranges from new engaging, interactive software to classic literature delivered through video lectures and games. All content whether online or in print must be aligned to common state standards, national and/or technical standards and reflect the guaranteed and viable curriculum available for all students. Online content shall also reflect the scope, rigor, and depth of quality content available through more traditional means. Online content shall be evaluated for effectiveness and LEAs seeking to adopt online content should require data on the effectiveness of that content including information such as student completion and achievement. Locally developed content must be aligned to state adopted standards and should follow nationally recognized standards for quality online content.

5.5.2Instruction

A.To ensure that learners have access to quality online instruction, teachers or instructors who teach directly in online courses, as well as those who support students in a blended learning environment, shall be appropriately trained and/or certified as described in this section.

B.Certification

1.In order to ensure that appropriately qualified or certified instructors are providing online credit-bearing coursework, instructors shall meet one of the following requirements:

a.K-12 teachers providing online instruction directly to students in an online environment shall be content certified in the state from which they are providing the online content; or

b.K-12 site-based teachers who are responsible for supervising students participating in credit-bearing online coursework that is not provided directly by an online instructor shall have appropriate Rhode Island content certification; or

c.Instructors providing instruction for dual enrollment courses, which are identified as credit-bearing courses, shall be appropriately qualified from an accredited post-secondary institution.

2.Supplemental online materials adopted as part of LEA or school curricula or course materials do not require special certification or qualifications for the teacher or instructor using such online instructional material. Teachers using such supplemental materials, as one of many sources of materials or activities to support their curricula, shall be appropriately content certified for all Rhode Island site-based teachers.

C.Training

1.To ensure that teachers are effective in supporting student success in online learning opportunities, whether through a blended learning model or a completely online model, teachers must be knowledgeable in online instructional strategies and pedagogy. Technology and online resources provide tools to support teachers in developing engaging, relevant and customized learning opportunities. Training and professional development opportunities focused on effective online instructional strategies and pedagogy through a coordinated K-12 and higher education effort are critical to better prepare teachers to support students in online learning environments. Virtual Learning Education guidance documents will provide educators and administrators with national models of teacher training and preparation programs that are effective in preparing teachers for online learning.

5.5.3Programming

It is expected that LEAs will embrace new technologies and virtual learning opportunities to develop innovative blended learning models. As LEAs develop online learning programs, they shall utilize nationally recognized best practices such as those included in RIDE Virtual Learning Education guidance. Development of effective programs will include at a minimum descriptions of online program leadership, instruction, content, student support services and evaluation for effectiveness. Program design considerations must be made to ensure equity and access.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-08-12 to 01/04/2022
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Adoption — effective from 2012-08-12 to 08/12/2012

200-RICR-20-10-5 § 5.6 Systemic supports for virtual learning education

This Part seeks to promote collaboration with higher education and state agencies to establish connected and coherent statewide policies. Higher education, cross agency and business partnerships can more effectively secure sufficient resources to ensure necessary technology infrastructure and to promote virtual learning opportunities for all learners in Rhode Island.

5.6.1Statewide policy

Building a high quality education system is an investment in the future of all Rhode Island students and in the future of Rhode Island’s economy. Virtual Learning Education is a long-term strategy that will support a quality education system, preparing students for post-secondary education and successful entry into the workforce. The development of a coherent statewide system for online learning will require a coordinated statewide effort with higher education and other state agencies. This Part authorizes the Commissioner to coordinate RIDE’s efforts with higher education and other state agencies to ensure the establishment of coherent statewide virtual learning policies and to promote collaborations that result in efficiencies of scale that support those policies.

5.6.2Resourcing, support, coordination, and articulation

A.The potential and inevitable impact of online learning across K-12, adult education, higher education, and workforce development necessitates that resources and supports be coordinated across the state. The Commissioner shall ensure that RIDE continues to seek new and innovative funding solutions to ensure all learners have access to quality online content.

