2014 -- H 8204 SUBSTITUTE A

========

LC005689/SUB A/4

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO EDUCATION

     Introduced By: Representatives McNamara, Mattiello, DeSimone, MacBeth, and Serpa

     Date Introduced: May 15, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 16-45.1-1 and 16-45.1-2 of the General Laws in Chapter 16-45.1

entitled "Career and Technical Education" are hereby amended to read as follows:

     16-45.1-1. Findings. -- The general assembly finds and declares as follows:

      (1) The Rhode Island economy will benefit from a highly skilled workforce;

      (2) Career and technical education must be informed by the needs of local businesses

industries and employers, in creating, growing and locating employment opportunities for job

seekers with the requisite knowledge, skills and abilities desired by employers;

      (3) Career and technical education should provide an integrated career pathway system

to respond to the needs of businesses, small and large, as well as innovative and emerging

industries; and

      (4) Based upon the current and future demands for a highly skilled workforce, career and

technical education should provide a foundation for students to succeed in career and/or higher

education opportunities.

     (5) There is a need to establish a coordinated and comprehensive system of career and

technical education for students within the state with a focus on coordination, efficiencies, quality

of program offerings, and outcomes throughout the state.

     (6) There is a need to establish a robust student-based system of career and technical

education that provides a blend of rigorous academics and the skills, training, and credentials

necessary for workplace success. Therefore, effective January 30, 2015, there is hereby

established a Rhode Island career and technical board of trustees to be known as the Rhode Island

board of trustees on career and technical education. Effective January 15, 2015, there is hereby

created a not-for-profit organization known as the CTE trust.

     16-45.1-2. Career and technical education system. -- (a) The board of regents of

education shall establish and maintain a system of career and technical education that maintains

on going connections with higher education and meets the needs of local business and industry,

and promotes workforce development.

     (b) The board of education shall also create, subject to §§ 16-45.1-1 and 16-45.1-2(a), a

career and technical board of trustees which shall be responsible for ensuring a comprehensive

and coordinated career and technical system with the state of Rhode Island.

     SECTION 2. Sections 16-53-1, 16-53-2, 16-53-4, 16-53-5 and 16-53-6 of the General

Laws in Chapter 16-53 entitled "Rhode Island State Advisory Council for Technical Vocational

Education" are hereby amended to read as follows:

     16-53-1. Council established. Board established. -- (a) There Effective January 30,

2015, there is hereby established a permanent committee to be known as the Rhode Island state

advisory council on vocational education, hereinafter referred to as the council. Rhode Island

board of trustees on career and technical education hereinafter referred to as the "board of

trustees."

     (b) Effective January 30, 2015, all powers, rights, obligations, and duties of the Rhode

Island state advisory council on vocational education shall be transferred to the Rhode Island

board of trustees on career and technical education.

     16-53-2. Composition of council. - Composition of board of trustees. -- (a) The

council board of trustees shall be composed of thirteen (13) fifteen (15) members appointed by

the governor in staggered terms; all the members shall serve until their successors are appointed

and qualified., except as otherwise provided for in subsection (b) of this section. In the month of

March the governor shall appoint members to succeed the members whose term will then next

expire for a term of three (3) years commencing on the first day of July then next following and

until the successor is named and qualified. A member shall be eligible to succeed himself or

herself. A vacancy other than by expiration shall be filled in the same manner as an original

appointment but only for the unexpired portion of the term.

      (b) The membership of the council shall consist of: fifteen (15) members of the board of

trustees shall be limited to nine (9) consecutive years of service and shall consist of:

      (1) Seven (7) Nine (9) individuals who are representative of the private employment

sector in the following manner: state who shall constitute a majority of the membership:

LC005689/SUB A/4 - Page 2 of 10

      (i) Five (5) of whom shall be representative of business, industry, and agriculture

including:

      (A) One member who is representative of small business concerns; and

      (B) One member who is a private sector member of the state job training coordinating

council (established pursuant to section 122 of the Job Training Partnership Act, 29 U.S.C section

1532); and

     (ii) Two (2) of whom shall be representatives of labor organizations;

     (A) Two (2) members who are representatives of general business concerns;

     (B) One member who is a representative of small business concerns;

     (C) One member who is a private sector member of the governor's workforce board or the

Rhode Island workforce investment board; or state job training coordinating council (established

pursuant to section 122 of the Job Training Partnership Act, 29 U.S.C. 1532); and

     (D) One member who is a representative of the CTE trust established pursuant to this

chapter;

     (ii) Two (2) members who are representatives of labor organizations, one of whom must

be a career and technical teacher; and

     (iii) Two (2) members from trade associations representing employers in the state.

