2014 -- H 8263

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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 - THE RHODE ISLAND BOARD OF EDUCATION ACT

     Introduced By: Representatives Ackerman, Tomasso, Morin, O'Brien, and Abney

     Date Introduced: May 29, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-97-1 of the General Laws in Chapter 16-97 entitled "The Rhode

Island Board of Education Act" is hereby amended to read as follows:

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

there is created a board of education which shall be and is constituted a public corporation,

empowered to sue and be sued in its own name, to have a corporate seal, and to be vested with all

the powers and duties currently vested in the board of governors for higher education established

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

chapter 16-60.

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

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

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

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

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

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

higher education.

      (c) The board of education shall consist of eleven (11) twelve (12) public members

appointed by the governor with the advice and consent of the senate. One of the members shall be

an employer community member of the state workforce investment board as established in §28-

45.1-2. Four (4) of the members initially appointed pursuant to this section shall serve terms of

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

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

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

(3) years. No board member shall be appointed to serve more than two (2) three (3) year terms.

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

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

present shall be required for action.

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

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

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

submit to the governor and the general assembly its final plan for the permanent administrative

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

education, the board of education shall establish a plan for distributing the assets, responsibilities,

powers, authorities, and duties of the office of higher education to the three (3) higher education

institutions and appropriate state agencies. Said distribution shall be done in a manner designed to

maximize efficiency, provide greater articulation of the respective responsibilities of elementary

and secondary and higher education, and ensure that students are prepared to succeed in school,

college, careers, and life. The permanent governance structure for higher education shall, at a

minimum: (1) Provide clear guidance on statutory, legal, financial and contractual obligations; (2)

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

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

higher education shall be abolished.

     (f) The board shall prepare a plan that ensures that career and technical education, adult

education and the community college of Rhode Island are given due consideration as important

components of the state's public education system as well as its workforce development efforts.

The plan shall be developed with input from Rhode Island-based employers and shall be

submitted to the governor, the speaker of the house and the president of the senate no later than

January 12, 2015.

     SECTION 2. 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 - THE RHODE ISLAND BOARD OF EDUCATION ACT

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     This act would expand the board of education membership from eleven (11) members to

twelve (12) by adding an employer community member of the state workforce investment board.

The act would also require the board to prepare a plan that ensures that career and technical

education, adult education and the community college of Rhode Island are given due

consideration as important components of the state's public education system.

     This act would take effect upon passage.

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