B.The Commissioner shall ensure that RIDE participates in statewide efforts to support Virtual Learning Education with a focus on ensuring all students have access to quality online learning opportunities and ensuring efficiencies gained by coordinating resources. Coordinated statewide efforts can ensure purchasing power to maintain necessary infrastructure and acquire regular upgrades and negotiated lower costs for devices and online content and programming. Publicly available information regarding quality providers will support educators, administrators, families and students to make informed judgments about online content and programs. This information must be coordinated between RIDE and higher education to ensure that families and students are aware of acceptable course work that meets both graduation requirements and higher education acceptance and dual enrollment credit recognition.

C.The Commissioner shall ensure that RIDE coordinates its efforts with higher education, the legislature, and other key stakeholders to ensure the development of a comprehensive statewide policy framework and to coordinate resources focused on providing all learners access to quality online learning opportunities.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-08-12 to 01/04/2022
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Technical Revision — effective from 2012-08-12 to 08/12/2012
• Adoption — effective from 2012-08-12 to 08/12/2012

Subchapter 20 Educator Quality and Certification

200-RICR-20-20-2 Teacher Competency in English

200-RICR-20-20-2 § 2.1 Preamble

A. Legal authority

1. These rules and regulations are promulgated in accordance R.I. Gen. Laws § 16-60-1, et seq. and in accordance with the obligation of the Rhode Island Council on Elementary and Secondary Education (“the Council”) to “approve the …instructional standards required to be maintained in the public elementary and secondary schools of the state” R.I. Gen. Laws § 16-60-4(9)(i), and “to adopt standards and require enforcement and to exercise general supervision over all elementary and secondary public …education in the state….” R.I. Gen. Laws § 16-60-4(3).

2. These regulations support the requirement of the federal Elementary and Secondary Education Act (“ESEA”) that school districts must certify that, “… all teachers in any language instruction educational program for limited English proficient children that is, or will be, funded under this part are fluent in English and any other language used for instruction, including having written and oral communications skills.” 20 U.S.C. § 6826(c).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

200-RICR-20-20-2 § 2.2 Purpose of this Part

A. It is evident that Rhode Island teachers must be able to read, write, and speak the English language with sufficient competence to allow them to teach effectively, participate in advisories and common planning time, and successfully participate in staff development programs.

B. A teacher’s ability to effectively use the English language provides students with an exemplar they can use to improve their own competence in the use of English. Regardless of the specific subject the teacher is teaching, the teacher’s effective use of English in the classroom will tend to enlarge students’ vocabularies and enhance the ability of students to express complex thoughts in the English language. These improved student competencies will help students, particularly disadvantaged students and English language learners, to progress in all the other areas of their school work, while at the same time preparing them for success in college and careers.

C. A teacher’s command of English must also be sufficient to allow the teacher to deal with disciplinary situations, to understand the import of student comments that might constitute bullying or harassment, and to respond to student health, psychological, and social issues, along with issues involving the immediate safety and welfare of students.

D. Because of these varied demands of the teaching profession, it is essential that all public-school teachers must be able to competently read, write, and speak English.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

200-RICR-20-20-2 § 2.3 Special finding

A. The Council, based upon its experience in supervising public education in Rhode Island, finds that it is critically important for students to receive effective instruction and that a teacher’s lack of competency in the use of the English, as defined in this Part, creates a serious, immediate and continuing risk to student progress and safety, both of which require immediate and effective action by school authorities and by the Commissioner in order to protect the educational welfare and safety of the students concerned.

B. The Council further finds that the maintenance of effective instructional standards and the effective and safe operation of public schools require that school administrators be competent, as defined in this Part, in the use of English.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

200-RICR-20-20-2 § 2.4 Definition of “teacher” for purposes of this Part

The term "teacher," as used in these regulations, includes every person holding a position in the public schools of Rhode Island for which a certificate issued by the Rhode Island Department of Education is required. This regulation therefore applies to teachers and those administrators covered by R.I. Gen. Laws § 16-12.1-2.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

200-RICR-20-20-2 § 2.5 Competency standard

A.A teacher, or prospective teacher, must:

1. Read, write, and speak the English language with sufficient competence to allow him or her to effectively teach students and prepare these students for success in required local and state assessments and evaluations. Competency includes the ability to spell and to use correct grammar.

