Rhode Island Code of Regulations
Title 200 - Board of Education
Chapter 20 - Council on Elementary and Secondary Education
Subchapter 30 - Student Supports
Part 3 - Regulations Governing the Education of English Language Learners
Section 200-RICR-20-30-3.6 - Student Placement Standards

1. the student's English-proficiency level;

2. the student's literacy level in her or his native language or languages;

3. number of years the student has attended school;

4. continuity of the student's schooling;

5. student retention-information; and

6. information on whether the student is receiving special education, whether the student may be in need of special education, or whether the student has a disability that affects his or her academic performance or limits his or her access to school facilities.

1. An English Language Learner shall be classified in accordance with these regulations and shall be placed in the appropriate grade for his or her age, except when the learner's educational background indicates a need for an alternative placement as a result of limited formal schooling.

2. The student shall not be placed more than one grade level below that appropriate to his or her age except as provided for in § 3.6 of this Part.

3. At the secondary level, LEAs must review the English Language Learner's previous educational records to ensure that the student receives appropriate credit for prior course-work.

4. The placement decision shall respect the right of an English Language Learner to participate in other programs and services for which he or she is eligible or entitled to including but not limited to special education, targeted interventions, or gifted programs; so as to ensure that the student's educational needs are met on a basis equal to that provided to other students.

5. All English Language Learners shall receive an assessment of their home/native language literacy when valid evaluation instruments are available.

6. Placement of English Language Learners in a specialized instructional program for English Language Learners shall be made within twenty (20) school days of the completion of the Home Language Survey. See also: § 3.3(D) of this Part [English Language Learners entitled to immediate tentative placement.]

7. All student assessment and placement data, including questions of exceptionality, shall be sent to the appropriate LEA administrator. These data shall be recorded in the student's permanent record.

8. LEA's shall provide a student's parents with a complete description of the student's placement and the reasons for that placement referral. This notice shall be in English and in the home/native language of the parents unless it can be demonstrated to RIDE that this requirement would place an unreasonable burden on the LEA. When possible, RIDE shall provide sample notification letters for use by low-incidence LEAs.

9. Parents shall be informed of the date of their child's placement and of their right to approve or waive the proposed placement. If the parents choose to waive the child's ELL program placement, the LEA is responsible for assessing the English Language Proficiency of the student on the annual ELP assessment as well as for conducting a six (6) month monitoring of the student's academic progress without benefit of ELL services. Parents must be notified of the results of both the ELP assessment and monitoring so that the placement decision might be reviewed.