2013 -- S 0514

=======

LC01296

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS

     Introduced By: Senator Dawson T. Hodgson

     Date Introduced: February 28, 2013

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 16-2-9, 16-2-9.3, 16-2-9.4 and 16-2-21.4 of the General Laws in

1-2

Chapter 16-2 entitled "School Committees and Superintendents" are hereby amended to read as

1-3

follows:

1-4

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

1-5

care, control, and management of all public school schools interests of the several cities and

1-6

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

1-7

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

1-8

      (1) To identify educational needs in the community.

1-9

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

1-10

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

1-11

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

1-12

school policies, programs, and directives.

1-13

      (4) To monitor and evaluate provide for the evaluation of the performance of the school

1-14

system.

1-15

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

1-16

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

1-17

department personnel.

1-18

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

1-19

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

1-20

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

2-1

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

2-2

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

2-3

equipment to the extent delegated by the local appropriating authority.

2-4

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

2-5

accepted accounting practices.

2-6

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

2-7

      (11) To petition their municipal appropriating authority to fund approve expenditures in

2-8

the absence of a budget, consistent with state law.

2-9

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

2-10

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

2-11

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

2-12

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

2-13

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

2-14

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

2-15

department personnel.

2-16

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

2-17

approve a table of organization.

2-18

      (15) To uphold the standards and directives of the state department of education

2-19

concerning establish standards for the evaluation of personnel.

2-20

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

2-21

      (17) To hear appeals from disciplinary actions.

2-22

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

2-23

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

2-24

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

2-25

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

2-26

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

2-27

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

2-28

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

2-29

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

2-30

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

2-31

of regents for elementary and secondary education.

2-32

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

2-33

regents for elementary and secondary education.

3-34

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

3-35

committee may deem appropriate.

3-36

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

3-37

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

3-38

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

3-39

section 16-21-28.

3-40

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

3-41

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

3-42

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

3-43

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

3-44

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

3-45

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

3-46

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

3-47

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

3-48

employment in the exercise of their governmental functions.

3-49

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

3-50

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

3-51

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

3-52

debt.

3-53

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

3-54

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

3-55

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

3-56

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

3-57

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

3-58

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

3-59

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

3-60

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

3-61

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

3-62

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

3-63

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

3-64

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

3-65

finance.

3-66

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

3-67

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

3-68

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

4-1

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

4-2

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

4-3

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

4-4

the pertinent city or town for any purpose.

4-5

     (h) The presiding member of each school committee, or his or her designee, shall be an

4-6

ex officio member of the budget committee of the legislative councils of their respective

4-7

municipal appropriating authorities.

4-8

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

4-9

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

4-10

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

4-11

Rhode Island. The council shall be composed of five (5) six (6) members as follows:

4-12

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

4-13

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

4-14

her designee;

4-15

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

4-16

her designee;

4-17

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

4-18

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

4-19

     (6) The chief of the department of revenue’s division of municipal finance.

4-20

     (i) The auditor general or his or her designee shall serve as chair of the council. By July

4-21

1, 2005, the council shall develop recommendations for a uniform system of accounting,

4-22

including a chart of accounts for all school districts, regional school districts, state schools and

4-23

charter schools. By July 1, 2009 the council shall develop recommendations for a uniform system

4-24

of accounting for all educational regional collaboratives identified in section 16-3.1. Said

4-25

recommendations shall be advisory in nature and may be adopted by the office of auditor general

4-26

and the department of elementary and secondary education in part or in whole.

4-27

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

4-28

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

4-29

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

4-30

and school superintendents, school administrators and state school officials about professional

4-31

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

4-32

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

4-33

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

4-34

committee on education and the office of the governor.

5-1

     16-2-9.4. School district accounting compliance. -- (a) The office of auditor general

5-2

and the department of elementary and secondary education shall promulgate a uniform system of

5-3

accounting, including a chart of accounts based on the recommendations of the advisory council

5-4

on school finance, and require all accounts of the school districts, regional school districts, state

5-5

schools and charter schools to be kept in accordance therewith; provided, that in any case in

5-6

which the uniform system of accounting is not practicable, the office of auditor general in

5-7

conjunction with the department of elementary and secondary education shall determine the

5-8

manner in which the accounts shall be kept.

5-9

      (b) For the purpose of securing a uniform system of accounting and a chart of accounts

5-10

the advisory council on school finances, as defined in section 16-2-9.2 may make such surveys of

5-11

the operation of any school districts, regional school district, state school or charter school as they

5-12

shall deem necessary.

5-13

     (c) Upon completion of the implementation of the uniform chart of accounts, all the

5-14

school districts, regional school districts, state schools, and/or charter schools, shall implement a

5-15

regents-approved budget model, and use best practices established by the department of education

5-16

for long-range planning, budget development, and budget administration and reporting.

5-17

     (c)(d) If any school district, regional school district, state school or charter school fails to

5-18

install and maintain the uniform system of accounting, including a chart of accounts, or fails to

5-19

keep its accounts and interdepartmental records, or refuses or neglects to make the reports and to

5-20

furnish the information in accordance with the method prescribed by the office of auditor general

5-21

and the department of education or hinders or prevents the examination of accounts and financial

5-22

records, the auditor general and the commissioner of education may make a report to the board of

5-23

regents for elementary and secondary education in writing, specifying the nature and extent of the

5-24

failure, refusal, neglect, hindrance, or prevention, and the board of regents is hereby authorized

5-25

and directed to review the matter so reported. If the regents shall find that failure, refusal, neglect,

5-26

hindrance, or prevention exists and that the school district, regional school district, state school or

5-27

charter school should properly comply in the matter so reported, the regents shall direct the

5-28

school district, regional school district, state school or charter school, in writing, to so comply. If

5-29

the failure, refusal, neglect, hindrance, or prevention shall continue for a period of ten (10) days

5-30

following the written direction, the regents may withhold distribution of state aid to said school

5-31

district, regional school district, state school or charter school.

