2012 -- H 7954

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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 -- REGIONAL VOCATIONAL SCHOOLS

     Introduced By: Representative John J. McCauley

     Date Introduced: March 15, 2012

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-45-6 of the General Laws in Chapter 16-45 entitled "Regional

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Vocational Schools" is hereby amended to read as follows:

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     16-45-6. Powers additional to previous authority. -- (a) The powers delegated and

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authorized in this chapter for the board of regents for elementary and secondary education and the

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department of elementary and secondary education shall be in addition to those previously

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authorized by any other general or public law.

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      (b) The governance, funding, and programming of the William M. Davies, Jr. vocational

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technical school and the Metropolitan Career and Technical School shall be in accordance with

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the rules and regulations formulated by the board of regents for elementary and secondary

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education pursuant to chapter 35 of title 42. Provided, however, the additional appropriation by

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the General Assembly in fiscal year 2005 for the William M. Davies, Jr. Vocational Technical

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School shall be used to fund sixty (60) additional placements. Forty (40) of those placements

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shall be made available to students from the City of Providence.

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      (c) The purpose of this chapter is to restructure the system of career and technical

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schools in Rhode Island for the benefit of the students, the economy, and the general welfare. The

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paramount aim is to enable the schools to make more significant contributions in providing the

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state's students with the career preparation they need to compete and succeed in the world of

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today and of the future. To ensure student success, a system of model career and technical schools

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will be established and supported. These schools will provide: integrated academic and vocational

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curricula, up to date technology, programs to meet the varying needs of all students of Rhode

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Island, and strong links to business, industry, postsecondary education, and the community.

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      (d) (1) There shall be a system of state operated career and technical schools serving

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geographic areas of the state the entire state. Students attending these regional schools will do so

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on a full time basis with the costs for their education at the regional school being shared by the

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state and the district of residence as described in section 16-7.2-5. State schools currently

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participating in the state retirement system that are not receiving reimbursement pursuant to

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section 16-16-22 shall have their state aid adjusted to reflect full reimbursement for expenses

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related to employer retirement contributions for those staff employed by the state.

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      (2) These schools shall be operated as local education agencies and each shall be

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governed by a board of trustees. With the exception of those powers and duties reserved by the

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director, the commissioner of elementary and secondary education, and the board of regents for

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elementary and secondary education, the board of trustees shall have the powers and duties of

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school committees. The Davies school shall be the first school operated under the provisions of

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this chapter and shall be renamed the William M. Davies, Jr. career and technical high school.

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The Metropolitan Career and Technical School shall be the second school operated under the

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provisions of this chapter. The Metropolitan Career and Technical School shall serve eligible

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students statewide.

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      (e) (1) The board of regents for elementary and secondary education shall appoint the

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members of the board of trustees from nominations made by the commissioner of elementary and

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secondary education. The chairperson shall also be selected in this manner. The board of regents

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shall determine the number, qualifications, and terms of office of members of the board of

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trustees. The board of trustees will be broadly representative of the local communities served by

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each school and the larger statewide workforce interests.

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      (2) The board of regents shall establish strategic directions for the career and technical

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education system that are consistent with the state's economic development plans, workforce

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requirements, and educational priorities and learner outcomes established by the board of regents.

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      (3) The board of regents shall provide parameters for the overall budget requests,

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approve the budget, and participate in budget development as required in subsection (i).

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      (f) (1) The commissioner of elementary and secondary education shall recommend

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parameters for the overall budget requests, recommend a budget and participate in budget

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development as required in subsection (i).

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      (2) The commissioner shall approve the process for selection of a director of each

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regional school operated under the provisions of this chapter. The commissioner shall develop a

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plan for statewide implementation of the provisions of this chapter.

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      (g) The board of trustees shall meet monthly and serve without compensation. Nine (9)

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members of the board of trustees shall be required to attend teacher appeal hearings conducted

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pursuant to section 16-13-4. The board of trustees shall have broad policy making authority for

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the operation of the school consistent with subsection (e) and the following powers and duties:

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      (1) To identify the educational needs of the communities in the district state.

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      (2) To develop educational policies to meet the needs of students in the communities

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served by the school district.

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      (3) To appoint a director of its regional school to serve as its chief executive officer and

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to approve assistant and associate directors from nominations made by the director.

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      (4) To provide policy guidance and participate in budget development as required in

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subsection (i).

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      (5) To develop staffing policies which ensure that all students are taught by educators of

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the highest possible quality.

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      (h) (1) The director will serve at the pleasure of the board of trustees with the initial

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appointment to be for a period of not more than three (3) years, provided, that the term and

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conditions of employment are subject to the approval of the board of regents for elementary and

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secondary education.

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      (2) It is the responsibility of the director to manage and operate the school on a day to

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day basis. The director's duties shall include the following:

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      (i) To be responsible for the entire care, supervision, and management of the career and

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technical high school.

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      (ii) To recommend to the board of trustees educational policies to meet the needs of the

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district state, and to implement policies established by the board of trustees.

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      (iii) To present nominations to the board of trustees for assistant and associate directors

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and to appoint all other school personnel.

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      (iv) To provide for the evaluation of all school district personnel.

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      (v) To establish a school based management approach for decision making for the

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operation of the school.

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      (vi) To prepare a budget and participate in budget development as required in subsection

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(i), and to authorize purchases consistent with the adopted school district budget.

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      (vii) To report to the board of trustees on a regular basis the financial condition and

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operation of the school, and to report annually on the educational progress of the school.

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      (viii) To establish appropriate advisory committees as needed to provide guidance on

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new directions and feedback on the operation of the school.

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      (i) With policy guidance from the board of trustees and extensive involvement of the

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administrators and faculty in the school, the director of each regional school shall annually

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prepare a budget. The board of trustees will approve the budget and transmit it to the

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commissioner. The board of regents for elementary and secondary education, upon

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recommendation of the commissioner of elementary and secondary education, shall provide

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parameters for the overall budget request. Based on review and recommendation by the

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commissioner, the board of regents shall approve the total budget and incorporate it into its

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budget request to the governor and to the general assembly. Line item budgeting decisions shall

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be the responsibility of the director.

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      (j) 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 bargain collectively pursuant to chapters 9.3 and 9.4 of title 28 or

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to allow the board of trustees or the director to abrogate any agreement by collective bargaining.

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Employees at the William M. Davies school shall continue to be state employees and the

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bargaining units which are presently established at the school shall remain intact.

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      (k) Any tuition payments, which are made to the William M. Davies Career and

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Technical high school from the district of residence of its students, as authorized in R.I.G.L.

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section 16-7.2-5, shall be deposited into a restricted receipt account to be used for the same

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educational purposes that its state appropriation is used. Any such funds shall be exempt from the

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indirect cost recovery provisions of section 35-4-7.

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     SECTION 2. Section 16-45-8 of the General Laws in Chapter 16-45 entitled "Regional

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Vocational Schools" is hereby repealed.

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     16-45-8. Temporary service to other regions. -- Any resident of the state being

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qualified shall, until a vocational school is in operation in the region in which he or she resides,

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be eligible to register at, receive instruction from, and be issued a certificate by the regional

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vocational school serving the inhabitants of the greater Providence area.

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     SECTION 3. This act shall take effect upon passage.

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LC02210

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- REGIONAL VOCATIONAL SCHOOLS

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     This act would expand the geographic areas served by the William J. Davies, Jr. Career

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and Technical High School and the Metropolitan Career and Technical School to cover the entire

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state.

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     This act would take effect upon passage.

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LC02210

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