2013 -- S 0115

=======

LC00541

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO EDUCATION -- THE RHODE ISLAND BOARD OF EDUCATION ACT

     Introduced By: Senators Hodgson, Algiere, Bates, Ottiano, and Kettle

     Date Introduced: January 24, 2013

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

1-1

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

1-2

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

1-3

as follows:

1-4

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

1-5

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

1-6

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

1-7

approval of a final plan for the permanent administrative structure for elementary, secondary, and

1-8

higher education by the general assembly and the governor, to be vested with all the powers and

1-9

duties currently vested in the board of governors for higher education established in chapter 16-59

1-10

and the board of regents for elementary and secondary education established in chapter 16-60.

1-11

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

1-12

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

1-13

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

1-14

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

1-15

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

1-16

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

1-17

higher education.

1-18

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

1-19

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

1-20

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

2-1

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

2-2

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

2-3

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

2-4

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

2-5

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

2-6

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

2-7

present shall be required for action.

2-8

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

2-9

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

2-10

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

2-11

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

2-12

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

2-13

administrative structure for elementary, secondary, and higher education, the board of education

2-14

shall establish a plan for distributing the assets, responsibilities, powers, authorities, and duties of

2-15

the office of higher education to the three (3) higher education institutions and appropriate state

2-16

agencies. Said distribution shall be done in a manner designed to maximize efficiency, provide

2-17

greater articulation of the respective responsibilities of elementary and secondary and higher

2-18

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

2-19

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

2-20

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

2-21

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

2-22

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

2-23

shall be abolished.

2-24

     16-97-4. Change of former names. -- Effective January 1, 2013 upon approval of the

2-25

final plan for administrative structure, the term "Rhode Island Board of Education" shall be used

2-26

in lieu of any then existing law reference made to the board of regents for elementary and

2-27

secondary education and/or the board of governors for higher education.

2-28

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

2-29

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

2-30

established in chapter 16-60 shall cease to exist as of January 1, 2013 upon approval of the final

2-31

plan for administrative structure.

2-32

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

2-33

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

2-34

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

3-1

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

3-2

chapter. The first report shall deal with the board's permanent administrative structure for

3-3

elementary, secondary, and higher education as provided for in section 16-97-1 and be submitted

3-4

no later than April 1, 2013 September 1, 2013. and quarterly thereafter until January 1, 2014. It

3-5

The board shall submit a its periodic reports report annually thereafter commencing on or before

3-6

January 1, 2014, and continuing through 2018.

3-7

     SECTION 2. This act shall take effect upon passage and be retroactive to December 31,

3-8

2012.

=======

LC00541

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION -- THE RHODE ISLAND BOARD OF EDUCATION ACT

***

4-1

     This act would delay the establishment of the Rhode Island board of education and also

4-2

delay the abolishment of the board of regents for elementary and secondary education and the

4-3

board of governors for higher education until approval by the general assembly and the governor

4-4

for a final plan for the board's administrative structure for elementary, secondary, and higher

4-5

education.

4-6

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

=======

LC00541

=======