Section 200-RICR-20-30-3.8 - Class SizeA. Class size shall be kept at a student-to-teacher ratio that permits effective instruction as defined in § 3.5 of this Part. It is the responsibility of the LEA to assess the needs of English language learners, assign personnel in accordance with those needs, and evaluate the delivery of services to determine whether the LEA's program conforms to the requirements of this Part.B. Every LEA shall provide RIDE with its policy to determine the number and types of personnel required under this section, and a description of the public process the agency used to develop its policy. Every LEA shall report annually to RIDE the LEA's plan, pursuant to said policy, to comply with this regulation, including the number of full-time equivalent positions of staff it uses to meet the needs of English language learners.C. The Commissioner may establish a class size maximum and/or staffing ratios for any group(s) of personnel, class, school, or LEA, if the Commissioner determines that: 1. The plan submitted by the LEA is insufficient to fulfill the requirements of this section, or2. The LEA has failed to comply with the terms of the plan submitted by the LEA; or3. Student performance within or throughout the LEA warrants intervention as dictated by R.I. Gen. Laws § 16-7.1-5.4. Any decision made under this section by the Commissioner may be appealed under R.I. Gen. Laws § 16-39-3.200 R.I. Code R. 200-RICR-20-30-3.8