2. Have English skills necessary to fully participate in advisories and common planning time with other school professionals.

3. Have English skills necessary to enable the teacher to fully profit from participation in staff-development programs.

4. Have English skills sufficient to allow the teacher to deal with disciplinary situations, to understand the import of student comments that might constitute bullying or harassment, and to respond to student health, psychological, and social issues, along with other issues involving the immediate safety and welfare of students.

B.The fact that a teacher, or a prospective teacher, speaks with an accent shall not be considered evidence that the teacher, or prospective teacher, is not competent in English, unless the accent is so strong that it meaningfully impairs intelligibility. This standard must be interpreted in a way that complies with all applicable federal and state civil rights rules and regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

200-RICR-20-20-2 § 2.6 Duty to evaluate competency in English

A. All school committees, school boards, charter public schools, and other public-school entities employing teachers shall ensure that these teachers are competent in the use of the English language.

B.If a teacher is not competent in the use of the English language, as determined in accordance with this Part, the employing entity must take immediate action to remove the teacher or administrator from classroom or administrative duties.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

200-RICR-20-20-2 § 2.7 When competency must be determined

A. A teacher’s competency in English must be determined when a teacher is hired and when a decision is being made on whether to grant a teacher tenure.

B.A determination of competency in English must also be made when warranted by teacher evaluations or by complaints or concerns expressed by parents, students, faculty members, or responsible persons. This determination must be made as soon as practicable, and in any event must be made within ten school days. If, for any reason, this determination does not take place within ten school days, the Commissioner shall take steps to ensure that a determination is promptly made. A delay in making the determination shall not abate proceedings under these regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

200-RICR-20-20-2 § 2.8 Evaluation process

A. If concerns, in accordance with § 2.5 of this Part, are raised about a teacher’s competency in the use of English, an evaluator who has been trained in evaluating such competency shall observe the classroom instruction provided by the teacher.

B. If the evaluator concludes that the teacher lacks competency in English, a second similarly trained evaluator shall observe the classroom instruction provided by the teacher.

C. If both evaluators conclude that the teacher’s English skills do not meet the competency standard specified in § 2.5 of this Part, the evaluators shall inform the superintendent or other chief executive officer who shall inform the teacher and the Commissioner of the conclusion in writing on a form to be provided by the Commissioner.

D. The form provided to the teacher shall inform the teacher that he or she will be accorded the opportunity to take an English competency examination endorsed by the Council. This examination shall take place within ten school days from the date the teacher is given notice of the findings of the two evaluators, unless the time for taking the examination is enlarged by the Commissioner for good cause shown. A delay in the provision of the examination shall not abate proceedings under these regulations.

E.If the teacher obtains a passing score on the examination, as set by the Council, the teacher shall be deemed to be competent in English, and no further action concerning the teacher’s competence in English shall be taken.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

200-RICR-20-20-2 § 2.9 Required action from the school district, charter school, or other public school entity

A. If the teacher does not take the examination or if the teacher fails the examination, the superintendent shall recommend to the school committee or to the governing board that the teacher be dismissed or suspended for cause or that a non-tenured teacher’s contract not be renewed, in accordance with R.I. Gen. Laws Chapter 16-13. The superintendent may recommend that the teacher be suspended for a period of time to enable the teacher to attain competency in English.

B. A teacher so suspended shall not be allowed to return to teaching duties until he or she has attained a passing score on the English competency examination required by the Council. If the teacher does not pass the required examination during the period of suspension, the superintendent shall request the suspension, nonrenewal, or dismissal of the teacher.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

200-RICR-20-20-2 § 2.10 Action by the Commissioner 2.10 Action by the Commissioner {#sec-200-ricr-20-20-2-2.10-action-by-the-commissioner omnilex-key=us-ri-regs-official--title-200--200-RICR-20-20-2#2.10 Action by the Commissioner}

A.A teacher’s lack of competency in the use of English, as defined in this Part, constitutes good cause for suspending or annulling a teacher’s teaching certificate in accordance with R.I. Gen. Laws § 16-11-4.