     (2) Six (6) Five (5) individuals who are representative of secondary and postsecondary

vocational educational institutions including: (equitably distributed among those institutions),

career guidance and counseling organizations within the state, individuals who have special

knowledge and qualifications with respect to the special educational and career development

needs of special populations (including women, the disadvantaged, individuals with disabilities,

individuals with limited English proficiency, and minorities) and of whom one member shall be

representative of special education.

     (i) One member who is a representative of the Rhode Island association of school

superintendents;

     (ii) One member who is a representative or the director of career and technical education

programs and/or facilities;

     (iii) The commissioner of elementary and secondary education or his/her designee:

     (iv) The commissioner of higher education or his/her designee: and

     (v) One member who is a representative of adult education and skills training.

     (3) The secretary of commerce or his/her designee shall be the fifteenth (15th) member ex

officio.

      (c) In selecting individuals to serve on the state council, board, due consideration shall

LC005689/SUB A/4 - Page 3 of 10

be given to the appointment of individuals who serve on a private industry council under the Job

Training Partnership Act (established pursuant to 29 U.S.C. section 1512), or on state councils

established under other related federal acts.

      (d) Members of the council board of trustees may not represent more than one of the

above specified categories; and there shall be appropriate representation of both sexes, racial, and

ethnic minorities, and the various geographic regions of the state.

      (e) The state shall certify the establishment and membership of the state council board of

trustees at least ninety (90) days prior to the beginning of each planning period described in

section 113(a)(1) of United States Public Law 98-524, 20 U.S.C. section 2323(a)(1).

     16-53-4. Qualifications of members. -- Each appointed member of the council, board of

trustees, before entering upon his or her duties, shall take an oath to administer the duties of his or

her office faithfully and impartially, and the oath shall be filed in the office of the secretary of

state.

     16-53-5. Officers of the council. –Officers of the board of trustees. -- The officers of

the council board of trustees shall be a chairperson appointed by the governor who shall be a

representative of the private sector and vice chairperson elected from the membership. Officers

shall be elected annually by a majority vote of the council board of trustees members; a majority

of the appointed members shall constitute a quorum. Upon allocation of designated state funding

for the purpose of supporting the board of trustees' duties and activities;, the council board of

trustees is authorized to obtain or to contract for any services that may be necessary to enable it to

carry out its duties. A majority vote of those present shall be required for action.

     16-53-6. Expenses of members. -- The members of the council board of trustees shall

serve without compensation, but shall be reimbursed for their expenses necessarily incurred in the

performance of their duties in accordance with state law, regulations, and practices.

     SECTION 3. Section 16-53-3 of the General Laws in Chapter 16-53 entitled "Rhode

Island State Advisory Council for Technical Vocational Education" is hereby amended to read as

follows:

     16-53-3. Functions and responsibilities.-- Duties and responsibilities. -- (a) The

council board of trustees shall:

      (1) Meet with the board of regents for elementary and secondary education or its

representatives during the planning year to advise on the development of the state plan; Advise

the commissioner of elementary and secondary education and the board of education on the

development of a biannual state plan for career and technical education;

      (2) Advise the board of regents commissioner of elementary and secondary education so

LC005689/SUB A/4 - Page 4 of 10

that he/she may and make reports to the governor, the business community, and general public of

the state, concerning:

      (i) Policies the state should pursue to strengthen vocational career and technical

education; (with particular attention to programs for individuals with disabilities); and

      (ii) Initiatives and methods the private sector could undertake to assist in the

modernization of vocational career and technical education programs;

      (3) Analyze and report on the (iii) The distribution of spending for vocational career and

technical education in the state and on the availability of vocational career and technical

education activities and services within the state; and

     (iv) The integration and coordination of the various policies and procedures involving

career and technical education.

