2012 -- H 7890

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LC01645

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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 - SCHOOL COMMITTEES AND SUPERINTENDENTS

     Introduced By: Representatives Phillips, Johnston, Reilly, Ehrhardt, and McLaughlin

     Date Introduced: March 06, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-2-9 and 16-2-9.3 of the General Laws in Chapter 16-2 entitled

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"School Committees and Superintendents" are hereby amended to read as follows:

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     16-2-9. General powers and duties of school committees. -- (a) The entire care,

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control, and management of all public school interests of the several cities and towns shall be

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vested in the school committees of the several cities and towns. School committees shall have, in

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addition to those enumerated in this title, the following powers and duties:

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      (1) To identify educational needs in the community.

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      (2) To develop education policies to meet the needs of the community.

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      (3) To provide for and assure the implementation of federal and state laws, the

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regulations of the board of regents for elementary and secondary education, and of local school

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policies, programs, and directives.

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      (4) To provide for the evaluation of the performance of the school system.

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      (5) To have responsibility for the care and control of local schools.

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      (6) To have overall policy responsibility for the employment and discipline of school

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department personnel.

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      (7) To approve a master plan defining goals and objectives of the school system. These

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goals and objectives shall be expressed in terms of what men and women should know and be

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able to do as a result of their educational experience. The committee shall periodically evaluate

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the efforts and results of education in light of these objectives.

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      (8) To provide for the location, care, control, and management of school facilities and

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equipment.

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      (9) To adopt a school budget to submit to the local appropriating authority.

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      (10) To adopt any changes in the school budget during the course of the school year.

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      (11) To approve expenditures in the absence of a budget, consistent with state law.

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      (12) To employ a superintendent of schools and assign any compensation and other

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terms and conditions as the school committee and superintendent shall agree, provided that in no

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event shall the term of employment of the superintendent exceed three (3) years. Nothing

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contained in this chapter shall be construed as invalidating or impairing a contract of a school

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committee with a school superintendent in force on May 12, 1978.

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      (13) To give advice and consent on the appointment by the superintendent of all school

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department personnel.

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      (14) To establish minimum standards for personnel, to adopt personnel policies, and to

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approve a table of organization.

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      (15) To establish standards for the evaluation of personnel.

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      (16) To establish standards for conduct in the schools and for disciplinary actions.

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      (17) To hear appeals from disciplinary actions.

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      (18) To enter into contracts; provided, however, that notwithstanding any other provision

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of the general or public laws, whether of specific or general application, and notwithstanding the

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provisions of any charter of any municipality where the school committee is appointed and not

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elected, but not including, the Central Falls school district board of trustees established by section

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16-2-34, the power and duty to enter into collective bargaining agreements shall be vested in the

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chief executive officer of the municipality and not in the school committee.

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      (19) To publish policy manuals which shall include all school committee policies.

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      (20) To establish policies governing curriculum, courses of instruction, and text books.

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      (21) To provide for transportation services which meet or exceed standards of the board

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of regents for elementary and secondary education.

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      (22) To make any reports to the department of education as are required by the board of

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regents for elementary and secondary education.

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      (23) To delegate, consistent with law, any responsibilities to the superintendent as the

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committee may deem appropriate.

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      (24) To address the health and wellness of students and employees.

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      (25) To establish a subcommittee of the school board or committee to decrease obesity

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and address school health and wellness policies for students and employees consistent with

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section 16-21-28.

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      (26) To annually undertake a minimum of six (6) hours of professional development as

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set forth and described in section 16-2-5.1.

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     (27) To establish an audit subcommittee of the school board or committee to meet the

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requirements of subsection 16-2-9(f) and to insure that sound fiscal practices are adhered to. The

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composition and responsibilities of the audit subcommittee shall be determined by the advisory

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council on school finances as provided for in subsection 16-2-9.3(b).

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     (b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers

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and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or

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to allow any school committee to abrogate any agreement reached by collective bargaining.