B.When the Commissioner is informed by the superintendent or other chief executive officer acting under these regulations that a teacher’s English skills do not meet the competency standard specified in § 2.5 of this Part, the Commissioner may act to suspend or annul the teacher’s certification in accordance with R.I. Gen. Laws §§ 16-11-4 and 42-35-14.

C. As specified in § 2.8 of this Part the teacher concerned shall first be accorded an opportunity to take an English competency examination. If the teacher obtains a passing score on the examination, as set by the Council, the teacher shall be deemed to be competent in English, and no further action concerning the teacher’s competence in English shall be taken by the Commissioner. If the teacher does not take the examination or if the teacher fails the Examination, the Commissioner may summarily suspend the teacher’s teaching certificate during the pendency of the due process procedures required by law and regulation.

D. The due process procedures required by R.I. Gen. Laws § 42-35-14 shall be followed in such cases. If the Commissioner, in order to protect the health, safety, welfare and academic progress of students, elects to summarily suspend a teaching certificate prior to a full hearing on the merits of the case, the Commissioner, whenever it is reasonably possible, shall provide the affected teacher with an informal pre-deprivation hearing before the suspension takes place. A full hearing on the merits will be scheduled promptly and decision of the merits of the case will be provided in a timely manner.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

200-RICR-20-20-2 § 2.11 Training of evaluators

A. The Commissioner shall determine an appropriate training program for those evaluators who are to make assessments of English competency for purposes of these regulations.

B. The Commissioner, pursuant to R.I. Gen. Laws § 16-11-2, shall conduct a sufficient examination of those evaluators who are to make assessments of English competency so as to ensure that these evaluators are competent to carry out their duties.

C. The Commissioner may appoint those so certified as special visitors to conduct the evaluations required by these regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

200-RICR-20-20-2 § 2.12 Adoption of English competency examination

The Council, on the recommendation of the Commissioner, shall, in accordance with the Rhode Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35, adopt an English competency examination and a qualifying score on this examination.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

200-RICR-20-20-2 § 2.13 Effect of arbitration 2.13 Effect of arbitration {#sec-200-ricr-20-20-2-2.13-effect-of-arbitration omnilex-key=us-ri-regs-official--title-200--200-RICR-20-20-2#2.13 Effect of arbitration}

The results of arbitration shall have no effect on the authority of the Commissioner to annul a teaching certificate.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2011-08-11 to 01/04/2022
• Amendment — effective from 2011-08-11 to 08/11/2011
• Adoption — effective from 2011-03-14 to 08/11/2011

Chapter 30 Department of Elementary and Secondary Education

Subchapter 10 Civil Rights

200-RICR-30-10-1 Regulations Governing Protections for Students Rights to be Free from Discrimination on the Basis of Sex, Gender, Sexual Orientation, Gender Identity, or Gender Expression

200-RICR-30-10-1 § 1.1 Authority

The Commissioner, pursuant to R.I. Gen. Laws § 16-38-1.1(a)(5) has the authority to promulgate regulations to enforce the statutory requirements prohibiting discrimination on the basis of sex, gender, sexual orientation, gender identity, or gender expression in schools.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-04-17 to 01/04/2022
• Adoption — effective from 2018-04-17 to 04/17/2018

200-RICR-30-10-1 § 1.2 Definitions

A. “Gender non-conforming” means a term used to describe people whose gender expression differs from stereotypic expectations. This includes people who identify outside traditional gender categories or identify as both genders. Other terms that can have similar meanings include “gender variant”, “gender expansive”, or “gender atypical”.