      (4) (3) Furnish consultation to the commissioner of elementary and secondary education

and the board of education of regents on the establishment of evaluation criteria and processes for

vocational career and technical education programs within the state; as they pertain to:

     (i) The establishment, continuation and discontinuation of career preparation programs;

     (ii) Incentives that promote and reward program excellence on the basis of performance;

     (iii) Incentives that emphasize the needs of business and labor organizations;

     (iv) Instructor preparation and qualifications in the areas of industry credentialing,

development opportunities, and relevant field-based experiences;

     (v) The integration of academic and technical instruction and skill attainment in career

preparation programs; and

     (vi) The management and distribution of state funding allocated for the express purpose

of establishing or improving career preparation program model sites.

      (5) Submit recommendations to the board of regents on the conduct of vocational

education programs conducted in the state which emphasize the use of business concerns and

labor organizations;

      (6) (4) Assess Provide advice and consent on the policy principles and goals that govern

the distribution of financial assistance furnished under this chapter, particularly with the analysis

of the distribution of financial assistance between secondary vocational career and technical

education programs and postsecondary vocational career and technical education programs;

     (5) Report annually to the board of education on topics that include:

     (7) Recommend (i) Recommended procedures to the board of regents ensure and enhance

the participation of the public in the provision of vocational career and technical education at the

local level within the state, particularly the participation of local employers and local labor

LC005689/SUB A/4 - Page 5 of 10

organizations; and

      (8) Report to the board of regents on the (ii) The extent to which the individuals

described in former section 201(b) of United States Public Law 98-524, 20 U.S.C. section

2331(b), are provided with equal access to quality vocational career and technical education

programs;

      (9) (i) (6) Evaluate Furnish consultation to the commissioner of elementary and

secondary education to evaluate at least once every two (2) years the vocational career and

technical education program delivery systems assisted under this chapter, and under the Job

Training Partnership Act, 29 U.S.C. section 1501 et seq., in terms of their adequacy and

effectiveness in achieving the purposes of each of the two (2) acts, and make recommendations to

the state board on the adequacy and effectiveness of the coordination that takes place between

vocational education and the Job Training Partnership Act; and

      (ii) Advise the governor, the board of regents, the state job training coordinating council,

the United States secretary of education, and the United States secretary of labor of these findings

and recommendations; and make recommendations to stakeholders on the adequacy and

effectiveness of the coordination between career and technical education and the workforce

demands of the Rhode Island economy and post-secondary workforce development;

      (10) (7) Comply with all federal statutes, requirements, regulations, and guidelines, and

in particular United States Public Law 98-524 and any amendments to it.;

     (8) Establish, support, and expand private sector participation programs that enhance

career and technical education at the local level within the state, particularly the participation of

local employers and local labor organizations in providing funding, equipment, training,

apprenticeships, work-study programs and other services which will enhance student experiences.

      (9) Subject to the approval of the board of education, assume management and

jurisdiction of state-owned and operated career and technical schools, at the request of the

governing body of the school with a consultation from the executive director of the state-owned

school, and assume management of such other career and technical schools as agreed to by local

education districts and with a recommendation from the superintendent of schools.

      (b) In the event that the governing board of a state-owned and operated career and

technical school, or a local education agency in accordance with § 16-53-3(a)(8), requests the

board of trustees to assume management and jurisdiction of their career and technical school, then

the board of education may assign the care management and responsibility of career and technical

facilities to the board of trustees for the express purpose of providing coordinated career and

technical educational services. Prior to the assignment of the care, management and responsibility

LC005689/SUB A/4 - Page 6 of 10

of the school, the trustees shall prepare a plan which shall examine and make recommendations

over the:

     (1) Management of the career and technical school, including, but not limited to:

     (i) Including how the conversion from a separate school facility to a statewide system

will impact:

     (A) Personnel;

     (B) Labor agreements, including existing collective bargaining agreements;

     (C) Contractual obligations outside of labor agreements;

     (D) Management structure;

     (E) Program offerings;

     (F) Admission policies;

     (G) Facilities; and

     (H) Other items as requested by RIDE or the board of education.

     (2) Management of other state owned facilities for the sole purpose of offering career and

technical programs; and

     (3) Method of assuming ownership and management of career and technical facilities

within the state that were transferred including the integration of programs, curriculum, offerings,

and the relationship of matching academic requirements to career and technical education to

enhance student outcomes.

