2012 -- H 7577

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION - BOARD OF GOVERNORS FOR HIGHER EDUCATION

     Introduced By: Representatives MacBeth, Menard, Tomasso, DaSilva, and Azzinaro

     Date Introduced: February 15, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-59-4 of the General Laws in Chapter 16-59 entitled "Board of

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Governors for Higher Education" is hereby amended to read as follows:

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     16-59-4. Powers and duties of board. -- The board of governors for higher education

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shall have, in addition to those enumerated in section 16-59-1, the following powers and duties:

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      (1) To approve a systematic program of information gathering, processing, and analysis

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addressed to every level, aspect, and form of higher education in this state especially as that

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information relates to current and future educational needs so that current needs may be met with

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reasonable promptness and plans formulated to meet future needs as they arise in the most

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efficient and economical manner possible.

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      (2) To approve a master plan defining broad goals and objectives for higher education in

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the state including a comprehensive capital development program. These goals and objectives

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shall be expressed in terms of what men and women should know and be able to do as a result of

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their educational experience. The board of governors shall continuously evaluate the efforts and

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results of education in the light of these objectives.

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      (3) To formulate broad policy to implement the goals and objectives established and

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adopted by the board of governors, to adopt standards and require enforcement and to exercise

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general supervision over all higher public education in the state and over independent higher

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education in the state as provided in subdivision (8) of this section. The board of governors shall

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not engage in the operation or administration of any subordinate committee, university, junior

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college, or community college, except its own office of higher education and except as

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specifically authorized by an act of the general assembly; provided, the presidents of each

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institution of higher learning shall be the chief administrative and executive officers of that

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institution; and provided that nothing contained in this section shall prohibit their direct access to

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or interfere with the relationship between the presidents and the board of governors. The adoption

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and submittal of the budget, the approval of tables of organization, the creation, abolishment, and

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consolidation of departments, divisions, programs, and courses of study, and the acquisition,

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holding, disposition, and general management of property shall not be construed to come within

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the purview of the preceding prohibition. The board shall communicate with and seek the advice

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of the commissioner of higher education and all those concerned with and affected by its

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determinations as a regular procedure in arriving at its conclusions and in setting its policy.

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      (4) To prepare and maintain a five (5) year funding plan for higher education; to prepare

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with the assistance of the commissioner of higher education and to present annually to the state

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budget officer in accordance with section 35-3-4 a state higher educational budget, which shall

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include, but not be limited to, the budget of the office of higher education and the budget of the

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state colleges. In the preparation of the budget, the board shall determine priorities of

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expenditures for public higher education purposes of state revenues and other public resources

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made available for the support of higher public education. Nothing contained in this subdivision

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shall authorize the board to alter the allocation of grants or aid otherwise provided by law.

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      (5) To maintain an office of higher education; to provide for its staffing and

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organization; and to appoint a commissioner of higher education pursuant to section 16-59-6, who

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shall serve at its pleasure. The commissioner of higher education and the office of higher

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education shall have the duties and responsibilities as defined in sections 16-59-6 and 16-59-7.

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      (6) To appoint and dismiss presidents of the public institutions of higher learning with

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the assistance of the commissioner of higher education, and to establish procedures for this, and

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with the assistance of the commissioner to approve or disapprove vice presidents of the public

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institutions of higher learning appointed by the respective presidents of the public institutions of

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higher learning.

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      (7) To establish other educational agencies or subcommittees necessary or desirable for

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the conduct of any or all aspects of higher education and to determine all powers, functions, and

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composition of any agencies or subcommittees and to dissolve them when their purpose shall

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have been fulfilled.

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      (8) To exercise the authority vested in the board of regents for education with relation to

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independent higher educational institutions within the state under the terms of chapter 40 of this

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title, and other laws affecting independent higher education in the state.

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      (9) To enforce the provisions of all laws relating to higher education, public and

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independent.

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      (10) To be responsible for all the functions, powers, and duties which were vested in the

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board of regents for education relating to higher education, including but not limited to the

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following specific functions:

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      (i) To approve the tables of organization at public institutions of higher learning with the

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assistance of the commissioner of higher education.

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      (ii) To adopt and require standard accounting procedures for the office of higher

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education and all public colleges and universities.

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      (iii) To create, abolish, and consolidate departments, divisions, programs, and courses of

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study within the public colleges and universities with the assistance of the commissioner of

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higher education after consultation with the presidents.

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      (iv) To establish a clear and definitive mission for each public institution of higher

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learning with the assistance of the commissioner of higher education.

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      (v) To promote maximum efficiency, economy, and cooperation in the delivery of public

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higher educational services in the state and cooperation with independent institutions of higher

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education.

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      (11) To incorporate into its own affirmative action reporting process periodic reports

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monitoring specific faculty and staff searches by the chairperson of the search committee to

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include the rationale for granting those interviews and the final hiring results. The institutions

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must empower its affirmative action officer to monitor searches in this manner, to intervene

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during the search, and, when necessary, to cause a search to cease if affirmative action goals are

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not being adequately served.

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      (12) To incorporate a specific category for accountability on affirmative action goals and

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implementation as part of the board's annual evaluations and three (3) year reviews for the

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presidents of each of the public institutions of higher education.

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      (13) To make a formal request of the governor that whenever an opportunity arises to

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make new appointments to the board, that the governor make every effort to increase the number

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of African Americans, Native Americans, Asians, and Hispanics on the board.

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      (14) Within ninety (90) days after the end of each fiscal year, the board shall submit an

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annual report to the governor, the speaker of the house of representatives, and the president of the

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senate of its activities during that fiscal year. The report shall provide: an operating statement

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summarizing meetings or hearings held, subjects addressed, decisions rendered, rules or

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regulations promulgated, studies conducted, policies and plans developed, approved, or modified,

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and programs administered or initiated; a consolidated financial statement of all funds received

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and expended including the source of the funds, a listing of any staff supported by these funds,

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and a summary of any clerical, administrative or technical support received; a summary of

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performance during the previous fiscal year including accomplishments, shortcomings and

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remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the

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authority of the board; a briefing on anticipated activities in the upcoming fiscal year; and

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findings and recommendations for improvements. The director of the department of

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administration shall be responsible for the enforcement of the provisions of this subsection.

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      (15) The board shall conduct a training course for newly appointed and qualified

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members within six (6) months of their qualification. The course shall be developed by the

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chairperson of the board, approved by the board, and conducted by the chairperson of the board.

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The board may approve the use of any board or staff members or other individuals to assist with

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training. The training course shall include instruction in the following areas: the provisions of

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chapters 42-46, 36-14, and 38-2; and the board's own rules. The director of the department of

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administration shall, within ninety (90) days of the effective date of this act [March 24, 2006]

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prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and

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38-2.

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     (16) The board shall require that the department of elementary and secondary education

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use federal education funds exclusively for special education requirements pursuant to federal law

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and regulations, 20 U.S.C. 1400, et seq. and 34 CFR Part 300. The Rhode Island department of

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elementary and secondary education shall submit to the general assembly, on an annual basis, an

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independent accounting of all expenditures of federal special education monies clearly identifying

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the expenditure and its link to furthering a special education requirement set forth in federal

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special education law and regulation. The Rhode Island department of elementary and secondary

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education is prohibited from expending money identified under this section for any purpose not

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clearly identified in the laws and regulations cited within this section.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - BOARD OF GOVERNORS FOR HIGHER EDUCATION

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     This act would require that the Rhode Island department of elementary and secondary

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education spend federal special education funds on specific special education programs.

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     This act would take effect upon passage.

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LC01580

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