B.“Transgender” means an umbrella term used to describe a person whose gender identity or gender expression is different from that traditionally associated with their assigned sex at birth.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-04-17 to 01/04/2022
• Adoption — effective from 2018-04-17 to 04/17/2018

200-RICR-30-10-1 § 1.3 Protection for Transgender and Gender Nonconforming Students

A. Programs and activities operated by Rhode Island public educational agencies shall be free from discrimination based on sex, gender, sexual orientation, gender identity or gender expression. By July 1, 2018, each Local Education Agency (“LEA”) shall adopt a policy addressing the rights of transgender and gender non-conforming students to a safe, supportive and non-discriminatory school environment.

B. The LEA policy shall be consistent with state and national best practices, guidance, and model policies and shall address, at a minimum, such issues as confidentiality and privacy, discipline and exclusion, staff training, access to school facilities and participation in school programs, dress codes, official school records and use of preferred names and pronouns.

C. The LEA shall inform all members of the school community, including all school personnel, students, and families about this policy.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-04-17 to 01/04/2022
• Adoption — effective from 2018-04-17 to 04/17/2018

200-RICR-30-10-2 Safe School Act - Statewide Bullying Policy

200-RICR-30-10-2 § 2.1 Introduction

2.1.1Authority and purpose

This Statewide Bullying Policy is promulgated pursuant to the authority set forth in R.I. Gen. Laws § 16-21-34. Known as the Safe School Act, the statute recognizes that the bullying of a student creates a climate of fear and disrespect that can seriously impair the student's health and negatively affect learning. Bullying undermines the safe learning environment that students need to achieve their full potential. The purpose of the Policy is to ensure a consistent and unified statewide approach to the prohibition of bullying at school.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012

200-RICR-30-10-2 § 2.2 Definitions

A. “Bullying” means:

1. The use by one or more students of a written, verbal or electronic expression or a physical act or gesture or any combination thereof directed at a student that:

a. Causes physical or emotional harm to the student or damage to the student's property;

b. Places the student in reasonable fear of harm to himself/herself or of damage to his/her property;

c. Creates an intimidating, threatening, hostile, or abusive educational environment for the student;

d.Infringes on the rights of the student to participate in school activities; or,

e.Materially and substantially disrupts the education process or the orderly operation of a school.

2. The expression, physical act or gesture may include, but is not limited to, an incident or incidents that may be reasonably perceived as being motivated by characteristics such as:

a. Race;

b. Color;

c. Religion;

d. Ancestry;

e. National origin;

f. Gender;

g. Sexual orientation;

h. Gender identity and expression;

i. Mental, physical, or sensory disability, intellectual ability; or,

j.By any other distinguishing characteristic.

3. Bullying most often occurs as repeated behavior and often is not a single incident between the bullying/cyber-bullying offender(s) and the bullying victim(s).

B. “Cyber-bullying” means:

1. Bullying through the use of technology or any electronic communication, which shall include, but not be limited to, any transfer of signs, signals, writing, images, sounds, data, texting or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, Internet communications, instant messages or facsimile communications.

2. Forms of cyber-bullying may include but are not limited to:

a. The creation of a web page or blog in which the creator assumes the identity of another person;

b. The knowing impersonation of another person as the author of posted content or messages; or,

c. The distribution by electronic means of a communication to more than one person or the posting of materials on an electronic medium that may be accessed by one or more persons, if the creation, impersonation, or distribution results in any of the conditions enumerated in §§ 2.2(A)(1)(a) through (e) of this Part.

C. “At school” means:

1. On school premises;

2. At any school-sponsored activity or event whether or not it is held on school premises;

3. On a school-transportation vehicle;

4.At an official school bus stop;

5. Using property or equipment provided by the school; or,

6. Acts which create a material and substantial disruption of the education process or the orderly operation of the school.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012

200-RICR-30-10-2 § 2.3 School climate

A. Bullying, cyber-bullying, and retaliation against any person associated with a report of bullying or the investigation thereof is prohibited in all schools that are approved for the purpose of the compulsory attendance statute. R.I. Gen. Laws §§ 16-19-1 and 16-19-2.

