2014 -- H 8204 SUBSTITUTE B

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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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:

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

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entitled "Career and Technical Education [See Title 16 Chapter 97 - The Rhode Island Board of

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Education Act]" are hereby amended to read as follows:

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

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

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

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

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

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

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

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industries; and

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

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

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education opportunities.

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

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

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of program offerings, and outcomes throughout the state. Therefore, effective January 30, 2015,

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there is hereby established a Rhode Island career and technical board of trustees to be known as

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the Rhode Island board of trustees on career and technical education. Effective November 1,

 

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2014, there is hereby created a not-for-profit organization known as the CTE trust.

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

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

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

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and promotes workforce development.

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

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career and technical board of trustees which shall be responsible for the implementation of a

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

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     SECTION 2. Sections 16-53-1, 16-53-2, 16-53-4, 16-53-5, 16-53-6, and 16-53-7 of the

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

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Vocational Education" are hereby amended to read as follows:

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

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

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

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

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trustees."

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

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

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board of trustees on career and technical education.

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

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council board of trustees shall be composed of thirteen (13) members appointed by the governor

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in staggered terms; all the members shall serve until their successors are appointed and qualified.,

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

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governor shall appoint members to succeed the members whose term will then next expire for a

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

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

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vacancy other than by expiration shall be filled in the same manner as an original appointment but

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only for the unexpired portion of the term.

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      (b) The membership of the council shall consist of: thirteen (13) members of the board of

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

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

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

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

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including:

 

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

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

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

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1532); and

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

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

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

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

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the Rhode Island workforce investment board;

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

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chapter;

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     (v) One member who is a representative of labor organizations; and

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     (vi) One member from a trade association representing employers in the state.

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

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

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

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

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

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

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representative of special education.

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

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superintendents;

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

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programs and/or facilities;

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

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

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

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     (3) The secretary of commerce or his/her designee shall be the thirteenth (13th) member

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and shall serve in an ex officio capacity.

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

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

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

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established under other related federal acts.

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

 

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

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

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

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

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

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

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

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

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state.

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

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the council board of trustees shall be a chairperson who shall be a representative of the private

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sector and vice chairperson elected from the membership. Officers shall be elected annually by a

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majority vote of the council board of trustees’ members; a majority of the appointed members

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shall constitute a quorum; the council board is authorized to obtain or to contract for any services

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that may be necessary to enable it to carry out its duties. A majority vote of those present shall be

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required for action.

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

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

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

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     16-53-7. Gifts, grants, or donations. -- The council board of trustees is authorized to

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receive any gifts, grants, or donations made for any of the purposes of its program, and to

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disburse and administer the gifts, grants, or donations in accordance with the terms of it.

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     SECTION 3. Section 16-53-4 of the General Laws in Chapter 16-53 entitled "Rhode

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

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follows:

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     16-53-3. Functions and responsibilities. -- The council board of trustees shall:

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

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

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

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

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

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

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the state, concerning:

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

 

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

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

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modernization of vocational career and technical education programs.

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

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

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activities and services within the state;

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

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

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vocational career and technical education programs within the state;

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

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vocational career and technical education programs conducted in the state which emphasize the

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use of business concerns and labor organizations;

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

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

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the distribution of financial assistance between secondary vocational career and technical

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education programs and postsecondary vocational career and technical education programs;

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

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

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

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organizations;

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

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

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

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programs;

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

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

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

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

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achieving the purposes of each of the two (2) acts, and make recommendations to the state board

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on the adequacy and effectiveness of the coordination that takes place between vocational career

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and technical education and the Job Training Partnership Act; and

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

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coordinating council, the United States secretary of education, and the United States secretary of

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labor of these findings and recommendations; and

 

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

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

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     (11)(i) Take control and management of state-owned and operated career and technical

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schools, at the request of a local school committee or its equivalent that is serviced by the school,

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and take control of such other career and technical schools as agreed to by local education

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districts. The board of trustees is hereby authorized to assume control, management, and

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ownership of facilities for the express purpose of providing coordinated career and technical

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educational services. The trustees shall prepare a plan which shall examine and make

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recommendations over the:

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     (A) Management of the career and technical school;

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

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technical programs; and

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

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within the state that were transferred.

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     (ii) In the event the board of trustees takes control pursuant to this subsection, the board

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

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

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

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

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apprenticeships, work-study programs and other services.

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

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

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sections:

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     16-53-7.1. Funding for board of trustees. -- The trustees shall be supported by an initial

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appropriation from the general assembly to provide for the operation and start-up costs of the

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trustees, and for any on-going expenses.

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

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trust established. – Effective November 1, 2014, there is hereby created a permanent not-for-

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

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hereinafter referred to as the "CTE trust." The CTE trust shall have a distinct legal existence from

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the state and not constitute a department of the state government, with the politic and corporate

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powers as are set forth in this chapter.

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     (b) Composition of the CTE trust. (1) The power of the trust shall be vested in nine (9)

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members. The CTE trust shall be composed of nine (9) members appointed originally by the

 

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governor in staggered terms. All the members shall serve until their successors are appointed and

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qualified. After the original appointments the members of the CTE trust shall have authority to

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appoint successors to fill terms for seven (7) of the members set forth in subsection (2)(i) of this

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section.

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

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

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

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

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

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and

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

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

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

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

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The governor shall make the reappointment to this position.

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

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     (4) The governor shall make all appointments to the CTE trust on or before November 1,

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2014.

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     (C) The CTE trust shall coordinate with but shall remain independent from both the

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Rhode Island department of education and the Rhode Island board of education.

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

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     The trust shall:

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

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

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learning:

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

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areas of focus and concentration:

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

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

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

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assembly.

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     16-52-10. Debts and obligations. -- Debts and obligations of the CTE trust shall not be

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or constitute a debt of the state, or any department, municipality, or subdivision thereof.

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     16-53-11. Gifts, Grants and Donations. -- The trust is authorized to receive any gifts,

 

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

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

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of it, subject to applicable law.

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     SECTION 5. Section 3 of this act shall take effect on January 30, 2015, except §§ 16-53-

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3(a)(9), 16-53-3(b), 3(c), and 3(d) of Section 3 which shall take effect January 1, 2016. The

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remainder of this act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION

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

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

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

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

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

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

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     Section 3 of this act would take effect on January 30, 2015, except §§ 16-53-3(a)(9), 16-

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53-3(b), 3(c), and 3(d) of Section 3 which would take effect January 1, 2016. The remainder of

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this act would take effect upon passage.

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