2013 -- S 0002 AS AMENDED

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION - THE RHODE ISLAND BOARD OF EDUCATION ACT

     Introduced By: Senators Gallo, Paiva Weed, Ruggerio, DaPonte, and Metts

     Date Introduced: January 02, 2013

     Referred To: Recommended for Immediate Consideration

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-97-1, 16-97-4, 16-97-5 and 16-97-6 of the General Laws in

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Chapter 16-97 entitled "The Rhode Island Board of Education Act" are hereby amended to read

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as follows:

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     16-97-1. Rhode Island board of education established. -- (a) Effective January 1, 2013

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March 7, 2013, there is created a board of education which shall be and is constituted a public

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corporation, empowered to sue and be sued in its own name, to have a corporate seal, and to be

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vested with all the powers and duties currently vested in the board of governors for higher

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education established in chapter 16-59 and the board of regents for elementary and secondary

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education established in chapter 16-60.

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      (b) Upon its organization, the board of education shall be vested with the legal title (in

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trust for the state) to all property, real and personal, now owned by and/or under the control or in

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the custody of the board of governors for higher education and the board of regents for

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elementary and secondary education, for the use of the board of education. The board of

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education is hereby-designated successor to all powers, rights, duties, and privileges pertaining to

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the board of regents for elementary and secondary education and the board of governors for

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higher education.

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      (c) The board of education shall consist of eleven (11) public members appointed by the

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governor with the advice and consent of the senate. Four (4) of the members initially appointed

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pursuant to this section shall serve terms of three (3) years; four (4) members initially appointed

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pursuant to this section shall serve terms of two (2) years; and, three (3) members initially

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appointed pursuant to this section shall serve terms of one year. Thereafter, all members

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appointed pursuant to this section shall serve terms of three (3) years. No board member shall be

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appointed to serve more than two (2) three (3) year terms.

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      (d) The governor shall select from the appointed members a chairperson and vice

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chairperson. A quorum shall consist of six (6) members of the board. A majority vote of those

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present shall be required for action.

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      (e) The statutory responsibilities of the department of elementary and secondary

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education, the commissioner of elementary and secondary education, and the commissioner of

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higher education shall remain unchanged. No later than July 1, 2013 September 1, 2013, the

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board of education shall submit to the governor and the general assembly its final plan for the

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permanent administrative structure for higher education. As a requisite element of the

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administrative structure for higher education, the board of education shall establish a plan for

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distributing the assets, responsibilities, powers, authorities, and duties of the office of higher

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education to the three (3) higher education institutions and appropriate state agencies. Said

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distribution shall be done in a manner designed to maximize efficiency, provide greater

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articulation of the respective responsibilities of elementary and secondary and higher education,

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and ensure that students are prepared to succeed in school, college, careers, and life. The

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permanent governance structure for higher education shall, at a minimum: (1) Provide clear

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guidance on statutory, legal, financial and contractual obligations; (2) Establish a policy

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framework that furthers the goals of this chapter; and (3) Establish appropriate administrative

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structures, support, policies and procedures. Effective July 1, 2014, the office of higher education

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shall be abolished.

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     16-97-4. Change of former names. -- Effective January 1, 2013 March 7, 2013, the term

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"Rhode Island Board of Education" shall be used in lieu of any then existing law reference made

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to the board of regents for elementary and secondary education and/or the board of governors for

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higher education.

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     16-97-5. Abolishment of boards. -- The board of governors for higher education

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established in chapter 16-59 and the board of regents for elementary and secondary education

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established in chapter 16-60 shall cease to exist as of January 1, 2013 March 7, 2013.

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     16-97-6. Reporting requirements. -- The board shall submit periodic reports to the

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speaker of the house, senate president, chairs of the house and senate finance committees and

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their respective fiscal advisors, the chair of the house health, education and welfare committee,

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and chair of the senate education committee on its progress towards implementation of this

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chapter. The first report shall be submitted no later than April 1, 2013 September 1, 2013 and

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quarterly thereafter until January 1, 2014. It shall submit a report annually thereafter on or before

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January 1, 2014 through 2018.

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     SECTION 2. This act shall take effect upon passage, and shall be retroactive to

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December 31, 2012.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - THE RHODE ISLAND BOARD OF EDUCATION ACT

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     This act would extend the transition period for restructuring the board of education.

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     This act would take effect upon passage, and shall be retroactive to December 31, 2012.

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