B. School staff shall take all reasonable measures to prevent bullying at school. Such measures may include professional development and prevention activities, parental workshops, and student assemblies among other strategies.

C. School faculty, administration and staff, at all times, will model courteous behavior to each other, to students, and to school visitors. Abusive or humiliating language or demeanor will not be accepted.

D. Students and their families are expected to exhibit courteous behavior to all members of the learning community in school and at school sponsored events.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012

200-RICR-30-10-2 § 2.4 Policy oversight and responsibility

A. The school principal, director, or head of school shall be responsible for the implementation and oversight of this bullying policy.

B. The school principal, director, or head of school shall provide the superintendent, school committee and/or school governing board with a summary report of incidents, responses, and any other bullying-related issues at least twice annually.

C. For public schools, the prevention of bullying shall be part of the school district strategic plan and school safety plan. R.I. Gen. Laws §§ 16-7.1-2(e); 16-21-24.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012

200-RICR-30-10-2 § 2.5 Information dissemination

A. The school principal, director or head of school shall ensure that students, staff, volunteers, and parents/legal guardians are provided information regarding this Policy. This information shall include methods of discouraging and preventing this type of behavior, the procedure to file a complaint, and the disciplinary action that may be taken against those who commit acts in violation of this policy.

B. This Policy shall be:

1. Distributed annually to students, staff, volunteers, and parents/legal guardians;

2.Included in student codes of conduct, disciplinary policies, and student handbooks;

3. A prominently posted link on the home page of the school /district website.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012

200-RICR-30-10-2 § 2.6 Reporting

A. The school principal, director or head of school shall establish, and prominently publicize to students, staff, volunteers, and parents/guardians, how a report of bullying may be filed and how this report will be acted upon. (See § 2.13 of this Part for sample Report Form).

B. The victim of bullying, anyone who witnesses an incidence of bullying, and anyone who has credible information that an act of bullying has taken place may file a report of bullying.

C. Any student or staff member who believes he/she is being bullied should immediately report such circumstances to an appropriate staff member, teacher or administrator.

D. Parents or guardians of the victim of bullying and parents or guardians of the alleged perpetrator of the bullying shall be notified within twenty-four hours of the incident report. When there is a reasonable suspicion that a child is either a bully or a victim of bullying, the parents/ guardians of the child will be notified immediately by the principal, director or head of school.

E. Responsibility of Staff:

1. School staff, including volunteers, who observe an act of bullying or who have reasonable grounds to believe that bullying is taking place must report the bullying to school authorities.

2. Failure to do so may result in disciplinary action.

F. Responsibility of Students:

1. Students who observe an act of bullying or who have reasonable grounds to believe that bullying is taking place must report the bullying to school authorities.

2. Failure to do so may result in disciplinary action.

3. The victim of bullying, however, shall not be subject to discipline for failing to report the bullying. Student reports of bullying or retaliation may be made anonymously, provided, however, that no disciplinary action shall be taken against a student solely on the basis of an anonymous report.

G. Prohibition against Retaliation:

1. Retaliation or threats of retaliation in any form designed to intimidate the victim of bullying, those who are witnesses to bullying, or those investigating an incident of bullying shall not be tolerated.

2. Retaliation or threat of retaliation will result in the imposition of discipline in accordance with the school behavior code.

H. False Reporting/Accusations:

1. A school employee, school volunteer or student who knowingly makes a false accusation of bullying or retaliation shall be disciplined in accordance with the school behavior code.

I. Reports in Good Faith:

1. A school employee, school volunteer, student, parent/ legal guardian, or caregiver who promptly reports, in good faith, an act of bullying to the appropriate school official designated in the school's policy shall be immune from a cause of action for damages arising from reporting bullying.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012

200-RICR-30-10-2 § 2.7 Investigation

A. The school principal, director or head of school shall promptly investigate all allegations of bullying, harassment, or intimidation. If the allegation is found to be credible, appropriate disciplinary actions, subject to applicable due process requirements, will be imposed. The School Resource Officer or other qualified staff may be utilized to mediate bullying situations.