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      (c) The elected school committees of each city, town, or regional school district, or the

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chief executive officer of any municipality having an appointed school committee, shall have the

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power to bind their successors and successor committees by entering into contracts of

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employment in the exercise of their governmental functions.

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      (d) Notwithstanding any provisions of the general laws to the contrary, the requirement

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defined in subsections (d) through (f) of this section shall apply. The school committee of each

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school district shall be responsible for maintaining a school budget which does not result in a

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debt.

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      (e) The school committee shall, within thirty (30) days after the close of the first and

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second quarters of the state's fiscal year, adopt a budget as may be necessary to enable it to

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operate without incurring a debt, as described in subsection (d).

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      (f) In the event that any obligation, encumbrance, or expenditure by a superintendent of

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schools or a school committee is in excess of the amount budgeted or that any revenue is less than

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the amount budgeted, the school committee shall within five (5) working days of its discovery of

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potential or actual over expenditure or revenue deficiency submit a written statement of the

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amount of and cause for the over obligation or over expenditure or revenue deficiency to the city

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or town council president and any other person who by local charter or statute serves as the city

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or town's executive officer; the statement shall further include a statement of the school

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committee's plan for corrective actions necessary to meet the requirements of subsection (d). The

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plan shall be approved by the auditor general and also submitted to the division of municipal

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finance.

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      (g) Notwithstanding any other provision of law, whether of general or specific

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application, and notwithstanding any contrary provision of any city or town charter or ordinance,

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the elected school committee of any city, town and regional school district shall be, and is hereby

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authorized to retain the services of such independent legal counsel as it may deem necessary and

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convenient. Any counsel so retained shall be compensated out of funds duly appropriated to the

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school committee, and in no event shall the independent counsel be deemed to be an employee of

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the pertinent city or town for any purpose.

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     16-2-9.3. The advisory council on school finances. -- (a) The legislature hereby finds

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and declares that there is a need for an advisory council on school finances to strengthen the fiscal

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accountability of school districts, regional school districts, state schools and charter schools in

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Rhode Island. The council shall be composed of five (5) members as follows:

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      (1) The auditor general of the state of Rhode Island or his or her designee;

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      (2) The executive director of the Rhode Island association of school committees or his or

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her designee;

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      (3) The president of the Rhode Island association of school business officials or his or

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her designee;

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      (4) The commissioner of elementary and secondary education or his or her designee; and

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      (5) The director of the department of administration or his or her designee. The auditor

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general or his or her designee shall serve as chair of the council. By July 1, 2005, the council shall

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develop recommendations for a uniform system of accounting, including a chart of accounts for

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all school districts, regional school districts, state schools and charter schools. By July 1, 2009 the

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council shall develop recommendations for a uniform system of accounting for all educational

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regional collaboratives identified in section 16-3.1. Said recommendations shall be advisory in

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nature and may be adopted by the office of auditor general and the department of elementary and

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secondary education in part or in whole.

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      (b) The council shall meet no less than annually and recommend changes in accounting

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procedures to be adopted by school districts, regional school districts, state schools and charter

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schools, to provide guidelines for the development, responsibilities, and composition of the

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school committee or school board audit committee as provided for in subdivision 16-2-9(27), as

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well as apprise school business officials, charter school officials, school committees and school

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superintendents, school administrators and state school officials about professional development

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opportunities that promotes sound fiscal practices and a knowledge of current state and federal

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rules and regulations regarding school finance. The council shall also report, annually, its

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activities and recommendations to the house committee on education accountability, the senate

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committee on education and the office of the governor.

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     SECTION 2. This act shall take effect upon passage.

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LC01645

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS

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     This act would authorize and direct school committees to establish an audit subcommittee

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of the school board or committee to insure that sound fiscal practices are adhered to. The

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composition and responsibilities of the audit subcommittee would be determined by the advisory

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council on school finances.

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     This act would take effect upon passage.

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LC01645

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