5-32

     (e) The department of elementary and secondary education in consultation with the

5-33

division of municipal finance shall conduct periodic reviews and analysis of school revenues and

5-34

expenses. The department shall also review and monitor compliance with the approved budget

6-1

model and best practices. The department shall identify those local education agencies considered

6-2

to be at risk of a year-end deficit or a structural deficit that could impact future years. Such

6-3

potential deficits shall be identified based on the periodic reviews, which may also include on-site

6-4

visits and reporting in accordance with the provisions of section 45-12-22.2. Potential deficits

6-5

shall be reported to the office of municipal finance, office of auditor general, superintendent,

6-6

chairman of the school committee, mayor or town manager, and the president of the town council,

6-7

of the applicable school district, regional school district, or state school, and/or for a charter

6-8

school, to the board of trustees or directors, as applicable.

6-9

     (f) Every school district, excepting regional school districts and the Central Falls school

6-10

district, shall utilize finance and accounting software systems provided by their respective

6-11

municipal appropriating authority.

6-12

     16-2-21.4. School budgets -- Compliance with certain requirements. -- (a)

6-13

Notwithstanding any provision of the general or public laws to the contrary, whenever a city,

6-14

town, or regional school committee determines that its budget is insufficient to comply with the

6-15

provisions of section 16-2-21, 16-7-23, or 16-7-24, the city, town, or regional school committee

6-16

shall adhere to the appropriated budget or the provisions of section 16-2-23 in the absence of an

6-17

appropriated budget. The chairperson of the city, town, or regional school committee, in

6-18

accordance with the provisions of section 16-2-9, shall be required to petition the commissioner,

6-19

in writing, to seek alternatives for the district to comply with state regulations and/or provide

6-20

waivers to state regulations and, in particular, those which are more restrictive than federal

6-21

regulations that allow the school committee to operate with a balanced budget. Waivers which

6-22

affect the health and safety of students and staff or which violate the provisions of chapter 24 of

6-23

this title shall not be granted. The commissioner must consider alternatives for districts to comply

6-24

with regulations and/or provide waivers to regulations in order that the school committee may

6-25

operate with a balanced budget within the previously authorized appropriation. In the petition to

6-26

the commissioner, the school committee shall be required to identify the alternatives to meet

6-27

regulations and/or identify the waivers it seeks in order to provide the commissioner with the

6-28

revised budget which allows it to have a balanced budget within the previously authorized

6-29

appropriation. The commissioner shall respond within fifteen (15) calendar days from the date of

6-30

the written petition from the school committee. If the commissioner does not approve of the

6-31

alternatives to meet regulations or the waivers from regulations which are sought by the school

6-32

committee, or if the commissioner does not approve of the modified expenditure plan submitted

6-33

by the school committee, then: (1) within ten (10) days of receiving the commissioner's response,

6-34

the school committee may submit a written request to the city or town council for the council of

7-1

the municipality to decide whether to increase the appropriation for schools to meet expenditures.

7-2

The decision to increase any appropriations shall be conducted pursuant to the local charter or the

7-3

public law controlling the approval of appropriations within the municipality; or (2) in a regional

7-4

school district, the chairperson of the school committee may, within ten (10) days of receiving the

7-5

commissioner's response, submit a written request to the chief elected official of each of the

7-6

municipalities to request that the city or town council in each of their respective towns meet to

7-7

decide whether or not to increase the appropriation for schools to meet expenditures. The decision

7-8

to increase any appropriations shall be conducted pursuant to the local charter or the public law

7-9

controlling the approval of appropriations within the municipality.

7-10

      (b) In the event of a negative vote by the appropriating authority, the school committee

7-11

shall have the right to seek additional appropriations by bringing an action in the superior court

7-12

for the county of Providence and shall be required to demonstrate that the school committee lacks

7-13

the ability to adequately run the schools for that school year with a balanced budget within the

7-14

previously authorized appropriation or in accordance with sections 16-2-21, 16-2-23, 16-7-23,

7-15

and 16-7-24. In no event shall any court order obtained by the school committee have force and

7-16

effect for any period longer than the fiscal year for which the litigation is brought. Any action

7-17

filed pursuant to this section shall be set down for a hearing at the earliest possible time and shall

7-18

be given precedence over all matters except older matters of the same character. The court shall

7-19

render its decision within thirty (30) days of the close of the hearings. Upon the bringing of an

7-20

action in the superior court by the school committee to increase appropriations, the chief

7-21

executive officer of the municipality, or in the case of a regional school district the chief elected

7-22

officials from each of the member municipalities, shall cause to have a financial and performance

7-23

audit in compliance with the generally acceptable governmental auditing standards of the school

7-24

department conducted by the auditor general, the bureau of audits, or a certified public accounting

7-25

firm qualified in performance audits. The results of the audit shall be made public upon

7-26

completion and paid for by the school committee to the state or private certified public

7-27

accounting firm.

7-28

      (c) The auditor general shall select the auditor if the audit is not directly performed by

7-29

his or her office.

7-30

     SECTION 2. This act shall take effect upon passage.

=======

LC01296

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - SCHOOL COMMITTEES AND SUPERINTENDENTS

***

8-1

     This act would amend the general power and duties of school committees. This act would

8-2

also add a member to the state advisory council on school finances, and require school districts to

8-3

utilize financing and accounting software systems provided by their respective municipal

8-4

appropriating authority.

8-5

     This act would take effect upon passage.

=======

LC01296

=======