     (c) In the event the board of trustees assumes responsibility pursuant to § 16-53-3(b), the

board of trustees shall act with the same authority as a local school committee.

     (d) In the event the board of trustees assumes responsibility pursuant to § 16-53-3(a)(8),

the board of trustees shall recognize the collective bargaining representatives of all affected

employees in each collective bargaining unit and shall recognize the collective bargaining

agreements in effect for all affected employees.

     SECTION 4. Chapter 16-53 of the General Laws entitled "Rhode Island State Advisory

Council for Technical Vocational Education" is hereby amended by adding thereto the following

sections:

     16-53-7.1. Trustee funding. -- The trustees shall be supported by funding to provide for

the initiation and start-up of the trustees, and for any ongoing expenses.

     16-53-8. Creation of career and technical education trust. -- (a) Rhode Island CTE

trust established. – Effective January 15, 2015, there is hereby created a permanent not-for- profit

corporation to be known as the Rhode Island CTE trust on career and technical education.

     (b) Composition of the CTE trust. The power of the trust shall be vested in nine (9)

LC005689/SUB A/4 - Page 7 of 10

members appointed originally by the governor in staggered terms. All the members shall serve

until their successors are appointed and qualified. After the original appointments, the CTE trust

shall have authority to appoint successors to fill terms for seven (7) of the members set forth in

subsection (d)(1) of this section.

     (c) The CTE trust shall coordinate with, but shall remain independent from, both RIDE

and the board of education.

     (d) The membership of the CTE trust shall be as follows:

     (1) Seven (7) individuals who are representative of the private sector in the state who

shall constitute a majority of the membership. From among this group, five (5) members shall be

representative of business, industry, and agriculture, including, but not limited to:

     (i) At least one representative from the various trades which are performed in the state;

and

     (ii) At least one representative from any trade association representing various career and

technical education career clusters established by the U.S. Department of Education.

     (2) The secretary of commerce for Rhode Island; and

     (3) A member of the governor's workforce training board, appointed by the governor.

The governor shall make the reappointment to this position.

     (e) A member shall be eligible to succeed himself or herself.

     (f) The governor shall make all appointments to the CTE trust on or before January 15,

2015.

     16-53-9. Functions and responsibilities of the career and technical education trust.--

     The trust shall:

     (1) Create partnerships with various employers to provide for internships, apprenticeship

programs, voluntary work relationships and other such partnerships which provide for student

learning:

     (2) Provide advisory assistance to the board of trustees in the development of programs,

curriculum, areas of focus and concentration:

     (3) Raise funds for the use of the organization, to provide grants and loans to the state

board and for other purposes as determined by the private board: and

     (4) Provide any other assistance to the state board, board of education or to the general

assembly.

     16-52-10. Trust debts and obligations. -- Debts and obligations of the CTE trust shall

not be or constitute a debt of the state, or any department, municipality, or subdivision thereof.

     16-52-11. Career and technical trust. - Responsibility. – The state of Rhode Island is

LC005689/SUB A/4 - Page 8 of 10

not responsible for the career and technical trust.

     16-53-12. Trust gifts, grants and donations. -- The trust is authorized to receive any

gifts, grants, or donations made for any of the purposes of its program, including state and federal

funds, and to disburse and administer the gifts, grants, or donations in accordance with its terms,

subject to applicable law.

     SECTION 5. Section 3 of this act shall take effect on January 30, 2015. The remainder

of this act shall take effect upon passage.

========

LC005689/SUB A/4

========

LC005689/SUB A/4 - Page 9 of 10

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION

***

     This act would establish a new permanent Rhode Island board of trustees on career and

technical education, which would assume and expand upon the duties of the former Rhode Island

state advisory council on vocational education. The board may take control over a career and

technical high school at the request of a school board serviced by the school. The act would also

create the Rhode Island CTE trust on career and technical education to help raise funds for and to

promote partnerships to provide for student learning in career and technical education.

     Section 3 of this act would take effect on January 30, 2015. The remainder of this act

would take effect upon passage.

========

LC005689/SUB A/4

========

LC005689/SUB A/4 - Page 10 of 10