SECTION 1. Chapter 16-22 of the General Laws entitled "Curriculum [See Title 16 Chapter 97 — the Rhode Island Board of Education Act]" is hereby amended by adding thereto the following section: 16-22-1.1. Definitions. For the purposes of this chapter:
(1) “504 accommodations” refers to supports and adjustments provided to a kindergarten through grade twelve (K–12) student with a disability under Section 504 of the federal Rehabilitation Act 29 U.S.C. § 701 et seq., so the student can access school on an equal basis with peers.
(2) “Alternative” means tailored instruction and support for students who cannot have their needs met in a traditional setting.
(3) “Disproportionally failing” means students in foster care are experiencing academic failure, restrictive placements, or exclusionary discipline at significantly higher rates than their representation in the overall student population.
(4) “Expelled” means long-term or permanent removal from their school for serious misconduct.
(5) “Foster care” means twenty-four (24) hour substitute care for children placed away from their parents or guardians including, but not limited to, placements in licensed foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes.
(6) “Special education services” means services provided pursuant to § 16-24-1. Special education services means specially designed instruction, at no cost to parents, to meet the unique needs of children with disabilities ages three through twenty-two (3–22), including classroom instruction, physical education, and related services.
(7) “Suspension from school” means a disciplinary action where a student is temporarily removed from their regular classes and/or school environment because of a violation of school rules or policies. Many systems distinguish between in‑school suspension (student stays at school in a supervised, separate setting) and out‑of‑school suspension (student is sent home and excluded from school grounds).
SECTION 2. Section 16-22-9.1 of the General Laws in Chapter 16-22 entitled "Curriculum [See Title 16 Chapter 97 — the Rhode Island Board of Education Act]" is hereby amended to read as follows: 16-22-9.1. Foster care youth academic reports.
(a) Every superintendent of schools employed in accordance with the provisions of chapter 2 of this title shall on or before September 15, 2022, and annually thereafter on or before September 15, complete a report on the progress and status of educational achievement and development of all foster care youth attending every public school under the superintendent’s care and supervision. The report shall include, but not be limited to:
(1) The total number of foster care youth identified by school and grade of instruction;
(2) The number of foster care youth receiving supplementary literacy instruction pursuant to the provisions of § 16-67-2;
(3) The foster care youth uniform testing scores for testing pursuant to the provisions of § 16-22-9, and the percentage of foster care youth who meet or exceed the mean average score for uniform testing;
(4) The percentage of foster care youth meeting academic standards;
(5) The number and percentage of foster care youth receiving alternative or special education services;
(6) The number of foster care youth suspended or expelled from school during the academic year and a breakdown by infraction type;
(7) The number of foster care youth identified as involved in chronic absenteeism, truancy, or as drop-outs; and
(8) The number of foster care youth assigned to advanced placement.;
(9) The number and percentage of foster care youth receiving 504 accommodations;
(10) The number of foster care youth who were evaluated and/or determined special education or 504 eligible;
(11) The number of foster care youth in each school who have an appointed surrogate parent pursuant to the provisions of § 33-15.1-2; and
(12) The percentage of foster care youth who are on track to graduate in four (4) years, based on credit attainment.
(b) If the superintendent determines based on the information provided in the report prepared pursuant to subsection (a) of this section that foster care youth are disproportionately failing to meet academic standards or are disproportionately subject to school discipline compared to the overall student population, then the superintendent shall develop a remediation plan and include the remediation plan to address identified gaps and improve outcomes for students in foster care as part of the report promulgated pursuant to subsection (a) of this section.
(c) The school department shall develop a remediation plan and submit to RIDE within twenty-one (21) calendar days of the superintendent's determination made pursuant to subsection
(a) of this section. Remediation plans for each district shall be reviewed and approved by RIDE within twenty-one (21) calendar days from the date the plan is received.
(d) Any district required to submit a remediation plan shall submit a progress report in March and in June to report on corrective action taken and a resubmission of all data outlined in subsection (a) of this section. These progress reports shall be submitted to all parties outlined in subsection (f) of this section.
(e) Should the progress reports illustrate a lack of improvement in outcomes, the report shall identify what alternatives should be considered to improve performance. (c)(f) Every superintendent shall provide a copy of the reports promulgated pursuant to subsection (a) of this section to the commissioner of elementary and secondary education and the applicable school committee, the office of the governor, the senate president, the speaker of the house, the director of department of children, youth & families, the Rhode Island family court, and the office of the child advocate.
SECTION 3. This act shall take effect upon passage.