B. The investigation will include an assessment by the school psychologist and/or social worker of what effect the bullying, harassment or intimidation has had on the victim. A student who engages in continuous and/or serious acts of bullying will also be referred to the school psychologist and/or social worker.

C. Police Notification:

1. Immediate notification of the local law enforcement agency will be made when circumstances warrant the pursuit of criminal charges against the perpetrator.

D. Protection:

1. If a student is the victim of serious or persistent bullying:

a. The school principal, director or head of school will intervene immediately to provide the student with a safe educational environment.

b. The interventions will be developed, if possible, with input from the student, his or her parent or guardian, and staff.

c. The parents/ guardians of a victim shall also be notified of the action taken to prevent any further acts of bullying or retaliation.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012

200-RICR-30-10-2 § 2.8 Disciplinary action

A. The disciplinary actions for violations of the bullying policy shall be determined by the school/district appropriate authority. Disciplinary actions for violations of the bullying policy shall balance the need for accountability with the need to teach appropriate behavior. The severity of the disciplinary action shall be aligned to the severity of the bullying behavior.

B. The range of disciplinary actions that may be taken against a perpetrator for bullying, cyberbullying or retaliation shall include, but not be limited to:

1. Admonitions and warnings;

2. Parental/ Guardian notification and meetings;

3. Detention;

4. In-school suspension;

5. Loss of school-provided transportation or loss of student parking pass;

6.Loss of the opportunity to participate in extracurricular activities;

7. Loss of the opportunity to participate in school social activities;

8. Loss of the opportunity to participate in graduation exercises or middle school promotional activities;

9.Police contact; or,

10. School suspension, though no student shall be suspended from school unless it is deemed to be a necessary consequence of the violation of this Policy.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012

200-RICR-30-10-2 § 2.9 Social services or counseling

Referral to appropriate counseling and/or social services currently being offered by schools or communities shall be provided for bullying victims, perpetrators and appropriate family members of said students.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012

200-RICR-30-10-2 § 2.10 Social networking

Students shall be prohibited from accessing social networking sites in school, except for educational or instructional purposes and with the prior approval from school administration.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012

200-RICR-30-10-2 § 2.11 Other redress

This section does not prevent a victim of bullying, cyber-bullying or retaliation from seeking redress under any other available law, either civil or criminal. This section does not create or alter any tort liability.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012

200-RICR-30-10-2 § 2.12 Adoption of policy

The governing bodies of all schools approved for the purpose of R.I. Gen. Laws §§ 16-19-1 and 16-19-2 shall adopt this Policy by June 30, 2012.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012

200-RICR-30-10-2 § 2.13 Report Form (Sample)

REPORT FORM (SAMPLE)

(Bullying and/or Cyberbullying)

Name: ______________________________Student ID: _______________________

Grade: ______

Date: ______________ Time: _________

School: ___________________________________________

Please answer the following questions about this reporting incident:

List the name of the alleged bully, and/or cyberbully. If name is not known, provide any other identifiable information:

Relationship between you and the alleged bully, and/or cyberbully:

Describe the incident:

When and where did it happen?

Were there any witnesses? [ ] yes [ ] no If yes, who?

Other information, including previous incidents or threats:

Student or parent declines to complete this form:

Initial: _________________ Date: ____________

I certify that all statements made in the complaint are true and complete. Any intentional false statement of fact will subject me to appropriate discipline. I authorize school officials to disclose the information I provide only as necessary in pursuing the investigation.

Signatures:

Student: ___________________________________________ Date: ____________

School official receiving complaint: ______________________ Date: ____________

School official conducting follow-up: _____________________ Date: ____________

This document shall remain confidential

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-06-30 to 01/04/2022
• Technical Revision — effective from 2012-06-30 to 06/30/2012
• Adoption — effective from 2012-06-30 to 06/30/2012