2012 -- S 2239

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LC00880

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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: Senators Tassoni, Kettle, P Fogarty, and Pinga

     Date Introduced: January 26, 2012

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-2-9 of the General Laws in Chapter 16-2 entitled "School

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Committees and Superintendents" is 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 and the city and town councils of the several cities and towns.

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For purposes of classification, it is the intention of the general assembly that school committees

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and city and town councils shall both work in conjunction to provide the best education possible

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for the students of this state, but that both branches of government shall have separate and distinct

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functions to achieve this goal. As a further general statement of intent, it is the express purpose of

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this legislation to provide that school committees have powers and duties over the direct

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provision of educational services, including but not limited to, the hiring and retention of

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personnel unless otherwise provided in the city or town charter, the content and curriculum to be

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provided, educational administration, and the pedagogy employed. In contrast, the city and town

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councils shall have direct control over the direct financial aspects of the education, including total

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budgets to be expended, the amount of salaries, the interior maintenance of the school buildings

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and capital improvements, including, but not limited to, maintenance, and any other direct

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expenditure of money. The chief financial officer of each city or town shall ensure there is no

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duplication of services by city and town councils and school committees. Recognizing that there

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are educational functions that involve both financial and educational aspects, the general

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assembly declares that School school committees shall have, in addition to those enumerated in

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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, except that

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expenditures for maintenance and physical upkeep of school grounds outside of the school

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buildings and school-related buildings, shall be within the authority of city and town councils.

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The maintenance and physical unkeep of a building that contains a gymnasium, pool, physical

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education building, auto repair facility, and/or other facility which is used by the students of the

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school district and that is detached from or otherwise outside of the actual school building where

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classroom instruction takes place, shall be within the authority of the respective school

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committees. The maintenance and upkeep of the grounds surrounding such facilities shall be

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within the authority of the respective city and town councils.

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

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department personnel, except that salaries shall be provided in accordance with a scale

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established by the city and town councils pursuant to section 16-7-29.

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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 and assistant superintendent of schools and assign any

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compensation and other terms and conditions as the school committee city and town councils and

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superintendent shall agree, provided that in no event shall the term of employment of the

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superintendent exceed three (3) years. Nothing contained in this chapter shall be construed as

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invalidating or impairing a contract of a school committee with a school superintendent in force

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on May 12, 1978, and/or which was signed or renewed within three (3) years prior to the effective

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date of this act.

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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, subject to the express approval by the city and town

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councils, provided, however, that notwithstanding any other provision of the general or public

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laws, whether of specific or general application, and notwithstanding the provisions of any

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charter of any municipality where the school committee is appointed and not elected, but not

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including, the Central Falls school district board of trustees established by section 16-2-34, the

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power and duty to enter into collective bargaining agreements shall be vested in the chief

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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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      (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, provided that said contracts are in

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accordance with the fee schedule established by the city and town councils. City and town

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councils shall establish fee schedules which shall provide salary scales and ranges for employees

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of the respective city or towns’ schools and/or school department as provided for in section 16-7-

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29.

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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.

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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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     SECTION 2. Section 16-7-29 of the General Laws in Chapter 16-7 entitled "Foundation

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Level School Support" is hereby amended to read as follows:

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     16-7-29. Minimum salary schedule. -- (a) Every municipality and regional school

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district shall establish and put into full effect the salary schedule established by appropriate action

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of its school committee in a municipality or regional school district where the school committee

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is elected, city or town council. or by appropriate action of the chief executive officer, in a

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municipality where the school committee is appointed, Said salary schedule shall be a salary

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schedule recognizing years of service, experience, and training for all certified personnel

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regularly employed in the public schools and having no more than twelve (12) annual steps. The

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term "school year" as applied to the salary schedule means the ten (10) calendar months

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beginning in September and ending the following June. Any contracts of employment with

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certified personnel entered into by a school committee shall incorporate such a salary schedule.

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      (b) Nothing in this section shall prohibit a freeze or reduction of the monetary value of

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the steps in the salary schedule through the collective bargaining process.

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     SECTION 3. This act shall not effect or apply to any municipality in receivership, or the

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Central Falls school district board of trustees established by section 16-2-34.

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     SECTION 4. It is the intent of this act that any consolidation or separation of services

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necessitated by the provisions of this act shall not result in any immediate layoffs, and/or other

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termination of employment or change in union status of any personnel employed by either the

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school department and/or a municipality subject to this act. Rather, it is the intent of this act that

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any reduction in said personnel shall be achieved by way of retirement, voluntary separation,

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and/or other means of attrition.

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     SECTION 5. This act shall take effect upon passage.

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LC00880

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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 vest school committees with the powers and duties over the direct

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provision of educational services, including, but not limited to, the hiring and retention of

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personnel, the content and curriculum to be provided, educational administration, and the

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pedagogy employed. In contrast, the city and town councils would have direct control over the

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direct financial aspects of the education, including total budgets to be extended, the amount of

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salaries, the grounds of the schools outside of school buildings including, but not limited to,

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outside maintenance, and any other direct expenditure of money.

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     This act would not effect or apply to any municipality in receivership, or the Central Falls

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school district board of trustees established by section 16-2-34.

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     This act would take effect upon passage.

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LC00880

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